Commentary

123 Nature of certification

BUILDING AND ENGINEERING vol 5
| Commentary

123 Nature of certification

| Commentary

3: CONTRACT ADMINISTRATOR AS CERTIFIER

123 Nature of certification

A certificate issued under a construction contract is the expression in a definite form of the exercise of the judgement, opinion or skill of the contract administrator in relation to some matter provided for by the terms of the contract1. Notwithstanding the contract administrator’s duty to act fairly and impartially2, however, his decisions are not equivalent to an arbitrator’s award3; hence there is no requirement to abide by the rules of natural justice, nor afford a proper hearing. The purpose of the certification procedure is

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