New-York tribune., 1890-06-12
SETTLING AoUsDUcr Accouxrx
o'BRIES CLARK GIVE NOTICE or ANOTHER ma
CLAIM AGAINST rHE CITY

Tho Aqueduct Commissioners. on the report Of n.
Chief Engineer yesterday accepted Section q ~
new Aquednct from smith a Brown, the contr>ctor,
and Section II, from Richard J. Malone, the con.
tractor Of that section and requested the CDno,l.
to pay the final estimates upon the same without a.
duction Of overtime The commission passed The Al.
lowing resolution, the effect Of which ID TO reeass !.
Brown, Howard d Co., and TO oBren Clark, Aque
duct contractors, nearly u 100000:
Whereas, the Counsel for the Corporation has tr.s.
mttted, with his approval, an opinion by the Non
James c. Carter special counsel dated May 49, 70 hs
effect that the stipustions contained in the Aqueduet
contracts are not enforceable and that there no MAJ
in the city to deduct from any nnaI payments which
have become due on such contracts the sum a
u 900 per day for tho failure completely to ps.
form them within the time fixed by the contrasts A.
the same were enlarged BY the subsequent extension
but that there is clear liability resting upon the ssv
eral contractors to pay any actual loss or damas~
which the city may be shown to have sustained by
reason Of the failure. and that such claim for dauAxss
may be deducted from the hnal payments. upon ths
severl sections upon which said failures to perform
have occured; and
Where's, In the opinion Of the Aqueduct Comnis.
sioncs the actual damages proyable upon the seves,
sections already accepted and for which final estimates
have been submitted to the Controller ere Is iooss:
Section 2, $2e,1o3; Section 3, s1s.542; Section l.
s22,ss1 Section 5, s1492s; Section z. s37 s00 So
ton 8, s23 GIG; Yonkers gatehouse, nothing;
Resolved, That copy Of Mr. Carter's opinion and
the Corporation Counsers letter DO transmitted to the
Controller. and that he be advised and requested 10
pay to the several contractors Of the sections named
the sums appearing to be due them by final esu.
mates for said sections less the amounts herein b.
fore specified the amounts Of actual loss damage
provabe upon said sections, respectively.
The amodhts which will be released and paid b
the contractors under the above resolution are II
Brown. Howard Co., on section .. s255,7oo; %
Section 3, S108455; on Section 4, $4,000, and on
Section s. S57 572; total, $735,7I2 To 0Br.en &
Clark, on Section 4, s165, $50; and on Section 8,
Sl65767; total, S341 1896
Another resolution was adopted. which allows
S1o4O00. The resolution recites the former action M
The Commission Of october Is, 1855. by which the
Controller directed to withhold from Brown. How
ard a. Co., their receiver, Walston ii. Brown, from
the face Of their estimates sections 2, 3, and
of the Aqueduct, $l2G,223, on account Of de-
fective work. and the further Of S1244l7 SO for
overpayments; and makes the further statement that
these sections now fully completed and accepted
therefore, the Controller Will pay TO Brown, Howard
& Co. the $124,4l7 53 withheld. The other sum has
been adjusted In the final estimates.
served notice upon the Aqueduct Commission and Con-
troer Myers yesterday that they claim something
30, ,5O0,O 600 upon Sections and 3, which have been
accepted by the Commissioners, over and above the
sum of o., 100000 heretofore paid them upon said
sections. II the claim Is not settled within thirty
days Mr. Lovat says that lie will bring suit 10 enforce
the collection. Itemized bills accompany the demand