184 THE LAW AFFECTING ENGINEERS 



16. Effect of payments with knowledge of defects. It would 

 seem that payment of the contract price is no bar to a subse- 

 quent claim for damages, even when the employer is aware of 

 the defects. This is for the reason that as the contract work is 

 his he cannot reject it. 



17. Where employer has approved the work. If the work is 

 to be done to the approval of the employer, and he expresses 

 his approval, he cannot be afterwards heard to make a claim 

 for defects. In Bateman v. Thompson, 1875, 2 H. B. C. 23, 

 the defendant contracted to build for the plaintiff, the work to 

 be done to the satisfaction of the plaintiff and his architect. 

 The contract expressly provided that, notwithstanding any 

 certificate of the architect, the plaintiff should be entitled to 

 bring an action in respect of defective work within twelve 

 months after the completion of the work. The works were 

 completed to the satisfaction of the architect and to the 

 implied satisfaction of . the plaintiff. More than twelve 

 months afterwards a claim was made by the plaintiff in 

 respect of bad workmanship. It was held that the action 

 would not lie. 



