Repository: UIHistories Project: Board of Trustees Minutes - 1950 [PAGE 17]

EXTRACTED TEXT FROM PAGE:

14

BOARD OF TRUSTEES

[July 22

2. Alleged in each of these fourteen (14) specifications of delay that the causes thereof were by reason of the acts, neglect, or defaults of the Owner or Architect; 3. Also alleged that it could not be declared in default under the terms of its contract until the expiration of said extended period of time equivalent to the time lost by reason of any one or all of the causes as alleged by it; and 4. Also demanded that if its demand for extension of the contract is denied by the Board that matters of dispute or of disagreement or uncertainty be submitted to arbitration in accordance with the terms of its contract.

After discussion of the subject matter of the letter of the W a r n e r Construction Company to the Board of Trustees, dated June 28, 1948, it was resolved that the demand of the W a r n e r Construction Company for extension of time for completion of the contract for the construction of the Women's Residence Hall be and the same is hereby denied; that the allegations of fact in each of the fourteen (14) alleged causes for delay and the alleged causes for delay themselves be and the same are hereby denied; that the W a r n e r Construction Company be and it is hereby declared to be in default under the terms of its contract; that its default is not excused by any provision of the contract or by any rule of law but is the result of its own acts, neglects, or omissions for which it is liable to the Owner for all damages sustained or to be sustained by it by reason of such default; that its demand that the issues, matters in dispute or of disagreement or uncertainty be submitted to arbitration be and the same is hereby denied; that all claims and counterclaims for damages sustained and to be sustained by the Owner, by reason of the default of the W T arner Construction Company in failing to complete its contract in accordance with the terms thereof, be asserted against the Contractor, and that the Secretary of the Board of Trustees be and he is hereby directed to reply to the letter of the W a r n e r Construction Company herein referred to and inform it and the bonding companies of this action. On motion of Mr. Williamson, this resolution was adopted. Mr. Livingston asked to be recorded as not voting.

SEPTEMBER MEETING TO BE IN PEORIA

On invitation of Mr. Williamson and on motion of Mr. Livingston, the Board voted to hold the September meeting in Peoria, on a date to be determined by the President of the Board in conference with the President of the University. The Board adjourned at 12:30 a.m. A D J O U R N E D S E S S I O N , J U L Y 22, 1948 When the Board convened at 9:30 a.m. for the adjourned session of July 22, 1948, the following members were present: President Fornof, Mrs. Holt, Mr. Livingston, Mr. McKelvey, Mr. McLaughlin, Mr. Nickell. Provost Griffith was present; also Secretary H . E. Cunningham, Comptroller Lloyd Morey, Legal Counsel W . E. Britton, and Director J. F . Wright.

MATTERS PRESENTED BY THE PROVOST

T h e Board considered the following matters presented by the Provost, acting for the President of the University.