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under clause 6 hereof, then such further time shall be allowed for the completion of the said works as the architect shall certify in writing to be reasonable.

The builder shall supply all materials to be used in the works, whether mentioned in the specification or not, save as otherwise provided by the specification and save as may be otherwise required in writing by the owner or the architect.

Materials to be provided by builder (e).

Clearance

after com

5. The builder shall within days after the completion of the works remove all scaffolding, fencing, implements, materials, and rubbish, and pletion. leave the house, buildings, and works in a clean and proper condition.

upon

6. The owner shall pay to the builder the sum of £ in manner Payment (ƒ). following, that is to say:-the sum of £ upon production to the owner of the architect's certificate in writing (g) that work to the value of £ has been duly executed to his satisfaction; the further sum of £production of the like certificate that work to the value of £ has been so executed; and the balance of the said sum of £- upon production of the like certificate that the said works have been completed and the said house and buildings covered in and made fit for habitation in accordance with this agreement and to the architect's satisfaction [or, "in sums amounting to ninety per cent. on the value of the works for the time being executed, and not being less than £ at each payment, such percentage to be ascertained by the architect, and to be paid upon production to the owner of his certificate in writing that the work has been done to his satisfaction, and the balance of the said sum of £, &c." as before].

7. The architect's certificate shall not be given in respect of any work which is defective or not in accordance with the contract, or while the builder is not using due diligence in executing the works or is making default in the due performance of this agreement (h).

(e) A person who contracts to build a house impliedly undertakes to provide all necessary materials: Williams v. FitzMaurice, 3 H. & N. 844.

(f) As to payment by the employer being made conditional on his approval of the work done, see Dallmann v. King, 4 Bing. N. C. 105; 7 L. J. C. P. 6; Parsons v. Sexton, 4 C. B. 899; 16 L. J. C. P. 181; Hughes v. Lenny, 5 M. & W. 193; 8 L. J. Ex. 177.

(g) The contract should require the architect's certificates to be in writing: see Roberts v. Watkins, 14 C. B. N. S. 592; 32 L. J. C. P. 291. As to the effect of conditions requiring certificates, see Sharpe v. San Paulo Rail Co., L. R. 8 Ch. 597; Dobson v. Hudson, 1 C. B. N. S. 659; 26 L. J. C. P. 153. For another form of clause for payment or architects' certificates, see Conveyancer, Vol. II., misc. prec., form 49, at p. 719.

(h) On the bankruptcy of the contractor the Court may order a certificate to be given, see Ex parte Gray, 58 L. J. Q. B. 5.

Certificate to

be withheld in

certain events

and devia

8. All alterations in or deviations from the said original specification Alterations and plans which may be ordered in writing by the owner, whether by way of tions (i). addition or omission, or otherwise, shall be carried out under the direction and to the satisfaction of the architect in like manner as if the same had been included in the original specification and plans, and all additions to or deductions from the contract price in respect of such alterations or deviations shall be fixed by the architect. No payment or allowance shall be made to the builder for extra work done or materials used without the previous authority in writing of the owner, and the contract price shall not be altered by reason of any authorised alteration or deviation except so far as the same shall alter the amount of labour or the value of the materials required to be used in or about the works, nor shall the mode of payment of the contract price or of ascertaining the value of the work done be affected by any such alteration or deviation. And only such further time (if any) as the architect shall certify in writing to be reasonable shall be allowed in respect or by reason of any such alteration or deviation (k).

set-off (1).

9. The owner shall be entitled to deduct any moneys payable to him by Deduction or the builder under this contract from any sum payable hereunder to the builder, and in making his certificates the architect shall have regard to any sums so payable by the builder. But this provision shall not affect any other remedy which the owner may be entitled to for the recovery of any such

moneys.

10. If the builder shall from any cause whatever fail to complete the said dwelling-house, buildings, and works, and to remove all scaffolding, fencing, unused materials, and rubbish within the respective times and in the manner aforesaid, or within such extended time as shall be allowed for that purpose, then, upon the architect certifying in writing that such default has been made, the builder shall pay to the owner as liquidated damages, and not as a

(i) See Tharsis Sulphur and Copper Co. v. McElroy, 3 App. Cas. 1040; Richards v. May, 10 Q. B. D. 400; 52 L. J. Q. B. 272. As to builders' right to payment in the case of trifling and immaterial deviations or omissions from the contract, see Lucas v. Godwin, 3 Bing. N. S. 737; 6 L. J. C. P. 205; Stannard v. Lee, 3 B. & S. 364. Dakin & Co. v. Lee, [1916] 1 K. B. 566; 84 L. J. K. B. 2031.

(k) This last clause is necessary to enable the owner to recover in respect of delay where additional works are ordered: see Dodd v. Churton, [1897] 1 Q. B. 562; 66 L. J. Q. B. 477.

(1) See Young v. Kitchin, 3 Ex. D. 127; 47 L. J. Ex. 579; Newfoundland Government v. Newfoundland Ry. Co., 13 App. Cas. 199; 57 L. J. P. C. 35; as to the right to set off apart from contract for same.

(m) See Law v. Redditch Local Board, [1892] 1 Q. B. 127; 61 L. J. Q. B. 172; Gallivan v. Killarney U. D. C., [1912] 2 Ir. R. 356.

Penalties for delay (in).

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