Parks and park engineering . f the work oncontract time. Provision is made in the specifications thatthe penalty be deducted from the moneys due the contractoron the final estimate. These clauses are apt to be veryfaulty from the legal point of view, notwithstanding thefact that, although written by the engineer, they arepassed on by the counsel (see page 14). Contractors, asa rule, who know the law in such matters better thanengineers, pay but little attention to these penaltyclauses, knowing that they are nearly void. In orderto overcome the legal difficulty involved hi a penalty, theclause
Parks and park engineering . f the work oncontract time. Provision is made in the specifications thatthe penalty be deducted from the moneys due the contractoron the final estimate. These clauses are apt to be veryfaulty from the legal point of view, notwithstanding thefact that, although written by the engineer, they arepassed on by the counsel (see page 14). Contractors, asa rule, who know the law in such matters better thanengineers, pay but little attention to these penaltyclauses, knowing that they are nearly void. In orderto overcome the legal difficulty involved hi a penalty, theclause sometimes states that the charge made for non-completion of the work is not to be construed as a penaltybut as liquidated damages. This clause will also not beupheld in court unless it can be shown that the damagesclaimed are those actually sustained. Courts of law ingeneral are opposed to hard-and-fast agreements made inadvance to cover damages which may be sustained fornon-completion of the work on time. If, however, these. FIG. 29. 87 PENALTY CLAUSES 89 agreements are made so elastic as to adapt themselvesto the individual case they will be upheld. This end maybe attained by itemizing the damages as so much per dayfor engineering services, inspectors, clerks, office expenses,etc. An agreement made with the full understanding ofboth parties to the contract, stating that, in view of thedifficulty of estimating in advance the exact amount ofdamages involved for non-completion of work on contracttime, a certain sum per day is agreed upon as the actualliquidated damages as nearly as they can be estimated,will sometimes be upheld. CHAPTER V CONSTRUCTIONBEGINNING OF OPERATIONS THE time for starting the work is stated in the specifica-tions. The time allowed is often not later than tendays after the awarding of the contract. The necessarymachinery must be brought on the ground at once, andstables, shanties and offices provided. If there are anysuitable buildings on the land, they ma
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