IBS THE LAW AFFECTING ENGINEERS 



had agreed with the contractor to do the work. On production 

 of the contractor's contract, the jury found that there was 

 a distinct contract between the mason and the employer for 

 the work sued on, and judgment was entered for the plaintiff. 

 (Eccles v. Southern, 1861, 3 F. & F. 142.) 



An employer may also become liable to a sub-contractor by 

 going surety for him. In that case, however, there must 

 be something in writing, as a contract of guaranty cannot 

 be sued on unless it is written. But there is a difference 

 between a promise to pay the debt of another and a direct 

 promise to be liable oneself in any event. In the latter case 

 a written contract need not be proved. Thus, if the employer 

 promises to pay the sub-contractor out of moneys which he 

 has to pay to the head contractor, this would be treated as a 

 direct promise to pay. (Dixon v. Hatfield, 1825, 2 Bing. 439.) 



There is another way in which the employer may become 

 directly liable to a sub-contractor. It may be proved that the 

 head contractor in employing the sub-contractor really acted 

 as the agent for the employer. The onus of proving this will 

 be on the sub-contractor. (See Woodivard v. Buchanan, 1870, 

 L. K 5 Q. B. 285.) 



6. Rights of sub-contractor against head contractor. It 

 is obvious that when a sub-contractor is employed the 

 question whether he will continue to be employed depends 

 upon the conduct of the head contractor. Thus, if the head 

 contractor does some act which entitles the employer to put 

 an end to the contract, the sub-contractor may in his turn be 

 ousted. In that case the sub-contractor may bring an action 

 for damages against the head contractor, as the law implies 

 that the head contractor will do nothing to prevent the sub- 

 contractor completing his work and earning his profit. 



7. Remuneration of sub-contractor. The question who is 

 the sub-contractor to look to for his remuneration naturally 

 turns upon the conditions of his employment. In the ordinary 

 form of agreement a clause is inserted providing that the con- 

 tractor will pay to the sub-contractor " the sum of when 

 the engineer for the time being of the said corporation (i.e., 

 the employer) shall have certified in writing that the said 

 work has been finished and completed to his satisfaction." 



