242 THE LAW AFFECTING ENGINEEKS 



or make a sub-contract with any workman or workmen for the execution 

 of any portion of the work (except for the supply of the materials) with- 

 out the consent in writing of the engineer, but he shall, unless with 

 such consent, employ his own workmen at daily wages ; and in case the 

 contractor shall, without such consent, assign or make over his contract, 

 or any part thereof, or sublet or let at task work any portion of the work, 

 he shall in each such case forfeit to the corporation the sum of 100, 

 which shall be deemed liquidated assessed damages, and may be recovered 

 by action at law or deducted by the corporation from any sum or sums 

 due, or to become due, to the said contractor under this contract. 

 [NOTE. As to the necessity for this clause, see Chap. XVII., 2.] 



20. Responsibilities for accidents, damages, etc. The care of the entire 

 works, until their completion, shall remain with the contractor, who 

 shall be held responsible for all accidents and damage to persons or 

 property arising therefrom from any cause whatsoever, and chargeable 

 for anything that may be stolen, removed, or destroyed. The contractor 

 shall, at his own expense, protect all walls, buildings, gas-pipes, water- 

 pipes, or other property, which may be laid bare or otherwise interfered 

 with, and make good any such property which may be damaged, removed, 

 disturbed, or injured during the progress of the works, or in consequence 

 thereof; and shall also make good all damage occasioned by delay, 

 neglect, or carelessness, deficiency in strutting, fencing, watching, or 

 lighting, either to works or to the buildings or premises adjoining or 

 near thereto, whether such damage or defects be discovered during the 

 progress of the work, or appear, or become known, after the completion 

 thereof, and no payment on account of the works or certificate, or 

 approval of any work by any officer of the corporation shall affect or 

 prejudice the rights of the corporation against the contractor in this 

 respect. If it shall appear to the engineer that the contractor has 

 failed with all practicable dispatch to make good, or to pay and satisfy 

 the expense of making good, the said several matters and things herein- 

 before referred to, or any portion of them the corporation shall have 

 power to make good the same, or any of them, at the expense of the 

 contractor, and the expense of making good the same, and incident 

 thereto, shall (without prejudice to any other remedy) be deducted from 

 the moneys due, or to become due, to the contractor under his contract, 

 or shall be paid by the contractor to the corporation. In case of any claim, 

 action, suit, or proceeding being taken against the corporation, any of 

 the officers or servants in respect of any loss, damage or injury caused 

 by the works or consequent thereupon the contractor or his sureties 

 shall fully indemnify them, and each of them therefrom, and forthwith 

 pay to him or them all costs, charges, and expenses which he or they 

 shall have been put to or have incurred in reference thereto, and the 

 corporation may, if they shall see fit, compromise any such action, suit, 

 or other proceeding, or any claim in respect of any such damage as afore- 

 said on such terms as they shall think proper ; and the contractor shall 

 thereupon repay the sum or sums thus paid by the corporation. 



The corporation shall not be liable to, for, or in respect of any damages 

 or compensation or claim therefor, under the Employers' Liability Act, 

 1890, the Workmen's Compensation Act, 1906, or any Act or Acts amend- 

 ing same, because or by reason or in consequence of any accidents to 



