CHAPTEK II 



THE FEES OF AN ENGINEER 



1. Implied contract to pay 



fees 9 



2. Various methods of provid- 

 ing for remuneration ... 9 



3. The American practice ... 10 



4. Who is liable for the engi- 

 neer's fees 10 



5. Where remuneration de- 

 pends on a contingency... 11 



6. Amount of remuneration . . . 



7. Fees when the employer 

 fails to continue the em- 

 ployment ... 



8. When fees may be recovered 



9. When fees may be recovered 

 back 



PAGE 



12 



1. Implied contract to pay fees. The mere fact that a 

 professional man is employed implies an agreement to pay 

 him reasonable remuneration (Manson v. Baillie, 1855, 2 Mac. 

 H. L. Ca. 80). If it is agreed that the employer is to settle 

 the amount of remuneration, the Court will not allow the 

 employer to act unreasonably, but will leave it to a jury to say 

 what is reasonable remuneration (Bryant v. Flight, 1839, 5 

 M. & W. 114). Where, for instance, the plaintiff was employed 

 by a public board on the terms that he should receive what- 

 ever "recompense the board might allow as right and proper/' 

 it was held that an action lay to recover a reasonable 

 recompense, although the board had tendered what they 

 considered right and proper (Bird v. McGaheg, 1849, 2 C. & K. 

 707). (As to what is reasonable recompense, see further, 6, 

 post). 



2. Various methods of providing for remuneration. One 

 method of providing for an engineer's fees is to insert a clause 

 that he shall be entitled to a fixed sum, of which one third 

 shall be paid to him on the execution of the contract, one 

 third when half the contract price has been paid to the 

 contractor, and the remainder when the last payment has 

 been made to the contractor. The advantage of such an 

 arrangement lies in this : that if for any reason the works are 

 not completed, the engineer is not altogether left in the lurch. 



