ENGINEERING CONTRACTS DEALT WITH 85 



been done by the contractor as on a quantum meruit (Lysayht 

 v. Pearson, Emden's Building Contracts, 4th Ed., p. 121). 



(i) While the acceptance of work partly performed may 

 sometimes imply an undertaking on the part of an employer 

 to pay for it in the case of a contract which is not and need 

 not be under seal, there can be no such implication in the 

 case of a contract with a local authority, which must be under 

 seal (Lamprdl v. Billericay Union, 1849, 3 Ex. 283). 



(j) When a contractor has partly performed his contract, 

 and then refuses to go on, it is probable that the employer 

 must pay for any materials delivered by the contractor on 

 the site as distinguished from materials which have become 

 fixed into the work (see Stegman v. O'Connor, 1900, 80 L. T. 

 234). 



(k) Where the contract work (to be paid for by a fixed sum 

 on completion) is destroyed by accident (e.y. by fire) before 

 completion, and the employer is not at fault, the contractor 

 must do the work over again, and cannot recover anything for 

 the part already done. 



(1) Where, however, the contract is to do certain works 

 and provide materials and workmanship, for which payment 

 is to be made from time to time as the work proceeds, and an 

 accident occurs which prevents completion, a claim in respect 

 of the completed part is valid although the whole work has 

 been rendered useless to the employer (Chandler v. Webster, 

 1904, 1 K. B. 493). 



34. Words and phrases used in contracts. " Adjoining." 

 This phrase, when used in relation to buildings, does not 

 necessarily mean physically touching (Ind, Coope and Co. v. 

 Hamblin, 1900, 81 L. T. 779). 



"Best." This phrase is often used with reference to 

 materials. In one American case (Mclntire v. Barnes, 

 1879, 4 Col. 285) the phrase "best lumber" was held to 

 mean the best lumber to be found at a particular place. 

 " Bill of quantities "(See Chap. IX., 1, post.) 

 11 Brick-built." A house described as brick-built is under- 

 stood to be brick-built in the ordinary sense of the word ; 

 not composed externally partly of brick and partly of timber, 

 and lath and plaster (Powell v. Doublle, Sug. V. & P. 29). 

 " Complete installation." (See Chap. XIX., 3.) 

 " Completion " (of a work). Where work on a building is to 



