256 THE LAW AFFECTING ENGINEEES 



to the number of the order form in any account or claim for payment 

 by him. 



[As to the meaning of " extras," see Chap. VI., 34, anteJ] 



21. Negligence. If the contractor shall fail to execute the work with 

 due diligence and expedition, or shall refuse or neglect to comply with 

 any orders given him in writing by the engineer, or shall fail to execute 

 any other matter stipulated in the contract, or shall contravene the pro- 

 visions of the contract, the purchasers shall, after seven days' notice to 

 the contractor, in writing, be at liberty to employ other workmen, and 

 forthwith perform such work as the contractor may have failed to do, or, 

 if the purchasers shall think fit, it shall be lawful for them to take the 

 works wholly, or in part, out of the contractor's hands and re-contract 

 with any other person or persons, or provide any other material, tools, 

 tackle, or labour for the purpose of completing the works or any part 

 thereof, and the purchasers shall, without being responsible to the con- 

 tractor for fair wear and tear of the same, have the free use of all the 

 materials, tools, tackle, or other things, the property of the contractor, 

 which may be on the site, for use at any time in connection with the 

 work, to the exclusion of any right of the contractor over the same. 



If the cost of completing the works exceed the balance due to the 

 contractor, the said materials, tools, tackle, or other things may be sold 

 by the purchasers, and the proceeds applied towards the payment of such 

 difference. Any outstanding balance existing after crediting the 

 proceeds of such sale shall be paid by the contractor on the certificate of 

 the engineer, but when all expenses, costs, and charges incurred in the 

 completion of the work are paid by the contractor, all such materials, 

 tools, tackle, or other things shall be removed by the contractor. 



22. Death, bankruptcy, assignment, and sub-contracting. The conditions 

 and penalties in favour of the purchasers contained in the last preceding 

 condition may, subject as hereinafter provided, be enforced by the 

 purchasers if the contractor die, goes into liquidation, become bankrupt 

 or insolvent, or have a receiving order made against him, or compound 

 with his creditors, or propose any composition to his creditors for the 

 settlement of his debts, or assign his contract without the consent of the 

 purchasers, or if the contract become vested in any other person, or if he 

 commit any act of bankruptcy, or carry on his business under an 

 inspector or a receiver for the benefit of his creditors, or permit any 

 execution to be levied on his property, or if he sub-contract for any 

 portion of the work otherwise than as provided in Clause 15. Provided 

 that the consent of the purchasers to an assignment of the contract shall 

 not be unreasonably withheld. In the case of the death, liquidation, 

 insolvency, or other disability or act as aforesaid of the contractor, his 

 executors or other representatives in law of his estate shall have the 

 option of carrying out the contract subject to the executors providing 

 such additional surety as may be required by the purchasers as will 

 bring the amount of the surety up to the contract value of the work for 

 the time being remaining unexecuted. 



The apparatus, instruments, unused material, and apparatus so 

 provided by the contractor shall remain the property of the con- 

 tractor. 



