Except where the architect is disqualified from certifying1 or where the certificate may otherwise be dispensed with2, the final certificate will be binding and, depending on the terms of the contract, may also be conclusive, otherwise than where there is fraud. Thus, where a final certificate states an amount as due to the contractor which includes sums in respect of additional work which is not ordered in writing, the employer cannot resist payment in respect of the additional work3.
The binding effect of a final certificate may, subject to the express terms
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