New-York tribune., 1908-12-11

fun contract authorizations to the contractors
upon the opinion Of the Corporation Counsel
There are a number of court aecisions. II IS
said. in which II has been held that the city IS
not justified in retaining contractors bond
for faithful performance after p-o Ter cent Of
the contract price has been paid. the payment
Of 90 per cent being held as presumptive evi-
dence that the city has been satisfied that the
work under the contract had been faithfully
performed
The liability Of the contractors under the
specific terms OF their contract for the failure
Of the s,1perstr1cture OF the BlackwelIs Island
Bridge to come I'D to specifications is a purely
legal matter but the following clauses quoted
from. the contract and the specifications appear
TO have a. direct bearing on the question OF re-
sponsibility far the contract is concerned
E The contractor shall build. construct finish
and fully complete the whole Of the work in
manner described and shown in the specifca-
tions and by the accompanying plans and draw
fngs numbered . . and in accordance with
such further details and Instructions as the en-
gineer meaning the chief engineer Of the bridge
department. may from time 70 time furnish. ap-
thorough completion Of the work in the most
efficient manner.
F The specifications and plans. together with
the proposal for bids or estimates, the bid OF
estimate and the bond. are hereby made and de-
cared part Of this contract
T T. The contractor shall not be entitled 10
demand or receive pavr7ent for the work or ma
terials, or any portion thereof. except in the
manner set forth in this agreement. nor unless
each and every one Of the promises. agreements.
stipuTations, terms and conditions herein con-
tained on his part 70 be performed kept, OBJ
served and fulfilled, has been performed, kept,
observed and fulfilled, and the engineer shall
have given his certificate to that effect
Z. L. The city shall not, shall any de-
partn1ent officer thereof, be preclUded or
estopped by any return certificate made or
given by the Commissioner, any engineer
other officer. aqent or appofntee Of the city un-
der any provision OF this agreement from at any
time, either before after the final completion
for pursuant 70 any such return or certificate,
showing the true and correct amount and char
acter of the work done and materials furnished
BY the contractor, or any other person under
that any such return certificate IS untrue and
incorrect, improperly made in any particular.
that the work and materials. or any part
thereof do not IN fact conform 20 the SpeCInCa-
tons and the city shall not be precluded OF
estOpped Notwithstanding any such return or
certificate and payment in accordance Herewith,
from demanding and recovering from the
tractor sUch [damagesl as IT may sustain by
reason Of his failure TO comply with the speCtf-
8 All parts Of the structure shall be built
in accordance with detail and working drawings
which shall be prepared by the contractor. sub
ject TO these specifications and the general plans
furnished by the Department Of Bridges
3. The contractor, however, shall alone De
RESPONSIBLE for the correctness OF the drawings,
although they may have been approved by the
Commissioner.
II will be interesting 70 note the effect the
extraordinary conduct of city officials regarding
payments made on this contact will have on the
citys legal position II the courts decide that the
contractors are in any way liable for the enOr-
nous waste of public money Occasioned by the
bIunders made in the erection OF the super
structure of this bridge.