APPENDIX 251 



is not bound to accept the lowest or any tender. See Chap. VIII., 13; and 

 as to tenders generally, see the various headings in Chap. VIII.] 



9. Contractor to inform himself fully. If the contractor shall have any 

 doubt as to the meaning of any portion of these general conditions or of 

 the specification, he shall, before signing the contract, set forth the 

 particulars thereof, and submit them to the engineer in writing, in order 

 that such doubt may be removed. 



[NOTE. The importance to the contractor of having the meaning of the 

 specification explained is dealt with in Chap. X., 3, 6, and Chap. XI., 

 3. Another form of clause for warning the contractor is as follows : ] 



9A. The contractor, by signing these conditions and the relative 

 drawings, specifications, and schedule (if any), shall be held to have care- 

 fully examined the same, and shall, in the absence of any previous 

 written intimation by him to the contrary, be held to concur as a practical 

 tradesman in the method and styles of construction to be adopted, and 

 the sufficiency of the materials proposed to be used in the execution of 

 the work. 



(For a still more elaborate clause, see Chap. VIII., 3, ante,} 



10. Contract and bond. The contractor shall enter into a sealed agree- 

 ment for the proper fulfilment of the contract, and provide two sureties, 

 or grantors of an insurance or guarantee policy, whose names shall be set 

 out in the tender, and be subject to the approval of the purchasers, and 

 who shall execute a joint and several bond or grant an insurance or 

 guarantee policy to the extent of 10 per cent, of the value of the contract, 

 by way of suretyship for the due and faithful performance of the contract, 

 as defined by these conditions, such suretyship to be binding notwith- 

 standing any variations, alterations, directions, or extensions of time to 

 be made, given, conceded, or agreed under these conditions. 



The required agreement and instrument of suretyship shall be prepared 

 or approved by or for the purchasers, and they shall forward the same to 

 the contractor not less than thirty days from the date of acceptance of 

 his tender. 



In case the contract and bond or security shall not be executed by the 

 contractor and his sureties, insurers, or guarantors respectively within 

 thirty days after the same shall have been presented to the contra.ctor for 

 that purpose, the purchasers shall not, unless they think fit, be bound by 

 their acceptance of the tender, or by the contract, but the same shall, at 

 the option of the purchasers, be absolutely void, and if the purchasers, 

 by notice in writing to the intending contractor, declare the same to be 

 void, the purchasers shall not be liable to or for any claim or demand 

 from the contractor, in respect of work then already done or materials 

 furnished, or in respect of any other matter or thing whatsoever. 



In case the contract shall not be executed by the purchasers within 

 thirty days after receiving the executed portion from the contractor, the 

 tenderer shall not, unless he thinks fit, be bound by his tender, but the 

 same shall, at his option, be absolutely void, and if the tenderer, having 

 duly complied with these conditions, shall, by notice in writing to the 

 purchasers, declare the same to be void, the tenderer shall not be liable 

 to or for any claim or demand from the purchasers, but the accepted 



