New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-09-15
ROEBLINGS WIN AGAIN.
BIG HOLE IN CONTRACT.
Contractors May Take Their Oscn
Timc-City Helpless.

IIme-Ctty HetpeSS.
defect in the contract for the cables OF the
new Manhattan Bridge will enable the John
A. Roebling's Sons Company to take ITS time IN
finishing the new cables. and at the same time
it tends TO stop the city from recovering dam
ages for not getting the cables done on time and
according to contract The Roebling Company
is the one with which the late Frank Croker
was identified and is In high favor with the
Bridge Department under the administration of
George f. Best, the present Tammany commits
sioner
Ex-Justice Alton b. Parker, opinion as
referee, saying that the city cannot withhold
from the Roebling company S1i5.No ana IN
terest retained by the Controller because OF
non- fulhlment OF contract. reveals a surprising
and exceedingly costly defect in the old Will
iamsburg Bridge contract. and an equally gar
ing one in the contract for the cables of the
new Manhattan Bridge.
The Bridge Commissioners. of which Lewis
Nixon was one. in 1899, estimated that the city
would lose 81 600 a day by failure of the Roe
bling Company finish its cable contract for
the Williamsburg Bridge on time. Figured on
that basis. it would seem that the Bridge De-
partment under COMMISSIONS Best will cost
the city as follows:
Excess of cost a. between eyehsr and cable 49, ~.
Loss 81 use Of bridge for 500 days at $1,000 a
day eoo"o
To this sum may be added the loss OF the
damages which Judge Parker says the Roeblins
company need not pay, amounting to more than
$4,000
The OLD cable construction contract with the
Roeblings contained the following clause with
reference to damages OH account of delay:
Paragraph And the said party OF the second
RI he COmpanyl hereby
that the said parties of the first part tine Brloge
authorized to deduct and retain out Ct all the the
said party of the second part under this agreement
liquidated damages for the non-completion OF
foT MS s copieon or Within the stipulated time
to which the same may be extended IN writing oy
said wsS o h s Of S for each
and every working dag the time consumed th IN
time thn stipulated for its completion or SUCH stipu
by said commissioners as aforesaid: which said
Sgm of 5000 per DAY IN veT SeT 0g aeread npo
fixed and determined by the parties hereto as the
byS Teason of such default and not by way OF
penalty.
1t was on the assumption that this was
valid and binding clause that Bridge Commits
sioner Lindentha after waiting until the con-
tract time limit had expired, informed the Roeo-
ling company that charge of Sl,ooo day
would be imposed pending the completion of the
h
The case was heard this year before Justice
Parker as referee. the city being represented by
James T Malone. of Mr.. Delany's staff. He did
the best he could with bad case. Chief En-
gineer Nichols of the Bridge Department, whose
resignation turned in to Commissioner Lin
denthal under pressure two years ago, and who
later was appointed chief engineer by the Tam
many commissioner Mr.. Best. testified that the
bridge could not have been opened to public
use, even if the cables had been finished. Judge
Parker in his opinion holds that, the bridge
could not have been used recovery of damages
would have been a penalizing of the plaintiff
company, and the referee says that the law
does not permit such result. After finding
for the plaintiff on nearly all points, the referee
says
There is nothing in the contract which says
the commissioners are clothed with power to de-
termine whether there any delay on the
part of the plaintiff.
In other words. the contract was left with a
hole in it big enough to drive through four
in hand and the plaintiffs counsel found
trouble in getting through it when the case
reached the courts.
THE contract for the Manhattan Bridge
bles has temporarily been mislad.' said one of
Mr.. Delanys assistants yesterday but you
safe i'm assuming that the paragraph concerning
delay is similar to the contract just adjudicated
by Mr. Parker"
The practical result of the defect is to allow
the Roebling company all the time II is disposed
to take in finishing the cables, the contract
is worded that the Bridge Department is
without power TO determine whether there has
been any delay.
There is only a small chance that Corporation
Counsel Delany will oppose the motion to
firm the report of the referee. The ctys
is deplorably weak and carrying the matter
further would merely pile up interest and costs
The discovery Of the defect tends still further
10 emphasize the remarkable success which has
attended the efforts of the Roebliug Company in
it's contractual relations with the city.
When the Low administration took hold of the
Bridge Department Commissioner Iindentha
after Endorsement by the leading engineers of
the country. planned to build eye-bar cable
bridge Such a bridge has been built by Buda-
pest. and is regarded success. The Board
of Aldermen held up the Board OF Estimate and
Appointments appropriation for the bridge,
and as soon Mcclellan elected Commits
sioner Best. supported by Chief Engineer Mich
OILS. abandoned the eye-bar plans and went back
To the wire BILE idea. This involved delay Of
two years and extra cost estimated at 81, 0O0,-
600