134 THE LAW AFFECTING ENGINEEES 



the contemplation of those who prepared this instrument ; and 

 accordingly they have introduced that clause, which was 

 clearly inserted to prevent in the first place any such direction 

 affecting the rest of the contract, and in the next place to 

 provide for the manner in which the contractor was to be paid 

 in case that event should happen." After reading the clause, 

 he said: "Is it possible that this clause was intended to give 

 to the surveyor, a person who ought to be in general but an 

 overlooker of the owner, to see that the work is accurately 

 performed, a power to vary the whole scheme of the building ; 

 or if it were so intended, that it could have been expressed in 

 such language ? In sound construction it should be limited 

 to that to which the condition has confined it namely, to such 

 extra works as may be done, or something which is to be 

 omitted ; but it cannot refer to the substitution of one thing 

 for another, more especially anything so important as the 

 making the foundation on which the whole validity and 

 security of the building depends." 



9. Extras ordered by employer. If it can be distinctly 

 proved that the employer ordered extras, he will be liable to 

 pay for them, as in that case a new contract will have come 

 into existence. But an allegation that he assented to altera- 

 tions will not be sufficient. In Lovelock v. King, 1831, 1 Moo. 

 & Kob. 60, a carpenter had agreed to alter certain premises 

 for a fixed sum. Considerable deviations were made from the 

 original plan, which it was alleged the employer had seen and 

 had not objected to. The carpenter sued for the "measure 

 and value " price of all the work done. It was laid down that 

 the employer was not liable for any larger sum than that fixed 

 by the contract, by reason of his assenting to deviations unless 

 he was expressly or impliedly informed that such deviations 

 would increase the cost. 



10. Effect of final certificate on extras. The engineer's 

 final certificate may have an important bearing upon the 

 question of extras. The result of many cases appears to be 

 that even where extras must be ordered in writing, the final 

 certificate of the engineer is conclusive both in the case of the 

 employer and the contractor, whether the order in writing was 

 actually given or not. As an illustration reference may be 



