An examination of the liability of the independent certifier who gets it wrong

  • Michelle Backstrom QUT
  • Jennifer Yule QUT

Abstract

Construction contracts often provide that decisions under the contract will be made by a certifier. This paper reviews the liability issues when a certifier makes a mistake. We do that in light of recent pronouncements by the High Court of Australia and the New South Wales Court of Appeal on negligence. We look at this question in the context of traditional construction contract arrangements and also consider the implications for Public Private Partnerships and the typical contract arrangements entered into to facilitate these transactions.

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Published
Dec 17, 2013
How to Cite
BACKSTROM, Michelle; YULE, Jennifer. An examination of the liability of the independent certifier who gets it wrong. QUT Law Review, [S.l.], v. 13, n. 1, dec. 2013. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/516>. Date accessed: 20 apr. 2019. doi: https://doi.org/10.5204/qutlr.v13i1.516.
Section
Articles - General Issue

Keywords

construction contracts; liability of certifiers; public private partnerships
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