1st Division 29 November 1990. Case concerned a civil engineering contract based on conditions laid down in ICE Conditions of Contract (5th ed. June 1973; as revised January 1979). Several questions were raised; firstly should tests ordered to be carried out by the engineer be met by employer (Ss) or the contractor (H); secondly if the engineer was entitled to deduct a charge on measured work in his monthly certificates the cost of testing incurred by S; thirdly if S reimburses the charges was H entitled to interest on cost of tests and fourthly was H entitled to interest on sums claimed in respect of dayworks waiting to be certified by engineer. It was held that the costs of tests were to be borne by S, the engineer was not entitled to deduct the cost of tests from the amount due to H and as the engineer should not have deducted the cost from H who was entitled to interest and that H`s claim for interest on dayworks was premature.