174 THE LAW AFFECTING ENGINEEKS 



tests, may fail to reveal something which will involve the 

 employer in the immediate cost of repairs or increased cost of 

 upkeep. From the point of view of the contractor the main- 

 tenance clause is of equal importance. He knows it is in the 

 contract when he enters on the work. It may impose a heavy 

 liability, but it tends to make him more careful to avoid 

 scamping. It may involve the employment of his men long 

 after the work has been handed over to the employer ; but it 

 puts a period be the same somewhat indefinite to his 

 liability. 



Clauses inserted with these objects are of various kinds. 

 By a " maintenance " clause is meant a clause under which 

 the contractor is bound to keep the work in working order for 

 a certain period. A " repairing" clause makes the contractor 

 liable to repair the machinery as it shall become injured in 

 the course of working ; while a " defects " clause only compels 

 the contractor to make good defects occurring owing to faulty 

 design and construction. (For a definition of " defects," see 

 Chap. VI., 34, ante.) 



It will be for the engineer, having regard to all the circum- 

 stances of the case, to decide which form of clause is best 

 suited to his purpose. 



2. Forms of maintenance clause. The clause in the condi- 

 tions of the Institution of Electrical Engineers is in the fol- 

 lowing terms : " Until the final certificate shall have been 

 issued, the contractor shall be responsible for any defects that 

 may develop under normal and proper use arising from bad 

 materials, design, or workmanship in the works. When called 

 upon in writing by the engineer to remedy such defects, the 

 contractor shall do so with due diligence, and unless such 

 defects be remedied by the contractor within a reasonable 

 time, the contractor shall be responsible for all losses and 

 damages sustained by the purchasers through such defects. 

 If the defects be not remedied within a reasonable time, the 

 purchasers may proceed to do the work at the contractor's risk 

 and expense " (see Form HA., 45). A proviso is then 

 added, giving the contractor the right to enter to remedy 

 defects, until the final certificate shall have been issued. 



Two points are noticeable with regard to this clause. In 

 the first place it only involves maintenance until the final 

 certificate. In the second place it makes the contractor 



