APPENDIX 241 



the contractor, and the corporation may deduct the same from any sum 

 or sums due or to become due to the contractor under this contract. 



15. Inferior materials. In the event of any work executed, or 

 materials supplied by the contractor not being in quality or in any other 

 respect satisfactory and fully in accordance with the specification, the 

 engineer instead of having such work or material rectified or changed 

 may make such deductions from the payments to the contractor in respect 

 thereof as he may consider fair and reasonable. 



16. Watching and lighting. The contractor shall take every possible 

 precaution, by the erection of fences, by the lighting of the works, and 

 by every other means which circumstances may render necessary, or 

 which the engineer may direct, to protect the works from injury, and the 

 public from accident. 



17. Failure. Should the contractor, in the opinion and according to 

 the determination of the engineer, fail in the due performance of any 

 part of the works or shall fail to proceed with the same to the satisfaction 

 of the engineer, it shall be lawful for the corporation, by notice in 

 writing, under the hand of the engineer, to determine the contract so 

 far as regards the performance or completion of the same by the con- 

 tractor, but without thereby affecting in other respects the obligations 

 and liabilities of the contractor ; and in such determination of the con- 

 tract as aforesaid the further use by the contractor of the plant, imple- 

 ments, and materials then upon the ground shall cease, and the corpora- 

 tion may employ contractors or workmen, either by contract, by measure 

 and value, or by day work to perform and complete the works, or may 

 perform and complete the same themselves ; and the cost and charges 

 incurred in any way in performing and completing the works, shall be 

 paid to the corporation by the contractor, or may be deducted by the 

 corporation from any moneys due, or to become due to the contractor, 

 and the certificate of the engineer shall be final and binding, with 

 respect to the sum or sums, or balance of money to be paid by or to the 

 contractor. 



18. Superintendence by contractor and discharge of workmen. The 

 contractor shall give or provide all necessary personal superintendence 

 during the execution of the works, and shall employ competent foremen 

 to superintend the same during their progress ; and should any of such 

 foremen or of the contractor's workmen at any time disobey the orders 

 of the engineer, or conduct themselves improperly, or be in his opinion 

 incompetent, the engineer shall have full power to discharge them forth- 

 with, and the contractor shall not employ any discharged man on the 

 works again without the permission of the engineer, but shall be bound 

 within one week to replace any person or persons so discharged by others 

 to be approved by the engineer. The person employed by the contractor 

 to superintend the work shall be competent to carry out the same from 

 the contract drawing and to obtain therefrom all requisite particulars, 

 as no further information or enlarged details will necessarily be supplied. 



19. Contractor not to sublet. The contractor shall not assign or make 

 over or underlet his contract or any part thereof to any other person, 



L.A.E. B 



