Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-12-27
PLAN 70 EVADE
CONTRACT Fight
Some Discretion Should
Be Allowed In
Awards
PRESENT LAW LEADING
TO LEGAL SQUABBLES
LEGISLATURE SHOULD AMEND
LAW TO INSURE BETTER BET.
TER WORK ON GOVERN.
MENT CONTRACTS.

In Government circles the present
method of awarding contracts for Ter.
ritorial work is being condemned as
being far from satisfactory and lead.
ing to a considerable amount of trou.
bic and delay. The experience which
the government has had with several
OF its contracts since the SupCrinsend.
ent of Public Works has been com.
PEELED by law to accept the lowest
bid, whether this was made by ~
sponsible parties or not. has thorough.
ly convinced all those concerned that
II would be a very desirable thing IL
the coming Legislature would pass
some measure by which the Sdperin.
tendent of Public Works would be al.
lowed TO exercise at least some measure
Of discretion.
The consequence of law making II
compulsory ~ accept TIC lowest bid
received on an contract relieves the
Superintendent OF Public Works of all
responsibility in such matters. buI on
the other hand he has to accept tho
lowest bid. as long as the bidder has
complied with the prescribed condi.
tions. even though he may know that
Nh' blNNaNl van llbN W. 'DHSlttltNl u
responsible party. Should the bidder
Tor instance ignore all demands to 90
ahead with the work he contracted for
for some reason or other, the Gov.
eminent would be powerless to take
any steps against the contractor before
the time allowed by the contract was
allowed to expire. In large contracts
where long space of time was allow.
cd, considerable loss of time would
thus be the consequence. Were on the
other hand the Superintendent of Pub.
lie Works allowed TO use his own judg-
ment regarding the bidders, he would
be able to select responsible parties.
Another advantage would be that in
case contractor should show dis.
position to shirk his contract the Gov.
eminent would have a strop whip over
him by being able to threaten him that
a failure to carry out the contract at
hand would mark him as nOn.respon.
sible bidder. and carry with IL tho
result that he would in the future be
excluded from getting any Government
work.
Another, and probably still more so
rious defect with the present system, IL
l. said, lies in the fact that IL tends
TO lead to innum sruJie legal compli.
cations. The law makes Il compulsory
that certain bid. namely the lowest.
be accepted. This gives contractors
grounds which enable them to bring
about legal complications Whenever
, they have lost contract. For in.
I stance they can say thar the speciiiCa.
tons are ambiguous and that they, Inv
NOT understanding them In tho emma
manner as did the party who got tho
contract. did not have a fair show in
the competition. Should the court de.
eide the case for the plaintifi the con.
tractors. who originally secured tho
work, have no way in which they can
recover damages for any work on ths
contract which they may already have
performed. The consequence Is that
any contractor securing a large job
has to he very sure of his legal ground
before he can risk starting In on the
work. To be absolutely sure that the
work will not be taken away from him
before II is completed he should have
q Supreme Court ruling to back him
before he started.
The Territory has. of late had con.
siderable trouble with its contracts and
ri Is said by officials that II the law
on the subject was amended so as 10
allow the Superintendent OF Public
Works some discretion In the awards
a great amount of legal complications,
and the ensuing delay, would be avoid.
led, while the arrangements on the
whole would be mere satisfactory Ia
| the Government as well as to the re-.
| SDOnEillp contracting Drmc