The interrelationship between financial caps and payment notices in construction contracts

Introduction The construction industry continues to grapple with commercial protections, such as financial caps on an employer’s liability, and procedural payment mechanisms. This article examines the legal and practical challenges that arise when these seemingly incompatible contractual provisions collide, particularly in the context of letters of intent and interim payment…

Comments Off on The interrelationship between financial caps and payment notices in construction contracts

Contract administrator liability and certification standards

Introduction This article examines some key issues encountered in a recent adjudication concerning alleged over-certification by an architect acting as a contract administrator, and the standard of care expected in this role. Standard of care The House of Lords in Sutcliffe v Thackrah [1974] AC 727 established that architects and…

Comments Off on Contract administrator liability and certification standards