262 THE LAW AFFECTING ENGINEEES 



variations not ordered in writing by the engineer, or discharge the 

 liabilities of the contractor for the payment of damages, whether due, 

 ascertained or certified, or not, or of any sum against the payment of 

 which he is bound to indemnify the purchasers, nor shall any such 

 certificates affect or prejudice the rights of the contractor against the 

 purchasers. 



[NOTE. As to the effect of a final certificate on extras, see Chap. XII., 

 10. This clause tends to make all the certificates like progress certificates. 

 See Chap. XIV., 3A.] 



36A*. Commencement of work. The works shall be commenced imme- 

 diately upon acceptance by the engineer on behalf of the purchasers, in 

 writing, of the contractor's tender, and shall be carried on with diligence, 

 and in regular progression, so that the whole work shall be entirely com- 

 pleted within the time stated in the tender, and in these conditions. 



37. Suspension of works. The purchasers shall pay to the contractor 

 all reasonable expenses arising from suspension of works by order in 

 writing of the purchasers or the engineer unless such suspension be due 

 to some default on the part of the contractor. 



[NOTE. As to extension of time by engineer, see Chap. XIII., 5, 6.] 



3?A*. Engineer may delay or suspend work. The engineer shall have 

 power, by notice in writing, to delay or suspend the whole or any part of 

 the work during unsuitable weather, or for any other sufficient reason, 

 but the works shall be recommenced after receiving due notice in writing 

 from the engineer. Such delay shall in no way vitiate or invalidate the 

 contract ; and in no case shall any compensation for damage, injury, or 

 loss of profit or otherwise be allowed the contractor for or on account of 

 such delay or suspension of the work. 



38. Dates of completion. The works shall be completed on the site and 

 ready for beneficial use or for testing by the date named under each 

 section, or by such other date (if any) as may be incorporated in the 

 contract. 



[NOTE. For the meaning of words in a time clause, see Chap. 

 XIII., 2.] 



Provided always that, if by reason of extra work, alterations in, or 

 deviations from the specifications, directed in writing \>y the engineer, or 

 by reason of the suspension of the works under the direction of the 

 engineer, or of unusual inclemency of the weather, or by reason of civil 

 commotion or general or local strikes, or lock-outs, or combinations of 

 workmen, or in consequence of fire or of any unpreventable accident to or 

 breakage of machinery in the manufacturer's premises or on the site, 

 causing a delay in the supply of plant or materials to the contractor, or 

 by reason of the non- completion of a section of the contract executed by 

 another contractor, or by any act or default on the part of the purchasers, 

 or of other cause beyond the reasonable control of the contractor, or by 

 any delay on the part of the purchasers to give forwarding instructions to 

 the contractor under Clause 25, the contractor shall have been unduly 

 delayed or impeded in the completion of the work, the engineer shall, on 

 the receipt of a written request from the contractor, grant from time to 



