Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-16
REACH AN AGREEMENT
District and Construction
Company Come to Terms.
ONE STEP IN CONTROVERSY
Payments Will Be Made Pending
Action by Court.
MATTER OF MEASUREMENTS
Terms of the Statement Signed To-
day by the Parties in
Interest.
ONE STEP IN CONTROVERSY
MATTER OF MEASUREMENTS

Another chapter was written today in
the controversy between the District
government and the Brennan Construc-
ton Company regarding the alleged
overpayment of sS7,S23.22 on asphalt
contracts to the Brennan company. An
agreement was signed, by the terms of
which partial payments will be made to
the asphalt contractor for work under
the contract pending a final adjudica-
ton Of the controversy.
Instead of tying up all the payments
for work under the contract until the
matter has run a long course through
the courts, the Commissioners have, by
the agreement enabled the asphalt con-
tractor to draw large part of the
amounts which are now due or will be due
when work is performed under the con-
tract in the future. 1t is estimated that
about $4,000 will be paid at once to the
Brennan company for work already DONE
and the vouchers for such payments I'M
der the new arrangements were turned
over to Auditor Tweedale this morning.
Provisions of Agreement.
The agreement. it is explained practi-
cally provides for payments to the con-
tractor in accordance with the measure
ments regarded by the District as correct.
These are smaller than the measure
ments claimed by the asphalt contractor,
and the difference will be subject to the
decision of the courts
The agreement reciteS the terms of the
contract under which the Brennan Con-
struction Company is now supplying as
phalt surface and asphalt binder to the
District. and declares that a controversy
has arisen over the measurement of the
asphalt furnished. 1t then continues:
And 1t is. therefore now agreed be-
tween the said parties that the District
or Columbia will make payment to the
Brennan Construction Company for all
work done and material furnished for as
phalt surface and asphalt binder for
which payment has not yet been made
under said contract 1927 and for all work
to be done and material to be furnished
under said contract for said items and 3
above set out, on the following basis,
TO wit: On the basis of cubic feet for
each batch or box of surface material fur
nished or to be furnished, and of IA cubic
feet for each batch or box of asphalt
binder furnished or to be furnished, and
the said patches or boxes to be the same
In character and quantity as those here
tofore used by the company
Does Not Change Contract,
This agreement is not intended to
change. modify or alter the said contract
No. 1927 in any respect or regard, and
the terms and conditions of this contract
are now recognized by the parties thereto
and the rights of said parties under the
original contract remain unaffected as
this stipulation is intended to- and does
AFFORD basis of payment or partial pay
mentS to the Brennan Construction Com
pany. the contractor, pending settlement
and adjustment between the parties, either
in court or otherwise, as to the true
basis OF payment, which is the question
now in dispute.
The Brennan Construction Company
claims that the contents of the sand and
binder boxes and the materials thereto
added. constituting the patches furnished.
are greater than the figures stated above
as to cubical contents, and reserves ex-
preSsly the right to enter suit at any time
for the difference between any sums ac-
cepted under this stipulation and the true
sums claimed to be due under the con-
tract by the company, we'll as to sue
for any and all other moneys that NAV be
retained by the District and claimed to
be due by the company