Commentary

127 Conclusiveness of certificates

BUILDING AND ENGINEERING vol 5
| Commentary

127 Conclusiveness of certificates

| Commentary

127 Conclusiveness of certificates

Provisions for certification in construction contracts may be ‘conclusive’ in two senses. First, the issue of an appropriate certificate may be a condition precedent to the exercise by one of the parties of rights under the contract1. Where this is so, the absence of a certificate bars the rights in question, except in the special circumstances described below2.

Second, many contracts make a certificate, once issued, binding upon the parties and conclusive as to some or all of the matters with which it deals3. Whether and to what extent this is so is a question of construction,

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