Repository: UIHistories Project: Board of Trustees Minutes - 1940 [PAGE 695]

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692

BOARD OF TRUSTEES RESOLUTION H-i

[January 5

RESOLUTION APPROVING COMPLETION OF CONTRACT N O . I I I . 1962-F, No. H - i NOT INVOLVING LIQUIDATED DAMAGES UPON A DATE SUBSEQUENT TO T H A T SPECIFIED I N SUCH CONTRACT

Whereas, it is provided in Contract No. 111. 1962-F, No. H - i , by and between the Board of Trustees of the University of Illinois, hereinafter referred to as the Owner, and W m . C. F . Kuhne hereinafter referred to a s the Contractor, that such contract is to be completed within 365 consecutive calendar days from and including date of receipt of signed contract; and IVhereas, the Owner forwarded to the Contractor his signed contract on the 21st day of December, 1938 and, accordingly pursuant to the express terms of the contract, such contract was to have been completed on or before the 21st day of December, 1939 (which date is hereinafter referred to as the "contract completion d a t e " ) ; and Whereas, it appears that said Contractor is unable to complete such contract on the contract completion date because of the following reasons: Decision by the Owner on remodeling present kitchen was not possible until near the end of work under the principal contract in order to be certain that funds would be available for same. I t is the completion of the work under this change order that determines the completion of the contract as a whole. Whereas, it now appears that said contract does not contain a liquidated damage provision, and that said Contractor did not complete the contract on the contract completion date, and contemplated completing said contract on about February 21, 1940; and Whereas, damages or penalties a r e not provided for either in the specifications or the contract; and Whereas, the Owner through its proper representatives has made a study of the facts relating to the delay in the completion of such contract by the Contractor and has given consideration to its rights a n d privileges under such contract and to t h e Contractor's duties and responsibilities thereunder in the light of the applicable law; Now, therefore, be it resolved, by the Executive Committee of the Board of Trustees of the University of Illinois: (1) That it has been satisfactorily determined that the causes for the Contractor's failure to complete the contract on the contract completion date and the delay in the completion of his contract are properly specified in the preamble of this resolution; (2) T h a t it is hereby determined that the Owner has not suffered and will not suffer any actual damages, either direct or indirect, by reason of the Contractor's failure to complete said contract on or before the contract completion date and that the completion of such contract on or before the 21st day of February, 1940, will not damage or injure the Owner in any m a n n e r ; (3) T h a t the Contractor's completion of said contract on or before the 21st of February, 1040, is otherwise approved; (4) T h a t the certified copies of this resolution be forwarded by t h e recording officer to the Federal W o r k s Agency. R E S O L U T I O N H-2

RESOLUTION APPROVING COMPLETION OF CONTRACT N O . I I I . 1962-F, No. H - 2 NOT INVOLVING LIQUIDATED DAMAGES UPON A DATE SUBSEQUENT TO T H A T SPECIFIED I N SUCH CONTRACT

Whereas, it is provided in Contract No. 111. 1962-F, No. H-2 by and between the Board of Trustees of t h e University of Illinois, hereinafter referred to as the Owner, and the Economy Plumbing and H e a t i n g Company, hereinafter referred to as the Contractor, that such contract is to be completed within 365