Two days after the final certificate was issued, the estate manager writes to the Architect to tell him about a serious crack in an external wall which appeared after an unusual - for the time of year - and a particularly heavy frost. The estate manager spotted it before the issue of the final certificate but the letter was not sent until after the certificate was issued. When the Architect brought this crack to the Contractor’s attention he refused to make good the crack, unless he was paid.

Advise on the contractual position?"

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