Lowther v Swan & Co [1915] ZATPD 85 (2 November 1915)

Work and labour-Building contract -Architect' s certificate Satisfaction of architect -Final certificate.

In terms of a building contract the work had to be performed to the satisfaction, of the architect, and a certain percentage of the contract price was only to be, paid to the contractor " two months after the date of the certificate of fina) completion, when the architect shall have certified that the works are completed in terms of the contract and to his satisfaction and that the roofs have been proved watertight." The architect gave a certificate as follows :-" Final instalment. Certificate. I hereby certify. that the sum of .£16 13s. 9d. is due to G. Swan & Co. on account of work executed and materials supplied.'' Held, on appeal, that the certificate was a final certificate in terms of the contract and implied that the work had been done to his satisfaction.