Extra-Contractual Recoveries: Disqualification

I am now not a million miles from completing my book Extra-Contractual Recoveries for Construction & Engineering Work. It has been a long time in preparation. Its purpose is to consider all of the available routes, not expressly spelled out in a construction contract, by which a contractor can get paid for its work.

One of the things that has been apparent is that there are really quite a few legal principles on which there is relatively little, if any, authority or modern authority, and I propose in the coming weeks to post about some of these on these pages, partly because they are points of interest, and partly to enquire as to whether anyone has spotted any decisions on point that I might have missed.

Today, the topic is the disqualification of certifiers. All the textbooks in construction law deal with this. There are a number of cases which demonstrate that architects, engineers or other certifiers under construction contracts might be disqualified on various grounds. But I have been unable to find any case in the last hundred years where there has been such a finding.

My draft text on this topic is as follows. Feel free to comment, either by email to me or below. Continue reading