373. Recovery of money.

The contractor can apply for summary judgment for any sum due to him as the price of the work he has completed so long as there is no defence to the claim. Claims for liquidated sums, such as claims for the price of a lump sum contract, or for an instalment payment when the price is payable by instalments, are all within the provisions of the Civil Procedure Rules as to obtaining summary judgment1.

Many building contracts provide that the contractor must present the certificate of an architect or valuer to the employer as a precondition of payment. In such