CHAPTER VII 



OLD MATERIALS ON THE SITE 



PAGE 



1. Preliminary 89 



2. Duty to clear away old 



materials ... ... ... 89 



3. Forms of clause relating to 



old materials 90 



4. Property in old materials ... 90 



5. Use of old materials in 



executing the works ... 91 



6. Form of clause providing for 



the use of old materials... 91 



7. Clause to prevent the re- 

 moval of materials 92 



1. Preliminary. In his haste to secure the erection of new 

 buildings or works, the employer is sometimes liable to forget 

 to provide for the disposal of materials, etc., which are already 

 there. The contractor knows less than the employer of what 

 is on the site, and may well imagine that so long as he clears 

 the site sufficiently to erect the new buildings, his duty will 

 have been performed. 



There are certain matters relating to old materials which 

 should be provided for in every contract for works. In the 

 first place, the obligation of the contractor to clear them away 

 should be clearly defined ; in the second place, the employer 

 should state how far they may be used for the purposes of the 

 new works ; and whether the contractor is to be entitled to take 

 away any part of them ; and if so, upon what terms. 



The importance (to the employer) of some clause dealing 

 with old materials lies in the fact that if nothing is said about 

 them, the contractor may remove them. Having removed 

 them he may sell them. In that case, if he were to become 

 bankrupt, the employer could not get the goods back, but 

 would be relegated to his right of proving for their value in 

 the contractor's bankruptcy. In these circumstances the 

 engineer should be careful to secure the insertion of an old 

 materials clause in the contract by which his employer is to 

 become bound. 



2. Duty to clear away old materials. Where the contract 

 for erecting a building, or executing other works makes no 



