Cases - Alstom Signalling Ltd v Jarvis Facilities Ltd

Record details

Name

Alstom Signalling Ltd v Jarvis Facilities Ltd

Date

[2004]; [2004]

Citation

EWHC 1232 (TCC); AII ER (D) (Jun)

Legislation

Civil Procedure Rules

Keywords

Construction contracts - pain/gain provision - pain or gain clause - mechanism for project cost overrun or underrun - referral to court - power of court to give effect to clause

Summary

Although a pain/gain clause contained in the main contract had not been finalised, upon the documentation it was clear that the parties sought to be bound by an agreement to provide such a clause and, since the contract had been completed, the court should seek to give effect to the incompletely or imperfectly expressed intention of the parties, if that could reasonably be done.