80 THE LAW AFFECTING ENGINEEES 



the subsidy which was deemed by the parties to attach thereto. 

 Thereafter the contract was broken by the company, and the 

 Government refused further payments. It was held that, on 

 the true construction of the contract, (a) each claim to a grant 

 of land was complete from the time when the section which 

 earned it was complete ; (b) on the completion of each section 

 a proportionate part of the subsidy became payable for the 

 specified term, but subject to the condition of continuous 

 efficient operation. 



26. Payment by instalments. In contracts for large works 

 it would be difficult, if not impossible, for the contractor to 

 provide all the capital with which to carry through the work 

 from the start. Provision is therefore made for payment by 

 instalments either (i.) at certain stages of the work ; (ii.) by 

 payments of certain fixed sums as they become due ; or (iii.) 

 by payment by a percentage at certain periods. Thus, to 

 illustrate the latter case, it might be arranged that at the end 

 of the first three months the contractor should be entitled to 

 75 per cent, in value of the work actually done. (As to pay- 

 ment on certificates, see Chap. XIV., post. For the terms of 

 payment recommended by the Institute of Electrical Engineers, 

 see Form IIA., 01. 34, post.) 



27. What is a whole or completed work. While a contractor 

 is bound to conform to the specification, he cannot rely on 

 that document in order to excuse himself from doing some- 

 thing which is essential to the completed work. For instance, 

 in Williams v. Fitzmaurice, 1858, 3 H. & N. 844, the plaintiff 

 agreed to build a house for the defendant, who prepared a 

 specification which contained particulars of the different por- 

 tions of the work. Under the head " Carpenter and Joiner " 

 there were specified the scantling of the joists of the different 

 floors, the rafters, ridge and wall pieces, but no mention was 

 made of the flooring. The specification stated that " the whole 

 of the materials mentioned or otherwise in the foregoing par- 

 ticulars, necessary for the completion of the work, must be 

 provided by the contractor." The specification also contained 

 a memorandum to the effect that : " The house is to be com- 

 pleted and fit for the defendant's occupation by the 1st 

 August, 1858." The plaintiff prepared the flooring-boards, 

 brought them to the premises and planed and fitted them to 



