CO129-451 - Public Offices - 1918 — Page 98

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96

Parliament Mansions,

Victoria Street,

Westminster. 3.W.

12th June, 1918,

Contract.

I have considered the documents sent to me on the 13th day.

This contract was to supply and complete in 90 weeks from acceptance of Contract,

The dates given in Mr.D.Jaffe's Report (19th February, 1918) for delivery F,C,B, do not apply to the contract as accepted.

The contract was accepted by letter dated 9th January, 1914, 80 the plant should have been erected ready for working by the lat October, 1915.

mesars.James Simpson & Co's Brector arrived in the Colony on the 27th March, 1915, but was unable to proceed with the erection, as the buildings were not sufficiently far advanced, the engine room not being roofed in so that erection could proceed, until December 1915.

Time was an essential part of the contract, the usual powers for extending time were not inserted, and the Specification was strictly drawn binding the Contractor in the Clauses 16 and 17.

But the Contractor was prevented proceeding with the erection of the engines until two-and-a-half months after the time allowed in the contract for completion. In the circumstances. the proper course to pursue would I suggest have been for the Government and the Contractor to have mutually agreed a new date for completion of contract.

This does not appear to have been done, and I have difficulty in seeing how C1.16 and 17 could be enforced for delays that arose Then Getober 1915, but previous to December, 1917, when an agreement was come to between Mr.Jaffe and ur.Norman for Simpson & Co.

later

I have been unable to interview dr.Dyer, the Fitter who was n charge of the job,and when last heard of he was at Bombay, but he has ot yet reported in London, and the firm have no information regarding him

Any question of compensation or enforcing of penalty under the ontract is complicated by the delay in handing over the building in a ondition fit for erection to proceed when the Contractor was ready to 10

together with the effect of War conditions, both on manufacture and aipment (which, however, might or might not affect the case).

The letters of the 27th February, 1918, from The Hon. The Ivernor of Hong Kong to the Right Honourable the Secretary of State for le Colonies mentions that "no actual loss has been suffered from the relay in handing over the new engines." From the conditions, December, 1917, agreed between ur, Jaffe and ir,Norman for James Simpson & Co,it is apparent no inconvenience was anticipated due to the necessity of replacing certain parts from this country, as it states" such replacement to be effected so soon as conditions in England permitted, etc., or in any case not later than six months after hostilities have ceased.

I have just been informed that the parts have been shipped and

an Erector will sail for Hong Kong, via America, by first available boat.

30 far as the Contractor is concerned, in substituting parts

10 avoidable delay appears to have arisen here.