CO129-451 - Public Offices - 1918 — Page 125

*/Hong Kong 1571.

Report by theConsultingEngineer.

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26th September 190.0.

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The chief points referred to have already been repofte

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and my letter of the 12th June 1918 could not have been in Chanda of the Government when the enclosures were despatch Re

I have reviewed the case with the information sent and the present enclosures, and have come to the son expressed by me on the 12th June.

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With regard to delay, since February 1918, when an agreement was made between "r.Jaffe and "r.Norman; the contractor at once put in hand the necessary parts and they were shipped and despatched in spite of very serious difficulties in the way of doing so in this country at the present, and an erector is now in the Colony on the work, and no delay appears to have occurred.

By the above agreement of February 1918, an engine was to be made ready to pump continuously. Hr. Chatham reports that the engine has been available and has been at work continuously.

Should the Government still desire to make a claim for delay, a full atatement of the actual damages and grounds for such in detail should be transmitted to you, so that it could be lodged and notice given to the contractor under section 6 of the General Conditions of Specification.

(gd) William Fairley.

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Section 6 of Specification.

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In case of any dispute or question arising between the Crown Agents, the Engineer, or the Inspector on their behalf, and the contractor, n. as to the true intent and meaning of the contract, specification,

general conditions, or the drawings, or in case of any difference with the contractor, other than those matters in the final decision of the Inspector, as to any matter, omission, charge or account connected with the contract, either during the progress of the same, or after its completion, then either party may forthwith give to the other notice in writing of the existence of each dispute or difference and such dispute or difference shall be referred to the President for the time being of the Institution of the Civil Engineers, or any person being a member of the said institution, whom he may appoint, and any decision interim or final, of the arbitrator so appointed shall be finally binding and conclusive upon all parties.

The costs of and incidental to the reference and award respectively shall be in the discretion of the arbitrator.

The submission shall be deemed to be a submission to arbitration under the meaning of the Arbitration Act, 1889.