Contractor

“ In inspecting any work done under contract you are to assume that the contractor is bound to carry out in good faith the plans and specifications attached to his contract, and that he may be, and must be, held to a strict compliance with them unless you receive instructions to the contrary from the engineer. ”

“ When, therefore, one exercises an independent employment, selects his own help and has the control of them, and the method of conducting the work, he is an independent contractor. Again, he may change his relation for a time, and become an employee, or he may be a contractor for a part of his service and an employee for a part. Thus, one who was injured while operating a launch to bring supplies to a dredge for his employer was an employee and not an independent contractor, though he was one in conducting the work of dredging. ”

“ The contractor to provide all stone, materials, tools, implements, horse and cart hire, and pay all railway dues, freightages, etc., and also to provide all labour of every kind for properly completing the work to the full and entire satisfaction of the surveyor. ”

“ Before final acceptance, the contractor must furnish evidence to satisfy the Department that all the material used by him, his sub-contractors, or his agents, has been fully paid for and all laborers and other employees working for him, his sub-contractors, or his agents, have been fully paid. ”

“ Eager to win his reward, he opened in business as a contractor. It is said that foresight, level-headedness, and a power to calculate to a mathematical nicety the pros and cons, are indispensable to a contractor. ”

“ If the plans and specifications for any work which a contractor bids upon are so full, specific, and clear, that he may know exactly what he will be expected to do, and if they do not require him to assume unusual chances and risks, he may intelligently name prices which he believes will compensate him for the service. Having done so, his proposal having been accepted, and a contract entered into accordingly, the engineer and the municipality have a right both in law and equity to demand that he will do exactly and fully what he has contracted to do. ”

“ After providing that the contractor should furnish certain materials for construction, the contract read:
'The United States of America to furnish at its present location on the reservation at United States nitrate plant No. 2 all other construction materials, the contractor to perform all necessary labor required in transporting such materials to the proper place of for use in construction, the United States of America at all times to furnish the necessary right of way for ingress and egress to the place of present storage of such materials and the place of ultimate use in construction. ”

“ Even if you find one that has money, and means to drill, he’ll maybe know nothin’ about drillin’, and have to hire out the job on contract—and then you’re dependin’ on a contractor that’s tryin’ to rush the job through, so as to get to another contract jist as quick as he can. ”

“ In a broad, generic sense a subcontractor includes anyone who has a contract to furnish labor or material to the prime contractor. In that sense Miller was a subcontractor. But under the more technical meaning, as established by usage in the building trades, a subcontractor is one who performs for and takes from the prime contractor a specific part of the labor or material requirements of the original contract, thus excluding ordinary laborers and materialmen. ”

“ So that when a man bids for more than one route, for instance, a hundred or a thousand, and gets them and carries them all absolutely according to his contract but one, he can be declared a failing contractor on all. What does that mean? It means not simply ruin to him, but ruin to every one of his sureties, unless they are in a condition to go on and carry the mail. I want you to understand something of the obligation of a contractor with the Government of the United States. ”

“ If a contractor be required to turn out a product which shall conform to certain standards, he may properly be given much, if not full latitude, as to how the stipulated results shall be secured, and may be held fully responsible for the outcome ”

“ Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. ”

“ 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. ”

“ Even where the contractor thoroughly understands his business and intends to faithfully comply with the specifications and to do all his work in a proper manner, the inspector cannot safely be dispensed with. The contractor cannot at all times be on the work; whatever may be his intention and instructions, foremen and laborers cannot be depended upon to exercise the proper 92care and judgment, even where they have no inclination, motive or interest to do otherwise, which is not always the case. ”

“ The case, I imagine, would be, that some manufacturer or other would be the man I should have for my contractor—a man who, being engaged in some sort of business that was easy to learn, and doing pretty well with as many hands as he was able to get upon the ordinary terms, might hope to do better still with a greater number, whom he could get upon much better terms. ”

“ The contractor will comply with all provisions of the Secretary's Notice, and related rules, regulations, and orders of the Secretary of Labor. ``3. In the event that the contractor does not comply with any of the requirements set forth in paragraphs (1) or (2) above, this contract may be cancelled, terminated, or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in or adopted pursuant to Executive Order [number as provided by the Federal Register] of [insert new date] . ”

“ If I commission a work from a man, ordering a work specially for my purposes, and I pay for it, what difference does it make whether I put him under an employment contract or establish an independent contractor relationship? ”

“ Then there are the contractor and sub-contractor; the man who failed to get the contract he wanted, and the man who is planning to get the next contract. There is the ex-agent, who corresponds with the employés and Indians, and criticises his successor, and the man who wants to be agent, and watches for a lever to oust the incumbent. (There are always twenty of them!) There is the dissatisfied employé, who corresponds with outsiders about agency affairs, and the meddlesome clerk at Washington, who gives him private assistance. ”

“ The defective track on the right of way was evident to the contractor when it made the contract, and the reasonable construction of the contract is that the contractor, in order to avail itself of the right of way, with constant ingress and egress, took over the track as it was as part of the equipment for transportation, just as he did the locomotive and cars, and as it found it, with sole responsibility for placing it in working condition and maintaining it for its use. ”

“ If such contractor should by accident be a carpenter, or an owner or vendor of lumber, yet he deals not with the owner in this capacity, but as an undertaker, who has covenanted for his own securities.
The title to this act shows its policy and intention. It is to secure, to 'mechanics and others, payment for labor done and materials found;' and the persons enumerated in the first section are, plainly, those mechanics and tradesmen whose personal labor or property have been incorporated into the building, and not the agents, supervisors, undertakers, or contractors, who employed them. ”

“ In such circumstances the hirer defers to the special qualifications of the contractor in both the selection and use of the equipment. Relying on the supplier's control of the work and with confidence in the supplier's expert knowledge and competence, he makes at most only a routine inspection of the equipment employed. ”

“ And this because prime contractors are subject to liability under the workmen's compensation statute, which states: 'Any person who has work done under contract on or about his premises which is an operation of the usual business which he there carries on shall be deemed an employer and shall be liable under this chapter to such contractor, his subcontractors, and their employees, when injured or killed on or about the premises of the employer * * *. ”

“ In the case of a judicial or administrative action taken against a prime contractor, subcontractor, or non-governmental organization, the report shall identify the prime contractor, subcontractor, or non-governmental organization and the action taken against the prime contractor, subcontractor, or non-governmental organization. ”

“ The contractor, under the circumstances, could acquire no greater interest in the road than was held by the company. He did not exact any formal conveyance, but if he had, and one had been executed and delivered, the rule would be the same. ”

“ But if the contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects in the plans and specifications. ”

“ A contracting officer, Labor Compliance Advisor, and the Department of Labor shall be available for consultation with a contractor regarding appropriate steps it should consider. Such action may include appropriate remedial measures, compliance assistance, and resolving issues to avoid further violations. ”

“ The practice of inserting, either in the specifications or the contract, a clause making the engineer judge and arbiter in any differences that may arise between the city and the contractor, and providing that his decision in all such cases shall be final, is as unwise as it is often illegal. ”

“ In such circumstances, whether the contract is valid or not, the contractor is accountable to the contractee, up to the amount of his undertaking, for the proceeds coming to his hands from the contractee upon the inducement of the contract. ”

“ The Contractor shall act as the purchasing agent of the Government in effecting such procurement and the Government shall be directly liable to the vendors for the purchase price. The exercise of this agency is subject to the obtaining of approval in the instances and in the manner required by subparagraph (c) of this article. The Contractor shall negotiate and administer all such purchases and shall advance all payments therefor unless the Officer-in-Charge shall otherwise direct. ”

“ The problem of differentiating between employee and an independent contractor or between an agent and an independent contractor has given difficulty through the years before social legislation multiplied its importance. ”

“ The head of an executive agency may impose remedies as provided in this subsection in the case of a contractor under a contract of the executive agency if the head of the executive agency finds that the contractor:
(i) Has furnished under the contract products that have been mined, produced, or manufactured by forced or indentured child labor or uses forced or indentured child labor in the mining, production, or manufacturing operations of the contractor ”

“ Pemberton, the contractor, to protect himself when he doesn't know his man, bids pretty high, and then the favored contractor can safely go a good bit lower. He has an understanding with the architect, maybe, and it all depends on how the specifications are going to be interpreted. ”

“ A general view of the approach during construction is shown by Fig. 1, Plate XXV.
Contractor’s Organization.
Table 6 shows approximately the number of men employed daily on the tunnel lining, by both the contractor and the sub-contractors, their occupation, the average rate of wages and the total daily expense for labor when the work was in full swing. ”

“ In negotiating transport operations, which of themselves entail neither profit nor loss, a contractor is quite justified in calculating on present or probable advantages which may result from the whole of the operation ”

“ The contractor, who keeps these tommy-shops, is generally a gentleman, a man of great property, who takes some four, five, or seven lengths to do. Well, with such goings on, in course there wasn’t no chance in the world for us to save a halfpenny. ”

“ Because the mechanics and material-men are, by the law, expressly authorized to institute proceedings against the contractor, the basis of which is, that they have found and provided the work and materials for the building. ”

“ The Contractor shall only tender for acceptance those items that
conform to the requirements of this contract. The Contracting Officer reserves the right to inspect
or test any supplies or services that have been tendered for acceptance. The Contracting Officer
may require repair or replacement of nonconforming supplies or reperformance of nonconforming
services at no increase in contract price. ”