The case of the final certificate

Article Abstract:

Architects should delete clause 30.9.1.1from a JCT 80 contract and replace it with specific wording to clarify what the final certificateactually confirms. Under clause 30.9.1.1, the final certificate ensures the standard ofworkmanship and materials quality are satisfactory to the architect in case of subsequentproceedings. The ruling from Crown Estate Commissioners v John Mowlem (1994) sets aprecedent that the certificate confirms the architect is implicitly or expressly satisfied with theworkmanship and materials and this satisfaction is part of the contract rather than an expressionof opinion.

Cases, Building law, Building codes, Standardized terms of contract

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The pitfalls of working to contract

Article Abstract:

Increasingly, architects are appointed under a formal contract and they should be aware of the importance of terms in contracts. The client has the advantage in dictating the terms, so architects should beware of being forced to give collateral warranties to other parties. They should also take care when negotiating contracts with employers who are also contractors as they may become liable for the contractors obligations. The Standard Form of Agreement, devised by the Royal Institute of British Architects is the best form of contract for architects.

Contracts

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The importance of being honest: it is vital for architects to keep an accurate record of a project, but even more vital to keep communication honest and straightforward throughout

Article Abstract:

It was likely that the only true record of a construction project would be maintained by the architect 10 years ago, but developments such as microfich conversion, document scanning and CD-Rom reduction mean that anyone connected with a project could have a comprehensive record of it. Privileges over certain documents may be claimed, such as communications between a party and their solicitor, therefore the architect should ensure that documentation is preserved.

Architectural services, Records and correspondence

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