Court ruling holds up final certificates

Architects are being advised not to issue contractors with a final completion certificate following a controversial decision by the Court of Appeal. The ruling in Crown Estate Commissioners v John Mowlem & Co has also sent the JCT scurrying back to the drawing board to redraft parts of JCT 80.

The case concerned work carried out on the Kensington Palace Barracks. The decision effectively says that when an architect issues a final completion he signals that he is not only generally happy with the contractor's work, but that he is happy the contractor's work meets the far more stringent requirements of British Standards and fitness for purpose.

'There are serious doubts about the correctness and wisdom of this decision,' said Craig Shuttleworth of solicitor Gouldens. 'Architects will become more reluctant to issue final certificates. It will be almost impossible in cases where they know of problems, however small.'

RIBA president-elect Owen Luder said: 'The JCT are sorting it out. The advice to architects in the meantime is to avoid, if they possibly can, issuing a final certificate.'