The final certificate: How final is it?

In response to this, the trustees applied for a declaration that OD Developments was prevented from adjudicating as it had failed to do so within the 28-day time limit and that, as far as adjudication was concerned, the final certificate was conclusive evidence.JCT clause 1.9 In considering this app...

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Veröffentlicht in:Construction News 2015-03
1. Verfasser: Mohamed, Theresa
Format: Artikel
Sprache:eng
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Zusammenfassung:In response to this, the trustees applied for a declaration that OD Developments was prevented from adjudicating as it had failed to do so within the 28-day time limit and that, as far as adjudication was concerned, the final certificate was conclusive evidence.JCT clause 1.9 In considering this application, Justice Coulson reviewed clause 1.9 of the JCT Standard Building Contract as amended, which said: "1.9.1 Except as provided in clauses 1.9.2, 1.9.3 and 1.9.4...the Final Certificate shall have effect in any proceedings under or arising out of or in connection with this Contract (whether by adjudication, arbitration or legal proceedings) as ".1 (deleted) ".2 conclusive evidence that any necessary effect has been given to all the terms of this Contract which require that an amount be added to or deducted from the Contract Sum or that an adjustment be made to the Contract Sum, save where there has been any accidental inclusion or exclusion of any work, materials, goods or figure in any computation or any arithmetical error in any computation, in which event the Final Certificate shall have effect as conclusive evidence as to all other computations.
ISSN:0010-6860