The relations that should exist between the contractee and the contractor, and the attitude of the engineer toward the contractor have been widely discussed and are quite well understood from both the ethical and legal standpoint.
It is well to bear in mind that when a contract is duly entered into, both the parties thereto are equal before the law. Neither can impose upon the other terms or conditions that are not clearly included in or to be fairly inferred from the contract itself. The assumption that either party has superior or extra rights not expressed or to be fairly inferred from the written agreement, or in accordance with the established rulings of the courts, is wholly without warrant. The smallest contractor is, in this respect, upon an equal footing with the largest city government for which he may undertake to do contract work. It is not infrequently the case that the city assumes a superior and dictatorial attitude not in harmony with these principles, and it is too common for the contractor to seek to evade or to escape from clear contractural obligations. In neither case is the action warranted by fairness, justice, or law.
It should be needless to say that the attitude of the engineer toward the contractor should be one of unyielding and uncompromising requirement that the contract and specifications shall be fully and faithfully complied with, but at the same time one of absolute fairness and even helpfulness to the contractor. The ideal relation, which should be more commonly attainable than it appears to be, is that of helpful cooperation to bring about the results the contract and specifications were intended to secure.
In line with the principles here outlined some observations upon the preparation of contracts and specifications are appropriate.
It is the general practice to include in and make a part of “The Contract” (herein for convenience called The General Contract) all the various documents that are supposed to relate directly to the transaction as a whole. The separate parts of such a general contract may vary in number or character, but the principal ones are the following:
1. The advertisement for proposals.
2. Instructions to bidders.
3. The proposal submitted.
4. The contract proper.
5. The specifications.