Omaha daily bee., 1912-09-12
COUNTY BOARD CUTS
COURT HOUSE KNOT
Serves Notice on Genera tractors
of Intention, so8 e
IT, as,S ~
NEGr S.ARE AT AN END
CONT gs Withdraw Abruptly
from the Conference.
BOARDS ACTION is UNANIMOUS
Lynch Resolution Adopted with No
Dissenting Vote.
CALDWELL & DRAKE NOTIFIED
Refusal to Permit Occupancy by the
County Brings Notice of Inten-
tiOn to Move In Structure
at Once.

well e. Drake when the county board
unanimously adopted resolution by
| Commissioner Lynch notifying the gen.
cral contractors that the building will be
| occupied at once and that IL construction
is not completed within three weeks the
county would take charge of the work
and finish It.
Notice that the county will pay the
contractors no part of the Is per cent
building until the work is completed also
was given the contractors.
The adoption of the resolution brought
a summary end to a conference of the
commissioners, Caldwell & Drake AMI
their bondsman the Fidelity and Deposit
company Of Maryland. Lester Drake of
Caldwell & Drake and John +. Stout OF
Stout & Rose, counsel for the genera!
contractors, had nothing to say. They
merely said, Goodbye" and left.
Contractors Plead for Release.
When the conference opened Mr.. Stout
and Mr.. Drake renewed their request
that the board release part of the Is
per cent reservation of the contract price
in order that the general contractors
might use 1t in settling financial affairs
with sub-contractors and others. Com
missioner Lynch said the county should
retain all this money for its own protec-
ton until the building Is completed, A
vote was taken to learn the boards at
titude in this matter and every commits
sioner voted to leave the reservation In7
tact.
Mr. Stout wanted to know why the
county had broken into It's Is per cent
reservations with other contractors on
the building, such as ]. J. Hanighen,
plumbing contractor. Mr.. Lynch ex-
planned that Hanlghen was suffering
financial loss because his money was
tied up through no fault of his own, but
through dereliction of Caldwell & Drake,
and the same was true Of other con-
tractors Mr.. Stout said it was unfair
and unbusinesslike to pursue such q
course with pther contractors and refuss
10 do SO with Caldwell & Drake.
How Matter Stands,
an order to safeguard the county's In
terests we can't break into this Is per
cent" said Mr.. Lynch. Caldwell q
Drake have already assigned $4,000 OF 1t
to William H. Morrow, special agent OF
the bonding company. Up to Tuesday
the penalties which we believe the county
viii be able to collect for failure to COM
plete the building in contract time
amounted to $4,000; some Of the sub
contractors have claims against the gem
eral contractors; these matters total close
to the Is per cent, which is sl2S,S7s.2o
THE $4,000 assignment was made to
enable US to settle our affairs" said Mr.
Stout. why should you hesitate to pay
us a part Of the Is per cent, when we
want 1t simply to settle our affairs and
close things up properly?'
why should you hesitate to let us oc.
cupy the building?' counter-questionei
Commissioner Best
when did We hesitate?" came back
Mr.. Stout.
Refusal, Not Hestitancy.
John Latenser, architect of the county
building, called attention to the records
to show that Caldwell & Drake were
asked to sign consent to the county's
occupancy, and had neither signed nor
gave any reply That looks as II you
hesitated," said Mr.. Latenser
1--WE didn't hesitate" said Mr.. Stout
I'VE simply didn't do it. We unequivo-
cally refused.
"Well, then" said Commissioner Best
'dt is the sense Of this board that we
unequivocally refuse to pay any Of the
is per cent until the building is finished"
That ends it," said Mr.. Sout, throwing
up his hands and rising to leave.
wait a minute" said Commissioner
Lynch. Il want you to hear this reso-
luton. Stout and Drake heard the reso-
luton read and adopted and then de-
parted.