Is a determination made by the engineer in charge of a construction contract final?
Ontario, Canada
The following excerpt is from Temiskaming and Northern Ontario Railway Commission v. Wallace, 1906 CanLII 19 (ON CA):
In Murray v. The Queen, supra, at p. 214, it was held that where in the course of the performance of a large work under a contract, certain specified extra work had been classified and a price fixed and the money paid, such a determination is final—and in the absence of fraud cannot be reviewed by the engineer who made it or by his successor.
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