We are the Main Contractor working under an amended JCT DB 2016.
The schedule of amendments allow for Provisional Sums to be identified in the CSA, therefore no issue with them not being included in the ERs.
A Provisional Sum was included in the CSA for 50k, but a separate allowance for the same item was also made in the CSA under the substructure works.
We believe the Employer still needs to instruct the Provisional Sum, and the Valuation Rules for Provisional Sums followed e.g. omit the 50k from the Provisional Sum and price the works now the detail is confirmed.
We also believe the separate sums in the CSA for the same item should not be omitted, either, as the ERs have not omitted this scope of works. It is just unfortunate for the Employer on this occasion that it has been included twice. But as the Contractor takes the risk on the CSA and everything in it, this should be the Contractors gain in this instance.
Please can you advise how this situation should be administered under the Contract?