403. Distinction between arbitration and certification.

403.     Distinction between arbitration and certification.

Under most building contracts, the architect or engineer is required to issue certificates1. In the nineteenth and early twentieth centuries it was common for contracts to provide that, in the case of dispute, the architect or engineer was also to act as arbitrator2. Such provisions are now uncommon, if not unknown. A court would, it is thought, nowadays require very clear words to conclude that the contract was intended to confer such powers upon an architect or engineer3.

The granting of certificates under a building contract is