54 THE LAW AFFECTING ENGINEEES 



may protect his client. Within the metropolitan area, for 

 instance, the provisions of the London Building Act may have 

 to be observed. 



6. Negligence in supervising. The results of negligence in 

 supervising were illustrated in the case of Jameson v. Simon, 

 1889, 1 F. 1211. There the defendant, an architect, was 

 employed in the usual way in connection with a building of a 

 house, in part of which there was to be a cement floor. The 

 foundations for this floor were made of improper materials, 

 with the result that dry-rot broke out in the woodwork after 

 the house was completed. The building-owner sued the 

 architect for negligence and for passing, as sound, work which 

 was really unsound. It was held that the architect was liable 

 as he had failed to exercise proper supervision, and that it is 

 the duty of an architect to give such supervision as will 

 reasonably enable him to certify that the work of the con- 

 tractors is according to contract. The duty of an architect 

 was thus declared by the Lord Justice Clerk : " He, or 

 some one representing him, should undoubtedly see to the 

 principal parts of the work before they are hid from view, and 

 if need be, I think he should require a contractor to give notice 

 before an operation is to be done which will prevent his so 

 inspecting an important part of the work as to be able to give 

 his certificate upon knowledge, and not on assumption, as to 

 how work hidden from view had been done " (see this case 

 further considered, Chap. XVIII., 4, post.) Every contract 

 for works should contain a clause providing that the engineer 

 may order work which has been closed up to be re-opened. 

 (See, e.g., Form L, 01. 14 (b), post.) 



7. Negligence in preparing plans, estimates, etc. There are 

 cases which appear to establish that an engineer may be held 

 liable for negligence in preparing an estimate of the price of 

 work done. He must exercise reasonable care, and may be 

 held responsible if he relies on erroneous calculations. 



In the case of an architect, in order to ascertain what is 

 reasonable care, it must be remembered that if the architect's 

 estimate is made before working drawings and specifications 

 are prepared, he has but sketch-plans and a rough description 

 of materials to estimate upon, for it is to avoid the expense of 

 preparing working plans and specifications that the building- 



