ABSTRACT

Even in the absence o f an express term o f this k i n d in the contract , an engineering contract is not normal ly affected by the death o f the employer. This is because the employer's assets remain available in the hands o f his personal representatives to meet the contract payments so that the contractor does not suffer by having to perform the contract despite the employer's death. In the absence o f a specific term a contract w i l l come to an end on the death o f the contractor if , as w i l l very often be the case, the circumstances show that the exercise by the contractor o f his personal ski l l and judgment in relat ion to the construct ion o f the works was to the employer a material consideration in entering in to the contract w i t h h i m .