Cases - Cantrell v Wright & Fuller Ltd

Record details

Name

Cantrell v Wright & Fuller Ltd

Date

[2003]

Citation

BLR 412

Keywords

Construction contracts - certification - final certificate - definition/meaning of final certificate - interpretation of contract term as to final certificate - JCT Standard Form (1980 ed)

Summary

The claimant employers contracted with the defendant under the JCT Standard Conditions of Contract (1980 edition). The works achieved practical completion on 23 February 1998. On 12 March 1999 the architect sent the claimants the final account and an interim certificate (dated 10 March 1999) for an interim payment in the sum of approximately £25,000. On 29 March 1999 the architect produced a certificate that the respondents relied upon as being the final certificate. In the arbitration, there was a dispute as to whether this was a final certificate within the meaning of clause 30.8.

The Court held that:

• The certificate must be:
  • one which clearly expresses the relevant opinion of the architect in a form that shows that the opinion is that of the architect;
  • one which the contract calls for; and
  • one which addresses and only addresses the matters called for.
• If the certificate is, on its face, clear and unambiguous, there will be little or no need to consider extraneous contemporary material in order to be satisfied that it fulfils the form, substance and intent test.
• Where the certificate is itself ambiguous, recourse may be made to any covering letter or other contemporaneous document which was produced with or as part of the certifying process so long as that additional document is properly to be regarded as being issued as part of the certificate.
• If it is contended that the certificate was not the product of the architect and therefore not an expression of his own intent, additional evidence will be both admissible and required.

The document issued on 29 March 1999 was declared not to be the final certificate in either form, substance or intent.