Cases - Darlington BC v Wiltshier

Record details

Name

Darlington BC v Wiltshier

Date

[1995]

Citation

1 WLR 68

Keywords

Contract administration

Summary

This case concerned clause 30(7)(a) of the JCT 1963 standard form of contract (1977 revision), which provided that the effect of a final certificates was '(i) conclusive evidence that where the quality of materials or standards of workmanship are to be to the reasonable satisfaction of the architect the same are to his satisfaction'. The issue before the court was whether such a final certificate would prevent a party from claiming in respect of any defects in the works.

In distinguishing Colbart v Kumar, HHJ Newey QC held that the final certificate applied only to materials and workmanship which were expressly stipulated under the contract to be to the architect's reasonable satisfaction, and to none other.