An examination of the independent certification processes of a construction contract

Backstrom, Michelle (2013) An examination of the independent certification processes of a construction contract. Building and Construction Law Journal, 29(5), pp. 406-416.

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Abstract

Construction contracts often provide that the decision of an independent certifier is final and binding. The effect of a contractual term like this has been debated in the courts over time. This paper considers the binding nature of certificates in the context of traditional construction contract arrangements and also considers the implications for more complex contracts like those entered into to facilitate public private partnerships. This article considers the response of the courts and the drafting implications and argues that a different focus would be advantageous.

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ID Code: 63945
Item Type: Journal Article
Refereed: Yes
Keywords: construction contracts , building contracts , independent certification, final and binding decisions in contract, discretionary judgement in contract
ISSN: 0815-6050
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2013 Thomas Reuters (Professional) Australia Limited
Deposited On: 04 Nov 2013 23:36
Last Modified: 06 Nov 2013 01:51

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