Cases - Colbart v Kumar

Record details

Name

Colbart v Kumar

Date

[1992]

Citation

59 BLR 89

Keywords

Defects - refurbishment works

Summary

This matter concerned the execution of refurbishment works carried out under the JCT IFC form of contract. The principal issue concerned the ability of Kuma (the employer) to recover for defects after the final certificate had been issued. The court held that:

• the conclusive effect of a certificate issued under clause 4.6 is limited by the effect of clause 1.1;
• clause 1.1 was not restricted to such materials and workmanship as were expressly reserved by the contract to the opinion of the architect for approval, but included all materials and workmanship where approval is inherently a matter for the opinion of the architect;
• the quality of materials and standards of workmanship involved in the allegations of defective work raised in the defence were inherently matters for the opinion of the architect, and therefore the final certificate was conclusive as to each of those matters.