Engineering Contracts and Specifications: Including a Brief Synopsis of the Law of Contracts and Illustrative Examples of the General and Technical Clauses of Various Kinds of Engineering Specifications, Designed for the Use of Students, Engineers and Contractors

Portada
Engineering news Publishing Company, 1895 - 417 páginas

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Contenido

The Engineer as Arbitrator
19
Qualified Assent
22
Misrepresentation in the Contract
24
ART PAGE 20 Invalidity of Contract through Fraud
25
Remedy of Party Defrauded
28
Invalidity of Contract through Duress
29
Invalidity of Contract through Undue Influence
30
Adequacy of Consideration
31
Agreement to Take Less than is Due
32
As to Waiver of Legal Rights
35
CONTRACTS UNDER SEAL 28 Classes of Sealed Contracts 336
36
PAROLE CONTRACTS 29 Oral and Written Contracts
37
When Assignment Can be Made
38
Notice of Assignment Necessary
39
The Explanation of Technical Terms in Contracts
40
Rules of Construction
41
CONTRACTS REQUIRED TO BE IN WRITING 35 The Statute of Frauds
42
Agreements which can not be Performed within One Year
43
SUBSEQUENT CHANGES AND AGREEMENTS 38 The General Rule
44
Results of Alterations of the Contract
46
DISCHARGE OF CONTRACTS 40 Methods of Discharge
48
Discharge by Performance
49
Performance on Conditional Promises
50
Discharge by Payment
51
Discharge by Tender
52
Kinds of socalled Impossibilities Which Will not Dis charge the Contract
53
Discharge of Contract by Operation of Law
54
REMEDIES FOR BREACH OF CONTRACT 50 Results of a Breach of Contract
58
Distinction between Liquidated Damages and Penalties
59
Recovery for Imperfect or Incompleted Work
61
SPECIFIC PERFORMANCE 54 General Rule as to Specific Performance
62
DISCHARGE OF RIGHT OF ACTION UNDER A CONTRACT 55 The Right of Action
63
Removal of Statutory Bar to Right of Action
65
PART II
66
Information Embodied in the Advertisement
67
The Theory of Advertisements
68
The Guarantee
69
Right of Rejection
70
Illustrative Examples
71
INSTRUCTIONS TO BIDDERS 63 Preliminary Information
74
The Object of Blank Forms of Proposals
76
Manner of Letting the Work
77
Contract Let for a Fixed Sum or per Specified Units
79
Contract Involving a Specific Performance
80
Contract Including Maintenance
81
Proposal for Building a Dam Spillway etc
82
Proposal Bond
84
ENGINEERING SPECIFICATIONS 73 Engineering Specifications Defined
86
General and Specific Clauses
87
THE GENERAL CLAUSES IN SPECIFICATIONS 76 List of Subjects Treated in the General Clauses
88
Explanatory Note
89
The Discharge of Unpaid Claims of Workmen and Mate rialmen
102
No Claims for Damages on Account of Suspension of Work
104
No Claims for Damages on Account of Delay
105
Protection of Property and Lives
106
Protection against Claims for the use of Patents
107
Assignment of the Contract
108
Abandonment of Contract
109
Cancellation of Contract for Default of Contractor NIO 98 Workmens Quarters and Other Temporary Buildings
112
Removal of Condemned Material
113
Provision for Drainage
114
Cost of Examination of Completed Work
115
Surveys Measurements and Estimates of Quantities not Guaranteed to be Correct
116
The Contract Subject to Interpretation and Change by the Engineer
117
Settlement of Disputes
120
Extra Work
121
Definition of Engineer and Contractor
123
The Use of General Clauses in Engineering Specifications
124
PART III
126
Specifications Accompanying Complete Detail Plans
131
Specifications Accompanying a General Plan Only
132
ILLUSTRATIVE SPECIFICATIONS OF VARIOUS ELEMENTARY PORTIONS OF ENGINEERING WORK 119 Scope and Purpose
133
SPECIFICATIONS FOR EXCAVATIONS AND EMBANKMENTS 120 Earthwork Excavating and Grading
134
Grading
135
Excavations under Water
138
Specifications for Measuring Quantities Excavated under Water by Weight and by Displacement
140
Specifications for an Earthen Dam
142
Specifications for Coffer Dams
144
Specifications for Protective Work
145
SPECIFICATIONS FOR CEMENT MORTAR CONCRETE AND MASONRY 127 Cement Mortar
148
Cement Concrete
150
Specifications for Stone
156
Stone Masonry 158
158
Specifications for Masonry for a Large Stone Dam
164
Specifications for Firstclass Bridge Masonry
170
SPECIFICATIONS FOR STREET PAVEMENTS AND MATERIALS 133 Specifications for Paving Brick
172
Specifications for Brick Pavements
176
Specifications for Asphaltum Pavements
178
Specifications for Asphalt Pavement
183
Specifications for Granite Pavement
185
Specifications for Granitoid Sidewalks
186
SPECIFICATIONS FOR SEWERS 139 Specifications for Brick and Tile Sewers
190
Specifications for Tile Sewer Pipe
195
Specifications for Laying Sewer Pipe
198
SPECIFICATIONS FOR WATER PIPE
202
LUMBER GRADING AND CLASSIFICATION
216
SPECIFICATIONS FOR IRON AND STEEL
225
MISCELLANEOUS SPECIFICATIONS
244
PART IV
270
Specifications for Building a Masonry Lock at St Marys
348
APPENDIX
414

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Página 58 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result...
Página 59 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Página 44 - Sterling or upwards, shall be ' allowed to be good, except the Buyer shall accept Part of the ' Goods so sold, and actually receive the same, or give something ' in earnest to bind the Bargain, or in part...
Página 30 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Página 84 - Payment well and truly to be made, we bind ourselves, and each of us, our, and each of our Heirs, Executors and Administrators jointly and severally, firmly by these Presents.
Página 299 - In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Página 43 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 18 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Página 5 - If there is any truth to the old proverb that "[o]ne who is his own lawyer has a fool for a client," the Court by its opinion today now bestows a constitutional right on one to make a fool of himself.
Página 272 - ... and he shall determine all questions in relation to said work and the construction thereof, and he shall in all cases decide every question which may arise relative to the execution of this contract on the part of the contractor, and his estimate and decision shall be final and conclusive upon snld contractor; and such estimate and decision.

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