Evening journal., 1914-01-06
SHOULD PAY
FOR PlLINCS,
COURT nEAGS
Attorney Walker Says wOTk
Done Was not Included in
Bridge Contract
AGREtMENI SAFEGUARDS
AGAINST GRAF kXThA

,uliah C. Walker, attorney ior the
Lev, ~o,ut today gave thai body an
opinion than ine bill for SIS presented
Dy tb, Atlas fridge Company ior dny
np sign, extra piimgs near the new
ihwd street Dridgc is legitimate caim
and ought TO 1c liaid Oy the court. aion-
with bill ior SlO.35 tor moving tic
steamer Clrcl ont OF its muddy bed
in the b. ~ O. dock ot Third street on
tho Christiana.
The Levy Court few weeks ago
passed the nill oi the Atlas Bridge Com
pany. but n response to some criticism
the bill was reconsidcrcd ANA Attorney
Walkcr was asked Tor an opinion az 40
it, validity. The point was raiscd thai
under the contract of the Atlas Bridge
Company. which has tine award 20 con
struct tne suDsirncturc OF the new
third street bridge, the company shouie
receive no extra allowance TO, any work
done, tic contract price supposedly 10
cover All work 10 be done.
Attorney Walker anaiyzes an ien gth
the Atlas Company contract. and
saws the agreement entered into ia
not fer the company to construed 'al
the substructures complete in every
detail foi o certain definite SUM Of
money named The contract be-
tween the Levy Court and the Atlas
Bridge Company Is "A clean-cut agree
ment whereby the contractor agrees
10 furnish certain materials and 70 do
certain work for certain specified
prices
AIR. Walker also sets forth that the
"conti actor was required 20 name IL
mis- bid sueci1c m1nimum unit price
tor any materials winch the consulting
engineer. fOi reasons that mlgnt NOT
appear at the time the contract as
executed, but migni appear daring the
progress OF the work. should decide
TO omit from or add 10 The specific
quantities named in the contract
Mr. Walker says that IN eAcaNat-
ing for a concrete fOUnOauou II vas
necessary to cut OF and remove som'
wharf logs. Five new pihngs we're
ordered driven there by inc consult
ing engineer or county engineer
"Theso piles were not driven lcr tn.
benefit or accommodation o. Tire con
tractor, nor TO protect the work IA
course oi construction nor 90 repaI
damage to other property. says Air
Walker in his opinion but g,
strengthen the lower foundation be
low the concrete which was beini
built The contractors bill IS al eh'
unit schedule OF prices named ia th
contract. Mr. Walker points out, an'
adds.
After examining very caremll
every part Of TINS comprehensir
contract. and after taking into ool
sideration al the facts and eifclp
stances in connection with ihc uaq
tlcular matter under consa sites :
am clearly OF the opinior that 81
contractor is entitled % eNt7e con
pensatlon for the ave addiiioHs n'l1
above mentioned and at t'ir unit nV'c
named in the contract.
"The other three of tse asle pila
for which q charge = made t~co ID
ing to the bill under ccpsif ofs ,icn. 3
well az the charg7 for re fire r'
steamboat tlrica, which goes 20 70 :,
up tho balance or the bill. under tn
statement of facts presented 10 n
and about which all parties agre
present such plain case that il
difficult TO understand how .sy on
can raise objection thereto from
legal standpoint"
Regarding the three piiings NJ
Walker shows that the Levy coiu
found il necessary TO remove IL
steamer Iflrica from the 3 - ~
the Wilson line consentnc. TT
boat WAS pulled out OF the lin an
was made fast to three DiEnE ~
Court had the Atlas Compauv &C. dril
three billings to which the boat no
Is made fast This work was In !
vay in connection with tic copsiru
fion Of bridge substrnrtures. "
Waikor SAWS 10 concludes
$50 much has heeu said during The di
cussion Of this narticular bin. runccrniI
the general subject of oytras IN connc
tion with the construction OF the ne
Third street bridge. that nave deem'
r. wise 10 take the matter mp at tn
time with John IT, Grciner. the consultii
engineer. who prepared the entire 90
tract under which the work is being dol
and who is responsible To the Lev
Court of New Castle county for all ma
ter- in connection with The constructi'
of This bridge. have gone careful
over the entire contract with y
Crciuor and We have examined eve
mart thereof. including tire plans al
anecidcations. Mr.. Greiner assures q
that there will be very few extras
connection with this contract. q
convinced that the contrac' as who
with an rs many provisions. covers
most cyprv conceivable contingency q
IS most carefully worded aereeinei
and 7 fail % see how there can be a.
rir,ft ar useless and unnecessary eNpe
,liturcs in the form of extras. witho
The connivance- of the consulting ON
naer himself. the superl isor. the coun
engineer aud the bridge committee.
well a. the contractor
Every member Of the Levy Court a
The county comptroller. as well as a
.itizon or taxpayer. can satisfy hims
II any time as 10 Just whatework }
f--p-------------