Cantrell & Anor v Wright & Fuller Ltd

Cantrell & Anor v Wright & Fuller Ltd

The certificate issued on 29 March 1999 was not the Final Certificate under clause 30.8 because it was issued out of time without fulfilling mandatory conditions precedent, including the completion of the adjustment process, issue of necessary certificates regarding delay and nominated sub-contractors, and proper consultation with the claimants. The certificate was ambiguous in form and intent, did not clearly express the architect's independent opinion, and failed to comply with the contractual requirements for a Final Certificate. The arbitrator erred in law by treating the time limits as wholly directory and by relying on extrinsic documents not properly incorporated. The appeal was...

Parties
Claimant: B. R. Cantrell; Claimant: E. P. Cantrell; Respondent: Wright & Fuller Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Arbitration Appeal Under Section 69(1) Arbitration Act 1996 / Judgment on Appeal From Arbitration Award
Outcome
Appeal allowed; arbitration award varied
Legal Topics
Final Certificate Validity, Time Limits in Construction Contracts, Conclusive Evidence Clauses, Conditions Precedent, Role of Architect/certifier, Contractual Interpretation
Construction Law Arbitration Law Contract Law Final Certificate Validity Time Limits in Construction Contracts Conclusive Evidence Clauses Conditions Precedent Role of Architect/certifier +1 more

Case Brief

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Parties

B. R. Cantrell

Claimant

E. P. Cantrell

Claimant

Wright & Fuller Limited

Respondent

Procedural Posture

Arbitration Appeal Under Section 69(1) Arbitration Act 1996 / Judgment on Appeal From Arbitration Award

Legal Issues

  1. 1 Whether the certificate issued on 29 March 1999 was validly issued in accordance with clause 30.8 of the contract conditions
  2. 2 Whether the certificate issued on 29 March 1999 is the final certificate for the purpose of clause 30.9 of the contract conditions

Ratio Decidendi

The certificate issued on 29 March 1999 was not the Final Certificate under clause 30.8 because it was issued out of time without fulfilling mandatory conditions precedent, including the completion of the adjustment process, issue of necessary certificates regarding delay and nominated sub-contractors, and proper consultation with the claimants. The certificate was ambiguous in form and intent, did not clearly express the architect's independent opinion, and failed to comply with the contractual requirements for a Final Certificate. The arbitrator erred in law by treating the time limits as wholly directory and by relying on extrinsic documents not properly incorporated. The appeal was...

Court Disposition

Appeal allowed; arbitration award varied

Orders

  • The certificate dated 29 March 1999 is not the Final Certificate under clause 30.8 and does not have conclusive effect under clause 30.9.
  • The answers to issues 1 and 2 in the arbitration are varied to negative the validity and conclusiveness of the certificate.