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SoS Transport v Birse-Farr Joint Venture

Language: English Series: Construction Industry Law Letter ; (1994) CILL 903-904(2)Publication details: 1994Subject(s): Summary: Commercial Court 7 April 1993. Dispute had arisen between B, a contractor, and S over a variation to the concrete specification. At arbitration B`s contention that it was under certified by the engineer to the sum of £291,213 was supported. B also claimed compound interest under ICE Conditions 5th editions Cl 60(6) for both the present and previous under-certifications. Interest was granted and S appealed. The court agreed that Cl 60(6) did not allow for compound interest.

Commercial Court 7 April 1993. Dispute had arisen between B, a contractor, and S over a variation to the concrete specification. At arbitration B`s contention that it was under certified by the engineer to the sum of £291,213 was supported. B also claimed compound interest under ICE Conditions 5th editions Cl 60(6) for both the present and previous under-certifications. Interest was granted and S appealed. The court agreed that Cl 60(6) did not allow for compound interest.