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106. Contracts for an Interest in Lands...

97

107. Special Agreemenis Relatiug 19 Launds

98

108. Contracı Implied by Luw to Pay for Benefits Conferred when there lius Been

Eorichment....

98

109. Contracts for the Creation, Assignment, and Surrender of Estates in Laud... 99

110. Promises to Answer for the Debis of Auother..

99

111. Applicatiou of the L:1W 10 Construction Work.

100

Statute of Limitations.

112. Objects and Reasons for the Stallte....

102

113. Staiute Does Not Destroy the Contract Obligation, but Affects the Remedy or

Means of Enforcing It....

102

114. Disabilities that May Prevent the Operation of the Statute-Personal Dig-

abil ties

103

115. The Letter of the Law is Applied Strictly, without Regard to Hardship or Mis-

fortime..

104

116 Statute Does Not Operate against the Government.

104

117. Agreements to Waive the Protection of the Sialute...

105

118. New Promises May Iuterrupt the Running of Statute and Forfeit Its Protec

tion

105

119. Injury Concealed by Frand, so that Right of Action was Not Known..

106

120. Bid Work Concealed When under Iuspection and Supervision of Engineer.... 107

121. Liability of Engineer for Misconduct after Statutory Period has Elapsed ..... 107

Law of Contracts. Proof of Terms of Coilateral Contract. Parol or Verbal

Agreements.

122. Parol Evidence Not Admissible to Viry or Contradict a Written Contract. ... 108

123. When Parol Evidence will be Received.

110

124. Parol Evidence to Expiain Obscure and Ambiguous Contracts

112

125 Parties may be Hell to the Construction They have Themselves Adopted. 113

126. Witnesses cannot Testify as to the Meaning of a Contract.

114

127. The Intention of Parties shoulıl Control

115

128 Rule against Patrol Evidence Applies Ouly in Suits between the Parties to Con-

115

129. Contracts Obtained by Fraud or Duress.

115

130. Independent Oral Agreements...

117

131. Subsequent Promises Must be Founded upon a Consideration.

118

PACA

142. The Legislature May Ratify Cootracts.

132

143. A Contractor cannot Recover under a Void or Illegal ('ontract

132

144 Labor Laws and Limitations must be Complied With..

134

145. Form of Notice and lustructions..

136

146. Bidders may be Required to Possess Ceriain Qualifications

138

147. Restrictious which Exclude Cerlaiu Persons from Bidding.

139

148. There Must be No Cullusion or Other Efforts to Preveut Competition.. 139

148a. Possibility of the Law Beiug Used to Escape Onerous Contracts.

142

149. What is Good Evidence of Fraud and Coilusion of Public Officers and Ser-

vants...

143

150. Oath as to Truthfuluess of Statements..

144

151. Forms to be Used and Formalities to be Observed.

144

152. Propriety of Certain Requirements and Restrictions.

148

153. There should be a Standard for Comparisou of Bids.

149

154 Full Information as to the Work should be Furnished..

149

155. The Bid should Contain neither More vor Less than is Called for by the Instruc-

Lions, Plans, and Specifications..

150

156. Contracts Must be Strictly According to Terms of Advertisement, Plans, and

Specifications by which Bids were Invited

152

157. When Amount of Work Cunnot be Determined..

152

158. Right to Make Changes and Alterations Reserved

156

159. Instances where Contract has been Sustained....

156

160. Works Whose Cost Exceeds a Certain Amount Within the Stutute, Charter, or

Ordinance...

157

161. What Work Comes Within the Statute.

158

162. Slate or City to Furnish Certain Things at a Specified Price..

159

163. Contracts for Patented Articles or Materials of a Special Manufacture..

159

164. Instances where Contracts have been Made for Things in which there Was a

Monopoly....

160

165. Conditions and Stipulations as to the Performance and Completion of the

Work...

161

166. Conditions and Stipulations as to Performance and Completion of the Work... 164

167. Bond or Certified Check to Insure the Execution of the Contract, and Security

for its Faithful and Complete Performance ...

164

168. Bond and Certified Check io Ivsure the Execution of the Contract and Surety

for Failbful Performance and Completion of the Work.

167

169. Proposal to be Accompanied by Consent of Sureties..

168

170. Information to be Furnished and Conditions to be Imposed when Contract is

Executed

169

171. Acceptance of Proposal and Execution of Contract-Right to Reject Bids. . 170

172. Power to Determine Responsible Bidder is Discretionary.

171

173. Discretion Must be Exercised in Good Faith.....

172

174. Bids Rejected but Reconsidered Without a New Advertisement....

173

175. Not Always Necessary to Readvertise.....

173

176. Whether Lowest Bidder can Compel an Award to Himself

175

177. Public Officer may be Enjoined from Illegally Awarding Contract.

176

178. What Remedies a Bidder May Have..

177

179. Liability of Public Officers for Acts Discretionary or Quasi Judicial-Misdeeds

in Awarding the Contract

179

180. Liabiliiy of Public Officers for Ministerial Acts..

180

181. Bicis Cannot be Recalled

181

182. The Acceptance or Awar.

181

183. What Constitutes an Acceptance of the Proposal or an Award of the Contract., 182

184. Bid to Furpish Materials.

185

185. Form of Proposal for Public Work.

186

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When a Part of Contract Descrepancies or Conflict between Them and the Contract. In.

sufficient Plans or Specifications. Custody of Plans and Specifications.

213. Provision that Work and Materials shall Conform Strictly to Specifications

and Paps. Which are Made a part of the Contract..

201

213a. Specifications avd Plans a Part of the Contract...

201

214. Provision that Specifications and Plans shall be a Part of the Contract. 201

215. There Must be a Clear Reference in the Contract or Specitications, One to the

Other, or They Must be Physically Joined..

202

216. Contract may Consist of Two or More Written Instruments

203

217. Use of Parol Evidence to Identify Instruments Referred To...

204

218. Plans Exhibited to Coutractor when Contract was Eniered Iuto..

204

219. Instruments Referred to as Signed or Attached, not Signed, nor Attached 205

220. Plans and Specifications to be Registered with Contract....

207

221. Ordinances and Regulations Referred to in Contract..

208

222. Contract Annexed io Other Instruments Embodies Them..

208

223. Reference to Specifications and Plans or to a Model.. :

208

224. Reference to Maps in Deeds and Other Forms of Conveyancing.

209

225. Provision that Contractor shall Not Take Advantage of any Errors or Omis-

sions or Discrepancies Existing between or in the Plans and Specifications.. 209

226. Provision that no Advantage shall be Taken of Errors, Omissions, or Discrep.

ancies ; and Evgineer to Explain and Determine their True Meaning and

Import....

209

227. Conflict between the Contract, Plans, and Specifications

210

228. Contract Usually Prevails over Specifications..

211

229. Provision that Engineer may Adopt that I:nterpretation and Construction

which is most Favorable to the Work and Owner

212

230. Contracts Terms are Usually Construed most Strongly Against the Party Pre-

paring Them...

212

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231. Provision that Written Matter shall Prevail Over Printed Parts...

232. Written Matters versus Printed Matters

233 Punctuation ..

234. Unauthorized Changes and Alterations in Plans and Specifications avd Li

bility Therefor-Liability of Person Making the Chauges..

235. Responsibility for Unauthorized Changes by Engineer or Architect bet we

Owner and Contractor...

236. Provision that Contractor shall Guarantee Sufficiency of Plans and Specifica

tions....

237. Insufficient Plans and Specifications - Liability of Either Party to the Othe

Party .....

238 Docs Owner or Contractor Warrant Sufficiency of Plans ?.

239 Failure of Structure after Completion Due to Insufficient Plans..

240. Contracts for Completed Structuris Distinguished from Agreements for Won

and Materials..

241. Contractor will be Held to His Guarunty of Sufficiency of Plans and Specifi

calions...

242. Contracı to do Work According to Plans and Specifications Implies au Under

standing of Them..

243. Insufficiency of Plans-Liability to Third Parties Ivjured.

214. Injuries Resulting from Negligence of Both Parties.

245 Liability of the Siate, County, or Municipal Corporations for the Adopt on o

Insufficient Plans and Specifications.

246. Public Officers are Required to Secure the Services of Euginet rs and Archi

tects on Questions of Design and Construction

247. Selection of Plans for Public Works Sometimes Held a Judicial Act.

248. Liability of City Town, County, or State for want of Care or Skill of Publi

Officer....

249. Provision that Engineer shall Have the Custody of Plans..

250 Provision that Specifications and Drawings shall be kept at Works..

251. Provision that contractor shall Have Custody of Plans

252. Property Rights iv Plans as between Engineers or Architect and Owner

253 Provision that Work Shall be Done in a Workmanlike Minner...

254 Another Clause.

255 Another Clause

256. An Undertaking to Construct a Piece of Work Is an Undertaking to Do I

Well and in a Workmanlike Manner...

257. An Agreement to Perform Work in a Workmanlike Manner must be Faith

fully Executed or no Recovery can be Had....

259. Provision that Work shall be Performed and Completed According to the

True Spirit. Meaning, and Intent of the Plans and Specifications....

259. Work to be Completed to the Satisfuction of tie Owner..

art of Contract. Descrepancies or Conflict between Them and the Contract. In

ufficient Plans or Specifications. Custody of Plans and Specifications.

ision that Work and Materials shall Conform Strictly to Specifications

Pans Which are Made a part of the Contract..

ifications and Plans a Part of the Contract..

201

201

sion that Specifications and Plans shall be a Part of the Contract.. 201

Must be x Clear Reference in the Contract or Specifications, One to the

ner, or They Must be Physically Joined....

202

fact may Consist of Two or More Written Instruments

203

pf Paroi Evidence to Identify Instruments Referred To..........

Exhibited to Coutractor when Contract was Entered Into....

ments Referred to as Signed or Attached, not Sigued, nor Attached 205

and Specifications to be Registered with Contracı..

207

hances and Regulations Referred to in Contract...

208

ract Annexed 10 Other Instruments Embodies Them.....

208

208

fence to Specifications and Plans or 10 a Model..

209

rence to Maps in Deeds and Other Forms of Conveyancing.

ision that Contractor shall Not Take Advantage of any Errors or omis.

hs or Discrepancies Existing between or in the Plans and Specifications. 209

ision that po Advantage shall be Taken of Errors, Omissions, or Discrep.

pies; and Eugineer to Explain and Determine their True Meaning and

port.

fict between the Contract, Plans, and Specifications ....

211

rnct Usually Prevails over Specifications.....

212

ision that Engineer may Adopt that Interpretation and Construction

212

hich is most Favorable to the Work and Owner.
racts Terms are Usually Construed most Strongly Against the Party Pre-
riug Them.....

269. Provision that Materials Delivered upon Works shall Attach to and Belong to

Premises....

236

270. Materials and Tools to Become Property of Owner, but the Contractor is to Be

and to Remain Responsible for their Safekeeping ..

236

271. Ownership of Materials and Tools wben No Clause is Used. .

237

272. If it Be the Intention of the Parties to Pass Title upou Delivery, it will be su

Held...

238

373. English and American Decisions Compared..

239

274. Provision that Contractor shall Remove Temporary Structures and Dispose of

Waste Materials...

240

275. Contractor Required to Dispose of Waste Materials..

240

276. Provision for the Inspection and Rejection of Inferior Materials and Work... 242

277. Provision that Condemned Materials shall be Removed and Replaced

243

277a. Defective Materials Purchased and Used...

243

278. Provisiou that Condemned Materials and Work shall be Replaced by Con.

tractor-If He Neglects or Refuses to Make Them Good, Owner may Repair

aud Charge to Contractor...

244

279. Provision that Contractor shall Provide Facilities for Inspection..

245

280. Provision that Works shall be Pulled Dowu and Opened Up for Examination

and Inspection...

245

281. Provision that Contractors shall Guard against Defective Foundations and Un.

favorable Conditions....

245

282. Provision that Inspection and Approval of Engineer shall Noi Preclude the

Subsequent Rejecting of Inferior Materials...

245

283 Provision against the Sale or Use of Ardent Spirits..

246

284. Provision that Contractor shall Provide and Maintain Suitable Offices for Eu.

gineers...

246

285. Provision that Contrator shall Provide Closets and Lavatories..

246

286. Provision that Contractors shall Make Tests, Borings, and Soundings. 246

287. Provision that the Contractor shall Weigh and Test Materials, and shall Pro

vide Weighing and Testing Apparatus for that Purpose...

246

288. Provision that Contractor sball Have and Keep a Foreman or Representative

on the Works, who shall Receive and Obey Instructions of Engineer.

247

289. Provision that Contractor shall Not Assign nor Sublet Work

247

290. Provision for Liquidated Damages to be Assessed for Assigning or Subletting

Work...

247

291. Provision that Contractor shall Not Assigo or Sublet Work without Permis-

sion...

247

292. Provision that Contractor shall Not Assign or Sublet..

248

293. Clause Forbidding Assignment or Subcontracting is Binding on Assignor and

Assignee...

248

294 The Provision may be Waived...

248

295. What Does Not Amount to an Assignment

249

296. A Contract is Assignable unless it is Expressly Prohibited. or It Is a Contract

for Personal Services....

249

297. Provision that Engineer shall Lay Out Works and Contractor shall Preserve

His Lines and Levels ..

249

298. Provision that Contractor shall Provide such L:abor and Structures as Engineer

may Require to Assist in Staking Out Work..

219

299. Provision that Contractors shall Determine the Lines and Levels for the Work

and be Responsible for the Accuracy and Correctness Thereof...

250

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