The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-16
SUES REORGANIZATION s277,696
CONTRACTING co. DEMANDS THAT
BALANCE FOR WORK DONE.
Alleges the chief Engineers Certificate ON
which Payments Were Made u False.
Fraudulent and Untrue and Made I'm
had Faith" -RaiIrOad's Reply Not Yet In.

The United Engineering and Contracting
Company. whose main Offices are at 81
East Thirty-third street, has begun a suit
in the Supreme Court through its counsel,
Kellogg 4 Rose. TO recover s277, SOC. o. from
the New York Central and Hudson River
Railroad Company.
The sum demanded il made up of sew
eral items. all for work hone in 1904. 1905
and 1909 in connection with the depres-
sion Of the Port Morris branch OF the Har-
lem road. running from Fast i5eth street
to the East River.
The contracting company alleges in
its complaint, which In made up Of eight
separate causes Of action. each for a GER
tain sum-. that on December -. 1903. a con-
tract was closed between il and the New
York Central by which the United En-
cheering and Contracting Company agreed
to furnish labor. tools and material and
to- construct and finish, according TO SUBJ
mitted specifications and to the satisfac-
ton Of the railroad company's chief en-
gineer. the proposed work on the Port
Morris division. The work was COM
pleted according 10 the terms agreed on
'except as waived by the defendant cor
poration." to quote the complaint, on
May rs. 1905, and the New York Central
took possession Of the finished section.
Under the contract payments were TO
he made on the certificate Of the Central's
engineer that the work. or any part Of il,
had been duly completed according TO
the specifications. In the course of the
work payments amounting 10 $500, 1872 u
we're made on account and when the work
WAS completed the engineer certified that
the total Nnlnn Of tho xUnrE dana mao N1OQ
1917. leaving a balance due the con-
tracing company Of | 1871.
The engineers certificate is alleged
by the contracting company to have been
false. fraudulent and untrue and made in
bad faith and in demonstration of the
terms Of the contract, many items OF labor
and material being omitted The United
company sets the value of the work lone
by IL under the contract at S4iO. on los, by
which reckoning there would he a balance
due Of 500. 234.3l. This sum il demanded
by the first cause of action. The others
refer to further work don under supple
mental contracts.
The other items on which claims are
made include a balance of sI.sli.9e due
on the construction OF single way tile ducts.
There were 226 $40 linesl feet, or about
forty-three miles, of those ducts made by
the United Engineering and Contracting
Company at eight cents a lineal foot. Bal
snces Of ss4.2S, $202 and slO7 SO are claimed
tCuS tIVtlal hlllhb Vi WOTh, anu
S., 1872 80 is demanded for extra work lone
outside of the specifications.
The main item in the action is a demand
for s225 ,095.oI, which il is alleged is owing
to the contracting company because Of
certain faults and omissions in the specifca-
tions. These errors made 1t impossible for
the United company to do certain work
that it had reckoned on when the contract
was entered into and to this extent, it is
alleged, the expected profits from the con-
tract fell short. Lastly, the contracting
demands S37, mis-. the cost Of
labor and material allie ged to have
been made necessary through errors in the
plans Of the work.
The eight claims total $277, 500 97, for
which judgment is asked. with interest
from June. 1905. The railroad company has
not yet served it's answer to the complaint,
as il is the purpose of it's counsel. Albert
II. Harris. to obtain a more detailed COM
plant. setting forth just what were the
errors. faults or omissions attributed to the
railroad company n what is meant by the
alleged waivers mentioned in the complaint
referring to changes in the plans Of con-
h railroad will deny that il is
to the contracting company for
anything beyond a fpw small items which
have not yet been settled.