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The Law of Building, Engineering, and Ship Building Contracts (Volume 2); And of the Duties and Liabilities of Engineers, Architects, Surveyors, and V - Softcover
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This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1895. Not illustrated. Excerpt: ... of the certificate subject always to such deduction as the employer has sect. 4 power to make for penalties, and if the [engineer] architect shall certify that such cost of completion (after using up such materials as in the opinion of the [engineer] architect are suitable for the work, and after sale of the remainder of the materials and plant sold and delivered by the contractor to the employer under the provisions of clause 166) has exceeded the -balance in hand, and if the [engineer] architect shall certify the amount thereof, the contractor shall pay to the employer the difference. Penalties Payable after Forfeiture. 184. Upon or after an expulsion, or a determination under clause 181, or upon or after an abandonment of the work by the contractor, the architect [engineer] shall fix and certify a date when, in his opinion, ■ the works could be completed, after allowing additional time for delay caused by the expulsion, determination, or abandonment, and after allowing additional time for delay caused, or likely to be caused, by obtaining another contractor, or in engaging other persons to complete the works, and such date when fixed and certified shall for the purpose of ascertaining tbe penalties due from the contractor to the employer be considered the actual date when the contractor completed the works, and the contractor shall thereupon pay to the employer the penalties provided for in clause 158 for the period from the date or dates, or from the expiration of the time or times fixed by the contract, or by the engineer [architect] in reduction or extension thereof under clause 151 up to the date fixed and certified by the architect [engineer] under this clause, when in his opinion the works could be completed. The architect's [engineer's] ...
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