152 THE LAW AFFECTING ENGINEERS 



implied contract on the part of the defendants that the 

 removal of the staging shall not be unreasonably delayed. 

 That is the inference to be drawn from Roberts v. Bury 

 Harbour Commissioners, 1870, 5 C. P. 310. It was contended 

 that, if this be so, an action for damage caused by such 

 unreasonable delay would be a difference as to which the 

 decision of the engineer was conclusive. . . . We think 

 that such a dispute is not a difference concerning a thing 

 connected with the contract. When the parties contracted, 

 they never contemplated that the engineer would have to 

 decide any such dispute. The dispute is one arising from 

 a breach of an implied contract which is not part of or 

 necessarily connected with the contract under seal. In order 

 to bind a contractor to the certificate or decision of an architect 

 or engineer appointed by the party for whom the work is done, 

 there must be very conclusive language in the contract." As 

 to certificates and defects after completion, see Chap. XVI., 

 7, post. 



12. Effect of arbitration clause on certificate. The finality 

 of a certificate may, however, be affected by the arbitration 

 clause in the contract. This point has been decided in relation 

 to the form of contract sanctioned by the Royal Institute of 

 British Architects. 



In Robins v. Goddard, 1905, 1 K. B. 294, certain build- 

 ing works were to be carried out in accordance with the 

 directions of an architect, pursuant to a contract drawn in 

 accordance with the form sanctioned by the Royal Institute 

 of British Architects. The architect was empowered, by 

 Clause 16, to order the removal of materials not in his opinion 

 in accordance with the specification or his instructions, and 

 the re-execution of the work with proper materials. By Clause 

 17 the contractor was to make good certain defects appearing 

 after completion. By Clause 19, which provides for payment 

 by instalments, it was provided : " The architect shall issue 

 his certificate in accordance with this clause. No certificate 

 shall be considered conclusive evidence as to the sufficiency of 

 any work or materials to which it relates, nor shall it relieve 

 the contractor from his liability to make good all defects as 

 provided by this contract." By the arbitration clause in the 

 contract it was provided that : " In case any dispute shall 

 arise between the employer or the architect on his behalf and 



