244 THE LAW AFFECTING ENGINEEKS 



if the said contractor shall not be upon the spot, or shall refuse or 

 neglect to execute the necessary works, the corporation may proceed 

 immediately, without giving notice to the contractor, to do the necessary 

 repairs in any mode they may deem advisable, and may reimburse them- 

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

 recover at law the expenses so incurred. 



25. Payments. Advances of money at the rate of 90 per cent, of the 

 value of the work executed, as certified by the engineer (less all 

 forfeitures and penalties imposed under the contract) will be made to the 

 contractor as the works proceed, and the engineer will include in the 

 amount certified as the value of the work executed such a sum as he may 

 consider fair and reasonable, in respect of the materials and plant pro- 

 vided by the contractor in or near the site of the works. The certificates 

 upon which such advances are paid (excepting the certificate of completion) 

 shall, if desired by the contractor, be furnished at intervals of from four 

 to eight weeks, provided, however, that the engineer may at any time 

 withhold a certificate if the works do not proceed satisfactorily, and in 

 accordance with the specification. The certificate of completion shall be 

 furnished on the completion of the whole of the works to be executed 

 under the contract, except any work of an unimportant nature, which in 

 the opinion of the engineer may with advantage be executed during the 

 period of maintenance, provided that the contractor has delivered to the 

 city accountant a full and detailed account in duplicate of all his claims 

 against the corporation in respect of the works, and that such account 

 has been found correct by the engineer. The final certificate for the 

 balance of 10 per cent, of the value of the work shall be furnished six 

 calendar months after the date of the engineer's certificate of completion, 

 provided it shall appear that the works have been properly maintained 

 by the contractor, and are executed to the satisfaction of the engineer, 

 and that the contractor has complied with the whole of the stipulations 

 of the specifications, and no previous certificate shall be considered as 

 proof or admission of the value, quality, or sufficiency of any work or 

 material that may have been executed or supplied. Before paying any 

 amount certified as due to the contractor, reasonable time shall be allowed 

 for submitting the certificate to the committee of the corporation having 

 control of the works, and for making arrangements for payment after the 

 certificate has passed such committee. When the contractor desires a 

 certificate to be furnished for any payment to which he may be entitled 

 he shall make application therefor to the engineer not later than 10.0 a.m. 

 on the Monday preceding the Friday on which the committee meets, and 

 such application shall be accompanied by a statement showing the value 

 of the work executed. Unless a detailed account has previously been 

 submitted to the city accountant not later than Friday in each week 

 during the progress of the works, the contractor shall furnish to the 

 engineer a detailed statement of such work executed during the previous 

 week as cannot readily be measured on the completion of the works. 



[NOTE. As to certificates and payments generally, see Chap. XIV., ante.] 



26. Superintendence and settlement of disputes by engineer. The works 

 generally and every part thereof shall be executed and completed to the 

 satisfaction of the engineer, and in all cases of difference of opinion as 



