64 THE LAW AFFECTING ENGINEEES 



and straightforward : it is only when the contractor has 

 embarked upon his undertaking that difficulties begin to 

 manifest themselves. To foresee and provide for those 

 difficulties is the duty of the person who is called upon to 

 prepare the contract. In carrying out this duty he will (if 

 he is wise) consult a lawyer. If the employer, or an engineer 

 acting for the employer, endeavours to put together a satis- 

 factory contract, he cannot, in the nature of things, bring to 

 bear upon his task the skill of a lawyer, whose training 

 endows him with the faculty of looking at both sides of the 

 question and foreseeing difficulties. He will tend, moreover, 

 to adhere too closely to the forms and precedents which are 

 generally made use of in preparing contracts of this kind. 

 Common forms of contract are not, however, to be despised. 

 They may suggest a number of provisions which appear to be 

 useless, and which do not always occur to the mind of the 

 most skilful conveyancer ; but, on the other hand, it is often 

 dangerous to adhere too closely to a mere form without 

 making allowance for the peculiar difficulties attending the 

 work under execution. 



It is proposed to give in the present chapter an outline of 

 the law as it affects contracts for engineering works. The 

 various points which require further elucidation will be 

 considered in subsequent chapters. 



2. Necessity for writing. Although certain contracts for 

 the sale of goods must be put into writing, an engineering 

 contract, being generally an agreement for work and labour, 

 need not; generally be written. For instance, where a man 

 contracted to build a steam-engine of 109 h.p. for a 

 colliery, to be completed and fixed for 2,500. The engine 

 was forwarded in parts and put together at the colliery. It 

 was held that this was a contract for work and labour and 

 material used, and need not be in writing (Clark v. 

 Bulmer, 1843, 11 M. & W. 243). A contract for the mere 

 sale of goods of the value of W or upwards is not, however, 

 enforceable by action unless the buyer shall accept part of 

 the goods so sold and actually received the same, or give 

 something in earnest to bind the contract or in part payment, 

 or unless some note or memorandum in writing of the con- 

 tract be made and signed by the party to be charged or his 

 agent in that behalf (Sale of Goods Act, 1893, s. 4). It 



