10 THE LAW AFFECTING ENGINEERS 



Many contracts, however, make special provision for the 

 engineer's fees in case of failure to complete. Thus it is often 

 well to provide that if, after working drawings have been made, 

 the employer does not complete the contract, the engineer shall 

 be entitled to a fixed sum to be agreed beforehand, and that 

 the plans, etc., shall belong to the employer. (See, e.g., 

 Form III., Cl. 9, post.) Provision for the engineer in case of 

 the works being partially completed may be made by inserting 

 a clause to the effect that, if the employer proceeds only with 

 a part of the works, the engineer shall be entitled to a 

 proportionate part of the specified remuneration, in addition 

 to a proportional part of the amount due in respect of plans. 

 Inasmuch as extras and alterations often create more work 

 for the engineer, it is generally well to provide that he shall 

 be entitled to such remuneration in respect thereof as may be 

 fixed by arbitration. It is well to make it clear in the agree- 

 ment whether the engineer is or is not to be entitled to his 

 travelling expenses in addition to the specified percentage fee. 



3. The American practice. It is the practice of some 

 American engineers (see Specifications and Contracts, by 

 J. A. L. Waddell, C.E., etc. (1908), p. 72) to make arrange- 

 ments for the payment of fees on account. Thus it is some- 

 times the practice to ask for one half of the fee upon the 

 completion of the plans and specifications and the other half 

 in monthly payments proportionate to the amount of contract 

 work done on the construction. Under this system, by the 

 time the construction is finished the fees are paid in full. 

 American engineers also take care to provide that they shall 

 be compensated properly for all extra expense to them which 

 may be due to failure on the part of the contractor to complete 

 the work within the specified time. (See, further, 8, post.} 



4. Who is liable for the engineer's fees. Whenever the 

 engineer is the servant of the person employing the contractor, 

 he must in general look to the employer for his fees. Just as 

 he may be held liable for negligence in the performance of his 

 duties which occasions injury to the employer (see Chap. V., 

 5 etseq.), so he is entitled to hold the employer liable for his 

 fees. And when an engineer is specially employed to measure 

 up for extras and deviations, it is conceived that he must look 

 to the employer for extra remuneration. In a building case 



