Another Accident to the Wainui-o-mata Dam – The Contractor and the Corporation
The claim of Mr G. H. Bayliss, contractor for the construction of the Wainui-o-mata dam, for compensation on account of damage sustained by the works during the flooding of the river, came up for consideration at last night’s meeting of the City Public Works Committee. It transpired during the discussion that Mr Bayliss had written a further letter informing the Council that the “backing” of the dam had again been washed out by the flood of Sunday night, and stating that it would be useless to attempt to complete this work until some additional means were meanwhile provided for carrying off the storm water. With regard to Mr Bayliss’ claim for compensation, the City Engineer reported that according to the 7th clause of the contract the contractor was held responsible for any injury to the work during its progress. He added that since the recent visit of the Council to the works the contractor had cut an outlet for the storm water across the table land, but it did not seem to be sufficient, as it was not large enough. The contract time – five months – had expired nearly two months ago, and it was clearly stipulated in the contract that the contractor must be responsible for any damage done while the work was in progress. Moreover, Mr Bayliss had removed the bars from the grating without his knowledge or consent. The Chairman (Councillor A. W. Brown) said this was a serious matter, and the Council ought to come to a definite decision upon it. Councillor Danks thought the committee ought to hear what Mr Bayliss had to say upon the subject in the first place. Mr Bayliss was accordingly admitted to the committee. He stated that when the flood washed backing out on the previous night the work was near completion. The Chairman – You say that until some other outlet is procured it will be useless to attempt to complete the work. Mr Bayliss – I contend that the Council ought to provide means for carrying the water off. The Chairman said the Council could not acknowledge any such obligation. In reply to Councillor Danks, Mr Bayliss stated that the upright grating in front of the tunnel had never been fixed, consequently he had not moved it. Replying to the Engineer, Mr Bayliss admitted that he had removed the bars of the grating. The log which caused the first damage came over the top, where there was no hood. He added, in response to further questions, that the top grating was to have been provided originally, an allegation, however, which the Engineer disputed, explaining that it was only to be provided if found necessary. The Mayor – Are you likely to go to law, Mr Bayliss, supposing the Council decline to admit all this claim? My Bayliss – I don’t know about going to law; but I certainly can’t suffer this loss. Councillor Petherick – How long are you over your contract time now? The Mayor – That’s the point, if we are going to law. The Engineer – He will have been two months over next Thursday. Councillor McKenzie – If the contract had been completed within the five months, would he have sustained any loss? The Engineer – No; the first damage occurred after the expiration of the contract time. Mr Bayliss, having nothing further to say, then retired, and his case was further discussed by the committee. The Mayor remarked that Mr Bayliss seemed to very much under-estimate the business capacities of the Council. If the contract had been completed in the proper time, no difficulty would have ensued, and because the Council indulgently granted an extension of time, it did not follow that they agreed to guarantee him against all the evils which might befall him. He moved that the claim be not recognized. The motion was carried unanimously. The Town Clerk mentioned that he had received another letter from the contractor, who pointed out that no action had yet been taken to clear away a slip of earth from the tramway leading to the dam. He asked that this might be done. The Engineer reported that as the Corporation had no further use for the tram he had not the slightest intention of clearing away the slip. Councillor McKenzie moved that the application be not recognized, and the motion was carried without dissent.
Tags: Newspaper Waterworks
