The Birmingham age-herald., 1921-12-09
DUNN SAYS HIS FIRM WAS READY
 TOFILL CONTRACT
Claims it Lost by Waiting on County-Contends Con- tends Contract Should
 be Let as Promised

w R. J. Dunn, of the Dunn Con struction company. in discussing the proposed injunction proceedings against the awarding of a contract for the paving of the North Bessemer road, points out the reasons why he believes the contract should be let. In an interview yesterday he said;
 We were very much surprised at the interview of MT. Benners with reference to a proposed injunction suit to restrain the Jefferson county board of revenue from carrying out its contract with us for the construc- tion of eight miles of the North Bes- semer road from Bessemer to Fair field.
 "The county advertised for bids on this work. There were many bidders Mir, Benners does not inform us whether any of the unsuccessful bid ders are the citizens who have em- pfoyed him or not The board found that our company was the lowest re- sponsible bidder, our bid was unan- imously recommended by the advisory committee then assisting the board. 1t was accepted and the work was unanimously awarded to us by the board. We at once executed the con- tract We also sublet a part of the work, made contracts for material increased our force and began to get our labor together We insisted upon going forward but the board declined to let us do so on account of certain complications with reference to the sale of bonds and certain litigation which suddenly arose with which we had no connection Though we were at all times ready, willing and able to perform this contract, the old board was not willing for us to begin work, in view of the complications and liti- gations referred to. When the new board came into office it adopted a resolution attempting to annul our contract, this action, according to our information, being taken as the re- suit of suggestion by a state public examiner that the board should can eel the contract or he would charge 1t as a liability against the county. We did not consent to a cancellation and knew nothing about it for several days. When we learned of 1t we en- tered a vigorous protest. The ques- tion of prices came up and was re- ferred to special committee. The new board also consulted it's attorney. After fully considering the matter, 1t adopted a resolution setting aside the attempted cancellation. An injunc- tion suit was thereupon filed to pre- vent the board from performing the contract. This suit was decided in favor of the board and the board pro- poses to perform its obligations as the law requires 1t to do. Both our selves and the board are bound. This company has incurred large expense in preparation for performance of this contract and in holding itself in readiness to perform. It has also suf- fered loss in being prevented from obtaining other contracts, which 1t could have obtained had 1t not been required to hold itself in readiness to do this work.
 Discusses Prices
 The sole contention of Mr. Ben ners' clients seems to be that the board should repudiate the contract because prices have decreased and other contractors might be willing to now do the work, during these rather dull times, at much less cost After this contract was let there was a con siderable increase in the cost of com mon labor material and freight rates This increase would have fallen on us. to our sorrow and loss, If the board had allowed us to go forward at that time. It is true there has recently been some reduction in the cost of common labor and some of the materials, but the increased freight rates still stand. It seems that Mr. Benners' clients claim that if the board goes forward with this contract now, the work will cost ap- proximately s115,000 more than 1t would cost if tho work was now re- let, which of course is absurd They say that sum is the difference be- tween our bid for this work and bid made by us in october for certain work on the Wylam road. They do not point out the essential differ ences In the two jobs. Of course no one can require them to do so in a newspaper article. The two jobs are not similar and a comparison is not fair. While l cannot point out the differences in brief article, yet a comparison of the two jobs and the materials required to be removed and supplied under the specifications, will show that the hauls for the Wylam job are short hauls compared to the long hauls on the North Bessemer job, that many deliveries can be made on the Vivian job by rail at the points needed, which is not true of the other job and that city water is available for the Vivian job when pipes and other water equipment will have to be purchased and installed for the other job. There are other material differences which l wish I had the space to point out. The sum total of the matter is that the board of reve- nue, acting under legal advice, and this company recognizes the validity and binding effect of this contract on both parties. The sole contention of these clients of MT. Benners that it should be repudiated because their comparison of prices shows that an- other job costs less, seems to Us to