CHAPTER XIII 



TIME 



1. Generally 



2. Meaning of the terms 



" directly, 1 ' " as soon as 

 possible " ... 



3. Simple form of time-clause 



4. Where the contract does not 



prescribe a particular time 



PAGE 



137 



137 

 138 



138 



5. Effect of extras on time- 

 conditions... ... ... 139 



6. Extension of time by engi- 

 neer 140 



7. Kesult of failure to observe 



time-conditions ., ... 141 



1. Generally. Every contract for large works must needs 

 be performed within a certain time. It is therefore necessary 

 to insert a time-clause in the written agreement, and to specify 

 the penalties attaching to delay. It is almost impossible, how- 

 ever, for the owner, contractor, or engineer to foresee the exact 

 time which a particular job will take for its due fulfilment. It 

 is therefore necessary, in the interests of all parties, to vest in 

 the engineer a certain discretion as to extension of time. The 

 drafting of clauses which will secure the completion of 

 structures absolutely, and at the same time be fair and 

 reasonable as between the owner and the contractor, is one of 

 the most difficult duties of any that the engineers are called 

 upon to perform. 



2. Meaning of the terms "directly," "as soon as possible." 

 The discussion of cases arising upon contracts which specify 

 no time for completion is more or less academic, in view of the 

 fact that a well-drawn contract provides for work being com- 

 pleted by a particular day. It may be useful, however, to 

 consider the meaning of some of the terms used in relation to 

 time. Where a contract is to be performed " directly," this 

 means speedily or as soon as practicable (Duncan v. Topham, 

 1849, 8 C. B. 225). 



In Hydraulic Engineering Company v. McHaffie, 1878, 4 

 Q. B. D. 670, the plaintiffs employed the defendant to make 

 a gunpowder pile-driver, which they agreed to provide " as 



