Commentary

128 Overriding or dispensing with a certificate

BUILDING AND ENGINEERING vol 5
| Commentary

128 Overriding or dispensing with a certificate

| Commentary

128 Overriding or dispensing with a certificate

Where a certificate is conclusive upon some matter, or where the issue of a certificate is a condition precedent to a claim under the contract, a party may nonetheless be able in certain circumstances to overcome a certificate or the lack of a certificate which appears to prejudice his legal position. This will be so where the formal certification requirements imposed by the contract have not been satisfied1, where the certification machinery has broken down2, where the certifier was under an obligation to issue a certificate but has not done so3, where there

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