ENGINEERING CONTKACTS DEALT WITH 75 



the employer will do nothing to delay the contractor's access 

 to the site ; that access to the whole site will be given within 

 a reasonable time, and that, if the contractor is to work to 

 plans, those plans will be delivered to him within a reasonable 

 time. (See Me Alpine v. Lanarkshire, etc. Railway, 1889, 17 

 Ct. of Sess. Gas. (4th Ser.) 113 ; see further as to delay in 

 supplying plans, Chap. XL, 13, post.) 



17. What will not be implied. Without going closely into 

 the cases it may be stated that a contract between the 

 employer and a sub-contractor will not be implied (see 

 Chap. XVII. , 5, post). Further, where one contract is 

 abandoned, and the work in question is done upon the terms 

 of a general contract, the special terms of the first contract 

 will not be implied. 



18. Rectification of contracts. In spite of the utmost care 

 in drawing contracts, mistakes will creep in. In some cases 

 the mistake benefits the employer, in others the contractor ; 

 and it may be taken for granted that each will try to avoid 

 the mistake if possible. But he may not be able to do so. 

 Where a contract has by reason of a mistake common to the 

 contracting parties been drawn up to an effect militating 

 against the intentions of both, the Court will rectify the 

 contract so as to carry out such intentions. It is essential, 

 however, that the extent of the mistake should be clearly 

 ascertained and defined by evidence contemporaneous with or 

 anterior to the contract. As a general rule, in order to secure 

 the intervention of the Court, the mistake must be one of fact, 

 not law (see Chitty on Contracts, 14th Ed., p. 727). 



It is important to notice that in order to get relief on the 

 ground of a mistake, the party must show that there was " an 

 actual concluded contract antecedent to the instrument which 

 is sought to be rectified." The mere fact that an error has 

 slipped in will not suffice. 



19. Grave results of mistakes. In a case quoted by 

 Mr. Hudson (Building Contracts, Vol. L, p. 206) a contractor 

 agreed to construct (inter alia) certain sewerage works. In 

 the schedule of prices he quoted 18 per cwt. for cast-iron 

 pipes. The correct price should have been 18s. or less ! The 



