CHAPTEK VI 



ENGINEERING CONTRACTS GENERALLY DEALT WITH 



1. Preliminary 



2. Necessity for writing 



3. Contract in more than one 

 document 



4 The parties 



5. Disabilities of parties 



6. Authority of persons con 

 tracting ... 



7. Stamp duty 



8. Form of contract 



9. Consideration 



10. Construction of a contract 



11. Whether parol evidence is 

 admissible in relation to 

 a written contract 



12. Cases in which parol evi- 

 dence has been admitted 

 to explain written con- 

 tracts 



13. How far a custom may be 

 implied ... 



14. Customs held to be valid... 



15. Customs and usages held 

 bad 



16. Implied terms in contracts 



17. What will not be implied 



18. Kectification of contracts 



19. Grave results of mistakes 



When relief will be granted 

 for mistake 76 



Completion of contract ... 76 



Failure to complete work 

 on a lump-sum contract 77 



Completion of a lump-sum 

 contract 77 



At what time the contract 

 price may be recovered ... 79 



Price where the contract is 

 severable ... 79 



Payment by instalments... 80 



What is whole or complete 

 work 80 



Deviations from the con- 

 tract and extras ... 81 



Impracticability of the 

 works 82 



New contract arising out 

 of an old contract ... 82 



Work superior to contract 83 



What conditions implied 

 as to workmanship ... 83 



Summary of the law as to 

 performance and comple- 

 tion of contract ... 84 



Words and phrases used 

 in contracts 85 



1. Preliminary. The performance of all engineering works 

 involves the making of a contract. It may be express or 

 implied. It may be made verbally or be reduced into writing, 

 or it may be partly verbal or partly written. It imposes duties 

 on the employer and the contractor, the violation of which 

 may lead to all kinds of unpleasant consequences. It is 

 manifest, therefore, that the utmost care should be exercised 

 in drawing the contract, especially if it involves the execution 

 of large works and the expenditure of much money. At the 

 outset of a negotiation everything may appear to be simple 



