198 THE LAW AFFECTING ENGINEEES 



of the work set right which he happens to notice are not in 

 accordance with the contract. His duty is to give such super- 

 vision as will reasonably enable him to certify that the work 

 of the contractors is according to contract. (Jameson v. Simon, 

 1899, 1 F. 1211.) 



The following passage from the judgment of the Lord 

 Justice Clerk (at p. 1219) seems to accurately define the duty 

 of an architect or engineer in carrying out the work of superin- 

 tendence : " There may, of course, be many things which the 

 architect cannot be expected to observe while they are being 

 done minute matters that nothing but daily or even hourly 



watching could keep a check upon But he, or some one 



representing him, should undoubtedly see to the principal 

 parts of the work before they are hid from view, and if need 

 be, I think he should require a contractor to give notice before 

 an operation is to be done which will prevent his so inspecting 

 an important part of the work as to be able to give his certi- 

 ficate upon knowledge, and not on assumption as to how work 

 hidden from view had been done." 



5. Checking of materials on the site. But the mere detailed 

 checking of materials delivered on the site may be safely 

 entrusted to a subordinate. For instance, in Graham v. The 

 Commissioners of Works (1902, Emden's Building Contracts, 

 p. 670) it appeared that an architect, having first ascertained 

 that portions of the timber used were not of the stipulated 

 quality, delegated the duty of particularising what timbers 

 were to be removed to the clerk of the works. It was held 

 that he was entitled to do so. 



6. Duties of the engineer's assistant. If the engineer is 

 unable to exercise sufficient personal supervision over the 

 works while in progress, he may have to delegate this duty to 

 an assistant. The duty of the assistant in such circumstances 

 will be to secure, by constant watchfulness, the proper fulfil- 

 ment of the contract. He will act under the engineer and 

 report to him. The authority of the engineer's assistant 

 would include, amongst his other duties, the exercise of 

 authority to stop the progress of work condemned under the 

 contract, to decide in construction emergencies, and to order 

 necessary changes. 



