Civil Engineering Reference
In-Depth Information
of any part of the works (etc.) shall be final and without appeal'. The surveyor duly gave
his final certificate and Page alleged that it 'was not honestly made or given in the
exercise of, or in reliance upon, his own judgment, but was made and given by reason
of the interference of, and in obedience to, the directions and orders of the council.'
The council had, in fact, instructed their surveyor not to apply day-work rates for part
of the works but that he was to use estimated quantities and apply a measured rate.
Held:
This amounted to interference with the surveyor's functions. Accordingly, the final
certificate was not conclusive and binding on the contractor.
