EXTEAS AND ALTEKATIONS 131 



It often happens that when proceeding with the work 

 something occurs to increase the burden which may have 

 to be placed upon the employer. In order that the engineer 

 shall be kept informed of any such additional expense, it is 

 well to provide that if the contractor, in proceeding with the 

 works in accordance with any supplementary detail or other 

 drawing, sketch, or instruction, finds that it will cause any 

 additional expense, he shall immediately intimate the same 

 to the engineer. 



3. Extras in the case of a " lump-sum " contract. If the 

 contract is a "lump-sum" contract, it is obvious that any- 

 thing extra must be done and paid for under some contract, 

 express or implied, which is distinct from the original con- 

 tract. Unless there is such an express or implied contract, 

 the contractor does the extra work at his peril ; he cannot 

 recover the price of it. For instance, if work is to be done 

 at a given price, and the contractor does the work better or 

 uses better materials, the employer is not liable to pay any 

 greater price (Wilmot v. Smith, 1828, 3 C. & P. 453). But 

 the "extra" clause does not extend to work wholly outside 

 the original contract. Thus, where plasterers, who were 

 employed to do the inside of a house under a written con- 

 tract, were verbally requested to do the entablature outside, 

 it was held that they might sue for the price of this without 

 producing the written agreement (Reid v. Batte, 1829, 

 M. & M. 413). 



The following passage, which is taken from a judgment in 

 an American case, embodies what appears to the author to 

 be an accurate statement of the law : " Where the parties 

 under a special contract deviate from the original plan agreed 

 upon, and the terms of the original contract do not appear to 

 be applicable to the new work it being beyond what was 

 originally contemplated by the parties it is undoubtedly to 

 be regarded and treated as work wholly extra, out of the 

 scope of the contract, and may be recovered for as such. 

 But it is otherwise if the original terms are applicable, and 

 there is evidence from which it may be inferred that it was 

 the intention of the parties that the new work (wood instead 

 of iron) should be subject to those terms as to the time and 

 mode of payment " (Boody, etc. v. Rutland and Burlington, 

 K. R., 1853, 24 Vt. 660). 



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