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Loop Line specification and contract

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The specification for construction of the Loop Line was issued in September 1874.
This transcript of the original document, held by The National Archives, preserves the inconsistent spelling and capitalisation (labour/labor, colour/color, moneys/monies, Works/works) and lack of punctuation. Unfortunately, no known copies of the drawings referred to exist.
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| || style="text-align:center;" |'''General Specification'''
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| style="vertical-align:top; width: 20%;" | 1. The contractor to execute all works <br><br><br><br><br><br>To supply all materials &c || The contractor shall to the satisfaction of the Engineer in a workmanlike substantial and lasting manner construct and execute all the Works herein mentioned and specified or referred to whether temporary or permanent including all contigent contingent and incidental works and shall construct and execute all the said Works, and in the manner and according to the directions and provisions herein respectively as delineated on the Drawings enumerated herein after mentioned specified or referred to or in any detailed or modified Specifications Drawings Plans Sections or written instructions which may from time to time be given to the Contractors by the Engineer, and in and for the construction and execution of the said works, the Contractor shall provide and supply all the materials plant articles and things which according to this specification are to be provided by the Contractor or which may be requisite or proper for the due performance of the works and of all the kinds descriptions and qualities specified in or to be inferred from this Specification and the Drawings or from any detailed Specification Plans Drawings Sections or written instructions as aforesaid of the best and most proper kinds or descriptions respectively to the satisfaction of the Engineer, and shall also find and provide all labour tools plant and machinery requisite or proper for the due performance of the work, and in executing the same shall perform fulfill fulfil obey and abide by all the directions provisions terms and conditions of this Specification and the Drawings and of any such detailed Specifications and written instructions as aforesaid and shall be subject to the several liabilities and obligations in case of default herein mentioned it being the intention of these Presents that the Contractor shall do execute and provide in accordance with this Specification everything requisite or proper for the entire performance of the said Works.
| style="vertical-align:top;" | 38. Contractor to observe stipulations and requisitions of the Company’s Acts and the general Acts Incorporated therewith<br><br><br>To pay compensation for omission to comply therewith || The Contractor shall at all times during this Contract in the construction and execution by him of the said works, and in the occupation and use of the lands from time to time purchased for the purposes of the said Railways and Works and also of the lands which he may require and obtain possession of for temporary purposes, observe, fulfil and comply with all the directions, stipulations and requisitions with respect thereto of “The West Midland and Severn Valley Railway Companies Act 1861” The Great Western Railway Acts of 1868 and 1872 and the several Public General Acts incorporated therewith so far as the same or any of them are applicable, and of any agreements entered into with Landowners, manufacturers, Public boards, or other Companies, and shall also make and pay to the several persons entitled thereto all compensation, penalties, damages, costs, charges, and expenses incurred by reason of any neglect or omission of the Contractor to comply with the provision of any such Acts of Parliament or Agreements And the Contractor shall save harmless and indemnify the Company from and against all claims and demands for any such compensation, penalties damages and moneys and all actions and other proceedings costs and charges in respect thereof.
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| style="vertical-align:top;" |39. Company paying compensation to be repaid by contractor<br><br>Together with expenses |-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" | |-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" | |-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-| style="vertical-align:top;" ||-|}In case at any time the Company shall be called upon to pay any such compensation penalties damages moneys or costs as are hereby agreed to be paid by the Contractor, the Company shall be entitled to make such payments in respect thereof as they may think fit or be compelled to make (as the case may be) and to procure the repayment by the Contractor of the amount so paid, together with any expenses incurred by the Company in ascertaining or disputing the liability to any such compensation penalties damages moneys or costs, or the amount thereof respectively or in defending any action or suit or other proceeding in respect thereof in manner provided by article 46.
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| style="vertical-align:top;" | 40. In case sufficient Machinery Plant &c not provided by Contractor<br><br>Or works not proceeding with due diligence<br><br>And in case of non compliance by them Company to enter on Works to provide additional Machinery &c and to recover payments from Contractor. || In case the Engineer is of opinion that sufficient machinery, tools, plant and materials, are not provided, or that a sufficient number of workmen are not employed in the execution or maintenance of the said Works, or that said Works or any part of them are not being carried on with due diligence and despatch, having regard for the time within which the said Works are to be completed or according to the rate of progress which may for the time being have been fixed or regulated by the Engineer in reference to the said Works or such part thereof (as the case may be) or if the Engineer shall think reasonable for the due execution of the said Works with greater diligence and despatch, or to comply with such order as aforesaid, and in the case of the Contractor shall not, within ten days next after the receipt of such notice in all respects comply with the directions thereof, or commence the things thereby required to be done, and diligently proceed therewith so far as the time will admit the Company shall be entitled to enter upon the works, and to do the several matters and things required by the said notice, and for that purpose to provide such additional machinery, tools, plant, and materials and to employ such additional number of workmen and to pay them such wages as the Engineer may think fit and reasonable and to recover from the Contractor all payments which may have been made by the said Company in and about such several matters in the manner hereinafter provided by Article 46
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| style="vertical-align:top;" | 41. Contractor to keep competent Foreman on Works || Company may employ another foreman in default of Contractor doing so. The Contractor shall at all times during the progress of the said Works employ and keep at least one competent foreman to superintend the execution of the said Works, and in case the Engineer shall consider the foreman employed by the Contractor incompetent, or to be acting improperly, or not to be properly performing the duties which are to be performed by him and shall thereupon give give the Contractor a notice in writing requesting him to dismiss such foreman and stating therein the grounds for such dismissal , the Contractor shall comply with such notice and employ another foreman in the place of the one so dismissed, and if the Contractor shall fail or omit to comply with such notice within one week after receipt thereof it shall be lawful for the Company by their Engineer to dismiss such foreman, and to employ another in his place at such wages as the Engineer may think reasonable and to recover the amount so paid from the Contractor in manner provided by Article 46.
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| style="vertical-align:top;" | 42. Power of engineer to order dismissal of any workman || The Engineer or Resident Engineer shall have the power to order the dismissal of any workman or workmen employed by the Contractor or by any Sub Contractor upon the said Works without assigning any reason for so doing, upon giving three days notice of his intentions so to do to the Contractor or any such Sub Contractor, and if any such workman or workmen shall be retained by the Contractor or any Sub Contractor upon the said Works after such notice has been given the Engineer shall have power to deduct the wages of such workman or workmen out of the monthly moneys due to the Contractor
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| style="vertical-align:top;" | 43. Imperfect work to be taken down and removed<br><br>To be executed properly<br><br>Without extra charge or extension of time<br><br>Company may cause imperfect works to be removed || In case the Engineer shall at any time during the progress of the said works be of opinion that any part of said works is being executed unsoundly or imperfectly, or not with proper materials, or in any respect not in accordance with the Specification, drawings plans or other instructions respectively, given by the Engineer to the Contractor, or shall at any time after the completion of the said works and during any period referred to in Clause 10 be of opinion that any works done by the Contractor have been executed unsoundly or improperly or not with proper materials or have become unsound, or imperfect by reason of accident or from any cause not being the act or default of the Company and in ase the Engineer shall thereupon give the Contractor a notice in writing requiring him cause such part of the said works to be taken down and removed and to be re-executed properly, and with proper materials according to the Specification, drawings, plans, or other instructions then the Contractor shall forthwith comply with such notice, and do the several matters and things thereby required of him to the satisfaction of the Engineer without any extra charge and without any extension of the period for teh completion of the said works in respect thereof, notwithstanding that before the giving of such notice any payment may have been made by the Company on account of such works so objected to, or any Certificate may have been given by the Engineer of the due execution thereof. And in case the Contractor shall not within ten days after the receipt of such notice have duly complied therewith and executed the works thereby required or commenced and diligently proceeded with the same, the Company shall be entitled to cause the works so objected to, to be taken down and removed and to be executed properly and with proper materials and for that purpose to expend such sum as as the Engineer may consider reasonable and proper and to recover the money so paid from the Contractor in manner provided by Article 46.
39 |-| style="vertical-align:top;" | 44. If Contractor neglects to complete works or become bankrupt or underlets the Company may take Works || If the Contractor from any cause not attributable to default on the part of the Company paying compensation neglect or omit to proceed with and complete or be prevented from or materially delayed in proceeding with and completing the said Works in accordance with this specification or if he shall become bankrupt or insolvent or enter into any arrangement with his Creditors or shall without such consent as hereinbefore mentioned assign or underlet the work or any part thereof except as hereinbefore mentioned the Company shall be repaid by contractorentitled on giving fourteen days notice of such their intention or in any case of emergency without any such notice to take the said works entirely out of the hands of the Contractor.
Together with expenses
In case at any time the Company shall be called upon to pay any such compensation penalties damages moneys or costs as are hereby agreed to be paid by the Contractor, the Company shall be entitled to make such payments in respect thereof as they may think fit or be compelled to make (as the case may be) and to procure the repayment by the Contractor of the amount so paid, together with any expenses incurred by the Company in ascertaining or disputing the liability to any such compensation penalties damages moneys or costs, or the amount thereof respectively or in defending any action or suit or othe rproceeding in respect thereof in manner provided by article 46
40 |-| style="vertical-align:top;" | 45. In case sufficient Machinery Plant default made as mentioned Company to be at liberty to let contract to others and provide plant &c not || In case the Contractor shall make any such default as aforesaid and the said Works be thereupon taken out of his hands of the Company shall be at liberty to contract with and employ any other person or persons to proceed with and complete the same to provide all such plant and material in addition to the plant and materials then being upon the works or upon any land of the Company near or adjoining thereto as may be required for such work and materials such amount as may be agreed upon or may be reasonable and to use or employ all machinery plant machinery tools and articles provided or supplied by the ContractorOr and then upon the site of the said Works or upon any land adjoining or near thereto and all such payments as may be required to be made and shall in fact be made by the Company for or in relation to the further execution and completion of the said works not proceeding and the entire fulfilment of the engagement undertaken by the Contractor in and by the contract to be founded upon this Specification and also such sum as may be agreed upon or determined by the Engineer to be reasonable compensation to the Company for any loss or delay occasioned to them by such act or default of the Contractor may be deducted by the Company as the case may be out of any monies remaining in their hands under the provision of these presents and in case the money so remaining shall be insufficient for such purpose then the amount or deficiency as the case may be shall be repaid by the Contractor to the Company on demand but if on the other hand after the Company shall have made all such deductions there shall remain in their hands any balance due to the Contractor under these presents the balance shall be dealt with due diligenceand applied as the Company may think fit.
And in case of non compliance by them Company to enter on Works to provide additional Machinery &c and to recover payments from Contractor.
|-| style="vertical-align:top;" | 46. Moneys payable by Contractor may be deducted from Contract moneys || In every case in which by this Specification provision is made either for the Engineer is payment of opinion that sufficient machinery, tools, plant and materials, are not provided, money or that a sufficient number of workmen are not employed in for the execution or maintenance incurring of expenses by the said Works, or that said Works or any part of them are not being carried on with due diligence and despatch, having regard for the time within Company which the said Works are to be completed repaid by or according to recovered from the rate of progress which may for Contractors the time being have been fixed or regulated by the Engineer in reference Company shall be entitled to deduct the said Works or such part amount thereof (as the case out of any money which may be) then due or if the Engineer shall think reasonable for the may at any time thereafter become due execution of the said Works with greater diligence and despatch, or to comply with such order as aforesaid, and in the case of the Contractor shall not, within ten days next after from the receipt of such notice in all respects comply with the directions thereof, Company or commence the things thereby required to be done, sue for and diligently proceed therewith so far as recover the time will admit amount or the Company shall be entitled to enter upon the works, and to do the several matters and things required by the said notice, and for that purpose to provide balance after any such additional machinery, tools, plant, and materials and to employ such additional number of workmen and to pay them such wages deductions as the Engineer case may think fit and reasonable and to recover be as a debt due from the Contractor all payments which may have been made by to the said Company in and about such several matters in the manner hereinafter provided by Article 46.
41 Contractor to keep competent Foreman on Works
Company may employ another foreman in default of Contractor doing so.
The |-| style="vertical-align:top;" | 47. Extension of time to Contractor shall at all times during the progress if Works delayed by act of Company || If the said Works employ and keep at least one competant foreman to superintend Contractor shall be prevented from or materially delayed in proceeding with the execution of the said Works, and in case works or any of them after receiving written notice from the Engineer shall consider to commence or proceed, with the foreman employed same or any of them by reason of any act or omission of the Contractor incompetent, Company such prevention or to be acting improperly, delay shall not vacate the contract or not to be properly performing otherwise affect the duties which are to be performed by him and shall thereupon give give same except that in that event the Contractor may within a notice reasonable time not exceeding one calendar month from the time when such impediment commenced make an application in writing requesting him addressed to dismiss such foreman and stating therein the grounds Secretary of the Company for an extension of time by reason of such dismissal prevention or delay, and for compensation for any loss or extra expense which may be occasioned to him thereby And if the Contractor Company shall comply with refuse or neglect upon any such application to grant such notice and employ another foreman in the place extension of the one so dismissed, an dif time or to make such compensation or if the Contractor shall fail or omit to comply not be satisfied with such notice within one week after receipt thereof it shall extension of time or compensation as may be lawful for the Company offered by their Engineer to dismiss such foremanthem, the question whether any and to employ another if any what extension of time or compensation should be granted in his place at respect of such wages as prevention or delay shall be referred to and decided by the Engineer may think reasonable and to recover the amount so paid from the Contractor in manner provided by Article 46.
42 Power of engineer to order dismissal of any workman
The Engineer or Resident Engineer shall have the power to order the dismissal of any workman or workmen employed by the Contractor or by any Sub Contractor upon the said Works without assigning any reason for so doing, upon giving three days notice of his intentions so to do to the Contractor or any such Sub Contractor, and if any such workman or workmen shall be retained by the Contractor or any Sub Contractor upon the said Works after such notice has been given the Engineer shall have power to deduct the wages of such workman or workmen out of the monthly monies due to the Contractor.
43 Imperfect work |-| style="vertical-align:top;" | 48. Notice to Contractor to be taken down given in writing and removedsigned by Secretary or the Engineer || The Notices to be given to the Contractor, under the provisions of this Specification, shall be in writing and shall be signed by the Secretary or the Engineer or the Resident Engineer, and shall be deemed to have been sufficiently given and served, if either left at or sent by post to the Contractor, at any place of business or office of the Contractor upon or near the site of the said works, or if delivered to the principal Foreman of the Contractor for the time being employed at or upon the said works.
To |-| style="vertical-align:top;" | 49. Matters relating to progress of Works etc. to be executed properlydecided by Engineer || Upon all matters and questions relating to works under the Contract with respect to the quality or mode of execution of the works and as to the progress of the works, and as to the sufficiency of the Foreman or Workmen employed thereon, and as to the compliance of the Contractor with the orders and directions of the Engineer and as to the construction and effect of this Specification and such written instructions drawings plans and sections as aforesaid and the compliance or non-compliance of the Contractor therewith and as to all other matters arising under this Contract the decision of the Engineer shall be final and conclusive upon both parties.
Without extra charge or extension |-| style="vertical-align:top;" | 50. Materials etc. to be property of timeCompany || All materials, trees, timber and all crops upon the site of the Works shall be the property of the Company and as many of them as it may be necessary to remove for the execution of the Works shall be removed from the Works by the Contractor who shall deposit them in such place of safety as may be directed by the Engineer.
Company may cause imperfect works to be removed|-In case the Engineer | style="vertical-align:top;" | 51. Penalty for delay incompletion || The Contractor shall at any time during complete the progress whole of the said works be of opinion that any part of said works is being executed unsoundly or imperfectly, or not with proper materials, or in any respect not comprised in accordance with the Specification, drawings plans or other instructions respectively, given by the Engineer this Contract to the Contractor, or shall at any time after the completion satisfaction of the said works and during any period referred to in Clause 10 be of opinion that any works done by the Contractor have been executed unsoundly Engineer on or improperly or not with proper materials or have become unsound, or imperfect by reason of accident or from any cause not being before the act or default 31st day of the Company October 1875 and for every days delay in ase so completing the Engineer shall thereupon give the Contractor a notice in writing requiring him cause such part of the said works to be taken down and removed and to be re-executed properly, and with proper materials according to the Specification, drawings, plans, or other instructions then the Contractor he shall forthwith comply with such notice, and do the several matters and things thereby required of him forfeit to the satisfaction of the Engineer without any extra charge and without any extension of the period for teh completion of the said works in respect thereof, notwithstanding that before the giving of such notice any payment may have been made company by the Company on account way of such works so objected to, or any Certificate may have been given by the Engineer of the due execution thereof. And in case the Contractor shall not within ten days after the receipt of such notice have duly complied therewith ascertained and executed the works thereby required or commenced and diligently proceeded with the sameliquidated damages, the Company shall be entitled to cause the works so objected to, to be taken down and removed and to be executed properly and with proper materials and for that purpose to expend such sum as as the Engineer may consider reasonable and proper and to recover the money so paid from the Contractor in manner provided by Article 46of Twenty pounds.
44 If Contractor neglects to complete works or become bankrupt or underlets the Company may take Works
If the Contractor from any cause not attributable to default on the part of the Company neglect or omit to proceed with and complete or be prevented from or materially delayed in proceeding with and completing the said Works in accordance with this specification or if he shall become bankrupt or insolvent or enter into any arrangement with his Creditors or shall without such consent as hereinbefore mentioned assign or underlet the work or any part thereof except as hereinbefore mentioned the Company shall be entitled on giving fourteen days notice of such their intention or in any case of emergency without any such notice to take the said works entirely out of the hands of the Contractor.
45 In case default made as mentioned Company to be at liberty to let contract to others and provide plant &c|-| style="vertical-align:top;" | 52.In case the Contractor shall make any such default as aforesaid and the said Works be thereupon taken out of his hands of the Company shall be at liberty to contract with and employ any other person or persons Contract to proceed with and complete teh same to provide all such plant and material in addition to the plant and materials then being upon the works or upon any land of the Company near or adjoining thereto as may be required for such work executed and materials such amount as may be agreed upon or may be reasonable and to use or employ all machinery plant machinery tools and articles provided or supplied by the cost equally divided || The Contractor and then upon the site of the said Works or upon any land adjoining or near thereto and all such payments as may will be required to be made and shall in fact be made by the Company for or in relation to teh further execution and completion of the said works and the entire fulfilment of the engagement undertaken by the Contractor in and by the contract execute a Contract to be founded upon this Specification and also such sum as may be agreed upon or determined prepared by the Engineer to be reasonable compensation to the Company Solicitors for any loss or delay occasioned to them by such act or default of the Contractor may be deducted by the Company as teh case may be out of any monies remaining in their hands under and half the provision Cost of these presents and in case the money so remaining shall be insufficient for such purpose then the amount or deficiency as the case may be Contract Deed shall be repaid borne by the Contractor to the Company on demand but if on the other hand after the Company shall have made all such deductions there shall remain in their hands any balance due to the Contractor under these presents the balance shall be dealt with and applied as the Company may think fiteach party.
46 Moneys payable by Contractor may be deducted from Contract moneys
In every case in which by this Specification provision is made either for the payment of money or for the incurring of expenses by the Company which are to be repaid by or recovered from the Contractors the Company shall be entitled to deduct the amount thereof out of any money which may be then due or may at any time thereafter become due to the Contractor from the Company or to sue for and recover the amount or the balance after any such deductions as the case may be as a debt due from the Contractor to the Company
47 Extension of time to Contractor if Works delayed by act of CompanyIf the Contractor shall be prevented from or materially delayed in proceeding with the execution of the said works or any of them after receiving written notice from the Engineer to commence or proceed, with the same or any of them by reason of any act or omission of the Company such prevention or delay shall not vacate the contract or otherwise affect the same except that in that event the Contractor may within a reasonable time not exceeding one calendar month from the time when such impediment commenced make an application in writing addressed to the Secretary of the Company for an extension of time by reason of such prevention or delay, and for compensation for any loss or extra expense which may be occasioned to him thereby And if the Company shall refuse or negletct upon any such application to grant such extension of time or to make such compensation or if the Contractor shall not be satisfied with such extension of time or compensation as may be offered by them, the question whether any and if any what extension of time or compensation should be granted in respect of such prevention or delay shall be referred to and decided by the Engineer. 48 Notice to Contractor to be given in writing and signed by Secretary or the EngineerThe Notices to be given to the Contractor, under the provisions of this Specification, shall be in writing and shall be signed by the Secretary or the Engineer or the Resident Engineer, and shall be deemed to have been sufficiently given and served, if either left at or sent by post to the Contractor, at any place of business or office of the Contractor /20 upon or near the site of the said works, or if delivered to the principal Foreman of the Contractor for the time being employed at or upon the said works 49 Matters relating to progress of Works etc. to be decided by EngineerUpon all matters and questions relating to works under the Contract with respect to the quality or mode of execution of the works and as to the progress of the works, and as to the sufficiency of the Foreman or Workmen employed thereon, and as to the compliance of the Contractor with the orders and directions of the Engineer and as to the construction and effect of this Specification and such written instructions drawings plans and sections as aforesaid and the compliance or non|-compliance of the Contractor therewith and as to all other matters arising under this Contract the decision of the Engineer shall be final and conclusive upon both parties. 50 Materials etc. to be property of Company.All materials, trees, timber and all crops upon the site of the Works shall be the property of the Company and as many of them as it may be necessary to remove for the execution of the Works shall be removed from the Works by the Contractor who shall deposit them in such place of safety as may be directed by the Engineer 51 Penalty for delay in completionThe Contractor shall complete the whole of the works comprised in this Contract to the satisfaction of the Engineer on or before the 31st day of October 1875 and for every days delay in so completing the works he shall forfeit to the company by way of ascertained and liquidated damages, the sum of Twenty pounds. 52 Contract to be executed and cost equally dividedThe Contractor will be required to execute a Contract to be prepared by the Solicitors for the Company and half the Cost of such Contract Deed shall be borne by each party.|}
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