New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-05-18

does not warrant the Indications OF the borngs 10 be
correct In other word, the Commissions eyes do
ho' enable 1t 10 SEQ 100 feet below the cartll's sur
iacc any better than other peoples. They can only
Judge Of what /, there by appearances. These they
are willing to describe for whatever the description
may be worth. but Of course they warrant nothing.
Inc contractors must take their chances. In view of
tins clause in the contract the Commission has re
fused to audit Brown, Howard q Co.'S claim Of
FlOooOo, and as IL is fair sample Of all the extra
charges 1t cannot surprise any one that the con
tractors prefer 10 take their bills before friendly
board of arbtrators' rather than before an impair
tal court.
The place spoken of in this 100000 item. Gould
swamp j. pcc" of low. soft ground. The oHsihaI
borings Inclined the Chief Engineer TO think that IL
would bet Doe crossed by an open cut but the con
tractors had gone far before they discovered quick
sands. and the engineer directed them u tunnel out
under the swamp thus abandoning the open cut
scheme For THIS change Of plan the contractors, IN
addition TO the 100000 already spoken of charged
as compensation for having been deceived, demand
ro'oOo Tor The extra work done upon the open cut
plan. Sii,442 additional cost by extraordinary
change In plans for sinking 44I.i2 linea feet of in
cline 10000 additional cost by extraordinary
change In plan for tunnel excavation under Gould
swamp and ~ 600 additional cost for eXcavatlng
small DRIFT, total additional costs, SoO,142. These
charges are not made. be it understood, for the actual
work Of excavation and sinking incline at Foull
swamp All that is charged for In the general Item
for excavation. This S-Oi42 is demanded merely upon
the assumption that the engineers change OF plan
Involved that much additional cost to the con
tractors. For>ccing just such situation however
the contract which Brown. Howard ~ Co. signed for
Section No. , contains two sagacious clauses. one
section nine on page tenn. j, IN these words inc
place, where 1t +, believed that the excavation
Is to DO in tunnel where open trench, and the
limits Of each. are shown upon the plans, but If,
In the opinion OF the engineer the nature Of the
a"ra TO be cyca"atcd at any point or the conditions
Of the case, shall render IL advisable he may rcfur'
the excavation 10 be made in tunnel, although
the plans Indicate that 1t Is t. be made IN
open trench, and vice versa This clause
a any one may see, cqup, the engineer
with Just the authority which he exercised AZ Gould
swamp. The second clause. which cover, the " adj
dlroual cost' prcton-ion oClau,c ., on PAGE 90 IS
an enumeration of the prizes which shall be charged
and allowed for al the various kinds and class, Of
work performed by the contractors. II begins III
these words: And the party Of the second part
that is. the contractors hereby agree 10 receive the
following prices full compensation for furnishing
all the material, not found u the work. and for iab"r
and u,c Of tools and other implements necessary for
executing the work contemplated In this contract
also for al los. damage arising ont Of the nature
of tAc work. or from the action II the elements. or
from any unforeseen Instructions or dicultc, which
MAY o." encountered h the prosecution Of the WORK.
and Tor an risk, Of every description connected there
with. also for an expense incurred ty OF in 'on-e
quencc II the SUSPENSION or dIscontinHance OF 7au
work a, herein specified and f'r we'll and iait'iuil
COMPETING tie work. and the whole thereof. accord
Ing to the plans and specifications, and the require
mcnts II the engineer under them II "t' lucky
dly TO- the city u New York when these clauses
werc inserted In the contract. and In vie" oi them
brown. Howard ~ co.'s charges Of $-oAi2 for " addI
tional costs NJ Gould's swamp have not been al
lowed - the Commission.