Commentary

126 Disqualification of certifier

BUILDING AND ENGINEERING vol 5
| Commentary

126 Disqualification of certifier

| Commentary

126 Disqualification of certifier

It is fundamental to the certification process that the contract administrator should act impartially in reaching his decisions1. Thus, while the certifier is not obliged to arrange a formal hearing2, nor to abide by the rules of natural justice3, he should not give an opportunity to be heard to one party alone4. A certifier who fraudulently colludes with one of the parties (usually the employer) is thereby disqualified from acting5, as is one who, albeit not fraudulent, is clearly unable or unwilling to maintain his independence from the employer6. An undisclosed interest may also operate to

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