Cases - London Borough of Camden v Thomas McInerney & Sons Ltd

Record details

Name

London Borough of Camden v Thomas McInerney & Sons Ltd

Date

(1986)

Citation

9 Con LR 99

Keywords

Final certificate - final certificate never sent - defects discovered - issuing certificates integral part of validity

Summary

McInerney constructed a large number of dwellings for Camden pursuant to a JCT 63 Standard Form of Contract. At the end of the works, a final account was taken and certificates, both interim and final, were drawn up on the basis of this account. Although the completed certificates were signed, they were never detached and sent to the parties. After defects were discovered, an issue arose as to the status of these certificates.

The court held that the issuing of certificates was, under this contract, an integral part of their validity. The mere signature of the architect was insufficient - for the certificate to be valid it was necessary for it to have been issued.