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Because completion must be in the future, it is necessarily implied that the action is in the future even though the verbs are in the present or in the past tense. 5 Arrangement of a Sentence The variety of subject and content in engineering contracts ranges from complex legal clauses concerning the vesting of goods in the DRAFTING ENGINEERING CONTRACTS 25 Employer, as a safeguard against the Contractor’s bankruptcy, to simple instructions such as— The Contractor shall remove from the Site, without delay, all cement which has deteriorated.
17 “Such”, “Said”, “Same”, “Because of” These are all words which should either be avoided or be used to only a very limited extent. In many cases they merely represent ancient forms of legalese which are gradually going out of use. The construction “such…as” used, for example, in the following extract from Clause 7 of the ICE Conditions— “The Engineer shall have full power and authority to supply and shall supply to the Contractor from time to time during the progress of the Works such modified or further drawings and instructions as shall in the Engineer’s opinion be necessary…” is a proper usage of English and is not included in the strictures on the use of “such”.
It is not necessary to say— “If the Engineer shall be of the opinion that any part of the Works shall have been substantially completed and shall have satisfactorily passed any test…”. (ICE Conditions) It is more satisfactory to say— If the Engineer is of the opinion that any part of the Works has been substantially completed and has satisfactorily passed any final test…. Because completion must be in the future, it is necessarily implied that the action is in the future even though the verbs are in the present or in the past tense.