98. Workmen's Quarters and Other Temporary Buildings. It is usually necessary for the contractor to erect temporary buildings for the protection of his tools and machinery, or for office purposes, and sometimes, when the work is at a distance from boarding house facilities, it is necessary for him to provide temporary quarters for his labor. The location, erection, and removal of such temporary structures should also be subject to the approval of the engineer in charge. If temporary quarters for workmen are not really necessary, it is best to prohibit them, at least to prohibit their erection on the property belonging to the party of the first part. The following is an example of such a clause:

The contractor may build such sheds, storehouses, etc., as are necessary for the work, but the location of such sheds, etc., must be such as will not interfere with the work of other contractors, and must be approved by the water commissioner. No buildings, sheds, or tents to be used as quarters for workmen or teams will be allowed on the city property.

M. L. H.

99. Cleaning up after Completion. In nearly all kinds of engineering construction the grounds surrounding or along the line of the work are necessarily more or less defaced and encumbered by various disturbances of the surface, or by refuse and waste material, temporary buildings, etc., and it is usually made the business of the contractor on the completion of the work to clear up the grounds, and to put them in as presentable a condition as practicable. This does not involve any grading or removal of earth, unless it be the excess or waste which remains on the natural surface from his own excavations. It does, however, include the cleaning up of his own work, whether it be buildings, foundations, masonry, conduits, pits, etc. The following is such a clause written to cover the case of waterworks engine pits:

When the work is completed, all pits, pipes, chambers, conduits, etc., shall be carefully cleaned out. The surround

To which might be added the following: Suitable privy conveniences shall be erected, as directed by the engineer, for the use of the workmen, and their use is made obligatory. The committing of nuisances is prohibited on all parts of the premises.

ing grounds shall be cleared of all rubbish caused by construction, all sheds, etc., and left in a neat and presentable condition. M. L. H.

100. Removal of Condemned Material. Whenever any material which has been brought upon the ground by the contractor has been inspected and rejected by the engineer, or his assistants, it should at once be removed from the line of the work, in order to prevent its use when the engineer or his inspectors are not present. To further insure against the use of condemned material by the contractor, it is sometimes specified that all such material shall be stored by the contractor in a specified place, where it shall be kept under lock and key, and under the control of the engineer only. In case the contractor declines to remove such material from the line of the work, or declines to take out any defective work, there should be a provision authorizing the engineer to do this at the contractor's expense. The following clause may be used:

Defective work and material may be condemned by the engineer at any time before the final acceptance of the work, and when such work has been condemned it shall be immediately taken down by the contractor, and rebuilt in accordance with the plans and specifications. When defective material has been condemned, it shall be at once removed from the line of the work, and stored as directed by the engineer, or otherwise disposed of to his satisfaction. In case the contractor shall neglect or refuse to remove or replace any rejected work or material after a written notice, within the time designated by the engineer, such work or material shall be removed or replaced by the engineer at the contractor's expense.

M. L. H.

101. Relations to Other Contractors. Where more than one contractor is expected to be engaged simultaneously upon the same work, it is well to insert a clause in the specifications defining the obligation of each of these contractors to the others in certain particulars as follows:

The contractor is required so far as possible to so arrange his work and to so dispose of his materials as will not interfere with the work or storage of materials of other contractors

engaged upon the work. He is also required to join his work to that of others in a proper manner, and in accordance with the spirit of the plans and specifications, and to perform his work in the proper sequence in relation to that of other contractors, and as may be directed by the engineer.

M. L. H.

102. Provision for Drainage. Where the natural surface drainage is likely to be interfered with by the work of the contractor, it may be specified that he shall maintain provision for such surface drainage during the progress of the work, and that he will be held liable for all damages from his neglect to comply with this provision. The clause may read as follows:

If it is necessary in the prosecution of the work to interrupt or obstruct the natural drainage of the surface, or the flow of artificial drains, the contractor shall provide for the same during the progress of the work in such a way that no damage shall result to either public or private interests. For any neglect to so provide for either natural or artificial drainage which he may have interrupted, he shall be held liable for all damages which may result therefrom during the progress of the work.

103. Provision for Public Traffic. If it becomes necessary in the prosecution of the work to obstruct the public streets or sidewalks, and if it is practicable to carry on the work without closing these streets against all traffic it should be specified that

The contractor shall make suitable and adequate provision for the safe and free passage of persons and vehicles by, over, or under the work, while in progress. Such provision to be made to the satisfaction of the engineer.

E. A. F.

104. Contractor to Keep Foreman or Head Workman, and also Copy of Plans and Specifications on the Ground. Whenever work is visited by the engineer or his assistants or inspectors, the plans and specifications should be available for examination and if instructions are to be given for the further prosecution of the work or for any changes or corrections, some responsible person should always

be present who is authorized to receive such instructions for the contractor, as his agent. In this case the instructions given to this agent have all the legal force which they would have if given directly to the contractor. This clause may read as fol

lows:

At all times when work is in progress, there shall be a foreman or head workman on the grounds, and also copies of the plans and specifications. Instructions given to such foreman or head workman shall be considered as having been given to the contractor.

E. A. F.

105. Cost of Examination of Completed Work. Whenever the engineer desires to examine work which has been completed in whole or in part, this examination involving the tearing down of some portion of the work, and a corresponding expense both in taking down and in reconstructing it, it is only fair to provide that in case the work should be found to have been performed in accordance with the contract, the cost of tearing down and rebuilding should be paid by the party of the first part; but if it should be found that the work had not been constructed according to the contract, this cost should fall upon the contractor. The following is such a clause:

Whenever required by the water commissioner, the contractor shall furnish all tools and labor necessary to make an examination of any work completed or in progress under this contract. If the work so examined is found to be defective in any respect, or not in accordance with this contract and specifications, the contractor shall bear all expenses of such examination and of satisfactory reconstruction.

If the work so examined is found to be in accordance with the specifications and contract, the expense of examination and reconstruction will be estimated to the contractor at a fair price to be determined by the water commissioner.

M. L. H.

106. Faults to be Corrected at any Time before Final Acceptance. It should usually be understood between the parties that no act of the engineer or of the inspectors should be construed as final acceptance of any portion of the work, unless it is specifically so declared in writing by the engineer.

Also that any failure to detect faulty or incomplete performance before the time of final acceptance should not be construed as an acceptance of the work. After the final acceptance by the engineer, the contract is no longer binding on the contractor in the way of requiring specific performance, but a reservation may be entered in the contract in accordance with which, if any defect or fault should subsequently appear which was undetected before the time of final acceptance, the party of the first part should have the right to recover damages for such fault or defect. A clause to this latter effect is not usually inserted, but it is legitimate if the circumstances should seem to require it. The circumstances might require it when the work is of such a character that faults could not readily be detected until the works had been put in operation. The following is an example of such a combined clause:

Failure or neglect on the part of the engineer or any of his authorized agents to condemn or reject bad or inferior work or materials, shall not be construed to imply an acceptance of such work or materials if it becomes evident at any time prior to the final acceptance of the work and release of the contractor by the party of the first part; neither shall it be construed as barring the party of the first part, at any subsequent time, from the recovery of damages or of such a sum of money as may be needed to build anew all portions of the work in which fraud was practiced or improper material hidden, whenever found.

107. Surveys, Measurements, and Estimates of Quantities not Guaranteed to be Correct. It is not usually possible to give in advance complete measurements, dimensions, and estimates for all parts of the work. Especially is this true of the more detailed dimensions. It should always be understood, therefore, that the contractor must be responsible for the proper adjustment of the dimensions and details of the different parts of the work to each other and that the dimensions and figures given on the plans and specifications are always subject to changes during the progress of the work.