Provisional sums
Language: English Series: Contract Journal ; 434(6586) 2 August 2006, 21(1)Publication details: 2006Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L134461 (Browse shelf(Opens below)) | 1 | Available | 134461-1001 |
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.