96 THE LAW AFFECTING ENGINEEKS 



execution and completion of the works in accordance with the 

 drawings, specifications, conditions, and schedule or bills of 

 quantities, and all such work as may be reasonably inferred 

 to be included therein. An undertaking on the part of the 

 contractor to abide in all respects by the drawings, etc., and 

 by the instructions of the employer's engineer, may also be 

 included. The form should also contain an undertaking by 

 the contractor, in case his tender is accepted, to execute 

 a contract within a specified time, and to provide sureties to 

 be approved by the employers to secure the due and proper 

 completion of the whole of the works. For greater security 

 some employers insist on a further clause, to the effect that 

 if a contract is not duly executed and the sureties found 

 within the time specified, they will not be bound by the 

 tender. An undertaking to abide by the rate written after 

 each item in the schedule of quantities is sometimes required. 



7. Simple form of tender. Persons who are inviting 

 tenders usually prescribe a form to be used by the con- 

 tractors who tender. Where no form is specially authorised, 

 the following will be found convenient : 



SIR (SIRS OB GENTLEMEN), 



I (or we) estimate the cost of the work (or works) proposed to be done 

 at according to plans and specifications inspected by me (or us), and 



under the supervision and to the satisfaction of the engineer, for the 

 sum of (here state the amount in words). 



Yours obediently, 

 Signed 



(For the form of tender recommended by the Institution of 

 Electrical Engineers, see Form IIB., post.) 



8. Necessity for care in preparing a tender. Great care 

 should be taken in preparing the terms and figures inserted 

 in a tender. As illustrating the importance of attending to 

 the terms, the case of Dartford Guardians v. Trickctt (1889, 

 59 L. T. 754) may be mentioned. There a contractor made 

 a tender for a supply of granite at a certain price, the tender 

 containing the words, "weather and other circumstances per- 

 mitting." The guardians, to whom he made the tender, 

 disapproved of the words in italics and caused them to be 

 struck out, the contractor being duly informed of the fact. 

 Upon his raising no objection the contract was sealed. Delays 



