The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-03-17

architect or county commissioners re-
fcrred to in Articles > and OF this
contract, and file such dissent in writ
! ing with the architects within ten (1O)
Gays of the announcement of any de-
I eision. then the matter shall be re-
ferred to a board of arbitration to con-
sist of the one person chosen by the
county, one person chosen by the con-
tractor and a third Person selected by
these two The decision OF any two of
these arbitrator shall be final and
binding upon both Of the parties here
to. Each party shall pay one-half Of
the expenses of such reference
Referring to Articles and S and
and of the contract, which by Ar
ticle u is made the subject of arbitra-
ton. find that Article 8 relates to au-
thority of the architect to order al
terations. changes, additions or omis-
sions, not to exceed 100000. See con-
tract.
Article 8, and also the amount to
be paid by the county and allowed by
the contractor by virtue of such al
terations, changes. additions or omis-
sions. and on failure to agree, the de-
| termination of the amount shall be
referred to arbitration as provided in
Article u. See contract.
Article 5 referred to the refusal or
neglect of the contractor to supply
Il
wCrkmen. or a sufficient amount Of
proper materials of the proper quality,
or fail in any respect to execute the
work with promptness or diligence, or
fail in the performance Of any Of the
agreements therein contained. The au-
tEority is given TO the county to take
charge Of the work and provide the
materials, labor, etc. upon the certifi-
cate Of the architect. The county to
d hf
contract until the work is finished.
Article referred TO in the arbitra-
| ton clause. referred to any delay to
| the contractor occasioned by the
county or the 'county's agents, or on
account of delays of any chara cter
without his fault, he is TO receive a
4 credit for the time lost. and the period
| for the finishing of the Jail shall be
extended, which extended period shall
/ be determined and fixed by the county
! Article s provides for the county en-
tering into other contracts for other
work necessary in the construction of
! tie building and agrees that such
other work SHAH be carried on so as
rot to delay or cause loss to the gen
eTal contractor and if delay or loss is
occasiOned by other contractors en-
| plCyed by the county, the county shall
| become liable for, to the general con-
I tractor.
| These are the articles for arbitra-
4 tion referred to in Article IL OF the
I contract. I do not find anything in the
| contract that requires the board to ar
/ bitrate the differences now existing
4 between the county and the Blount
/ Construction Company. IL, as a mat
/ ter of fact, the contract provided for
arbitration, in my judgment, such pro-
vision would be invalid, because Sec
ticn S09 of The General Statutes of
| Florida, provides among other things,
THAT the whole amount due for the
| building of such court house or other
| public buildings, should not be paid
Until the said building shall have been
| inspected by the county commission
ers; and twenty per cent go per cent?
Of the original contract for the cree
tion of said building or buildings,
shall remain unpaid until such inspec-
ton by the county commissioners is
made end tho court house or other
public buildings or building is accept
ed by the county commissioners
/ This, in my judgment, places the re-
sponsibiity for the decision of the
n1atters in question upon the board of
/ county commissioners and that board
| being a body crestsd by law, charged
urdsr the statute with the duties mem
! toned, make il their duty, and give
them no authority to substitute some
4
1 In other words they cannot delegate
the power which is conferred by the
statute.
| County Not Bound by lIIsgsI Payment.
| | notice further that the BIount Con-
| stfuctioa Company claim that several
os the items such as concrete footings
which the architect reported made
smaller, and that = credit was due
back TO ths eounty--snd also the con-
tract for plaster moulding on the sec
4 ond floor, which was an extra, and
there may be several other items
which ! have overlooked, but in the
two mentioned, the 5Iount Construc-
/ ticn claim that the whole matter has
been settled heretofore by payment by
| the county in accordance with the
! changed contract. ! beg to advise that
! if IL 10 found that payments have been
made to the 5lount Construction Com
psny on account of work, labor and
! materials in any manner whatever,
1 that was required to be done under
| the contract, plans and specifications,
that even though the architect had
I stated to the board the item was an
extra outside of the contract, and the
board acting on such . statement, au
thoFized payment of the extra work.
or entered into a contract for the ex-
ira work and paid for same, would
| not bind the county, and until . final
settlement is reached, any credits for
omitted work or materials required TO
De done under the general contract, or
any extra allowed for work or ma
terials that were included in the con-
trsct, the county is entitled to credit
for, and may hold back or may re-
cover such amounts from the con-
tractor.
Interest Cannot BE CHARGED.
Taking up now the statement Of the
! Blount Construction Company to the
beard of county commissioners dated
January 25th, 1912, l beg to advise
that item L. page l, interest on
monthly estimates and final payment
a. claimed by the Blount Construction
Company, should not be allowed. as
NC interest is chargeable to the county
under this contract for delayed pay
ments.
The next item that would mention,
item 10, printing county warrants,
$93.S5, as will be noticed in report of
Mr.. Rommel and Mr.. Johnson, the
contractor agreed to bear half OF the
expense, at q meeting of the board as
shown by the minutes, 5th day of