CONTRACTORS AT LAW.

New Zealand Herald, Volume LXVI, Issue 20306, 13 July 1929, Page 14

CONTRACTORS AT LAW.

OTAHUHU WORKSHOPS CASE. THIRD DAY OF HEARING. The Supreme Court was occupied again yesterday with the action brought by D. and J. Miller, Limited, plumbers, Auckland (Mr. Northcroft), against the Hansford and Mills Construction Company, Limited, Wellington (Mr. Watson and Mr. Shorland). Mr. Justice Kennedy presided. The hearing was begun on Wednesday. The plaintiff, as sub-contractor for plumbing at the Otahuhu railway workshops, erected by the defendant company, claimed £2374, being balance alleged to be due under tho sub contract. The principal item was £1350 as the estimated value of certain lead flashing which, it was alleged, was required by the original plan 3 and specifications, but which was afterwards dispensed with owing to a change in the construction of the sidelights in the buildings. The defendant company counter-claimed for £739 in respect of certain deductions to which it considered itself entitled.

Much ot the day was occupied with the further examination of George Smith, a director of the defendant company. Tho witness reviewed his negotiations with Mark Bowles, managing director of D. and J. Miller, Limited. Regarding the changed desigr, of the side lights, requiring less lead (lashing than had originally been contemplated, hf- said that there had been an adjustment whereby his company made an allowance of £837, under protest, to Dorman, Lon*. and Company, which was solely responsible for the alteration. Ho bad no correspondence to show regarding the matter which had been settled entirely in conference with John Duthie and Company, the New Zealand representatives of Dorman, Long and Company. Charles Scott Allen, branch manager for A anci T Burt, Limited, at Auckland, said that there was an ambiguity in the drawings and specifications for the side lights, as to the lend flashing, if any, required, but he would have settled it without difficulty by reference to the Railway Department's engineers and tho principal contractors. Alec Lindsay Robertson, quantity surveyor, of Wellington, and an expert in costing materials and labour, said that he was engaged by Hansford and Mills and other-tendeiers to take off the quantities for (he Otahuhu workshops. He assumed that complete flashing would be required on the side-lights, and provided accordingly in his estimate of the quantity of lead required for the whole job. He made it 76 tons, which was half a ton less than Dorman, Long and Company's original figure. B. C. Chilwell, architect, stated that ho had recently examined the workshop buildings, together with the drawings and specifications He was of opinion that the latter required full flashings on tho side lights. John Dow. civil f>ngitieer, employed by tho Railway Department, who had supervised the cent-ion of the workshops, gave evidence on the same point. The hearing was adjourned until to-day