The Helena independent., 1892-04-12
COL. NOLAN WAS RIGHT.
Ex-Gox Carpenter sustains Ills
Opinion on the High School
Matter,
The Rights or tho Trustees and
Those of tho Contractors
Defined.

i |
circumstances Under Which tho Hoard
Can Take the building and Push
Itto Completion.
The meeting OF tho Helsnn school boa,d
called for yesterday did not take place,
Chairman Lanahorne being sick and several
others OF the trustees bsing unnyoidnbiy 7
kept away. County Attorney Nolan was
ready to submit his report on tho result Of
his consultation with ex-Goy. Carpenter as
70 the r lights OF tho bontd, and those OF =.
Il. WhAlen and j. ID. Grant, the contractors
for the high school building. The report
Was to have been oral. Gov. Carpenter,
after going over the situation with County
Attorney Nolan, and examining that officer's
opinion, given to the trustees nearly a
month ago, came to the conclusion that
that document accuratsly summed up the
matter, and that it was not necessary to
writo another. Col. Nolan, in the opinion
mentioned, said: "rhere can be no doubt
but that the contractors would have valid
claim against the trustees for the additional
work done in consequence of the changes
mnds. evsn though the facts in connection
with such work showed that thore was not a
strict adherencs to the provisions OF the
contract"
Speaking Of the possibilities OF the trus-
tees and the contractors arranging their
differences as to what each considered due,
Col. Nolan said: IF such course would
obviate litigation and tend to digsntanRls
the complications now existing, I would
heartily endorse tho recommendation made
by the architect in his letter to the board
to the effect that an allowance be made ac-
cording to the terms of the contract, and to
the extent therein provided, for the work
actually performed, and for which they are
entitled to compensation; provided, how
ever, that the school trustees are assured of
the fact that all claims which would be q
charge against the building have been liqui
dRted.''
At the same time neither Col. Nolan nor
Gov. Carpenter will advise the board to
tractors. Some of these claims they con-
slider Rroundleas and absolutely without
merit. The two attorneys went over the
itemized bill presented by the contractors.
They found that tho board owed the con-
tractors something like $4,000 on the reg
ular colitr&os, ana not oV6r Ho,uoU or U4,Uou
for extras ordered. Some extras, they
found, had been charged for by the con-
tractors at higher figures than the board
thought just. According to the contract,
the matters in dispute were subject to ar
bitration. Part Of the bill for about $50
600 for extras was $4,000 of chang
ing the character of masonry from
rubble stone to rag rustic. There was also
claim for about $4,000 for profit on the
contract. Neither Of those items were con
siderod by the lawyers as worthy Of resort
to arbitration.
Col. Nolan and Gov. Carpenter recon-
mend that the board pay the contractors
whatever arbitration may say is due for
extras, and then give them reasonable
chance to 60 ahead and finish the building.
II ths contractors fail to do this and to
give the trustees assurance that all claims
against the building have been satisfied, the
trustees taking charge of tho work them
solves. In such event. as Col, Nolan put it
in his opinion, there can be no doubt that
the trustees have the right to enter upon
the premises and themselves engage in the
work Of completing the building, and in
case they do this and no satisfactory ar
rangement can be made with tho contrac-
tors by which the building oan in reason
able time be com mpletsd, would recommend
undor these circumstances for their direc-
tion. that they retain the money now in
their possession. SO that they will be able
to meet the expenses named in the compile
tion of the building, and provide for the
are now evident BY liens upon the build
ing itaelt." Speaking further on the
same subject the county attorney says;
"If disposition 10 manifested and assur-
ance given that the contractors will com
pete the building within Reasonable time
| Il iy.a v7it thn fnF - kl,x,
contract, the board will be disposed to ao-
cede to their request. 1t would ba proper
then for the board, If those claims pre-
| sented by the contractors are presented in
| accordance with the provisions OF the CON
tract. to make allowance for such work;
and if the board lB assured that they will
not incur any financial risk in making the
payment, it would be proper for them to
do SO. But before doing this it would be
we'll for them to consider whether any
claims nre outstanding against tho build
ing itself, and whether, when the building
is completed, they will have any claim for
damages against the contractors; for If
such Is the case, then, under the terms Of
the contract, they would be justified and
| it would be their duty to retain that money
as q protection to themselves and as a
means by whloh they could be reimbursed
for any loss occasioned by the wrongful
conduct of the contractors.
|
do not evidence Il disposition to present
their claims SO that they can be intelli-
gently passed upon by the board, then by
all means it would be the duty of tho board
| under the lettor received from the architect
to enter upon tho premises themselves, and
to complete tho building with all reason
able dispatch.
$50 far as the legal question involved is
concerned, Az to tho right of the board un-
der the circumstances to go upon the prem
iaes there can be no doubt. Even though
thate had been u breach of contract on the
part Of the trustees the contractors would
and retain the custody and control of the
building and defer its completion indcti-
nitely: for even in that instance the board
would have the right upon the pt oper eerti-
tioetion that the work WAS not proseout cd
with diligence, to enter upon the prelnlses
and procure material and com mnlete the
building as the contract specifies"