Midland Expressway Ltd v Carillion Construction Ltd & Ors

Midland Expressway Ltd v Carillion Construction Ltd & Ors

Provisional Sums must be deducted from the Contract Price when actual costs are ascertained or if no work is done. CAMBBA is entitled to interim and final payment for Aggregate Tax reflecting actual tax incurred, not limited to the provisional sum. Enclosure of Chasewater Footbridge was not a police or Relevant Authority requirement and was not an Employer's Change; MEL must bear the cost. Works outside the Site boundary (Dunton Island) entitle CAMBBA to an Employer's Change. Omission of gantries and use of post-mounted signs was not a variation; MEL not entitled to price reduction. Mandatory speed limits at toll stations were required by the contract; not an Employer's Change. Lowering...

Parties
Claimant: Midland Expressway Limited; Defendant: Carillion Construction Limited; Defendant: Alfred McAlpine Construction Limited; Defendant: Balfour Beatty Group Limited; Defendant: AMEC Capital Projects Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2005
Procedural Posture
Civil (construction Contract Dispute) / Judgment After Trial
Outcome
Declarations granted in part to both parties; all other claims dismissed.
Legal Topics
Provisional Sums, Aggregate Tax, Employer's Change, Department's Change, Archaeology, Foul Drainage, Planning Fee, Statutory Discounts, Mandatory Speed Limits, Sign Gantries, Coin Baskets, Vehicle Inspectorate, Lodge Lane Link, Chasewater Footbridge
Construction Law Contract Law Provisional Sums Aggregate Tax Employer's Change Department's Change Archaeology Foul Drainage +8 more

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Parties

Midland Expressway Limited

Claimant

Carillion Construction Limited

Defendant

Alfred McAlpine Construction Limited

Defendant

Balfour Beatty Group Limited

Defendant

AMEC Capital Projects Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Judgment After Trial

Legal Issues

  1. 1 Whether Provisional Sums should be deducted from the Contract Price
  2. 2 Entitlement to interim and final payments for Aggregate Tax
  3. 3 Responsibility for enclosing Chasewater Footbridge

Ratio Decidendi

Provisional Sums must be deducted from the Contract Price when actual costs are ascertained or if no work is done. CAMBBA is entitled to interim and final payment for Aggregate Tax reflecting actual tax incurred, not limited to the provisional sum. Enclosure of Chasewater Footbridge was not a police or Relevant Authority requirement and was not an Employer's Change; MEL must bear the cost. Works outside the Site boundary (Dunton Island) entitle CAMBBA to an Employer's Change. Omission of gantries and use of post-mounted signs was not a variation; MEL not entitled to price reduction. Mandatory speed limits at toll stations were required by the contract; not an Employer's Change. Lowering...

Court Disposition

Declarations granted in part to both parties; all other claims dismissed.

Orders

  • MEL entitled to declarations regarding deduction of Provisional Sums, mandatory speed limits, and coin baskets.
  • CAMBBA entitled to declarations regarding interim and final payment for Aggregate Tax, New Roads and Street Works Discounts (subject to repayment of Corderoy's fees), and re-use of gantries (only for GEX2).