27.03.2013 Views

Cork insulation; a complete illustrated textbook on cork insulation ...

Cork insulation; a complete illustrated textbook on cork insulation ...

Cork insulation; a complete illustrated textbook on cork insulation ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

518 CORK INSULATION<br />

In general, unless every change entered into or agreed up<strong>on</strong> after<br />

the c<strong>on</strong>tract has been c<strong>on</strong>summated is supported by some kind. of<br />

legal c<strong>on</strong>siderati<strong>on</strong>, the c<strong>on</strong>tract can not be enforced.<br />

Discharge of C<strong>on</strong>tracts.—Any c<strong>on</strong>tract entered into under any of<br />

the methods menti<strong>on</strong>ed may be discharged and the parties to the<br />

c<strong>on</strong>tract freed from all obligati<strong>on</strong>s involved, in any <strong>on</strong>e of the following<br />

ways:<br />

(1)<br />

By performance.<br />

(2) By impossibility of performance.<br />

(3) By agreement.<br />

(4) By operati<strong>on</strong> of Law.<br />

(5) By breach.<br />

The usual method of discharging a c<strong>on</strong>tract is, of course, by each<br />

party fully performing the duties prescribed for him in the agreement.<br />

In such case the performance by each party must be strictly<br />

in accordance with all of the terms of the c<strong>on</strong>tract. However, in en-<br />

gineering work it is seldom that the fulfillment is in all details strictly<br />

in accordance with the plans and specificati<strong>on</strong>s; but while in law the<br />

c<strong>on</strong>tract requires a strict and full compliance, yet in equity a sub-<br />

stantial compliance is accepted in place of a full and <str<strong>on</strong>g>complete</str<strong>on</strong>g> performance.<br />

Some c<strong>on</strong>tracts are based <strong>on</strong> the specificati<strong>on</strong>s of an engineer or<br />

architect that c<strong>on</strong>tain the unfair provisi<strong>on</strong> that the work must be<br />

d<strong>on</strong>e to the <str<strong>on</strong>g>complete</str<strong>on</strong>g> satisfacti<strong>on</strong> of some party named. The court in<br />

every such case will c<strong>on</strong>strue this meaning reas<strong>on</strong>able satisfacti<strong>on</strong>.<br />

A comm<strong>on</strong> example of the operati<strong>on</strong> of a c<strong>on</strong>diti<strong>on</strong> precedent,<br />

with reference to a third party, is where a c<strong>on</strong>tractor binds himself<br />

to receive payments <strong>on</strong>ly <strong>on</strong> the certificate of the engineer or archi-<br />

tect. Without such certificate he must prove that the engineer or<br />

architect has acted fraudulently in withholding the certificate, or has<br />

acted under gross mistake and in bad faith, or has negligently refused<br />

to h<strong>on</strong>estly examine the work. It is always extremely difficult to<br />

establish such proof; and, c<strong>on</strong>sequently, it is very bad policy to<br />

operate under such a c<strong>on</strong>diti<strong>on</strong>.<br />

ENGINEERING CONTRACTS.<br />

Specific Provisi<strong>on</strong>s.—An engineering c<strong>on</strong>tract c<strong>on</strong>sists of a number<br />

of specific provisi<strong>on</strong>s, each <strong>on</strong>e of which defines some <strong>on</strong>e element<br />

of the c<strong>on</strong>tract. These provisi<strong>on</strong>s are usually grouped under the following<br />

headings, and in the order indicated:<br />

(1) Scope and purpose, including plans, if any.<br />

(2) Specificati<strong>on</strong>s relating to and describing the work in detail.<br />

(3) Business relati<strong>on</strong> of the parlies to the c<strong>on</strong>tract.<br />

Thus the first essential of a good engineering c<strong>on</strong>tract is to make<br />

clear the scope and purpose of the "work to be d<strong>on</strong>e"; then describe

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!