130 THE LAW AFFECTING ENGINEEES 



river. The corporation employed the plaintiff to excavate 

 and remove certain estimated quantities of earth down the 

 river at certain prices, the contract (not noticing the scouring 

 prices) providing only for extra work ordered by the engineer 

 of the corporation in writing. In consequence of the cleansing 

 process, which was continued while the plaintiff was engaged 

 in the work, the quantity of soil he had to remove was vastly 

 increased by great deposits of mud. The plaintiff applied 

 for and was refused any additional remuneration, and after 

 the work was completed, sued the corporation for compensation ; 

 but the case of the plaintiff as stated at the trial, did not show 

 that the method of cleansing adopted by the corporation 

 was unusual or unreasonable, and, on the contrary, it 

 appeared rather to be a proper mode of carrying out the 

 powers of the Act. It was held that as it did not appear that 

 the process was unlawful or wrongful, there was no cause of 

 action. 



It is with a view to indicating to the engineer how he 

 should act so as to keep himself within the law, that the 

 question of extras will be dealt with in the following pages. 

 (As to the effect of extras on time-conditions, see Chap. XIII. , 

 5, post.) 



2. Terms of the contract as to extras, The first thing an 

 engineer should do when called on to decide as to extras is 

 to look at the terms of the contract. Sometimes it defines 

 his duty very clearly. Thus it usually provides that the 

 contractor shall have no claim for extra payment beyond the 

 contract price in respect of any work done by him for the 

 employer, whether executed before or after the completion of 

 the contract, unless such payment is expressly ordered. The 

 duty of ordering payment is left to the engineer, the contract 

 providing that he is to grant a written order expressly stating 

 that the work is to be the subject of an extra charge, and 

 then only for the amount which the engineer in his final 

 certificate shall certify to be due to the contractor in respect 

 of such alterations and additions. The contract should also 

 provide that extras shall be executed subject to the same 

 conditions as the other work specified for, and that the prices 

 contained in the bill of quantities shall be applicable as far 

 as possible. A very complete " extra " clause will be found 

 in the Appendix, Form IIA., 01. 20. 



