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Definitive deference: How courts treat consultants’ decisions

Tuesday, May 22, 2018 @ 8:55 AM | By Catriona Otto-Johnston and Andrew Dominy

The consultant’s role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete for interim or final payment, rejecting work which fails to conform to the contract and determining deductions for any defective work. The consultant must be impartial in fulfilling its duties, including its decisions as to entitlement as between the owner and the contractor. This can be particularly difficult where either the owner or the contractor disagrees with the findings.

Where a dispute arises between the...