The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-13
CLIPPED CONTRACTS
STIR SUBWAY ROW
Threats Of Suits When Est,.
mate Board Cuts Extra
Work Provision.
AFFECTS S5,58O,5l Ribs

The Board Of Estimate. by climina.n,
from &5.5s0,5I worth Of subway CO..
tracts yesterday a clause permitting N.
contractor and the chief engineer % N.
Public Service Commission to axr.. NJ,
a lump sum to be paid by the city 10.
extra work. drew threats OF LITIGATION
and long delay which Acting Mayor Nc.
Aneny took seriously and Comptroll.r
prendergast laughed at.
One OF the contracts, for nearly s..
900, 900. was awarded some time ago Nv
the Public Service Commission TO IN.
Hofbrook, Cabot & Rollins Company. 4,
ID for the construction of the Broadway
subway. between Thirty-eighth and
rifty-first streets. Tn attorney for this
corporation. ex-Lieut.- Gov. Thomas F
Conway, said last night ma. he would
Ask the Supreme Court to-day to compel
the Public Service Commission and III.
Board Of Estimate, by a writ Of mania.
mus, to ratify the contract with the lump
sum clause intact. The Comptroller SAID
that this suit need not be seriously con.
sidered. 'as the contracting frm has no
legal standing in the matter"
Board DisreEards Protest.
After passing about s73. 900, 900 worth
of contracts providing for the extra work
payment, the Board of Estimate made UP
its mind last week that such a provision
was dangerous. II was so advise! BY
Tilden Adamson, director Of the bureau
of contract supervision. The Holh-ook,
Cabot q Rollins contract happened 20 to
the first one which the board questioned.
MIR. Conway protested that the contrac.
had been legally awarded TO his COM
pany as the lowest bidder. but the EST.
mate Board said that didn't make any
diference-no contract was legal u3tl
approved by the board.
When the Estimate Board met yeff"r'
day Il had ON opinion from acting Cor
~poration Counsel Hahlo He sud taat
the elimination OF any claus In ths
contract by the board was equivalent
TO disapproving the contract. lie added,
however, that the agreement would le
legalizcd II the Public Service Commis-
sion ratified the change a by tho
Estimate Board But up to this time
the commission has declined TO do this,
holding that II a contract Is dsapiroved
nv the Board OF Estimate II must be re-
advertised for new bids.
The H%olbrook. Cabot 4 Rollins COM
pany. "a the lowest bidder IN the former
competition, naturally objects to having
the whole matter thrown open for other
contractor to bid upon. Hence the
threatened mandamus suit.
McAneny Against Action.
Mr.. McAneny strongly advised the
Estimate Board to approve the contract
without change, Just as Il cam" from
the Public Service Commission. 40
body voted with him. however. except
Borough President Connolly a. queens.
In addition 20 the Holbrook contract
these other agreements were approved
with the extra work provision struck
Rodgers & Hagerty. construction u
Eastern Parkway subway. Bro'h.yn,
s2,17O,S52; Bethlehem Steel Products
steel. Sl,202.l2s; Post &
McCord, Section l OF Route ~. $N7Ie'';
Share 4 Triest, Astoris-Coroti l'r,
sSS4.s59. Rodgers Il Hagerty we"' w...
ing 10 accept the contract A. w.lia'1.
Comptroller PrendcrEas' sad last
night that no delay sxceeliuc 'rr"e
weeks should result from I'm" t:Ha
OF the board.
Leroy r. Hardness, assisiHr' nnu' sci
Of the Public Service Comm ss'.n,
thinks long delay Is inevitable aud hat
the city will lose considerable money
In interest charges. The section which
the Holbrook company had agreed 70
build is a vital link in the dutl system
Until II is completed the Brooklyr Rapid
Company's lines ca'u", be
operated.