Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-14
rHE CONTRACTORS SUSPEND WORK.
The Government VIII Now Complete the
New Observatory BuildingA

New ODoorvatOry Buildings
AFTER An UNFORTUNATE KxPERIEScE THE cox-
TRACTORS GO on RECORD AS FAILINa-oNLY
A LITTLE LEFT TO BE DONE AND SUFFICIENT
MONEY ON HAND-oosr OF THE BUILDINGS
The contractors for the new Naval Observa-
tory, now in course of construction on the
heights above Georgetown, have abandoned the
work as bad job, and the government is now
taking an inventory of the materials on hand
and the state Of the construction in order to
ascertain the exact amount that will be needed
to complete the buildings. The contractors
have been on the ragged edge for some time,
and as long ago as August they notified the
department that there was danger that they
could not continue with the work.
Their case is q peculiar one. They have
been on the verge Of abandoning the work for
more than six months, owing to misfortunes
that they encountered in the earlier progress
OF the contract. The unfortunate firm is Nc
Laughlin Co. of this city, with offices in the
Corcoran building. The members are Patrick
H. Mclaughlin, Augustus Davis, jr., and John
r. Craig. They were the lowest bidders for
the work, and their proposal to construct the
entire plant for the sum of 1907 ,Sll was &C
cepted June 20, 1883, by Secretary Whitney.
For the first few months the work was con-
Quoted smoothly, but there was trouble ahead.
TROUBLE WITH A SUPERINTENDENT.
The architect of the building, Mr.. Richard
NJ. Hunt of New York, appointed man named
Grant as the superintendent of construction.
Grant, the contractors claimed, was a retired
tailor and his knowledge of housebuilding. and
especially his acquaintance with mortar, stone,
cement and such materials, was hardly suffi-
fpr inn, fnrata
Among other things that the contractors
charged Grant with was persistent and I'M
necessary rejection of materials that had
passed every test and met every requirement
For example, 1t was common thing. Messrs.
Mclaughlin Co. say. for MIR. Grant to con-
denim an entire car load OF cement. which
would be straIghtway hauled back to town and
used at the Congressional Library work after
passing the most severe inspection. The cart
ing and handling cost considerable and the
rejection OF SO much material tended to delay
the work.
Then there was trouble at the buildings over
the employment of certain workmen. cul-
minatlng in an order from Grant excluding
Mclaughlin s experimentation the grounds.
The contractors finally presented charges Of
incompetence against Grant to the Secretary
OF the Navy and the result was another super
lntendent was appointed. and he, it is claimed,
has given satisfaction to both sides.
But the main damage, according to the con-
tractors, had then been done. and the work
was so far delayed that the contractors were
Obliged to ask for two extensions of time, their
petitions being granted in each instance.
The QUESTION OF TIME.
Under the terms of the contract the entire
plant was to have been completed within
eighteen months from the date of the award.
or December 81, 1889. The various extensions
granted brought the last date for completion to
September l, 1891, and the contractors had
hoped to be able to complete by that day. About
four weeks ago they wrote to the Secretary
OF the Navy asking that all future payments
upon the observatory be preferred to Mr.. John
Marbury. Jr., well-knOwn Washingtonian,
who, in spirit of friendliness, had
advanced some large sums to the firm to aid
them In their enterprise. BY this preferment
1t was hoped that the work might go on to full
completion. At that time the walls and roofs
OF the buildings were all done, the interior
work was almost finished. and the remainder
that was yet to be accomplished might have
been worked out in fortnight. But this letter
to the Navy Department contained confession
OF the danger In which the contrac-
tors stood, and the authorities began to
examine into the case. 1t was seen that
the firm was really unable to go ahead and SO
after some correspondence the contractors
finally wrote to say that they had decided to
go on record as failing bidders and to turn the
work over to the government.
PROVISIONS OF THE CONTRACT.
There is a clause in the contract covering the
circumstances of abandonment of the contract
in the following terms:
'In case of the failure of the parties of the
first part at any stage of the work prior to final
completion. from any cause or causes other
than those specified In the tenth clause of this
contract to go forward with the work and make
satisfactory progress toward its completion
within the prescribed period. it shall be OBJ
tional with the Secretary Of the Navy to declare
this contract forfeited. The parties of the first
part shall thereupon acknowledge themselves
to be justly indebted to the United States, as
for liquidated and ascertained damages, in a
sum equal to the aggregate amount of all ad-
vanced payments heretofore made to them
for or on account of the work to be done under
this contract, and do further covenant and
agree to refund the same on demand or within
sixty days thereafter. and that the United
States shall and may hold as collateral security
for such refund the buildings. APP
purtenances, materials and fittings or
SO much thereof as shall then have
been constructed or furnished or as shall
be on hand for the purposes OF construction.
The Secretary of the Navy shall thereupon
cause to be taken and filed full and complete
statement and inventory of ali work done or
commenced In, upon or about the buildings
appurtenances and fittings and of all materials
on hand applicable thereto, and shall cause the
same to be duly valued bya board consisting
OF not less than i've persons qualified by knowl-
edge and experience for the discharge of their
duties, to be appointed by the Secretary of the
Navy, which board shall proceed without I'M
necessary delay to examine such work and ma
terials and ascertain and declare the fair mar
ket value thereof, including reasonable and
customary margin of profit upon SO much of
the work as shall have been at the time such
forfeiture Is declared satisfactorily performed,
and upon such examination the parties of the
first part may attend in person and by counsel
and submit such evidence as tho board may
deem proper.
Upon receipt of the report and finding of
said board the Secretary Of the Navy may,
In his discretion, proceed to complete the
buildings, appurtenances and all other work. in
accordance with the contract, drawings. plans
and specifications, using for that purpose all
suitable materials on hand and included in the
inventory aforesaid; and the title to said build
ings, appurtenances and fitting, or SO much
thereof as shall have been completed, and to
all such materials. shall forthwith vest in the
United States; and the parties Of the first part
do hereby covenant and agree that on receiy-
ing notice of the intention of the Secretary of
the Navy to proceed to the completion of
the work they will surrender the same and all
materials on hand, together withau machinery,
tools and appliances appertaining to the work
and heretofore used or necessary to be used
in and about the completion Of the same.
I'm case the Secretary of the Navy shall pro-
coed under the foregoing clause to complete
the work such procedure shall be without un-
necessary delay and shall be at the risk and ex-
pense OF the parties Of the first part who shall
be chargeable with any increase in the cost of
materials or labor incurred by reason of their
failure to perform the contract"