TIME 141 



As to the result of failure on the part of the engineer to grant 

 an extension of time, see Chap. XV., 7. 



7. Result of failure to observe the time-conditions. Failure 

 to erect machinery within the specified time may lead to grave 

 consequences for a contractor. In one case (Waters v. Towers, 

 1853, 8 Ex. 401), the defendant contracted to fit up and 

 complete machinery for the plaintiff within a reasonable time, 

 but failed to do so. It was held that the jury, though not 

 bound to assess the damages at the amount of profits under a 

 contract with a third party which the plaintiff was prevented 

 from earning, might do so if they were satisfied by reasonable 

 evidence, that the plaintiff would have earned these profits if 

 not prevented by the breach of contract. 



Delay on the part of the contractor may be excused if it can 

 be shown to have been caused by failure on the part of the 

 employer to give access to the site or to deliver plans (see 

 Chap. VL, 16, ante, and Chap. XV., 8, 9, post). As to 

 delay on the part of a sub-contractor, see Chap. XVII., 9. 



