Minutes-10/10/1984

Gish: Steve's Electric will do electrical work. Baker: Forgive the liquidated damages and call it a wash. Kobold: Why didn't you start earlier? Gish: We work all over the country. Always seems we're in the north in the winter. Had difficulty with weather on every job last fall. Some delay in receiving approval of drawings from Shive-Hattery. Did not communicate well with Schumacher. Motion Stevens second Cox to forgive all liquidated damages from August 27, 1984 to October 6, 1984 and Service Enterprise Corp. agrees not to charge anything extra to the City for pit repair. Roll call vote; Cox, aye; Stevens, aye; Spivey, nay; Kobold, nay; Morgan, nay. Motion failed. Stevens: Will Service Enterprises submit a bill? The last agreement allowed for $3,400.00 repair work. Baker: Change order no. 2 agreed that he would repair the pits and he felt he'd accomplish it in the extra time given. Stevens: Can he submit a bill? Baker: That's something for his attorney and your attorney. Cox: Can he submit a bill for additional charges above the cost of painting? Baker: Change order no. 2 read by attorney. Attorney: Change order no. 2, dated August 27, 1984, amends the contract and is authorized by the owner (City). Change in completion date to August 27, 1984 and liquidated damages of $100.00 per day should accrue after August 27, 1984 until pit repair and painting is completed. No damages after painting and repair completed. Contractor shall make repairs at no additional cost to the owner. I would interpret it as such. It is fairly clear. Have not read rest of contract. It is not clear that the damages ended yesterday, but still apply to site work. Contractor is not in position to come back and make claim for his expense beyond that. Gish: Had to change materials since change order no. 2 was made, because, of continuous coat. Attorney: If that change in materials was of concern to you, it should have been formalized in an additional change order at that time. Change order no. 2 is the last one. This is a formal contract, and no strong formal legal claim to additional money could be made. Could raise arguments as to what is fair. Sometimes a court will recognize such arguments. The nature of the contract is written and formal and I doubt that a court would honor such argument. Engineer presented pay estimate for $13,140.00 for work done so far with the comment that last time he thought there would only be one more payment. Not yet billed for $2,000.00 worth of work not completed.