THE WATERWORKS CONTRACT AT DEVONPORT.

Auckland Star, Volume XXIV, Issue 223, 20 September 1893, Page 8

THE WATERWORKS CONTRACT AT DEVONPORT.

(To tho Editor.)

Sir,—Next Monday the Borough Council meet to consider tenders for the abovementioned contract. Before the Council commits itself or commits the ratepayers, I desire to point out some very objectionable features in the general conditions ot the contract. The importance of the subject must be my excuse for troubling you. It is provided that, "if there is any discrepancy or ambiguity between the drawings and specifications the Engineer may rectify them and the contractor shall have no claim for compensation or damages in consequence. "Tho contractors to have noclaim on account of errors or inaccuracios.

"Additional drawings may be issued,and must be taken as a part of the contract. " If it shall appear to the Council that the contractor is Likely to be behind time. Council may soizo all plant and material, and finish the works at contractor's risk, who shall have no power to intorfero." If any one had sot to work to frame conditions with tho view especially to give rise to disputes nothing bettor could have been arranged for that purpose than the above, and it is almost inconceivable thab a number of presumedly intelligent person? should asßent to such clauses as these ; tho real offect they have for a csrtainty is to in. crease the cost of the work. But Clause 19 gives the finishing touch and renders tho whole a complete work of art. I give this clause in full:—

"Should any dispute ariso as to any mailer or thing connected with the execution or performance of this contract it shall bo referred to the Mayor of Devonport for the titno being, and his decisions shall be final and binding on all parties." Really (in thoso days) that almost takes one's breath away, the Council are. surely all New Liberals of a very pronounced type. I mentioned these peculiar provisions to a Borough Councillor and his excuse for them was thut the Council thought it best to keep the whip hand. In doing that they have,no doubt,unconßciously opened a very ' wide door for corruption. With these conditions the contractor would naturally seok to make a friend of the Mayor. He would be compelled to do so, and if it should happen that an unprincipled man hold that oiiico, no better opening for peculation could be desired than is horo presented. I wish to say distinctly that I am not insinuating anything, and that I assume as a matter of course that tho provisions of thin contrncb have been drawn solely with tho view of protecting the interoab of ratepayers. Nevertheless, it is a fact that Councillors in their endoavour to hold tho " whip hand " liuve created tho mosb perfect machinery for turning tho'whip hand upon themselves, or more properly upon the ratepayers. It is always besb to have agreements which are fair upon the faco of them to all parties concerned therein. Have contractors no rights? or why should blioy bo asked to sign conditions which virtually compel them to surrender their independence and manhood ? and which would make them liable to be forced into adopting unworthy means of coming by their own. Tho Borough Council have without doubt eoriously erred in this matter of general conditions for the contract. The clauses I have mentioned will, to say tho least, diminish legitimate competition, and that is a most important consideration for the ratepayers. Clause 19 is inadmitssiblo upon any defensible ground whatever, and should be expunged, and the usual proper arbitration clause insorted.

in contracts drawn up by tho tnoßt skilful and fair men it often happens that circumstances arise which give room for honest difference of opinion between the engineer | and contractor, as to a jußfc settlement of I accounts. In such a case (which is really what has to lie provided for), any one bub an experienced expert would bo perfectly useless as an arbiter. Wo are unlikely to have such a one for our next Mayor, but if by accident) we should, I hope ho would have more respect for tho credit of the craft than to take such an oflice noon himself. I have nol) an idea who is the coming Mayor of Devonpoi fc, but: it ho should bo the best; man living I should protest still against; clauso 19 (which makes tho Mayor solo arbiter, becauso it is wrong on principle ; lie ia a party to tho contract (of necossiby) an interested party in ic. That fact alone ought to debur him from assuming a judicial function. I am told the law forbids it; if it does nob forbid, then it ought, to do so. I hope the Council will ateor clear of litigation over the contract. With tho view to assist them bo to do, and for protection of ratepayers, I respectfully solicit their careful attention to the matter referred to herein.—l am, etc., VV, Pun.cox. i Devonporc, September 19th, 1893. I