APPENDIX 263 



time, and at'any time or times, by writing under his hand, such extension 

 of time, either prospectively or retrospectively, and assign such other day 

 or days for the completion as to him may seem reasonable, without thereby 

 prejudicing, or in any manner affecting, the validity of the contract, and 

 any and every such extension of time shall be deemed to be in full com- 

 pensation and satisfaction for, and in respect of, any and every actual and 

 probable loss sustained or which may be sustainable by the contractor in 

 the premises, and shall in like manner exonerate him from any claim or 

 demand on the part of the purchasers for, and in respect of, the delay- 

 occasioned by the cause or causes in respect of which any and every such 

 extension of time shall have been made, but not further or otherwise, nor 

 for, or in respect of, any delay continued beyond the time mentioned 

 in such writing or writings respectively, provided that unless such request 

 be made within two weeks after the expiry of the calendar month in 

 which the delay existed no such extension of time shall be granted. 



The contractor shall not be called upon to commence any work which 

 is of a nature requiring a building or structure for the reception or 

 efficient installation thereof, and which building or structure is by the 

 contract to be provided by the purchasers, unless and until such building 

 or structure shall be in a condition sufficient for the reception or efficient 

 installation of the plant, and the contract date of completion shall be 

 extended pari passu with the delay in the providing of any such building 

 or structure. 



[As to the meaning of a strike, see Chap. VI., 34.] 



39. Penalty clause Damages for delay in completion. If the contractor 

 shall fail in the due performance of his contract by and at the time fixed 

 under the contract, whether by way of extension or otherwise, the 

 engineer shall, in writing, certify the fact of such failure, and in such 

 case the contractor shall pay to the purchasers, as and for agreed 

 liquidated damages, the following amounts reckoned on the contract 

 value of such portion only of the works as cannot, in consequence of the 

 delay, be used beneficially 



during the first four weeks between the appointed time and the 



actual time of completion, five shillings per 100 per week ; 

 during the second four weeks, ten shillings per 100 per week ; 

 during the third four weeks, fifteen shillings per 100 per week; and 

 during any subsequent week, twenty shillings per 100 per week. 

 [NOTE. As to meaning of liquidated damages, see Chap. VI., 34, and 

 Chap. XV., 3 ; as to the danger of fixing too large a penalty, see Chap. 

 XV., 4 ; as to the necessity for a penalty clause in a contract with a 

 local authority, see Chap. XV., 14.] 



40. Preliminary trials on site. On the completion of the works on the 

 site, the contractor shall be at liberty, as far as convenient to the 

 purchasers, to make any preliminary trials that he may desire. 



All expenses whatever of raising steam, or otherwise of or in connec- 

 tion with such preliminary trials, to which the purchasers be put, shall 

 be borne by the contractor. 



41. Tests on completion. On the completion of the works on the site, the 

 contractor, after giving the engineer fourteen days' notice of his readiness 

 to make the " tests on completion," shall test the operation thereof, either 



