CA 15 December 1988. An appeal by contractors (C) from an order of the official referee, striking out their statement of claim against the engineers. C had successfully tendered for dredging and reclamation work in Dubai, in the knowledge that the work would be supervised by an engineer retained by the employer, the ruler of Dubai. The contract between employer and C provided that C would only be paid sums on account of the contract price when they were certified by the engineer. The dredging and reclamation work proved to be both more difficult and expensive than expected - C contending that the engineers had given them inaccurate information at the tender stage, and therefore the tender price on which the contract was based was too low. C claimed £45m damages against the engineers, alleging they were negligent and in breach of duty to act fairly and impartially in administering the contract by its continual failure to certify, and its final rejection of C`s claims. It was held in