337. Interference or prevention by the employer.

If the employer interferes with or prevents the issue of a certificate, the contractor can recover the sums due and the employer cannot rely on the absence of a certificate1. Alternatively, in such a case the contractor can recover the sums due to him as damages for breach of an implied term that the employer should not interfere with or prevent the exercise of the certifier's jurisdiction2 or of an implied term that the employer should act honestly, fairly and reasonably

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