Civil Engineering Specifications and QuantitesLongmans, Green and Company Limited, 1926 - 282 pages |
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according action allowed amount apply appoint approved arbitrator authority Bill bricks brickwork building carried cement cent certificate clause clay coat common completion concrete condition consideration considered construction contract contractor cost course court covered damages detail diameter dimensions drawings effect employer engineer engineer's entire excavation existing extra face fact final fixed fraud give given ground implied inserted joints length less liable material matter means measured method necessary notice obtained ordinary otherwise paid particular parties payment performance period person piece piles pipes placed position possible practice precedent prevent quantities question Railway reasonable recover referred removed Reports rule sand separate shown sides similar specification square Standard steel stone surface taken tender thickness timber unless usually walls weight whole writing
Popular passages
Page 47 - Any contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the company by any person acting under the express or implied authority of the company, and such contract may in the same way be varied or discharged.
Page 48 - A contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under its authority, express or implied...
Page 262 - ... power to revoke the same without the consent of the other, nor shall the death of either party operate as...
Page 258 - ... one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent : Provided that the Court or a Judge may set aside...
Page 261 - IF any party shall be entitled to any compensation in respect of any lands, or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works...
Page 24 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 258 - ... if, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent: provided that the court...
Page 49 - And all Contracts made according to the Provisions herein contained shall be effectual in Law, and shall be binding upon the Company and their Successors, and all other Parties thereto, their Heirs, Executors, or Administrators, as the Case may be...
Page 258 - ... does not show that it was intended that the vacancy should not be supplied...
Page 263 - I AB do solemnly and sincerely declare, that I will faithfully and honestly, " and to the best of my skill and ability, hear and determine the matters " referred to me under the provisions of the Act [naming the special