APPENDIX 243 



workmen or others in the employment of the contractor, or of any person 

 acting under him or on his behalf, and the contractor shall serve the 

 corporation harmless thereof, and of any and all costs and expenses 

 consequent thereon. 



[See as to liabilities under the Workmen's Compensation Act, Chap. 

 XVII., 12, ante.] 



21. Contractor to maintain works. The contractor shall be responsible for 

 the maintenance, safety, and security for the whole of the works in all 

 stages of advancement, and shall at his own cost and charges keep them 

 in efficient working order for a period of six calendar months after the 

 date of the engineer's certificate of completion of the whole of the works 

 included in this contract, and shall be bound to make good all defects 

 which may appear, and take the risk of all accidents and damages arising 

 therefrom that may occur during such period ; and at anytime during that 

 period he shall, upon an order in writing from the engineer, immediately 

 repair, restore, or make good such work to the complete satisfaction of the 

 engineer. The corporation will, however, relieve the contractor of any 

 responsibility for injury to the works which may be caused by parties 

 opening the streets under written authority from the engineer, and it is 

 hereby provided that the engineer shall be at liberty to give such 

 authority. 



[NOTE. See generally as to maintenance and defect clauses, Chap. XVI. , 

 and as to defects appearing after the stated period of maintenance, ib. 9.] 



22. Contractor's liability in case of ivilfid default, etc. No certificate, 

 whether final or otherwise, shall relieve the contractor from liability for 

 any wilful default or deviation from the contract on the part of himself 

 or his workmen, or any parties supplying him with materials for the 

 work, which may be discovered within six years from the date of the 

 engineer's final certificate of completion ; but he shall remain responsible 

 during that period for all work which may be, or may become, defective 

 by reason of such wilful default or deviation, and he shall, upon an order 

 in writing from the engineer, immediately repair, restore, or make good 

 such defective work to the complete satisfaction of the engineer, or the 

 corporation may do the necessary work in any mode they may think 

 advisable, and reimburse themselves out of any money due or to become 

 due to the contractor from the corporation on any account whatever, or 

 recover the amount of any such expense by action at law. 



23. Corporation may execute certain urgent repairs. If any repairs or 

 other works shall be considered necessary by the engineer, and the con- 

 tractor shall refuse or neglect to execute them with proper diligence after 

 receiving notice to do so, or, if in the opinion of the engineer the 

 required work is of such urgency that it is inexpedient to incur the delay 

 involved by giving notice to the contractor, the corporation may execute 

 the required work in any mode they may deem advisable, and reimburse 

 themselves out of the money due, or to become due, to the contractor, or 

 recover the amount of any such expense by action at law. 



24. Accidents involving repairs, etc. In the event of any accident 

 occurring in any part of the works which shall require immediate repairs, 



R 2 



