ABSTRACT

Where a dispute arises under a construction contract, the first method of resolving that dispute in a binding manner is often through the contract administrator. As seen in Chapter 18, the contract administrator usually has extensive decisionmaking powers, and the terms of the contract will govern the extent to which a decision, whether or not it is formally embodied in a certificate, will be legally binding upon the parties, at least for the time being. However, unless the contract makes a particular certificate ‘conclusive’ (in the sense discussed in Section 18.2.1), its effect can be challenged and, if appropriate, overturned in later proceedings of the kinds described below.