The Municipal and Sanitary Engineer's HandbookBoulnois, H. Percy (Henry Percy)
Science
The Municipal and Sanitary Engineer's Handbook
Boulnois, H. Percy (Henry Percy)
Municipal engineering; Sanitary engineering
“(5.) Every contract entered into by an Urban Authority in conformity
with the provisions of this section, and duly executed by the other
parties thereto, shall be binding on the Authority by whom the same is
executed and their successors, and on all other parties thereto and
their executors, administrators, successors or assigns to all intents
and purposes: Provided that an Urban Authority may compound with any
contractor or other person in respect of any penalty incurred by reason
of the non-performance of any contract entered into as aforesaid,
whether such penalty is mentioned in any such contract, or in any bond
or otherwise, for such sums of money or other recompense as to such
Authority may seem proper” (38 & 39 Vic. c. 55, s. 174).
In reading the numerous foot-notes that follow the above clauses in
Glen’s ‘Law of Public Health and Local Government,’ it will be seen that
contracts with corporations have been held to be very different from
ordinary ones between individuals or companies. All contracts should be
by deed under the seal of the corporation, or “there is no safety or
security for anyone dealing with such a body on any other footing,” and
this applies also in “respect of any variation or alteration in a
contract which has been made.”
“A committee of the corporation has no power to enter into any contract”
(38 & 39 Vic. c. 55, s. 200).
A member of a corporation may not be “concerned in any bargain or
contract” entered into by the corporation, although this would not
vitiate the contract (38 & 39 Vic. c. 55, sch. 11, clause 64), neither
may an officer of the corporation be “concerned or interested in any
bargain or contract” (38 & 39 Vic. c. 55, s. 193).
It is, of course, necessary before any contract can be entered into,
that the town surveyor should prepare the specification, schedule of
prices and drawings where necessary; this entails a considerable amount
of work.
In addition to ordinary specifications for works, the town surveyor has
often to prepare specifications and schedules for the supply of the
following goods:
Ironmongery.
Paints, etc.
Disinfectants.
Castings.
Coals.
Harness.
Fodder.
Road metal.
Paving.
Clothing.
Stationery.
Horse hire.
and a host of other things too numerous to mention.
A well-written, clear, and comprehensive specification is a most
difficult thing to write, but it should be “common sense” from beginning
to end, any legal phraseology being left to the town clerk to introduce
in his “deed” as required by the Act.
For sewer and drain work lump sum contracts are often undesirable: it is
better to work according to a schedule of prices, and periodical
measurements.
Public-domain text, read in full here on John Shaqi.
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