The Last Chance Breakwater.

Otago Witness, Issue 1910, 29 June 1888, Page 22

The Last Chance Breakwater.

t TO THE EDITOR. Sir,— A case of considerable importance to contractors was tried in the 'Warden's Court, Arrowtown, on Wednesday. , This was a case in j which the ' contractors, 'Messrs Stevens and Nisbet, Dunedin, sued the Last Chance Gold Mining Company for certificate of completion ■ of contract and extras. They (the plaintiffs) were nonsuited. The contractors had contracted with the company to remove and re-erect their plant on another site, and to,;construct a breakwater for , protection of the, same. ,They ac- j cordingly signed .the plan, and Specifications in the company's office, Dunedin. ' The work was to be done in 'a workmanlike manner, but/ to the entire satisfaction of the "manager." , The ' work proceeded 'forthwith, "and oh completion, which the contractors considered done in aworkmanlike manner, the "manager refused to give themtheir certificate, on the ground that the breakwater was not to his entire satisfaction.' Consequently •the-ease'sWas-brought into court. Tbe principal? witnesses foj^thej plaintiffs were Messrs Eliipt-'and ' Scot," managers of the Premier and' ' Sunrise • mines' respectively. They both stated in evidence that they had examined tho work, and that the'breakwater was according to specifications, and was a satisfactory- construction for- the protection of the plant. According, to jtheir, statement^ vre could infer that it would .be, a lasting, erection long after the Last Chance had. answered their last ca11.,,, •„,'. '. ' In.de'fentie. it transpired that, the manager' had never done any work''of the kind 'before, and to be', done a'ceording "to his whole faction," it' would 'haVo taken the entire sum "of the',cbntract moneys ' One of the witnesses for the defence was a man who styled himself " a last chance " labourer, and who entered the witness box with a strong prejudice.- Auother .one. was am engine fitter. , „, , ■,• , ; . 'The. verdict was given without summing up of the evidence. It would be impossible to pre« sume to think that the evidence of a man who had never done any work, of .the kind before— " a list chance " labourer and an engine fittercould have any weight against the evidence*. of gentlemen ' of the experience' of ; Messrs Elliot > and Scot, who are mine' managers b^' profession. 1 The confidence and position that they Occupy in( mining circles, their, early^ training~and long 'practical experience, entitles them tp .be cpn,-, sidered' " competent, persons' to giye(e;viden v ce in| such a case. The only conclusion that can be arrived at is that etheA merit -of the case .rested 'entirely on tho^phrase "to the entire satisfaction. 1 ' The plaintiffs, whe,n -they signed the specifications in Duiiediri; would take it' for granted that a company like 'the Last Chance would undoubtedly have a manager who had experience in the construction of breakwaters,' and that the phrase " to the entire satisfaction of the .manager,',' .was, merely a, generality inserted in most specifications ; for nothing could, be more pertinent , ,03 -absurd that a man who ■ bad never done any work of the kind before, and whose experience was therefore nil, should exercise a prerogative. It is not surprising that misunderstandings have arisen which have caused the company and contractors unnecessary expenses.' ; It M appeared jn court/ that the jodn-' tractors had written to the directors to 'come and inspect the work for themselves, as it was impossible to deal with their manager. Had the contractors uot been, .satisfied that their work was satisfactory they would not have,taken such a step ; . but to satisfy the vagaries .of .the manager the case had to be calledinto court. This case should be a'cogent caution' to Contractors to beware of generalities inserted in' specifications. Had the manager been a man of practical experience this case in all probability would never have come before the public. Moreover, the Last Chance Gold Mining Com. pany have a difficult, and complicated river claim, which was floated by a brother of the manager, and all attempts hitherto have proved abortive to contend with the wattsr, — I am, &c., June 20. A Long Handled Shotjsl Man.