Repository: UIHistories Project: Board of Trustees Minutes - 1950 [PAGE 1085]

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1076

BOARD OF TRUSTEES

[April 19

Funds are available in the State appropriation for "Construction of Utility Distribution System and Remodeling of Existing Buildings" (in Chicago). I recommend that the Comptroller and the Secretary of the Board be authorized to execute this contract subject to the release of funds by the Governor.

On motion of Mrs. Watkins, this contract was awarded and authority given as recommended.

THE COURT DECISION IN THE CASE OF E. C. LEVERENZ VS. BOARD OF TRUSTEES UNIVERSITY OF ILLINOIS (15) The Board of Trustees on November 29, 1049 (Minutes, page 945), authorized the President of the University to employ special counsel in proceedings instituted by the Leverenz Electric Company, Danville, Illinois, in the Circuit Court of Champaign County to secure an additional payment of $8,785.33 on the contract for electrical work in the construction of the Electrical Engineering Building, and in such other proceedings as may be deemed advisable. The contractor claimed the payment was due for extra work performed. The University and its architects denied the claim on the ground that the work was included in the original contract specifications. The dispute had previously gone through arbitration proceedings. The arbitrators reported two to one in favor of allowing the claim, but counsel for the University recommended against acceptance of these findings. Special counsel was engaged and the case was tried. The decision of the Circuit Court, handed down on March 16, 1950, was in favor of the contractor. Counsel for the University recommended that the case be appealed. I did not approve the filing of an appeal. The brief for the University in the trial court was ably prepared and presented, and I felt that because of a technical difference in the specifications the University could not profit through further legal action. I recommend, therefore, that 1. This claim be paid. 2. The Board authorize the payment of $1,437.51 to the firm of Craig and Craig, Mattoon, Illinois, special counsel for the University in this case, for legal services and expenses incurred by that firm, as per bill rendered. 3. The Board authorize the payment of $1,059.67 to the arbitrators for their services and expenses incurred in the arbitration proceedings. There were three arbitrators, one selected by each party and the third by the other two. It was agreed that each party would pay its arbitrator and one-half the fee and expenses of the third. 4. The payment of $55.35 for court and reporting costs be authorized. 5. An appropriation of $11,350, or so much thereof as may be necessary, be made from the General Reserve Fund to cover these payments.

On motion of Mr. Nickell, these recommendations were adopted, by the following vote: Aye, Mr. Fornof, Mr. Herrick, Mr. Hickman, Mrs. Holt, Mr. Livingston, Mr. McLaughlin, Dr. Meyer, Mr. Nickell, Mrs. Watkins, Mr. Williamson; no, none; not voting, Governor Stevenson.

CONTRACT FOR INSTALLATION OF FIRE ESCAPE AT MCKINLEY HOSPITAL (16) The Director of the Physical Plant and the Comptroller recommend the award of a contract for $5,890 to C. A. Petry and Sons, Champaign, the lowest bidder, for furnishing and erecting a spiral fire escape at the north end of McKinley Hospital in Urbana. This is part of a fire protection improvement project which also includes enclosure of an elevator shaft in the attic, installation of fire doors between the center and south wings, and installation of a sprinkler system in the storage areas. Funds are available in the Physical Plant budget. I concur and request that the Comptroller and the Secretary of the Board be authorized to execute this contract.

On motion of Dr. Meyer, this award was approved and authority given as recommended.