THE LAW AFFECTING ENGINEERS

ENGINEERS

BEING

A CONCISE STATEMENT OF THE POWERS AND DUTIES
OF AN ENGINEER AS BETWEEN EMPLOYER

AND CONTRACTOR; AS ARBITRATOR;
AND AS EXPERT WITNESS

TOGETHER WITH

AN OUTLINE OF THE LAW RELATING TO ENGINEERING
CONTRACTS AND AN APPENDIX OF FORMS OF
CONTRACT WITH EXPLANATORY NOTES

illiam

BY

W. VALENTINE BALL, M.A. (CANTAB.)

x

OF LINCOLN'S INN AND THE NORTH-EASTERN CIRCUIT, BARRISTER-AT-LAW
JOINT EDITOR OF "EMDEN'S BUILDING CONTRACTS," 4TH EDN.

LONDON

ARCHIBALD CONSTABLE AND COMPANY LTD

1909

BRADBURY, AGNEW, & co. LD., PRINTERS,

LONDON AND TONBRIDGE.

PREFACE

He who essays to write the law relating to engineers is beset with many difficulties. The statute book is of but little use as a work of reference; for, unlike the lawyer or the doctor, the engineer occupies no position recognised by the legislature. The powers and duties of a solicitor are defined by Act of Parliament: he owes fealty to the Incorporated Law Society. The registered medical practitioner is responsible to a statutory body known as the General Medical Council. But the engineer is legally beholden to no one. How then shall one define what is breach of professional duty on the part of an engineer?

The case law of England does not help much in the solution of this question. The engineer seldom figures in the Courts as a litigant. The Law Reports record but few actions for fees; nor is it easy to find reports of cases where engineers have been successfully or unsuccessfully charged with negligence. It would seem that, although engineers are daily engaged upon matters which involve enormous sums of money, and which frequently lead to litigation, the personal conduct of the engineer is but seldom called in question. If cases do occur in which the position of the engineer is discussed, they are generally referred to arbitration. The inquiry is then conducted, so far as the law reports are concerned, with closed doors; and no permanent or accessible record of the proceedings is preserved. Hence there are grave difficulties to be surmounted by any one who tries to write of the status or legal position of the engineer.

In spite of all these difficulties, the author has attempted, in Chaps. I., II., III. and V. of this work, to collect together all that can be said of the status of an engineer; his right to sue for fees; the terms of his employment; and his liability to actions for negligence.

He must leave it to his readers to say whether he has succeeded in explaining the legal position of the engineer in his private capacity.

There are, however, certain functions performed by the

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