000			01795cad a22001935a 4500
001			L139944
008			070822e20070704xxk f v 000 0 eng d
035			_a(Sirsi) u139944
041	0		_aeng
245	0	0	_aSWI Ltd v P & I Data Services Ltd _h[electronic resource]
260			_c2007
520			_a[2007] EWCA Civ 663, 4 July 2007. Examines what can happen when a contract does not contain a provision permitting it to be varied. Respondent subcontractor (S) had entered into a subcontract with appellant contractor (P) to undertake electrical works on the basis of a very simple contract which had no contractual terms or conditions identified. This meant that any necessary terms would have to be implied. P was subsequently required to do more work under the main contract which meant S was required to do less electrical work. P sought a reduction in the amount payable to S, claiming the subcontract was a unit price contract, but the judge held that the subcontracts were fixed price contracts and that P was not entitled to any reduction. P then argued that terms should be implied into the subcontract dealing with variations and further relied upon the doctrine of substantial performance. "Held": appeal dismissed. The fixed price contract did not contain a provision permitting it to be varied, and therefore although S had not undertaken the full extent of the works, P was still liable to pay the full subcontract sum.
590			_aKA
650	2	4	_aSWI LTD V P AND I DATA SERVICES LTD
651		4	_aEngland and Wales _y1543-
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856	4	0	_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2007/663.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79140 _d79140