Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-10-23
REFERRED TO ATTORNEY.
Question Affecting Items in Contrac,
for InterceptinH Sewer.


Messrs. T. B. Jones & Co. of Baltimore
Md. the 14th of last February invited the
attention Of the District Commissioners to
certain items in connection with their con-
tract for the construction of the Tiber creek
and New Jersey avenue high-levsl inter-
cepting sewer, which items the contractors
desired acted upon before the final esti-
mate of the amount due them was made up
Since that time the papers in the case
have been passing, when not in innocuous
desuetude, among various departments and
officers of the municipality. The case has
now reached that point where the Engineer
Commissioner, Capt. Beach. has recon-
mended that it be referred to the attorney
for the District.
1t appears from statement Of the case
by the auditor, Mr.. ]. T. Petty that the
contract with Messrs. Jones & Co. for
building the sewer required them, in the
work or construction, to make such modifi-
cations as the engineer might deem expe-
dent, and provided that for "any changes
in the quantities Of materials or labor
thereby involved they should receive in
creased compensation, the price of con-
crete being fixed at $40; but that in case
of modification SO per cubic yard was to be
allowed. In report on the case the SUI
perintendent of sewers stated that there
were no changes in the lines, grades or po-
stions of the sewer, nor Of the materials
OF what is usually understood by the term
modification" But as the work progressed
1t was found necessary, in the interest Of
, the District and of the contractors as we'll
to go below the prescribed grade in order
to get a secure foundation, involving the
use OF an extra amount of concrete.
The contractors contend, says Mr.. Petty
that this was modification according to
the terms of the contract, and that they
are, therefore, justly entitled to receive 50
per cubic yard for all concrete masonry
placed below the regular grade. On the
other hand, he adds, the acting superinten-
dent Of sewers maintains that the change
was not a modification in the ordinary ac-
ceptance of that term, but was rather in
the nature Of extra work, although no writ
ten order. as required in that case, was
given: that the setting of forms is a costly
item in sewer construction, and that these
having been already set for the work above
grade, this expense was saved in the ma
sorry of the subgrade, and therefore the
extra concrete for which Sc per cubic yard
less cost to the contractors than that for
which the regular contract price of $40
per cubic yard was paid.
AFTER reading the hearing" concludes
Mr.. Petty, what has been written and
spoken on both sides Of this controversy. I
am of opinion that, according to the strict
letter of the contract. the contractors are
entitled to compensation at the rate Of So
per cubic yard for all concrete masonry be-
low the regular grade: but that If the spirit
ciples of equity are to govern. they should
be paid only the regular contract rate of
40 per cubic yard"
In forwarding this finding of the auditor
to his associates, Captain Beach has rec
commended that the whole matter be re-
ferred to the attorney for the District, and
1t Is understood that that action will be
taken.