Provisional sums
Brewer, Geoff
Provisional sums - 2006 - Contract Journal 434(6586) 2 August 2006, 21(1) .
Considers the implications of the recent CA decision in "Midland Expressway Ltd v Carillion Construction Ltd and others" ([2006] EWCA Civ 936, unreported), where C's appeal against a decision that provisional sums contained in a contract between it and M should be deducted from the final contract price was dismissed. It is thus clear that even where a contract fails to set out the rules for expenditure of a provisional sum, it is to be understood that the provisional sum is to be omitted in calculating the final account, and that a valuation of the work actually carried out substituted for it.
MIDLAND EXPRESSWAY LTD V CARILLION CONSTRUCTION LTD AND OTHERS
ST MODWEN DEVELOPMENTS LTD V BOWMER AND KIRKLAND
England and Wales--1543-
Provisional sums - 2006 - Contract Journal 434(6586) 2 August 2006, 21(1) .
Considers the implications of the recent CA decision in "Midland Expressway Ltd v Carillion Construction Ltd and others" ([2006] EWCA Civ 936, unreported), where C's appeal against a decision that provisional sums contained in a contract between it and M should be deducted from the final contract price was dismissed. It is thus clear that even where a contract fails to set out the rules for expenditure of a provisional sum, it is to be understood that the provisional sum is to be omitted in calculating the final account, and that a valuation of the work actually carried out substituted for it.
MIDLAND EXPRESSWAY LTD V CARILLION CONSTRUCTION LTD AND OTHERS
ST MODWEN DEVELOPMENTS LTD V BOWMER AND KIRKLAND
England and Wales--1543-