Definitive Deference: How Courts Treat Consultants' Decisions

(May 22, 2018, 8:55 AM EDT) -- 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 parties to a construction contract due to the determinations of the consultant, it is important to understand the deference the court will accord to the consultant's decision. In such circumstances, ASC (AB) Facility Inc. v. Man-Shield (Alta.) Construction 2018 ABQB 130 (Man-Shield Construction) is instructive.