The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-08-27
TRY TO SETTLE
CLAIM TODAY
Contractors Claim for De-
lay in Securing Site
Halts Proceedings.
SUGGESTS COMPROMISE
Committee Is Named to Con-
slider Contractors Offer TO
Settle $4,000 Claim.

One thing stood in the way this
norning of definite announcement OF
plans for the formal opening OF Ke-
nosha county's new courthouse.
The building is completed and IS
ready for occupancy. The county
board has inspected it and has voted
to accept it. But there is claim for
$4,000 brought by the Hutter Con-
struction company, contractors for the
building, which this morning was
standing in the way of proceeding
with the plans for opening.
Negotiations, however, were being
carried on with view of settling the
difference either by a complete set
Element of the claim or by an agree
ment to refer it to arbitration. There
was reason to believe that some such
agreement might be reached today as
the county board voted to refer the
claim to a committee which is to meet
with the constructor and report back
to the board this afternoon.
Delay in Securing Site.
The claim is the ola one which
arose out of the delay in securing the
site on the time scheduled to turn 1t
over to the contractor 1t goes back
to the situation that the city was to
secure the site and turn it over to the
county in exchange for the site al
ready provided by the county. The
city met with difficulties in securing
one corner of the site at the sched-
uled time, delivering it several months
later. The contractors claim arises
out Of the delay. The contractors
dealings, however, are all with the
county and the city is not involved as
yet legally in the tangle.
The county board several days ago
tentatively made plans for opening the
building early next week, probably on
Monday or Tuesday. 1t had not, how
ever, come to an agreement with the
contractor regarding the turning over
of the building to the county and
when final negotiations started, the
contractor recalled this claim and in
sisted upon some action regarding it.
Compromise is Offered.
The Hutter Construction company
several months ago offered compro-
mise settlement on the claim of $751;
500 This morning George Hutter
president of the company, appeared
before the county board and submit
ted that since that offer had been
made, two things had arisen to in
crease the amount of the claim. One
was the fact that during the six month
period caused by the delay there had
been two increases in the wages paid
to plasterers being an increase in
cost to the contractor, which he be-
lieved could be settled for $500; the
other was the cost occasioned by q
renewal of the bond for an additional
six month period, amounting to- APP
proximately $500. He stated that in
view of these things the company
could now submit an offer to compro-
mise the claim for approximately
$42, 500.
Supervisor zerfas, chairman of the
committee which had gone over the
$4,000 claim told the board that the
committee believed fair figure was
$4,000 after thoroughly checking the
claim. In view of these prop osals the
board recessed to allow the committee
and the contractor to go over theil
figures together.
Cites Clause in Contract.
When the county board hit the snae
of disposing OF the claim before j
could get possession of the new court
house, it was pointed out by the con
tractor that there was a clause in the
contract whereby all bills for extra;
should be submitted to a board of ar
bitration, composed of three members
one named by the board, one by the
contractor and the third by the tive
other members. He suggested tina
this was claim for extras and shoulC
be settled in this manner if it was
not settled on the compromise offer
The board sought legal advice from
Judges Slater and Baker, both o.
whom stated that in their opinion thu
arbitration clause did not apply to thu
claim in question. 1t was declared
that the contractor when he entered
into the contract understood the sit
uation and for that reason could hav
anticipated the losses. The two judg
es, however, stated that they favored
equitable settlement of the claim blu
that they could not in view of tn
facts advise the board that a lega
claim could be based on the arbitra
ton clause in the contract.
District Attorney Lewis Powell ap
peared before the board this morning
and suggested the plan to have tn
committee confer with the contracto
and bring in a report regarding tn
claim.
The board is planning to open tn
courthouse early next week in tn
event that it can secure delivery 0
sne building by an agreement on Sh
claim. Definite announcement of tn
plan will be made probably on Friday