323. Form of certificate.

323.     Form of certificate.

Generally each contract will provide for the form of certificates required under it but, subject to an express provision to the contrary, a certificate need not be in writing1. Whether the document or statement relied on constitutes a certificate for the purposes of the contract is a question of construction2. In practice, however, certificates in modern building and engineering contracts are invariably required to be in writing.

If the contract requires only that the architect should certify his satisfaction with the works, it is not necessary that the certificate should state