The following Construction practice note provides comprehensive and up to date legal information covering:
There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work which cannot be accurately defined, detailed or valued at the time that the tendering documents are issued by the employer. This could be because the item of work may not be required or the extent/scope of it is undefined—for example, if the contract works include excavation or underground work that cannot be properly investigated until the project has commenced. It is called a ‘provisional’ sum because neither party is held to the figure—the actual figure may be higher or lower than the provisional sum stated.
In Midland Expressway v Carillion Construction, the Court of Appeal described a provisional sum as being:
'used in pricing construction contracts to refer either to work which is truly provisional, in the sense that it may or may not be carried out at all, or to work whose content is undefined, so that the parties decide not to try to price it accurately when they enter into their contract’
Some contracts distinguish between ‘defined’ and ‘undefined’ provisional sums, for example, the JCT Standard Building Contract with Quantities 2016 (SBC/Q) adopts the definitions from paragraph 2.9.1 of the New Rules of Measurement—Detailed Measurement for Building
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard Commercial Property Conditions (Second Edition) (the Second Edition), which was published in June 2004. It is intended to reflect the changes in law and
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods, or•dishonestly undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.