A CONTRACTOR'S CLAIM.

New Zealand Herald, Volume XLIX, Issue 15142, 5 November 1912, Page 5

A CONTRACTOR'S CLAIM.

EXTRAS ON BRIDGE CONTRACT

DISALLOWED BY COURT.

Judgment for the defendants was given) by Justice Cooper yesterday in the case of G. M. Fraser (contractor) v. the Hamilton Borough Council, in which the former claimed a .sura a little over £1700 for extras in connection with tho construction of a bridge, £500 damages for delay owing to the non-arrival in proper time of certain steel work, etc., and a further sum of £250 damages for delay in the supply of necessary rivets and bolts. For the Borough Council it was contended that the engineer was the sole arbiter in reference to all claims for extras, while the plaintiff maintained that the engineer had been disqualified from acting as arbiter, owing to the fact that he had given an assurance that tho cost of the bridge would not exceed a certain sum, and that he had determined the amount payable for extras upon a wrong basis.

In the course of hisi judgment, Mr. Justice Cooper ruled that Mr. Fulton's " estimate" that the whole work would cost less than- £20,000, whereas it cost over £24,000, was not an "assurance" that it would cost less than £20,000. The engineer's decision in respect to all the extra works, the judge held, was final under the contract between the parties. Judgment was given for the defendant.

Mr. Myers, of Wellington, and Mr. Gillies, represented the plaintiff, while. Mr. T. Cotter, K.C., and Mr. Swarbrick appeared for defendant.