There was no debt arising under a building contract which could be the subject of a garnishee order where there was no ’cause of action’ and no debt until an architect’s certificate had been issued.
Lord Goddard CJ said: ‘. . until the architect has given a certificate, the builder has no right to receive any sum of money from his employer by what I may call a drawing on account. He must get a certificate from the architect . . until the contractor can produce to the building owner a certificate he cannot receive anything.’
Judges:
Lord Goddard, CJ, Havers, J
Citations:
[1957] 1 WLR 1102
Jurisdiction:
England and Wales
Cited by:
Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Lists of cited by and citing cases may be incomplete.
Construction, Litigation Practice
Updated: 01 October 2022; Ref: scu.646123