ORC 31 July 1987 Emson had contracted with the development company Protea to erect a number of industrial units at Letchworth, A dispute arose as to whether or not certain foundation works involved a variation within condition 13 of the contract entitling Emson to additional payment. The architect refused to accept that a variation was involved. Emson produced a final account of 429,339,68 which was submitted to the quantity surveyors. In contrast, their final account figure was 381,691,26. Emson requested a meeting to discuss the difference and an agreement was reached that the date for issuing the final certificate be extended to allow time for a meeting. Despite the meeting, the dispute was not resolved and the architect issued the final certificate in the sum calculated by the quantity surveyors. Emson received the certificate on the same day that it was dated. No arbitration proceedings had been commenced before the certificate was issued and none were commenced within 14 days t