xiv TABLE OF CONTENTS 



CHAPTER XIII 



TIME 



PAGE 



1. Generally 137 



2. Meaning of the terms u directly," " after " a given date, etc. ... 137 



3. Simple form of time clause 138 



4. Where the contract does not prescribe a particular time 138 



5. Effect of extras on time conditions 139 



6. Extension of time by engineer ... 140 



7. Result of failure to observe the time conditions ... 141 



CHAPTER XIV 



CERTIFICATES AND PAYMENT 



1. Generally 142 



2. Necessity for writing 143 



3. "Progress" certificates ... ... 143 



4. Form of progress certificate 144 



5. " Final " certificate 145 



6. Must the engineer give reasons ? 146 



7. What amounts to a certificate ... ... 147 



8. Whether a certificate is an award 147 



9. Powers of the engineer limited by the contract ... 148 



10. No action for negligence in granting a certificate - 149 



11. Finality of certificate 151 



12. Effect of arbitration clause on certificate 152 



13. Effect of certificate according to electrical engineers' conditions ... 154 



14. Fraud and collusion ... 164 



15. Bias of engineer ... ... ... 155 



16. Certificate, condition precedent to payment 157 



17. Payment contingent on quality of work ... 157 



18. Certificates and extras 158 



CHAPTER XV 



PENALTIES AND BONUSES 



1. Generally 160 



2. Legal effect of the penalty clause 161 



3. Penalty or liquidated damages ... 162 



4. Danger of imposing too large a penalty 162 



5. Principles deduced from the cases ... 163 



6. The framing of the penalty clause 163 



7. Severity of the penalty clause 164 



8. Interference by employer 166 



9. Delay in commencing work 167 



10. Effect of a strike and advantage of strike clause 167 



11. Employer not to decide as to penalties 168 



12. Powers and duties of the engineer ... ... 168 



13. Terms of the contract as to extension of time to be observed ... 170 



14. Penalties in contracts with local authorities 171 



15. Bonus clauses 171 



