129 Position of certifier

129 Position of certifier

It is now established that the contract administrator, in acting as an independent certifier or decision-maker, owes a duty of care to the employer and is thus liable to him for any loss resulting from negligent certification1. Furthermore, he is unlikely to enjoy immunity even when acting in a quasi-judicial manner, determining specific disputes or points of difference submitted to him by the parties2.

It appears that the contract administrator, in the role of independent certifier, owes no duty of care in tort to the contractor to avoid causing him economic loss

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