Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-12
RIVER DREDGING CONTRACT
Opinion of Acting Controller Mitchell on Mr..
Glegg's Claim.
Az the Right to Annul for Breaches
Was Not Exercised, Contractor
Must BE Paid.

Mr.. Mitchell the acting controller of the
treasury, has sent to Lieut. Col. Charles
J. Allen, corps Of engineers, the following
decision on a matter of local interest.
Il have received your letter of the 18th
uitipo, asking whether you are authorized
to pay A. NJ. Clegg the contract price,
less 10 per cent, for the work actually done
by him between September II and Deem
Der 81, 1899, under his contract of Septem-
Der I, 1889, for dredging in the Virginia
channel of the Potomac river at Washing
ton, d. c. 1t appears that this question is
presented because of an alleged breach OF
the contract by Mr.. Clegg in his failure to
dredge the required number of cubic yards
each and every month since the date upon
which he was required to commence work.
The contract provides: And it is eX-
prcssly stipulated that said Clegg shall so
dredge and deposit not less than fifty thou
sand (oO,00O) cubic yards in each month
until the fun quantity required shall have
been dredged and deposited, provided that
this amount of dredging per month will not
be required during the months of Deem
Der. January, February and March,
The contract also requires that the work
shaH commence on or before September IL,
1889, and shall all be completed on or be-
fore September ], 1900
1T appears from the papers submitted
that Mr.. Ciegg dredged the following num-
per OF cubic yards: September. 1907; Octo-
per. 2ol4S; November, 15,4H: December,
has not performed his contracts for the
months of September, October and Novem-
Der, respectively.
Did Not Exercise. His Right.
The contract provides for an annument
Of the same by you, with the approval of
the chief of engineers, in case Of a breach
thereof 1t does not appear, however, that
you exercised your undoubted right; al
though, as appears from the correspon-
dence, you were promptly and fully ap-
prlsed OF SAID breaches at tine end Of each
month This being the case, the question
arises as to how far your failure to exer-
else your right Of annument and permit
ting the contractor to go on with the work
and your acceptance of the same under the
contract, may be held to be 4 waiver of the
breaches mentioned.
Entitled to Be Paid.
Having failed to aunul the contract on
receiving notice of the beaches thereof, it
must be held that you have waived said
breaches and are 'preciuded from claiming
anything by reason, of it afterward.' The
logical conclusion, therefore, is that the
contract now stands as jf those breaches
had not occurred, and the contractor Is en-
titled to be paid according to tue terms of
the contract for the work actually per-
formed hereunder
1T must be understood, however, that
the requirements of the contract as to the
amount to be dredged monthly are sever
able. and that waiver of a breach for one
or more months will not bar your right to
annul the contract for a breach for any
subsequent month, provided the annument
Is done with reasonable promptness after
receiving notice of said subsequent breach.
Furthermore, the waiver of the breach of
the monthly requirements will in no man.
ner affect the other requirement to COM
plete the whole work on or before Septem-
Der 1. 1900"