TABLE OF CONTENTS xv 



CHAPTER XVI 



MAINTENANCE AND DEFECT CLAUSES 



PAGE 



1. Preliminary 173 



2. Forms of maintenance clause ... ... 174 



3. Example of the effect of a maintenance clause 175 



4. Maintenance of work not properly supervised ... ... ... ... 176 



5. Time for bringing action for failing to maintain ... 177 



6. Liability under a clause to rectify defects 177 



7. Defects after completion where there is no defect clause ... ... 178 



8. Form of defect clause 179 



9. Effect of clause on defects appearing after the stated period 179 



10. Distinction between maintenance and defects clause... ... ... 180 



11. Liability under a repairing clause ... ... ... 180 



12. Contractor entitled to notice of want of repair ... ... ... 181 



13. Form of repairing clause ... ... ... ... ... 182 



14. When there is no defect or maintenance clause 182 



15. Claim for defects not barred by payment of or judgment for the 



contract price ... ... ... ... ... ... ... ... 183 



16. Effect of payments with knowledge of defects 184 



17. Where employer has approved the work ... ... ... ... 184 



CHAPTER XVII 



SUB-CONTRACTORS AND SUB-CONTRACTING 



1. Preliminary 185 



2. Right of contractor to employ sub-contractors ... 186 



3. Whether engineer has power to employ sub-contractors 186 



4. Clauses to prevent or regulate sub-contracting ... ... ... 187 



5. Liability of employer to sub-contractor... ... ... 187 



6. Rights of sub-contractor against head contractor 188 



7. Remuneration of sub-contractor ... ... 188 



8. Rights of sub- contractor where head contractor becomes insolvent... 189 



9. Liability of employer for delay of sub-contractor 190 



10. Sub-contractor's liability for delay ... ... 191 



11. Negligence of sub-contractor ... ... ... ... 192 



12. Accidents to sub-contractor's workmen ... ... ... 193 



CHAPTER XVIII 



THE ENGINEER'S ASSISTANT 



1. Generally 196 



2. Whether the contract gives any powers to an assistant 196 



3. Responsibility of engineer for acts of assistant 197 



4. Entire work of supervision not to be delegated ... ... ... 197 



5. Checking of materials on the site 198 



6. Duties of the engineer's assistant ... ... ... 198 



