270 THE LAW AFFECTING ENGINEEES 



8. Fees of engineer. The corporation will pay to the engineer the 

 sum of at the times and in the manner following that is to say 

 one payment of being one moiety of the total sum of when 

 a contract or contracts for the said intended works or a substantial 

 portion thereof has or have been entered into and a second payment of 

 being a moiety of the balance of the total sum of where 

 two-thirds in value of the said intended works are shown by the 

 engineer's certificates to have been executed and a third and final pay- 

 ment of being the residue of the total sum of within 

 three months after the date of the issue by the engineer of the final 

 certificate to the contractor or contractors for the said intended works. 



[NOTE. As to the fees of an engineer generally, see Chap. II., 2 

 et seq.~\ 



9. Fees if works not proceeded with by the corporation. In case the 

 corporation shall determine not to proceed with the said intended works 

 or shall not within one year after the said drawings specifications and 

 estimates to be prepared by the engineer have been delivered to them 

 enter into a contract or contracts for the execution of the said intended 

 works or a substantial portion of the same they shall on the request of 

 the engineer pay him the sum of and the said drawings specifi- 

 cations and estimates shall become the property of the council. 



[Even in the absence of a clause of this kind, the engineer could probably 

 sue the employer as on a quantum meruit. See Chap. II., 7, ante. See 

 also Chap. Ill, 6.] 



10. If part only of the works executed. If after a contract or contracts 

 have been entered into for the execution of the said intended works or a 

 substantial portion of the same the engineer shall die or the corporation 

 shall resolve to abandon a substantial portion of them then the engineer 

 or his executors or administrators shall be entitled to be paid besides the 

 moiety of the total sum of payable on the council entering into 

 such contract or contracts a further sum which shall be in the same pro- 

 portion to the balance of the total sum as the value of the works actually 

 executed under the supervision of the engineer is to the estimated cost of 

 the whole of the intended works. 



11. Arbitration. In case any dispute shall arise between the corpora- 

 tion and the engineer the same shall at the option of either of them be 

 reported to an arbitrator to be appointed by the President of the Institute 

 of Civil Engineers whose decision shall be final and conclusive on all 

 parties. 



IN WITNESS whereof the engineer has hereunto set his hand and seal 

 and the council have caused their common seal to be affixed hereto the 

 day and year first above written. 



