Provisional Sums Clause Samples
The Provisional Sums clause defines a specific amount of money set aside within a contract for work or services that are anticipated but not yet fully detailed at the time of agreement. In practice, this clause allows the contract to include estimated costs for items such as unforeseen site conditions or additional work that may arise during the project, with the actual expenditure and scope to be determined later. Its core function is to provide flexibility in budgeting and project planning, ensuring that both parties can address uncertainties without renegotiating the entire contract.
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Provisional Sums. The estimated cost of specialized services to be carried out, or of special goods to be supplied, by other Service Providers should be indicated in the relevant part of the Activity Schedule as a particular provisional sum with an appropriate brief description. A separate procurement procedure is normally carried out by the Procuring Entity to select such specialized Service Providers. To provide an element of competition among the Tenderers in respect of any facilities, amenities, attendance, etc., to be provided by the successful Tenderer as prime Service Provider for the use and convenience of the specialist contractors, each related provisional sum should be followed by an item in the Activity Schedule inviting the Tenderer to quote a sum for such amenities, facilities, attendance, etc.
Provisional Sums. The Employer’s Representative shall issue instructions in regard to the expenditure of any Provisional Sums included in the Contract. Such instructions shall be valued or the price agreed in accordance with clause 3.1 and 3.2 hereof as appropriate and the Contract Sum adjusted.
Provisional Sums. PREAMBLES
Provisional Sums. Each Provisional Sum shall only be used, in whole or in part, in accordance with the Contract Awarder's instructions, and the Contract Price shall be adjusted accordingly. The total sum paid to the Contractor shall include only such amounts, for the work, supplies or services to which the Provisional Sum relates, as the Contract Awarder shall have instructed. For each Provisional Sum, the Contract Awarder may instruct:
(a) work to be executed (including Plant, Materials or services to be supplied) by the Contractor and valued under Sub-Clause 13.3 [Variation Procedure]; and/or
(b) Plant, Materials or services to be purchased by the Contractor, for which there shall be added to the Contract Price less the original Provisional Sums:
(i) the actual amounts paid (or due to be paid) by the Contractor, and
(ii) a sum for overhead charges and profit, calculated as a percentage of these actual amounts by applying the relevant percentage rate (if any) stated in the Contract. The Contractor shall, when required by the Contract Awarder, produce quotations, invoices, vouchers and accounts or receipts in substantiation.
Provisional Sums. In the second line of subclause 6.
Provisional Sums. Provisional Sums may be included in the Contract for work which is to be executed by the Contractor or for any item the cost of which is to be borne by the Contractor. Such sums shall be expended only on the instructions of the Principal’s Representative. The amount payable to the Contractor in respect of work covered by a Provisional Sum shall be varied by substitution for the Provisional Sum of the value of the work executed valued as a Variation.
Provisional Sums. 5.1 The Council need not pay any provisional sum specified in Item 13 of the Schedule unless the relevant work or item is performed or supplied by the Contractor at the direction of the Council. In that case, the Council must pay the provisional sum (subject to adjustment) to the Contractor as an addition to the Contract Sum in the same manner and at the same time as the Contract Sum.
Provisional Sums a. If a Provisional Sum is set out at Item 12 of the Sub-Contract Particulars the Sub-Contractor must comply with a direction by Total to carry out the work or supply the item to which the Provisional Sum relates.
b. A Provisional Sum included in the Sub-Contract will not itself be payable by Total but where pursuant to a direction, any part or the whole of the work or item to which the Provisional Sum relates is carried out or supplied by the Sub- Contractor, the work or item will be priced by Total, and the difference will be added to or deducted from the Sub- Contract Sum.
c. The Sub-Contractor acknowledges the Sub-Contract Sum includes an amount for profit and overheads in relation to the Provisional Sums and unless otherwise stated, with respect to the supply of Provisional Sum items, includes the costs of supply, delivery and installation.
Provisional Sums. All the provisional sums cover supply of material and equipment and installation where applicable by firms of specialists. Provisional sums are net and do not include builder's discount, but the Tenderer may allow under "Profit" items any profit he considers necessary. The Tenderer is referred to Clause 87.1 and 87.2 in the "Preliminaries" section for the definition and adjustment of "General Attendance".
Provisional Sums provision for physical contingencies (quantity overruns) may be made by including a provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional sums often facilitates budgetary approval by avoiding the need to request periodic supplementary approvals as the future need arises. Where such provisional sums or contingency allowances are used, the Contract Data should state the manner in which they will be used, and under whose authority (usually the Project Manager’s).