The Mayor and Burgesses of the Royal Borough of Kingston upon Thames v AMEC Civil Engineering Limited
Citation: 35 Con LR 39; (1994) 10 Const LJ 225
Nature of case:
The appellant Council in this arbitration appeal employed the respondent contractor to carry out the construction of a relief road under the ICE conditions (5th edition). Subsequent to sums awarded, the contractor claimed interest on those sums under clause 60(6) ICE as damages under s. 19A of the Arbitration Act 1950. The arbitrator allowed the claim under ICE on the basis that there had been a failure to certify by the engineer. The court held that if the engineer represented his reasonable opinion reached in accordance with the contractual terms, he cannot be considered to have failed in his duty to have issued a certificate. The contractor is not entitled to interest merely because the arbitrator had revised the engineer’s interim certificate upwards.
