There shall be no claim for detention on account of work not being laid out, unless a written notice three days in advance, that it is required, shall have been given to the engineer; and the damage for such detention shall be estimated by the engineer. The right of way shall be furnished by the company, but if it fail to do so for any particular place, damages for detention shall not be claimed unless the contractor be detained full twenty days after he shall have given written notice to the engineer of his wish to commence work at such place. Then the engineer may either estimate to him the amount of damage which he shall take as satisfactory, or he may extend the time of the completion of such work by as many days beyond the contract time, as the contractor is detained beyond the twenty days following his notice to the engineer.
THE ENGINEER.
In all cases where the word “engineer” is used, the engineer in charge of construction is meant; but the directions of any subordinate engineer shall be obeyed when given in regard to any of the ordinary operations, or where they are evidently in accordance with the specifications, or when transmitting the orders of his superiors. In other cases they may be referred to the resident engineer, and finally to the chief engineer, he being the authorized officer, at the time acting in that capacity.
CONTRACTOR.
The word “contractor” applies to and includes all persons contracting jointly, any one of whom shall be considered the authorized agent for and in behalf of his associates, and empowered to receipt payment of moneys, receive and act upon orders.
THE CONTRACT.
87. This is the mutually binding legal article of agreement between the contractor and the company, specifying the times of completing, manner of payment, and describing the work which is to be done. Thus:—
A AND B RAILROAD COMPANY.
Contract.
Graduation on sections A C D,