Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-11-29

White River without danger of stream
pollution.
CONTRACT AWARDED
JULY 16. 1919.
The original contract for the first di-
vision was let 70 the William Grace Com
pany on July 10, 1919, on bid Of S321,-
AIS. The United States Fidelity & Guar
anty Co. was surety on this contract
in the sum of 100000
The William Grace Company started
work in August 1919. Early in 1920 the
company began to have difficulties in
getting railroads to deliver materials and
alterations with the board over alleged
changes in specifications and unreason-
able orders began to occur. Inability OF
the contractor md the board to get along
together continued until Oct. 8, 1920,
when the William Grace Company not1'
fed the board hat it would cease work
altogether on Oct. 8. The letter set out
the following reasons why the company
was quitting:
SOME REASONS WHY
COMPANY QUIT.
Il. You have failed to make payments
to us as required by the contract, which
payments We have been entitled to re-
ceive.
=. lou nave pTOpOSeu " AhuNOF oAN
have made unfair, unreasonable and i'm
proper deductions from estimates due
US in a manner and to an extent moi
justified ly the provisions Of the con
tract.
80. Estimates allowed to US have not
been computed In such a manner as fair
ly to compensate us for work performed
and material furnished and as required
J., Of ha
a. We have not been allowed to pre-
pare or present estimates for work done
or material furnished, and have beer
given no opportunity to have any par
in the preparation Of such estimates OF
In determining the amount thereof.
20. You have not had an engineer upor
the job at times when such engineer
should have been in attendance upon tAC
work.
CHARGE OvERsEERS
WERE UNREASONABLE.
&c. When present, the engineer, his IN
spectors, assistants and agents have been
arbitrary and unreasonable in the1: d.
rection and requirements.
~. We have been delayed at various
times by causes for which you and your
representatives have been responsible.
IS. We have encountered conditions IN
and about the work and tn site thereof
different from representations made &c
us by you and your agents prior to the
execution Of the contract, upon which
representation we relied when the agree
ment was entered into.
80. Material and substantial changes
have been made in the plans for the work
since the contract was executed, by rea-
son Of which we have been required 70
do a large amount of extra work not re-
quired by the contract. and for which
you have failed and refused to pay III
reasonable and adequate compensation.
BOARD DECLARED
TO BE INCONSISTENT.
40 Verbal representations and agree
ments In relations 70 the work, the man
ner Of performing the same. and the fur
nlshng OF certain materials therefor
made by you to us. and with us, respec'
lively, since the contract was signed, have
not been justified by the facts and have
not been performed by you.
THE acts and omissions Of your board
and its representatives above set oat'
together with other acts and omissions
not specifically stated herein. constitute
a breach Of the latter and spirit Of the
contract and from both a legal and an
ethical standpoint release US LEoLu my
and all obligations to furnish any labor
or material in furt her performance Of
the agreement. Your acts and omissions
also have been to our manifest detriment
and have caused us large loss and dam
age. all our rights and remedies in re-
lation to which hereby are expressly re-
served"
SWIFT WRITES
LETTER OFF DENIAL
On oct. il. 1920. Mr.. Swift, as presi-
dent Of the board, wrote to the William
Grace Company denying that the. board
was responsible for any Of the things
charged in the above letter and assert
ing that the contractor had no right to
stop work.
The full board signed a letter to the
contractor on Oct. 10, 1920, informing
the william Grace Company that I'M
less work (Which had been stopped on
Oct o. was started before Oct. 10, 1920,
and prosecuted with vigOr the board
would declare the contract abandoned
and forfeited.
The contractor did not resume work
and on Oct. 20, 1920, the board adopted
a resolution on declaring the contract
forfeited and abandoned and directing
the surety to complete the work. The
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