335. Disqualification for fraud or collusion.

Neither the employer nor the contractor will be bound by a certificate given as a result of collusion between the certifier and one of the parties. In such a case, the certifier is disqualified1. It is immaterial whether the fraudulent or collusive conduct took place before or after the contract was made2. Where the contractor alleges that the works are complete and that the architect has withheld a certificate in collusion with the employer, he has a good cause of action notwithstanding the absence of the certificate