A court can only deal with something unlawful. But the arbitrator is also empowered to deal with mere opinions - the sort that arise from provisional assessments. In practical terms, the architect's certificate can be reassessed forthwith by an arbitrator. This arbitrator will trump the mere opinion of the architect and modify the certificate. Of course, if a dispute arises at the end of the day about, say, the final account, extensions of time or value of variations, the answer is found by establishing the rights of the parties under the contract.
Arbitration is still ahead of the game.
This web site is designed and maintained by A. W. Bingham, 1998. All rights reserved.