APPENDIX 245 



to the manner in which the same is executed or as to quality of the 

 materials, or as to the true intent and meaning of this specification of the 

 said drawing, or as to any matter of charge or account or otherwise as 

 between the corporation and the contractor either during the progress or 

 after the completion of the work, the decision of the engineer shall be 

 final and binding on both parties. 



27. Superintendence in the absence of engineer. In the temporary absence 

 of the engineer or his assistant, the foreman, or any other person who 

 shall be appointed to watch the works, shall have power to decide as to 

 the manner of executing and conducting the said works, and the con- 

 tractor shall follow the instructions or orders of the person so appointed. 



[NOTE. As to the consequences of the engineer failing to perform the duty 

 of superintendence, see Chap. XVIII., 4, ante.] 



28. Variation in details. The contractor shall make such variations in 

 the details of the works as may be required in special cases, even though 

 they may not be shown on the drawings or described in the specification, 

 and all details which are not specially shown on the drawings or 

 described shall be made to correspond so far as possible with similar work 

 which is shown or described in detail. 



FOEM IA. 



SHORT FOEM OF GENERAL CONDITIONS FOR ENGINEERING WORKS. 



1. Workmanship to approval of Surveyor. The whole of the works are 

 to be executed with the best materials and workmanship of their 

 respective kinds, according to the plans, sections, particulars, and speci- 

 fications prepared for such purpose and signed by the contractor, and to 

 the satisfaction of the District Council to be expressed in writing 

 by their surveyor; and who shall be the sole judges of the quality and 

 sufficiency of the materials and workmanship. 



[NoTE. As to the advisability of providing that the approval shall be 

 expressed in writing, see Chap. IX., 2, ante.] 



2. Contractor to verify plans, etc., himself. The said plans, sections, 

 particulars, and specifications are believed to be accurate, but the con- 

 tractor shall verify same if he thinks fit so to do before the contract is 

 entered into, and no extras will be allowed to the contractor for errors 

 in such plans, sections, particulars, and specifications, should any be 

 discovered after the contract is entered into. 



[NoTE. See as to this clause, Chap. XI., 5, ante."] 



3. Works to the approval of the surveyor. The works are to be executed 

 under the direction and superintendence of the surveyor to the said 

 district council, hereinafter called " the surveyor," and in such manner as 

 shall be directed by, or approved of, by him. 



4. Materials, etc., not specijled to be supplied. The contractor is to set 

 out all works rectifying errors, if any, and to provide all cartage, plant, 



