The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-13
GRANT WILL FINISH IT.
One Of the Contractors for the HIrh
School Building Ready to
Proceed.
County Attorney Nolan Advises
Trustees Of Their Rights
and Duties.
plctc the Structure without any
Furthsr Delay.

The school trustees inst yesterday to take
some action in the interest Of completing
the high school building. Contractor Grant
and his counsel, Judge Atkinson, were
present, and County Attorney Nolan was
thsls ~ the lsgnl adviser Of the board. Ths
county attorney had besn asked by letter to
define the rights Of tho board and Of the
contractors; also 10 give his opinion ~ to
the legality Of the steps already taken BY
the board in endeavoring to got possession
of the building, and whatever advice might
be pertinent regarding future action by tho
board. The reply of the county attorney
was read by himself at Yesterdays meeting
of the board. After quoting tbs sections Of
the contract relating to extra work, and to
the failure Of the contractors to proceed
with the construction, Col. Nolan says that
there has evidently been = departure from
the letter of the contract in the erection
Of the high school building; changes have
been made involving an additional expend-
iturs Of money, and tho architect in charge
has no estimate therefor, and the claims
HAYS been favorably considered by the
trustees. "There can be no doubt he
continues, but that the contractors would
have a valid claim against the trustees for
the additional work tone in consequence Of
the changes made, even though the facts in
connection with such work showed that
there was not a strict adherence to the pro-
visions of the contract" Further on he
says: IF suoh a course would obviate liti-
cation and tend to disentansls tho compli-
cations now existing, / would heartily en-
dorse the recommendation made by the
architect in his letter to the board to tho
eject that an allowance DO made according
to the terms Of the contract, and TO the ex-
tent the, Elm provided. for the work actu-
ally performed, and for which they arc en-
titled to compensation; provided, however,
that the school trustees are assured OF the
fact that all claims which would be .
charge against the building have been
liauidatsd." In this connection the county
attorney does not advise the board to con-
slider all claims made by the contractors.
some OF which he is satisfied are g%roundless
and without merit.
''There can be no doubt" says Col. No
Ian in his opinion, 'that the trustees have
the right to enter upon the premises and
themselves engage in the work of complete
ing the building, and in case they do this,
and no satisfactory arrangement can be
made with the contractors by which the
building can in q reasonable time be com
pleted, I would recommend under these
circumstance for their direction, that they
retain the money now in their possession,
so that they will be able to meet tho ex-
penaes named in the compilation OF the
building and provide for the payment Of
those claims, some of which are now evil
dent by liens upon the building itself"
IT do not think" tbs county attorney
proceeds, that the board is disposed to be
unfair or unreasonable in the consideration
or the claims OF the ont actors, and ii a
disposition is manifested and assurance
given that the contractors will complete
the building within II reasonable time and
in accordance with the terms of the con-
tract, the board will be disposed to aocede
to their request. 1t would be proper then
for the board, if those claims presented by
the contractors are presented in accordance
with the provisions Of the contract, to make
allowance for suoh work; and if the board
is assured that they will not incur any inan-
cial risk in making the payment, it would
be proper for them to do so. But before
slider whether any claims are outstanding
against the building itself, and whether,
when the building is completed, they will
have any claim for damages against the
contractors; for if such ia the case, then,
under the terms of the contract, they
would be justified and it would be their
duty to retain that money as a protection
to themselves and as a means by which
they could be reimbul sed for any loss ocoa-
stoned by the wrongful conduct Of the con-
tractors.
ION the other hand, if the contractors
DO not evidence a disposition to present
their claims so that they can be intelli-
all means it would be the duty of the bonrd
under the letter received from the architect
to enter uEon the premises themselves, and
to complete the building with oil reason
able dispatch.
$50 far as the legal question involved is
concerned, as to tho right Of the board IN
der the circumstances to 60 upon the prem
1898 there can be no doubt. Even though
there had been a breach OF contract on the
part Of the trustees, the contractors would
not have the right to suspend operations
and retain the custody and control OF the
building and defer its completion indef-
nltely; for even in that instance the board
would have the right Upon the proper certi-
tioation that the work was not prosecuted
with diligence, to enter upon the premises
and procure material and complete the
building as the contract speciies."
Contractor Grant. who was present, said
he had two good bids for the completion Of
the work. Judge Atkinson. attorney for
Contractor Grant, said that, owing to oir-
cumHtancss which it was not necessary to
detail, the contractors could not go ahead
and finish the building as q firm. Mr.,
Grant had arranged the matter with Mr..
Whalen, his partner. Judge Atkinson was
satisfied that Mr.. Grant could get the
proper backing to 90 ahead and finish the
building. Mr.. Grant promised to try and
get tho assignment of the contractor Is to the
bank in such shape that it would
not prevent the trustees pnying him us the
work progressed. The board meets again
Monday. 1t is believed now that matters
are in tair shape TO have the high school
building completed by one of the con-
tractors. .-~a.
Fresh grass and garden seed of all kinds sold
ut low prices by t. Z. Power 4 Co.
Remoyal-Dr. Norris has removed bJR
Office to the Power block. rooms
$40 and 81 l, third unoe