296 INDEX 



PAYMENT continued. 



due dates of, clause as to, 26 



for plans and drawings, 126, 127 



for preliminary plans, 122 



of contract price, effect of on claim for defects, 183 



of sub-contractor, 188, 189 



retention money, 144 



under progress certificate, readjustment of, 143 



where contract severable, 79, 80 



with knowledge of defects, 184 



without certificate can be enforced where there is fraud, 154, 155 



PEARSON v. DUBLIN CORPORATION 

 facts in case of, 118, 119 



PENALTIES (see TABLE, p. 160) 



cases as to, 163 



clauses as to, 247, 263 



effect of extension of time on, 170, 171 



employer not to decide as to, 168 



for not stamping contract, 67 



for paying commission, 164 



framing clause to provide for, 163, 164 



generally, 160, 161 



how amount of should be fixed, 163 



imposed on engineer having an interest in contract with local 



authority, 36, 37 



in contract with local authority, 36 

 in contracts with local authorities, 171 

 legal effect of penalty clause, 161, 162 

 liquidated damages distinguished from, 162, 163 

 not exacted where delay caused by employer, 166, 167 

 payable by sub -contractor for delay, 191 

 powers and duties of engineer as to, 168, 169, 170 

 retention of, out of money due, 164 

 severity of clause as to, 164 166 

 should not be too large, 162, 163 

 strike clause, effect of on penalties, 167, 168 

 waiver of, by action of employer, 166 

 when delay excused, 84 



relief granted for, 161 

 where damage uncertain, 163 



PENALTY CLAUSE (see PENALTIES) 



PERSONAL INJURIES 



damages for, against architect and contractor, 61 



PLANS AND DRAWINGS (see TABLE, p. 120) 



approval of, by employer, 122, 123 

 by local authority, 124 



