CHAPTER XIV 



CERTIFICATES AND PAYMENT 



1. Generally 



2. Necessity for writing ... 



3. " Progress " certificates ... 



4. Form of progress certificate 



5. " Final " certificate ... 



6. Must the engineer give 



reasons?... ... ... 



7. What amounts to a certifi- 



cate 



8. Whether a certificate is an 



award 



9. Powers of the engineer 



limited by the contract 



10. No action for negligence in 



granting a certificate ... 



PAGE 



Finality of certificate .. 151 

 Effect of arbitration clause 



on certificate 152 



Effect of certificate accord- 

 ing to electrical engi- 

 neer's conditions ... 154 

 Fraud and collusion ... 154 



Bias of engineer 155 



Certificate condition pre- 

 cedent to payment ... 157 

 Payment contingent on 



quality of work 157 



Certificates and extras ... 158 



1. Generally. One of the chief duties to be performed by 

 an engineer in relation to a contract for large works, is to 

 supervise the contractor. The employer may have little tech- 

 nical knowledge : while he may have a clear notion of what 

 he wants, he may be a poor judge of machinery and workman- 

 ship. Again, he may be unfamiliar with the methods of 

 contractors, and be wholly inexperienced in dealing with them. 

 For his greater protection he employs an engineer generally 

 the engineer who has drawn up the specifications, and who 

 knows exactly what is wanted. It is obvious that the engineer 

 is the best person to examine and criticise the work and 

 materials. If necessary he can reject that which is unsuitable. 

 He can be on hand when the work is going forward in order 

 to see that hidden parts are not scamped. He can best decide 

 whether any extras or deviations should be allowed for. Last, 

 but not least, he is the best person to decide, subject to the 

 terms of the contract, how the contractor shall be paid, and 

 whether he is keeping up to time, having regard to all the 

 unforeseen difficulties which arise in the execution of works of 

 any magnitude. It is proposed in the present chapter to 

 consider the legal effect of the certificate by means of which 



