The following is quoted from Frost's "Good Engineering Literature,"

pp. 50, 51:

. . . Even in specifications, in the preparation of which conciseness is second only to clearness, superfluous clauses are by no means uncommon, as, for instance, in the following clause taken from a printed set of specifications:

"It is expressly specified that in entering into the agreement to perform the work herein specified, the Contractor admits that he has read each and every clause of these specifications and the circular of instructions, fully understands the meaning of the same, and that he will comply with all the requirements herein set forth.'

an

"Here fifty words have been used to say—what? Merely that the Contractor who has signed the contract has read its requirements assumption that is implied by the act of signing the contract. The clause is wholly superfluous on that account, but leaving aside any such legal considerations, consider only the wording of the clause. There is no need of saying that anything is 'expressly' specified in a specification. Everything in a specification is 'specified' and nothing is any more 'expressly specified' than anything else. The words 'in entering into this agreement to perform the work herein specified,' add nothing to the clearness or scope of the clause, for the specification certainly relates to no work outside the work 'herein specified'. Again, 'the Contractor admits that he .. fully understands the meaning of the same'. Aside from the fact that it is hard to understand how a man can 'admit' that he understands, it is unnecessary for the Contractor to say so, as his signature 'admits' that. Finally, 'he will comply with all the requirements herein set forth'. Of course he will. What are the specifications and contract for if not to insure compliance with their requirements? And being so, there is not the slightest need of using even ten words to state the fact."

The student may criticize and reconstruct the following:

(a) "During a period of ten calendar days following and subsequent to the day it is put in place the Contractor shall moisten or cause to be moistened with pure water each and every portion of the concrete which is or may be deposited by him or by his employees under the terms and conditions of this contract."

(b) "Water used for commingling the component parts of concrete shall be hydrogen monoxide of such a degree of absolute purity that a rigid analysis shall show not more than a bare trace of volatile oils, grease, organic matter, mineral salts or other objectionable impurities."

(c) "The wall shall be built by the Contractor to lines and grades given by the Engineer, and each and every stone before it is laid in place shall be inspected by him."

25. Fairness. A reputation for fair dealing is among an Engineer's most valuable assets, worth to him in the long run far more than a reputation for extraordinary ability or for cleverness. Many cases of unfairness have arisen from inexperience on the Engineer's part. The relation of the Engineer to the other persons concerned with construction work is a peculiar one. He is employed and paid by one party to the contract (the Owner), and expected to act impartially and fairly toward both. It is sometimes argued, and not without some reason, that the Engineer should be paid in part by both Owner and Contractor. In a certain sense, the Engineer's position is legislative, executive and judicial. He prepares the specifications, sees that the design is executed and explains any ambiguities or settles any disputes.

The following extract from a recent writer is not to be taken as representing the broadest view of the relations of the Engineer to the Contractor: "The Engineer is in the interests of the Proprietor, and receives his compensation from him. . . . He is not required nor expected to watch the Contractor's business nor to promote his interests, and any attempt to do so might render his position untenable, change the relations of the parties, and render the stipulation of his choice invalid. . . . The Engineer owes no duties to the Contractor except what he can demand by the terms of his contracts; he is under no obligations to protect his interests or assist him in his affairs."

26. Fair Specifications. It may at first seem that the opportunity for the exercise of fairness comes to the Engineer only after the work of construction has commenced. On the contrary, his treatment of the Contractor begins when he prepares the specifications. Reference to recent numbers of the engineering periodicals will disclose the fact that the written complaints of contractors are directed not so much against how the Engineer interprets his specifications, as against some supposedly unfair clauses which the specifications contain. Four faults need to be guarded against by the beginner in this connection:

(a) Avoid the use of indefinite words and phrases. The natural implication in the case of an all too free use of phrases like "as the Engineer may direct," "to the satisfaction of the Engineer,"

"acceptable to the Engineer," "a workmanlike job," "about" (the adverb), etc., may be:

(i) That the Engineer has not made a sufficiently exhaustive study of the details to be able to describe exactly what he wants; or

(ii) That a contractor who is acquainted with the temperament and previous rulings of the Engineer has an unfair advantage over one to whom the Engineer is a stranger.

To quote again from Major Gillette (Engineering News, 1907, vol. 57, p. 587).

"The writer has known a contract in which there was necessarily reserved for the Engineer discretionary action on nineteen different matters of importance. Exercised unfavorably, his discretion could increase the cost to the Contractor at least 50%. Under these circumstances, though the contract was a large one, it is remarkable that there were only two bidders, and they were 'old friends' in bidding. The Engineer's estimate for this work was three million. The Contractors got over five. In another contract a certain privilege was denied the Contractor, except with the approval of the Engineer. Before a stroke of work had been done by the favored Contractor the Engineer gave his approval. It was worth to the Contractor $107,000.00 in cold cash.

"The writer once investigated a case where the Contractors in collusion with the Engineer fraudulently received about $2,600,000.00 above fair profits through a provision in the specifications requiring the bidder to submit one price for three different constructions, to be used 'at the option of the Engineer.' The Contractors and the Engineer concerned have all since been sentenced to the penitentiary."

(b) Do not attempt to throw all risks on the Contractor's shoulders. It is never wise, and may be unfair and expensive as well. (See Arts. 42-47.)

(c) Warn the Contractor (in the specifications) of any particular danger likely to be encountered.

The ability to prepare specifications which will bring in low bids is not always to be coveted, and serious trouble to Owner or Engineer may result if an attempt has been made at concealment.

(d) Do not put anything in the specifications unless you mean to enforce it. Do not add a clause simply for use in an emergency

as a club, it may prove to be a boomerang and injure the Engineer when he least expects it.

Allowing the Contractor, after the contract is signed, to substitute something "just as good" is neither fair to the other bidders nor good for the Engineer's reputation. There are of course circumstances where a concession in price on the part of the Contractor may alter the situation. The acceptance of a method other than that prescribed is discussed in Art. 67.

CHAPTER VI

GENERAL CLAUSES

Specifications and Plans

The purpose of the General Clauses has already been discussed, in Chapter II. Several extracts (denoted by the letters A, B, C, etc.) from actual specifications will be found at the close of each article in this Chapter, also throughout Chapters VII, VIII, IX, X and XI. While all of these conform to the best practice, they have been culled from many different sources and the variations in phraseology and style are very marked. Critical study and comparison of these typical clauses should be made by the student.

The following group of six General Clauses relates to the specifications and plans themselves: the meaning of some of the terms used: the making of alterations in either: the treatment of any inconsistencies which may appear; and the placing of responsibility for data they contain.

27. What the Plans and Specifications Include. This group of clauses often opens the specifications.

(a) The work they are intended to describe. Under this head a concise summarized description of the work should be given, noting in particular exactly where it begins and ends and sharply differentiating it from work covered by any other contract, existing or contemplated.

(b) What they comprise. Note especially the number, character, titles and dates of any drawings already executed. Describe any yet to be made, whether by Engineer or Contractor.

(A) The work herein described consists of

from

to

The com

plete specifications are contained in the following pages. The plans comprise ... sheets numbered (attached hereto), each entitled