Repository: UIHistories Project: Board of Trustees Minutes - 1914 [PAGE 184]

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UNIVERSITY OE ILLINOIS.

[March 5,

January 25, 1913, page —) awarding the contract for this building to English Brothers constitutes a legal contract with that firm irrespective of the signing of a formal document by the officers of the board; and, second, that the plans for this building may be restudied and plans considerably different from the ones on which the bids were made may finally be approved without invalidating this contract, and that in such case the board would be justified in making adjustments with English Brothers as to the terms of the contract and allowing them to erect the building under that contract without calling for new bids. The State Architect recommended that English Brothers be authorized to proceed with the erection of the Stock Judging Pavilion in accordance with the modified plans before the board, provided that the changes in the plans are approved by the Supervising Architect of the University; provided, further, that the amounts of deductions and additions are satisfactory to the Supervising Architect of the University; and, provided, further, that the counsel of the University shall file a written opinion confirming the oral opinion given by him to the secretary of the board as reported above.* On motion, the foregoing recommendation of the State Architect was approved, the vote being as follows: Ayes, Mr. Abbott, Mr. Blair, Mrs. Evans, Mr. Grout, Mr. Hatch, Mr. Hoit, Mr. Montgomery, Mr. Moore; noes, none; absent, Mrs. Bahrenburg, Mrs. Busey, Mr. Dunne, Mr. Meeker. MATTERS PRESENTED BY T H E PRESIDENT OF T H E U N I V E R S I T Y . consideration:

President James presented the following matters for DEPOSIT TO BE CHARGED FOR KEYS.

(1) A recommendation from the Council of Administration, passed a t the council meeting of February 11, 1913, that a deposit of 50 cents should be charged for every key issued by the University for any building, room, or desk. On motion of Mr. Abbott, this recommendation was approved. LEASE OF SULLIVAN LAND.

(2) A communication from Dr. Eugene Davenport, Dean of the College of Agriculture, stating that Mr. H. W. Mumford, Professor of Animal Husbandry, acting as agent for the Board of Trustees, had. on January 22, 1912, leased from Mr. William Sullivan, of Champaign, the following described property, namely, the southeast quarter of the southeast quarter of section nineteen (19), and the northwest quarter of the northeast quarter of section thirty (30), township nineteen (19) north, range nine (9) east of the ^Third (3d) Principal Meridian in the *INRE THE CONSTRUCTION OF THE STOCK JUDGING PAVILION. To the Board of Trustees of the University of Illinois: Through your secretary 1 am asked to render an opinion concerning the award of the contract for the construction of the Stock Judging Pavilion to English Bros. As I understand it, the board referred the bids, which had been opened, to the Executive Committee and the State Architect with instructions to accept Alternate " B " minus " E " and with power to act. Although the bid of Mr. Stoolman was the lowest of the four opened [i. e., on " B " minus " E ; " in Alternate " B " taken by itself (the building complete within eight months), English Brothers' bid, which was the bid accepted; was the lowest], such reference did not limit the Executive Committee to the authority to accept his bid and enter into a contract. The reasonable construction to place upon that action of the board was to authorize the Executive Committee to contract for the construction of the building within eight months with the deductions provided under " E . " "While it is true that the Executive Committee and the State Architect on January 10,1913, exceed the authority which had been given them, their action was approved by the Board of Trustees at its session of January 25. The awarding of the contract, therefore, to English Bros , may be considered as board action, irrespective of the action taken by the Executive Committee and State Architect. Now, if the terms of the contract with English Bros, were there agreed upon and it was voted that a contract should be drawn up embodying those terms (to be signed by English Bros, and the President of the board) and if English Bros, have compiled by signing the written instrument and have done all other things required of them to make the contract a complete one, it would be at law regarded as a legal contract, irrespective of the signing of the document by the president and secretary of the board. What I mean by that is that if all requirements excepting the mere attaching of the signatures of the president and the secretary t o the document have been fulfilled, the board cannot insist that there was not a contract. As to the second question, to-wit, whether the board will be justified in making changes and adjustments with English Bros, as to the terms of the present contract and allowing them to erect the building under that contract without calling for new bids, I will say that the board has such power. Even if the written document has been signed by both parties and a bond for the faithful performance of the contract has been signed and delivered, an agreement for changes of plans and specifications between the board and the contractors would be legal, unless of course the agreement should be tainted with fraud. Respectfully submitted,

O. A. HARKER

arch 10,1913.

Legal Counsel