240 THE LAW AFFECTING ENGINEEKS 



materials shall be of the best of their respective kinds, and when brought 

 upon the works shall be placed so as to interfere as little as possible with 

 the traffic. Should the contractor use water from the corporation mains 

 during the progress of the works, he shall pay such charges as may be 

 made by the corporation waterworks department for the use of such 

 water. 



12. Wages. The contractor shall pay his workmen not less than the 

 minimum standard rate of wages in the district for each class of labour 

 respectively, and shall observe the recognised hours and conditions of 

 labour generally, and shall forfeit to the corporation the sum of one 

 pound for each infringement of this clause, and a further sum of one 

 pound for each day such infringement continues after his attention has 

 been called to it. 



[For a definition of wages, see Chap. VI., 34, ante.~\ 



13. Testings. The engineer shall have power to require any materials 

 or works to be properly tested as he may think fit, at the contractor's 

 expense, in order to prove their soundness and efficiency, and in case 

 any material or work shall, with or without being so tested, be found 

 defective or imperfect, or not in accordance with the drawing and specifi- 

 cation, or in any other respect unsatisfactory, such work shall, on the 

 contractor receiving notice to that effect from the engineer, be forthwith 

 amended or re-executed by the contractor in a proper and satisfactory 

 manner. 



14 (a). Removal of improper materials. The engineer may order inferior 

 or improper materials brought on the ground by the contractor, to be 

 removed in twenty-four hours, and in case of non-compliance with any 

 such order, the engineer may cause the said inferior or improper materials 

 to be taken away at the contractor's expense, and the contractor shall 

 forthwith pay to the corporation in each case the amount of such expense 

 and a penalty of 5 as and for liquidated damages. 



(b) Engineer may order work to be undone for purpose of examination. 

 The engineer shall have full power to order any portion of the work 

 to be taken up or undone at the expense of the contractor, but if on 

 examination the work shall be found to have been done according to the 

 terms of the contract, the engineer shall allow an extra charge according 

 to the 10th clause of these conditions in respect of the work taken up or 

 undone. 



[NOTE. As to the danger of an engineer allowing work to l)e closed up before 

 he has inspected it, see Jameson v. Simon, noted Chap. V., 6, ante.'] 



(c) Procedure in case of contractor's neglect. Should the contractor 

 refuse or neglect to comply with any order of the engineer for examining 

 the work as herein provided, or to rectify any work that may be found to 

 be improperly executed, the engineer shall, after giving 12 hours' notice 

 thereof to the contractor, have full power to do the necessary work ; and 

 for such purpose to employ other contractors or workmen, by day work 

 or otherwise, and to provide all necessary materials, implements, and 

 engines, and to charge the expenses incurred thereby to the account of 



