The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1910-01-18
THE SEWER
LAW SUIT
Town Wants Matter Adjusted
by Arbitration on Account
Of Law Questions.
C0STA'S CLAIMS CUT DOWN

desirous of having the suit brought by
Sewer Contractor Antonio Costa, of
East Orange, against the town of Nor
ristown arbitrated it is possible that
L such a procedure may not be taken.
Counsel for the sewer board, Willard
W. Cutler, is averSe to the plan,
while Mr.. Costa's COUNSEL Riker and
Riker and John M. Mills will consider
it. 1t is asserted that the questions in
volved are of law based upon the con-
struction given the contract and it
would be improper to have a layman
pass upon them.
Mr.. Costa's claims against the town
aggregate $40, $685. 48 for which he has
brought suit. The sewer board ad-
mits that it owes Costa S15,976.47. In
statement prepared by the sewer
board, it is admitted that two esti-
mates of SO, ,424.05 and 81, ,494. .38 respec-
lively, which had been approved by
the board of aldermen. were held up
by the sewer board and payment de-
fered until Costa secured releases from
the Ansonia Manufacturing company
and the M. j. Drummond company for
materials and work.
The board in it's statement makes
an itemized account of Costa S claims,
showing what has been paid him and
what is still due him, according to the
sewer boards view. Many items are
classed as covered by contract or
no order given" Among the larger
items mentioned are special man
hole corner South and Pine streets,
s57 paid and s52.3O due; extra work on
Mills street, Sl8S. 36 paid.
For extra work on Wetmore avenue
Costa claims S620.89 and the sewer
board paid him s224.11. Costa claims
Sl20 for extra joints on Speedwell ave-
nue. and the board admits SO .0S as due
him. A large amount claimed by
Costa for protecting water and gas
pipes the sewer board says is covered
by the contract The contractor
claims $l10 extra over the amount of
$314.87 allowed by the sewer board for
putting George street in order. For
cleaning, relaying and grading on Gar
field street the contractor sues for
S170.52 over the the amount paid by
the sewer board which admits s64. Sc
as still owing.
Other claims made by Costa, the
amounts allowed by the sewer board
and the amount the board admits due
are as follows -Olyphant park, 800. 68
claimed, S11.47 allowed and paid {;
Western avenue, digging and back
filling, S7O.50 claimed over S56.92 al
lowed and paid; Cole avenue, taking
out steam pipe, S24.61 claimed and
S20.70 admitted owing Park place
manhole, S59.25 claimed over S21. 56
paid; Water street, $25.53 and Sail
admitted by sewer board as owing;
putting in Y on Hill street, S25. .18
claimed and $40. 35 admitted as owing /;
Madison avenne test pit, $82 SO
claimed over the $56.69 paid; inter
ference with railroad at Howell's
lane, claimed S25.76 and 1923. "a ad-
mitted relaying Olyphant park pipe,
claimed S37.66 and SlO5O admitted as
owing $S367 claimed over $489, Al al
lowed and paid for moving creek on
Ford property moving Speedwell
avenue manholes, S108.09 claimed over
the Sl85.64 paid S120 asked for care of
lamps on ditch ordered held open by
sewer board, board claims Costa
should pay for them.
The sewer board asserts Costa is
not entitled to S14559 for his men
working for sewer board at time OF
inspecting; for trunk line filling on
pipe Costa claims S459.83 and the
board admits owing him 1880. 65; /;
$208.96 is claimed for drains through
race way over the SlS6.90 paid; over
flow for siphon chamber at Albeit
avenue, S45.3l claimed, $27.12 admit
ted as due; $4036 claimed for Ridge
dale avenue weir box and 1920 ad
mitted due.
Costa claims deductions from esti-
mates made by sewer board of s., ,O22 O5
and they are admitted correct by the
board except for a small sum. Claims
81 500 for extra work on ejector cham
bers which the boards asserts are
covered by his contract. 81, ,19l.12 is
claimed over what the board has paid
him for concrete work and S8,047. II is
claimed as due on rock work, both
items being covered, the board de-
clares, by monthly payments made.
$lll is claimed for thirty-seven lamp
hole castings ordered by board. 1900
feet of deep house connections for
which Costa claims 1926 board asserts
has been paid for. For hauling pipe
S540.07 is claimed and S37.55 is allowed
by the sewer board as owing. Costa
also claims S35,l32.01 for work and
extras caused by increasing the width
Of trench over the contract size. For
new lines Of sewer laid and not shown
on plans Costa demands SO, ,637. 73 and
also a balance due him Of 81, ,435. OF for
lumber and timber foundations.
The town claims as due from Costa
Se, e,18l.5S for the difference between
Anl4 4