It was an architect who was at the centre of the House of Lords case that, over 30 years ago, laid down the fine line that must be walked by anyone who certifies building work.
In the words of one of the judges, Lord Reid, the certifier "must act independently and [is] in quite a different position from one acting as an agent or employee. At an earlier stage an architect’s primary duty is to the employer but, being a professional man, he must act fairly towards the contractor. If one employed two different people, one to supervise and the other to certify, it would be at once apparent that the latter would be in the position of a true arbitrator."
Since then, the reality has been that the certifier will often have to balance the two roles. Indeed, among certain matters the employer and the contractor are deemed to be aware of when entering into a building contract is the fact that the certifier is paid by the employer, must heed the employer’s instructions and interests when
