Colbart v Kumar: the final certificate

Article Abstract:

The case of Colbart v Kumar has implications for architects as it expends the liability for quality of workmanship, materials and defects once the architect has issued a final certificate. The contracts affected are the IFC '84 and JCT 80 which both have wording that the judge described as unclear. Architects should be cautious about issuing final certificates unless they are fully satisfied about quality but this is an unsatisfactory state of affairs and returns architects to the situation of uncertainty that was supposed to have been rectified in the 1976 amendment of the JCT form.

Construction industry, Contracts, Liability for building accidents

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Legal round-up: contracts

Article Abstract:

A number of legal cases involving contracts raise useful points. One case highlights the need for an architect to know with whom he is in contract. It is important to comply fully with any supervisory requirements. It must be stated if the arbitration clause in a standard contract is to be incorporated. Other cases deal with damage limitation, technical terms and defective premises.

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Legal update

Article Abstract:

A defence is necessary in arbitration cases and lawsuits involving architects. An architect can be sued in contract or in tort by a client. However, this is not possible if the contract precludes lawsuits. Architects should obtain arbitration awards as soon as possible, so that they have most time to appeal.

Practice, Actions and defenses, Litigation

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