The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-07-29
TROUBLE OVER SCHOOLS
Drastic Measures to Compel
Du Bots to Garry Out
His Contracts.
BAD AND BACKWARD WORK
Plumbing and Finish of Nos.
20 and 26---No Release
No Pay.
BAD AND BACKWARD WORK

OIL d(l2 ll4C tNR%3o
School buildings Nos. 20 and 26, by thu
Board of Education. The Board met las
night, and upon the recommendation Of
Director Mersheimer. adopted the follow
ing
Resolved, That inasmuch as Mr..
Jacob Du Bots. the contractor to whom
the contracts for the erection OF
Schools Nos. 20 and 26 were awarded,
has failed to advance the work re-
CURED by his contracts in a SAUSAGE
tory manner, the Committees on
Schools Nos. 20 and rs are hereby au-
thorized and directed to notify him In
proper legal form to proceed forthwith
and complete said work as rapidly as
possible and, if the said contractor
shall fail 10 advance the work in a
manner satisfactory to the respective
committees above mentioned for three
days after the service of such notice,
10 employ men and purchase such ma
terials as may be necessary to the
completion OF the work at the expense
of the contractor, the cost of such la
Dor and materials to be deducted from
moneys due or to become due under
the contracts, respectively.
This action was taken at the suggestion
of Corporation Counsel McDermott.
The Board, at its last meeting, passed
q resolution requesting the Corporation
Counsel to define its rights and duties in
dealing with Du Bots.
Mr.. McDermott's letter to the Board
was as follows:-
In view of the resolution passed by
your Board on the 18th inst, ] have
xamine the contract by which Jacob
iu Bots engaged to erect Public School
No. 26. For some reason, not apparent
in the contract itself, the usual clause
providing money penalty for non-per-
forlnance was omitted The contract
~ d1ne n1rax-or ~nxfd n 4 + - 4ha nm
tractor fails to proceed with his work
after three days notice, the city may
either rescind the contract or proceed
with the work at the expense of the
contractor. l therefore advise you to
serve notice on the contractor to finish
the work at once. If he does not do so
In good faith take the work out of his
hands. complete it and hold the COM
tractor and his bondsmen for any
damage arising from his failure to
keep his contract.
The same course should be pursued
in reference to the plumbing work,
about which the architect, Mr.. Det-
wilier, complains that the contractor
refuses to keep his contract. The con-
tract provides that should the contrac-
tor fail to advance the work in a SatiS-
factory manner the Board Of Educa-
ton shall be empowered to employ
men and purchase such materials as
may be necessary and to deduct the
amount paid or to be paid from the
amount of contract.
Director Mersheimer said that in justice
to himself and the members of the COM
mittee having charge of the schools Du
Bots is building, it should be made known
that a money penalty clause had been in
serted in the contracts with Du Bots
when they were in charge of the commit
tee. When the documents were returned
from the Law Department it was discov-
cred that the money clause had been elm
mated. The contracts with Du Bots were
drawn up when the Law Department con-
sisted of John A. Blair, Corporation Coun-
sci. and William P. Douglass, City Attor-
ney.
Mr.. Mersheimer insisted that If there
was any blame it should rest upon the
former Law Department, and not pom
the committees having charge of the
schools or upon the Board as a whole.
Du Bots is also to be given a shaking
up about the manner in which he is do
ing the plumbing work of Schools Nos. 20
and 26. 1t is charged that he has en-
deavored to use materials inferior to those
specified. The work he has done has
been condemned by the Board of Health,
but he refuses to put in proper materials
without being allowed extra compensa-
kloI. xAICiilltCt W mas tiluEdFOf6Q
to make Du Bots follow the plans and
specifications for plumbing work. but to
no avail. The Board of Health demands
that radical changes in the work be
made. In order to find out just what
must be done, the following resolution
was adopted last night
Whereas. This Board has been in
formed unofficially that the Board of
Health, through its inspectors, has
offered objections to the plans of
plumbing and drainage of some Of the
new schools now in course of erection
and has directed certain changes to be
made therein; and
Whereas, These directions seem to
have been given in a vague and in
elm n and have consequently
been misunderstood and have led to
complications.
Resolved, in order that this
Board may be enabled to act intelli-
gently in altering plans in the manner
required in the contracts, the Board
Of Health be requested to inform this
Board in writing at the earliest mo
snent possible of the changes suggested
in the plans and specifications of the
systems of plumbing and drainage of
the new schools.
In all contracts for the erection Of new
schools, the contractor agrees to file with
the Board releases from all claims which
may be due laborers, mechanics or per-
sons having furnished materials.
A few days ago Mayor Hoos discovered
that no such releases had been or were
being filed, probably through neglect. He
refused to approve a number Of payments
on account of contracts until the required
releases were filed. At the same time he
called the attention of the Board of Ed
ucation to the matter and advised that in
future no payments be ordered until re-
leases have been filed.
The Mayor. acted upon the advice of
Corporation Counsel McDermott, whose
opinion on the subject is as follows
The contractors erecting new school
houses in this city having agreed TO
file with the Clerk of the Board Of Ed
ucation releases from all persons who
have furnished materials, and all jour
neymen and laborers employed in the
erection of such buildings with an afi-
davit showing that their releases COW
err all claims for materials furnished
or work done, you have the authority
to refuse yme to such contractors
until that protection of the contract
is complied with, and ] advise you that
a contractor cannot. maintain an action
against the city until he shall have
filed such papers,.