260 THE LAW AFFECTING ENGINEEKS 



specification, and in case the contractor shall fail to comply with such 

 orders, the purchasers may, without further notice, remove the work or 

 materials complained of, and, at the cost of the contractor, perform all 

 such work or supply all such materials. 



[NOTE. See also as to maintenance, Clause 45, infra. As to the distinction 

 between " maintenance " and " defect " clauses, see Chap. XVI., 10. As to 

 meaning of " defect," see Chap. VI., 34.] 



32A*. Inspection at contractor's works and rejection of materials on site. 

 The engineer or the assistant engineer shall have full power to inspect 

 the plant or materials at the contractor's works during construction, and 

 the engineer shall also have full power, after the delivery of any plant or 

 material, to reject any materials or workmanship which he considers 

 objectionable, and to order the removal of the same from the works, and 

 his decisions and instructions on such subjects shall be obeyed by the 

 contractor. If the contractor shall so desire, and of such desire shall 

 give notice in writing to the corporation within seventy-two hours after 

 receiving notice from the engineer, the question involved in any such 

 decision of the engineer may be submitted to arbitration in the manner 

 and subject as herein provided. The contractor shall not under these 

 circumstances cease to proceed with the execution of the contract, to the 

 prejudice of the purchasers. In the event of the engineer not receiving 

 such notice from the contractor within seventy-two hours, he shall have 

 power to have the work and materials so objected to taken down and 

 removed, without being answerable or accountable for any loss or damage 

 that may arise or happen to such materials, and shall also have the power 

 to deduct the consequent expense, or cause it to be deducted from moneys 

 due to the contractor. 



33. Deductions from contract price. All costs, damages, or expenses 

 which the purchasers may have paid, or be liable to pay, or which shall 

 have become forfeited to the purchasers as provided for by these con- 

 ditions and by the specification, shall be paid by the contractor to the 

 purchasers on the certificate of the engineer, or if not so paid may be 

 deducted from any moneys in their hands due or becoming due to the 

 contractor under the contract, or recovered by action at law, or otherwise 

 from the contractor. 



33A*. Alternative clause. The purchasers shall have power to deduct 

 from time to time, or at any time, any moneys due or payable to the 

 purchasers by the contractor under these conditions from any sums due 

 or accruing due to the contractor under this or any other contract with 

 him, or the same may be recovered from him by the purchasers as 

 ascertained and liquidated damages. 



[NOTE. As to (t liquidated damages," see Chap. VI., 34.] 



34. Terms of payment and certificates of engineer. The contractor shall 

 from time to time be entitled, upon the written certificates of the 

 engineer, to payments by the purchasers by instalments in accordance 

 with the following provisions : 



I. As the works progress, 80 per cent, upon the contract value of the 

 work from time to time delivered or executed on the site to the satis- 

 faction of the engineer. 



