264 THE LAW AFFECTING ENGINEEES 



together or in sections, in the presence of the engineer, and in all respects 

 in accordance with and in manner provided by the specification. 



On the giving of such notice, the plant shall, for the purpose of the 

 tests, be deemed to be complete, and no alterations or readjustments of 

 the same shall be made within forty-eight hours before the time fixed for 

 starting the tests, without the express permission of the engineer in writing. 



Should any alterations or re-adjustments be found necessary within 

 forty-eight hours before the time fixed for starting the tests, the tests of 

 the plant to which the alterations or re-adjustments are to be made may, 

 at the sole option of the engineer, be deferred for a period not exceeding 

 fourteen days, and all reasonable expenses to which the purchasers may 

 be put by the deferring of the tests shall be borne by the contractor. 



The contractor shall find and provide all necessary superintendence and 

 labour for the purposes of the tests, and during the tests shall have the 

 full working control of the plant. 



If at the time agreed upon between the contractor and the engineer for 

 the starting of the tests, the engineer or his duly authorised representa- 

 tive shall fail to attend, the tests may proceed in his absence. 



As soon as the tests have proved that the plant has completely fulfilled 

 the contract conditions, the engineer shall forthwith so certify in writing 

 to both the purchasers and the contractor, and thereupon it shall be deemed 

 that the purchasers have taken over the plant. 



If the works fail under the tests to fulfil the contract conditions, 

 complete new tests shall, if required by the engineer, or by the contractor, 

 be carried out upon the same terms and conditions, and upon payment to 

 the purchasers of all reasonable expenses to which they may be put by 

 the repeated tests, 



If the tests, proving that the works fulfil the contract conditions, be 

 not made by the contractor within one month after the date fixed under 

 Clause 38 for the completion and the readiness of the works for beneficial 

 use or for testing, and if, in the opinion of the engineer, the tests are being 

 unduly delayed, the engineer may, in writing, call upon the contractor 

 under seven days' notice to make such tests, and on the expiry of such 

 notice such tests shall forthwith be made by the contractor. 



If after the expiry of the notice from the engineer the contractor 

 neglects to make such tests, the engineer may proceed to make such 

 tests himself at the contractor's risk and expense. 



42. Rig ht of use. If the contractor neglects to make the " tests on 

 completion" by the dates stipulated under Clause 38, the purchasers 

 shall, nevertheless, have the right of using the works at their own 

 expense for the supply of electrical energy or otherwise ; but such use 

 shall be at the contractor's risk until he elects to make the "tests on 

 completion " or until such tests prove that the plant fulfils the contract 

 conditions. The purchasers may, pending any arbitration under the 

 contract, use any portion of the works reasonably capable of being used, 

 but in such case the contractor shall be entitled to be paid in respect of 

 any work beneficially used, a sum equal to 5 per cent, per annum 

 (according to the period of user) upon the amount withheld or deducted 

 in respect of such work. 



43. Interference with tests. If any act of the purchasers or of the 

 engineer, or the use of the work as above provided for, shall interfere 



