Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-12
FINAL ACTION TAKEN
COMMISSIONERS DECIDE AGAINST
CONTRACTOR sPEIR.
Controversy Over Item in Contract for
Construction of Rear Wing
Of Workhouse.

There had been a discussion between the
District Commissioners and W. E. Speir,
contractor for the rear wing of the new
workhouse, for several days as to whether
or not the latter is required by his con-
tract to construct the corrugated iron cell
ings In the building without extra compen-
sation Mr.. Speir claimed the work was
not included in the specifications. The
commissioners today acted upon the mat
ter and decided the ceiling work was under
stood. was provided for in the original and
supplemental drawings furnished the con-
tractor. and that he must construct it
without extra pay.
There have been several hearings before
the Commissioners on the subject and a
number of briefs have been filed by Mr.
spelrs attorney. Capt. Chester Harding,
assistant to the Engineer Commissioner,
who has charge Of the building department,
In report upon the matter gives brief
history of the case follows:
Bids were opened September %, 1900,
for the construction Of the entire work
house. and We're all rejected because the
lowest bid exceeded the amount available
1t was then decided to construct the rear
wing only, and specifications were prepared
accordingly.
In the preparation Of the new specifca-
lions the original specifications were used
as guide, such omissions being made as
to limit the work proposed to the rear wing.
In TINS process the paragraph in the orig
inal specifications prescribing the CORFU
gated iron ceiling was enormously and ac-
cidentally omitted. The original drawings
were given out to the prospective bidders
with the understanding that only such
parts of them as referred to the rear wing
snould be used In connection with the new
bids. The lowest bid at the second opening
again exceeded the amount available, but
negotiations were opened with the lowest
q ion Of ~
making certain notifications and omissions
In the specifications, and as result Of
THESE negotiations contract was entered
Into with Mr.. speir.
Notifications and Omissions,
The notifications and omissions were
shown by the wording Of the contract and
oy the erasures in red on the specifica-
lions that were used with second ADVERTISE
ments for bids
NO alterations or erasures were made on
the drawings except such as to limit them
70 the rear wing. The contractor received
from time to time after signing his con-
tract detailed drawings ampIifyfng the orig
MAJ general drawings and showing details
OF construction. as is customary in all
punolng contracts, and as is distinctly pro-
Vlded for in article of the specifications in
this case 'p> 'oii' III
among these supplementary drawings is
one mat gives the details of the frame
"oik Tor the support Of the ceiling and
Wh1ch SHOWS the corrugated iron forming
the ceiling Itself. This drawing was re-
ceiNeo by the contractor about Nav / 1901
without protest or contention that it called
Tor work not Included in the contract. and
no question was raised by the contra ctor
until his letter of December q 1901. in
Whlch ne inquiries as to the continuation of
the race brick above the springing line of
the ceiling.
The Equity Consideration.
L have carefully considered the arsu-
ments OF the attorney for Mr.. Speir as laid
before the Commissioners at the hearing of
the Goth Of April. 1902, and shown In the
attorneys brief filed with these papers,
and have made a thorough examination of
all the drawings and specifications in the
case. l have been duly Influenced by con-
siderations of equity, which are, in my
judgment, the ruling considerations in mat
ters Of this kind.
1 am constrained to adhere to nv orist-
nal recommendation that the ceiling be re-
quired of the contractor without additional
compensation. on the ground that a ceiling
was indicated with sufficient distinctness
on the drawings that were in the hands of
the contractor at the time he made his bid,
and that the specifications in distinct terms
incorporate the drawings as a part of the
contract
Subsequent to this report second hear
Ing was granted the contractor and his at
torneys, but Captain Harding declined to
change his recommendation, saying no new
points had been brought out.