Repository: UIHistories Project: Board of Trustees Minutes - 1940 [PAGE 715]

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712

BOARD OF TRUSTEES

[January 27

RESOLUTIONS APPROVING COMPLETION OF CONTRACTS O N P.W.A. PROJECTS (18) T h e Director of the Physical Plant Department requests adoption of the following resolutions ( L - i , L-2, L-3, and L-4) providing for an extension of time for the completion and acceptance by the University of the work under the four principal contracts on the addition to the Library. These contracts are with English Brothers, general w o r k ; the Carson-Payson Company, heating and ventilating; Anderson Electric Company, electrical w o r k ; and the Westinghouse Electric Elevator Company, elevator installations. T h e extension in each case is to January 31, 1940. T h e University will not suffer any damages, direct or indirect, as a result of this delay, which is due to causes over which contractors had no control. O n m o t i o n of M r s . P l u m b , t h e s e r e s o l u t i o n s w e r e a d o p t e d a s r e c o m mended. R E S O L U T I O N L-i

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

Whereas, it is provided in Contract No. 111. 1962-F, No. L-i by and between the Board of Trustees of the University of Illinois, hereinafter referred to as the Owner, and English Brothers, hereinafter referred to as the Contractor, that such contract is to be completed within 365 consecutive calendar days from and including date of receipt of signed contract; and Whereas, the Owner forwarded to the Contractor his signed contract on the twenty-seventh day of October, 1938, and, accordingly pursuant to the express terms of the contract, such contract was to have been completed on or before the twenty-seventh day of October, 1939 (which date is hereinafter referred to as the "contract completion date") ; and Whereas, it appears that said Contractor is unable to complete such contract on the contract completion date because of the following reasons: Principally due to delays in the start of the project, largely in preparation and submission of shop details for shelving. Also due to delays in production of shelving due to introduction of new design. 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 contemplates completing said contract on about January 31, 1940; and Whereas, damages or penalties are 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 and privileges under such contract and to the Contractor's duties and responsibilities thereunder in the light of the applicable l a w ; Now, therefore, be it resolved by the Board of Trustees of the University of Illinois as follows: (1) T h a t it has been satisfactorily determined that the cause 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 thirty-first day of January, 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 31st day of January, 1940, is otherwise approved;