APPENDIX 261 



II. The remaining 20 per cent, (referred to herein as retention money) 

 in respect of each distinct section or part of a section of the works 

 as follows : 



(a) 10 per cent, at the expiration of one month after the works 

 shall have been taken over by the purchasers under Clause 41 or 

 alternatively, at the option of the contractor, at the expiration 

 of one month after the works shall have been put into beneficial 

 use by the purchasers. 



(b) 10 per cent, at the expiration of nine months after the first 

 10 per cent, becomes due under (a). 



No part of the " retention money " will be payable at the time at which 

 payment of the same ought otherwise to be made under the contract, 

 unless in the opinion of the engineer the works are then in good repair, 

 and condition, and sound working order, fair wear and tear and accidental 

 injury or damage by persons other than the contractor's servants and not 

 due to faulty workmanship or material, excepted. Provided, however, 

 that where the defects are not of such importance as to affect the full 

 beneficial use of the works, the retention of the whole instalment shall 

 not be insisted on, but the purchasers shall be entitled to retain such less 

 sum of money as, in the opinion of the engineer, represents the damage 

 to the purchasers arising out of incomplete or defective details. Any 

 sum retained under this clause will become due upon the adjustment of 

 such details to the satisfaction of the engineer. 



Every application to the engineer for a certificate must be accompanied 

 by a detailed claim (in duplicate) setting forth, in the order of the schedule 

 of prices, particulars of the work executed to the date of claim, and the 

 certificate shall be issued within fourteen days of the application for same. 



Not more than one certificate shall be issued in any one month in 

 respect of the same section. 



The engineer may by any certificate make any correction or modification 

 in any previous certificate which shall have been issued by him, and pay- 

 ments shall be regulated and adjusted accordingly. 



l_As to the desirability of a written certificate, see Chap. XIV., 2, and as 

 to finality of a certificate, see ib., 11.] 



35. Due dates of payments. Payments shall be made by the purchasers 

 within thirty days from the date of each certificate of the engineer. 



In the event of the purchasers failing to pay the contractor any 

 amount certified by the engineer, within the specified period, and in 

 accordance with the contract, the contractor shall have the right, on giving 

 fourteen days' notice in writing to the purchasers or the engineer, to stop 

 all operations, and the expenses incurred in resuming work shall be paid 

 by the purchasers to the contractor as an extra over and above the amount 

 payable under the contract. 



36. Certificates not to affect rights of the purchasers or contractor. No 

 certificate of the engineer on account, nor any sum paid on account by 

 the purchasers, shall affect or prejudice the rights of the purchasers 

 against the contractor, or relieve the contractor of his obligations for the 

 due performance of the contract, or be interpreted as approval of the 

 work done or of the materials supplied, and no certificate shall create 

 liability in the purchasers to pay for alterations, amendments, or 



