Newark post., 1915-03-10

taken in all the courts as hquidated
damages for the non-performance
of the work in the manner afore-
said, and not in the nature of a
penalty. In addition to the sums
above specified and authorized to
be deducted from amounts due the
contractor for non-completion Of
the work within the time specified,
the Sewer Commission is hereby
authorized to deduct the sum of
twenty-five dollars ($25.OO) for
each and every day which shall
elapse after the period herein
above mentioned for it's completion
until it's satisfactory completion !;
and for each and every day prior
to the above specified period which
shall elapse after the work is salts
factorily completed the Sewer Com
mission shall pay to the Contrac-
tor, the sum of twenty-five dol
lars ($25.OO) in addition to any
other sums to which he may be en-
titled. The Sewer Commission,
upon the recommendation Of the
Chief Engineer, and upon written
notice from the Contractor of the
existence Of causes beyond his con-
troll tending to delay the completion
of the work, may extend the time
for it's completion as to it may seem
just and equitable, but only upon
the Contractor written agree
ment to have the Sewer Commits
sion retain from any money due
him such amounts as the Town will
be called upon to pay for the engi-
aeering services and inspection re-
CURED beyond the time which is
heretofore fixed in this agreement
for the completion of the whole
work.
1t seemed clear to me that under
the above terms the time allowed
for completing the work was Of es-
sence to this agreement, and that
the only way the time could be ex-
tended was by the Contractor for
mally applying, through the Chief
Engineer for an extension of time,
setting forth in his application
causes beyond his control which
tended to delay the work by the
Contractor signing an agreement to
have the Sewer Commission with
hold any money due him that the
Town would be called upon to pay
for engineering services and in
spection beyond the time fixed in
the agreement, and upon the Chief
Engineer recommendation to the
Commission for the extension of
time applied for.
In compliance with Section r
of the agreement the Contractor in
January did make application
through the Chief Engineer for an
extension Of thirty days, stating as
causes beyond his control which
tended to delay the work:
His inability to get labor and by
the delay occasioned by the rail
road in not shipping the digging
machine as soon as it was loaded.
Mr.. Hatton replied that he
would not consider his inability to
get labor as a condition beyond the
contractor control, but that he
thought the delay in getting the
digging machine was, and that if
he would sign an agreement which
he enclosed, he would recommend
an extension of twenty days.
This Mr. Jacobs did not do, and
. when Mr. Hatton came to Newark
and made his final inspection of the
system, he met with the Commits.
sion and the matter of penalizing
the contractor was discussed, and
Mr.. Hatton told the Commission
that the Penalty would be charged
and the Commission so agreed.
In accordance with the agree.
ment the Chief Engineer submitted
his final estimate within thirty days
after the work was completed and
: the contractor was charged with
fifty-nine days penalty which
, amounted to $1,475.
, Section ID of the contract reads
g is further agreed by both
/ parties hereto that no payment fol
labor done or materials furnished
under this agreement shall be due
and payable until the estimate fol
such payment is certified by the
Chief Engineer to the Sewer Com