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"discretion as such a Contractor gives to his Agent"
When these two quotations are read side by side
it will, we think, be readily seen that Bis Excellency has
strangely misunderstood the meaning of the paragraph which
he quotes, and whereas he gives to it the interpretation that
the Consulting Engineers are responsible for the risks which
a Contractor would take, the memorandum states distinctly
that the Government takes upon itself those risks in lieu
of paying to the Contractor the profits which he would
naturally demand. There is not a word about the fee of the
Consulting Engineers being in return for the responsibility
of a Contractor and we should have thought that it would be
Apart from the interpre-
tation of the words of the memorandum, it would be impossible
for Consulting Engineers to take upon themselves the risks
contingent upon such matters as the adequacy of the foundations
for various distant works and it is for this reason that the
manifest that it could not be 80.
Government, as provided by Clause 10 of your memorandum of
February 1906, appointed a Chief Resident Engineer as its
own servant, leaving to him, while acting directly under its
own instructions, as far as possible the technical control
of the works, subject in respect of matters submitted by
Government to the Consulting Engineers for their advise.
That
8.