CHAPTER X GENERAL CLAUSES Progress of Work The group of General Clauses that, directly or indirectly, touch on the progress of the work are included in this Chapter. Among these are a clause fixing important dates, one prohibiting work at certain times, one outlining the procedure in case the Contractor abandons operations, one giving the Owner the right to order the work temporarily discontinued, and two clauses covering delays and the consequential damages. 48. Certain Fixed Dates. (a) It is generally advisable that a time be fixed for beginning work under a contract, in order that the Contractor may not delay in starting until it is too late to do the work satisfactorily. A reasonable interval, varying with the magnitude of the work (seldom less than a week or more than a month), in which to collect his equipment, materials and working force, should be allowed him after the contract is signed. (b) Fixing a limit to the time allowed for completing a contract is essential, else the work may drag on indefinitely. Some contracts mention a period of time (as a certain number of days), within which the work is to be finished. The word 'days" used in this connection has been held to mean "working days," and is somewhat indefinite. A more precise term is "calendar" days. The mention of a definite date for completion is doubtless more precise still, and admits of no argu ment. (c) On very large and important pieces of construction work, especially where a number of sections are being completed under separate contracts, a schedule of progress is not infrequently outlined in the specifications, furnishing a standard by which to define normal progress. The student may criticize the following clause: "The Contractor shall commence and prosecute the work at such points, at such times and with such forces as the Engineer may direct." (A) The work shall be begun within ten (10) days from the (C) The Contractor shall commence the work of this con- 49. Work Prohibited When. (a) Almost all specifications forbid the Contractor requiring his men to work on Sundays or legal holidays, although the prohibition is properly so qualified as not to apply in cases of danger to property, health or life.* (b) Night work of certain kinds (hydraulic dredging, pumping or riveting, for example) may be objectionable to near-by residents. Certain kinds of work cannot be well done or satisfactorily inspected by artificial light. (c) Some work cannot be properly done under extreme weather conditions. The student may mention work which cannot be successfully prosecuted during intense cold weather; during moist weather; during very dry weather. * Laws in many states cover this point. (d) The specifications should plainly state, for the Contractor's benefit, just when he will not be permitted to work. (4) No work shall be done between the hours of 6 P.M. and 7 A.M., nor on Sunday, except such as is necessary for the proper care and protection of work already performed or except in case of an emergency and then only with the permission of the Engineer. (B) No night or Sunday work requiring the presence of an Engineer or inspector will be permitted, except in case of emergency, and then only to such extent as is absolutely necessary, and with the written permission of the Engineer, provided that this clause does not operate in case of a gang organized for regular and continuous night work. In case any work is performed at night the Contractor shall provide sufficient artificial light, in the judgment of the Engineer, to properly prosecute the work. No Sunday work will be permitted except in case of emergency and then only with the consent of the Engineer and to such an extent as he may judge to be necessary. (C) In case any work is to be done at night the Contractor shall give notice to the Engineer at least two days before such work is started. Only such classes of work shall be done at night as can be properly inspected, and adequate light and facilities for inspection shall be supplied. . . No concrete shall be placed or other work done which is subject to damage by frost during the winter months, between December first and April first. 50. Abandonment. (a) A Contractor may, before his contract is completed: (i) Actually remove all of his laborers, materials and tools with the deliberate purpose of giving up the contract. The common law would recognize this alone as constituting abandonment, construing it as a breach of contract on the part of the Contractor. (ii) Withdraw most of his men, leaving the work in such shape that any real progress is impossible. (iii) Willfully and persistently disregard the explicit directions of the Engineer and attempt to construct the work without regard to the plans or specifications. (b) Under any of the above circumstances it is or may be considered that he has "abandoned" the work, and specifications should provide for dealing with the situation (after reasonable notice to the Contractor) in either of two ways: (i) The contract may be declared null and void, the Contractor paid what money, if any, is due him, and formally discharged. This leaves the Owner free to consult his own pleasure in respect to completing the work. Art. 1.) (See (ii) The contract may be allowed to remain in force while the Owner employs other persons to complete the work either by contract or day's work. If this costs less than the balance due on the original contract, the difference is paid to the Contractor, otherwise by him or by his bondsmen. (A) Should the Contractor neglect or abandon the work, or if at any time the Engineer be convinced that the work is unreasonably delayed, or that the conditions of the contract are being willfully violated, or executed carelessly or in bad faith, he may notify the Contractor in writing, and if his notification be without effect within twenty-four hours after the delivery thereof, then and in that case the Contractor shall discontinue all work under the contract, and the Engineer shall have full authority and power to immediately purchase and hire materials, tools, labor and machinery for the completion of the contract at the expense of the Contractor or his sureties or both; or the said contract may be declared null and void, and the security bond and the retained percentage and the materials built into the work and the materials delivered shall then become the property of ... (the Owner). .... (B) If the work under this contract shall be abandoned, or if at any time the Engineer shall be of the opinion, and shall so certify in writing to ... .. (the Owner) that the said work is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or agreements of this contract, or is not executing said contract in good faith, or fails to show such progress in the execution of the work as will give reasonable grounds for anticipating its completion within the required time, (the Owner) (the Owner) (the Owner) at (his) shall designate, and shall thereupon have the right, other parties for the delivery of any material or com- ..... ; not exceed the amount of security for the performance of this contract. 51. Right to Suspend. (a) During the progress of the work contingencies may arise making it necessary that the Owner ask the Contractor to |