ABSTRACT

Where a dispute arises under a construction contract, the first means of resolving that dispute in a binding manner is often through a decision of the contract administrator. As seen in Chapter 17, the contract administrator usually has extensive decision-making 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 17.2.1), its effect can be challenged and, if appropriate, overturned in later proceedings of the kinds described below.