Repository: UIHistories Project: Board of Trustees Minutes - 1940 [PAGE 717]

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714

BOARD OF TRUSTEES

[January 27

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 completion of work by the general contractor. 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 law; Now, therefore, be it resolved by the Board of Trustees of the University of Illinois as follows: (1) That 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) That 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 manner; (3) That the Contractor's completion of said contract on or before the 31st day of January, 1940, is otherwise approved; (4) That the certified copies of this resolution be forwarded by the recording officer to the Public Works Administration. RESOLUTION L-4

RESOLUTION APPROVING COMPLETION OF CONTRACT NO. I I I . 1962-F, No. NOT INVOLVING LIQUIDATED DAMAGES UPON A DATE SUBSEQUENT TO THAT SPECIFIED IN SUCH CONTRACT L-4

Whereas, it is provided in Contract No. 111. 1962-F, No. L-4 by and between the Board of Trustees of the University of Illinois, hereinafter referred to as the Owner, and the Westinghouse Electric Elevator Company, 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 completion of work by the general contractor. 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