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Caption: Board of Trustees Minutes - 1954
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1953] UNIVERSITY OF ILLINOIS 1129 extended period of construction. This amount purports to primarily reflect the increase in wage rates between July 1, 1951, and June 30, 1953, plus the increase in t h e cost of fabricating steel and the increased cost of supervision. The contractor refuses to release this claim as a condition t o t h e requested payment of the balance of the contract price (which is not included in the claim), but is willing to enter into an agreement t h a t the payment may be made without prejudice to the University's rights to contest t h e claim and to any claims the University may assert against it. T h e contractor has complied with all contractual requirements. The claims asserted by the Patrick Warren Construction Company are based upon alleged delays or actions of this contractor to only a very slight extent. These alleged delays were due chiefly to governmental restrictions on the use and delivery of stainless steel and appear to have been beyond Bloomer's control. Under the terms of the contract, this contractor probably can not be held responsible for delays so caused. The provisions of the contract provide for final payment upon completion of construction, exclusive of damages, if any. The legal right of the University, under the contract, to withhold final payment for the work done merely because t h e contractor has submitted t h e above mentioned claim for damages is decidedly doubtful and it would be inequitable to attempt to claim or exercise it, even if it could be established. The Director of the Physical Plant Department, the Acting Comptroller, and the Legal Counsel recommend: a. That payment of the unpaid balance of the contract price under this contract be authorized upon full compliance by said contractor with all requirements of the contract and upon execution of an agreement approved by the Legal Counsel, protecting the rights of each party to assert claims against the other and to deny and contest any such claims. b. That such final payments on other contracts pertaining to the Hospital Addition be authorized also, if, in the opinion of the University (i.e., that of its above mentioned officers) the contractors therein have fully completed their work, have not contributed to the delay in the completion of the building, and have fully complied with t h e provisions of the contracts, and if they also enter into similar agreements with the University, relative t o its and their other claims, if any. I concur. On motion of Mr. Megran, these recommendations were approved. OFFER O F LAND TO THE UNIVERSITY A prospective donor of a large area of valuable land has asked University officials to consult t h e Board of Trustees regarding the acceptability of this land for University and public use. He is considering these options: an outright deed of the land to the University under an agreement whereby the University will pay him the net income either for a specified period or until his death, or including in his will a bequest of this land t o the University. In either case, t h e University would be expected to agree to use this land for the purposes specified. The Acting President and the Legal Counsel discussed this offer and the conditions. A memorandum outlining the offer and the conditions more specifically was filed with the Secretary of the Board for record. On recommendation of the Acting President, the Executive Committee, with the concurrence of the other members of the Board present, authorized the Acting President and other University officials to inform the prospective donor that the Trustees appreciate his generous offer and that they are interested in accepting it under conditions which will protect University and public interests and at the same time carry out as fully as possible his wishes. The Executive Committee adjourned. A. J. JANATA H E R B E R T B. MEGRAN FRANCES B. WATKINS Clerk PARK LIVINGSTON, Chairman
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