New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11

- not q change Of plan. borders Oh INC o.. o.
A. well might a builder claim mctcAseu rN ,,hen
,he construction of a 2o-foot Do"'''e -, tho
~ rlan called for an alley 100 rect lons' -,
ground that ii was Only d"
and no change of plan o, ,,,,cb
illustration will assist In clearing ~ o.
an 49, ,hat enveiops this subject ana IL may
" a,a On his connection that It IS not pu'vS
Imaginary case Many similar ones man
..roercss Of the improvement work. o, ,,.o
contract Is let to deepen mile OF .''''o.
- Incidental improvements. Ner'0"i
, ox.ords along the whole strip ]" iihe" ie''
,',,ch are in bad condition. and the plans p,0
,a Cor rebuilding this imperfect wall In, 80 80
med per cubic yard is gooH one nm" VIM
,alIx the case when small quantities Were n"'r'I
=, ,ha adding sheet) The 100 feet or oao wan
- .,,uod down and the contractor goes OH VIII"
49, work Of excavating the two feet. III u'"'s ~
=. roes below the foundations OF the S'8'"'ne ""'
s,d leaves Il practically suspended IN an i"''
:, ,-or,ntlv underpinnng il and thus saving "r
.ood wall he consults his own convenience un'.'
- ,ho whole stretch tumbles into the canal
A.. agreement is then entered into between 'ne
contractor and the canal officials Tor the reou'"-
,,g ~ the whole mile at the hgh price haiheu ~
che contrac: for the small quantity result an
enormous increase Of cost 10 the state IAN "
rnssonablv be contended that this was not
80 NJ nlan? Can it be claimed that plan
rh,cb calls for 100 lineal feet Of slope wall Il 'he
same plan which calls for over 5000 feetf
HOW THE EXTRAS ORIGINATED.
An inst e similar to this is reported from 'n's
contract. The preliminary estimate and plans o."
.or,oro,lote any new slope wall the Camii-
TO feeder A bench was left at the toe or the
,,ou nv these plans and the wall allowed 10 re-
main. The engineer in explaining the excess o.,
excavation and slope wall says IL was "''"
mat this bench would be sufficient pro'eC'on 40
,ha walls After the excavation was finished U'S
a,d he
ordered back 10 excavate this bench IN '"e"' Nv
a., .oc,,ons for the purpose of placing concrete
toe In place OF same .Ao Tn.
A change Of plan IS here admitted oy "'e H
eineer but the matter was not broush' ~ '"' a.
sention OF the Canal Board. The result OF ''''S u
authorized change of plan. whlch Was "''
10 providing nine feet Of navigation. WAS 'hat inc
-,bo,a length Of wall tumbled into the canal ana
had 10 be rebuilt; and that the entire pehcn ""''
excavation was paid for as rock al 80 0''''S
ward upon the pretext that It was frozen HlS'e"0
OF as earth at 26i2 cents
II IA not supposabe that the Legislature ever
intended that the canal officials alone should nave
novvcr 10 make extensive Improvements In TINS way
without regard to the cost. or 10 the approval OF
the Canal Board the only body having legal au-
thorlty 10 institute canal improvement "o'A' ~
che contractors contention Is sound. that d" III
crease OF quantity. or In other WoIds 'h"' an ~
definite extension Of the same class Of WORK docs
NO, involve a change Of PLAN there would he no
I1ir,,,ing the amount OF work 20 he done undeI 4
contract or power 10 restrict the cost OF the sae
The sudden and unexpected depletion or the S"VV''
Oo0 Improvement fund was largely due 10 Ni'so
enormous and heavy extra, and, IN many cas's' "''
authorized and Illegal allowances about which no
1osv seemed 10 know much Of anything until the
bills we're sent in for payment NO matt was Cdi''u
on this wholesale expenditure OF canal money un'''
Controller Roberts warned the canal omcids '"a'
the Improvement funds nearly exhausted
10
conclusion that any alteration or departure from
the plan OF the work approved by the Canal
Roard and let to the contractor. was change OF
plan within the meaning Of the statute
THE LEGAL ASPECT CONSIDERED.
r.. ,ex, question TO be considered. then Is Does
a claim FOR work done under a contract, but not
nroyided for in the maps. plans and specifications.
and which was not assentcd to by the Canal BOARD
as a change Of plan. constitute legal charge
against the State under the canal Improvements
laws?
lat,on seems 20 clearly answer this question IN
the negative. The general canal law. Article H.
Section 10 Chapter 33s Laws Of 1890, invests the
Canal Board with exclusive power TO approve or
disapprove By resolution TO be entered upon It's
minutes all plans specifications and estimates
transmitted to II by the State Engineer" Article
VII Section 100 Of the same act provides that In
order 10 make change IN the plans so adopted
by the Canal Board. resulting In an Increase of eX-
penditure to the State written description OF
the proposed alterations must be submitted 10 the
maker OF the original plan. namely the Cana
Board and It's approval obtained. The canal i'm
Improvement law. Chapter 70. Laws Of 1895
treats this subject briefly than the statute
OF the preceding year but II provides that no
plan shall be altered after the contract is awarded
except upon the approval of the Canal Board
Then as If the Legislature in 1896 when the canal
Improvement contracts were about 10 be let. had
had doubts the efficacy Of the inhibition I'm
the Improvement OF 1895 against changing
plans without Canal Board assent. thus al
lowing canal officials too much latitude in making
obligations against the State. II amended the i'm
provement act by re-enacting the entire provision
Of the general canal law AS 10 changes Of plans
and Canal Board assent.
LIMITING THE BOARDS LATITUDE.
This amendment known as Chapter 794 Laws Of
1896, provides as follows:
Sec. All the work herein specified 10 be done
shalI he done by contraot entered into by the SUI
81 ta9mc works on h part Of The
successive days. nor including SUNDAYS and In
period OF time 6r number Of Insertions as re
Superintendent OF Public Works may sclect OF
deem necessary. and shall be let 20 the lowest re-
spOnsi5le bidder giving such security as he Super
intendent OF Public Works may require and az.
Contract exceed the sum Of 10000 None 81 fh'
work called FOR BY this act shall be contracted foi
with all practicable accuracy the quantity Of en-
bankment, excavation. masonry the quantity an,
quality OF al materials 10 be used. and all othe
items Of work 20 DE placed under contract and ;
statement thereof with the maps plans and speci
ncauons. corresponding 20 those adopted by m
SanaI Board ana on file IN the ONCE Of the Stat
Engineer. is publicly exhibited 10 every pcrso,
proposing or desiring 10 make proposal for suci
WORK The quantities contained In such statemen
snail ne used IN determining the cost OF the work
according 20 the different proposals received. an
when the contracts for any such work are awarde
every such statement, with such maps. plans an
Spelhct''ohs, ana az Otner papers relating 10 tn
work advertised. and which are necessary 10 idon
iify the plan and extent OF the work embraced f.
euch contracts. sha! be- filed in the Office OF tn
state Engineer. with the certificate Of the Stat
division or resident engineer. stating the time an
place OF their exhibition. No alterations shall b
made IN such map plan or specification or n
plan ~ any work under contract during its prog
ress, except with the consent and approval q
The Superintendent Of Public Works and the stat
Engineer. nor unless description Of such altera
tion and such approval Doe in writing and signed y
the parties making the same and a copy thcrco
hled in the Office ~ Tie state Engineer No chang