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RETURN To an Order of the House for copies of all correspondence between the Hon. the Chief Commissioner… British Columbia. Legislative Assembly 1882

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 45 Vic. Correspondence—Cofferdam Claims. 48T
RETURN
To an Order of the House for copies of all correspondence between the Hon. the
Chief Commissioner of Lands and Works and Attorney-General and Messrs.
Kinipple & Morris, with reference to the claims of Reed Bros.
Geo. A. Walkem,
Chief Commissioner of Lands and Works.
Lands and Works Office,
12th April, 188%.
The Chief Commissioner of Lands and Works to Messrs. Kinipple & Morris.
Lands and Works Office,
Victoria, B.C., June 29th, 1881.
Gentlemen,—I have the honour to forward to you for your decision, under Clause
78 of the Specifications of the Esquimalt Cofferdam Contract, a printed statement of
questions of differences which have arisen between the contractors, Messrs. Reed Bros,
of London, and myself as Chief Commissioner of Lands and Works of the Province,
with respect to the manner in which the contract for the works has been dealt with.
All the documents which relate to the subject {save the contract specifications and
working drawings) are included in the printed matter sent. The contractors' case, as it
has been hitherto presented here, in writing, is fully set forth.
The statement of the case on behalf of the Government appears on pages 3a to 3i.
As the points involved are almost wholly of an engineering character, and depend
on a common sense construction of the contractors' agreement, it is deemed unnecessary
to engage any person to appear before you to support the position taken in the matter
by this department.
All evidence in the possession of the department, whether it leans to one side or the
other of the case, has, as far as I can ascertain from careful examination, been laid
before you.
I would suggest that the contractors be notified by you, as soon as possible, of the
arrival of the accompanying documents, and also of the time which you may find it
convenient to appoint for hearing what they may have to submit to you.
Should they present any new case, I beg that you will apprise me of the fact if you
should consider it necessary, but not otherwise, in order that I may have an opportunity
of replying to it. I venture this remark as a matter of precaution only, as any change
or departure in this direction seems very improbable.
I have sent you four of the printed copies of the papers and appendices for your use
or disposal.    A copy might be handed to the contractors.
The appendix contains the reports of Select Committees of the House of Assembly
and of the evidence taken before them with respect to the Cofferdam works. I have
deemed it expedient to submit these reports for your consideration, in case the contractors make any reference to them.
The annexed schedule contains a list of working drawings, original documents,
office copies of affidavits and Notarial copies of papers forwarded herewith.
After you have done with the plans, contract and manuscript copies, and the 13
certificates of progress, I beg that you will be good enough to return them.
The papers will be forwarded by mail and express.
I have, &c,
(Signed)       Geo. A. Walkem,
Chief Commissioner and Attorney-General. 488 Correspondence—Cofferdam Claims. 1882
Messrs. Kinipple & Morris to the Chief Commissioner of Lands and Works.
2, Westminster Chambers,
London, S. W., and Greenock, N.B., 30th July, 1881.
Sir,—We have the honour to acknowledge the receipt of your letter dated 29th
June last, informing us that you had forwarded a printed statement of questions of differences which have arisen between Messrs. Reed Bros, of London and yourself as
Chief Commissioner of Lands and Works.
We have carefully noted all the suggestions and points in your letter for our
consideration.
We have not yet received the printed documents, but immediately on their coming
to hand will notify Messrs. Reed Bros.
We have, &c,
(Signed)       Kinipple & Morris.
Messrs. Kinipple & Morris to the Chief Commissioner of Lands and Works.
2, Westminster Chambers,
London, S.W., and Greenock, N.B., October 4th, 1881.
Me Cofferdam Arbitration.
Sir,—We have written several times to Messrs. Reed Bros, in regard to this matter,
the last being of the 1st inst., of which we enclose a copy and Messrs. Reed's reply
thereto, from which it would appear that they have some further information or evidence to bring before us, so that at present we are precluded from making our award.
We shall, of course, let you know the nature of the information referred to directly
it comes to hand.
We have, &c,
(Signed)       Kinipple & Morris.
The Chief Commissioner of Lands and Works to Messrs. Kinipple & Morris.
Lands and Works Office,
Victoria, Oct. 23rd, 1881.
Gentlemen,—I shall be glad to be favoured as early as possible with your decision
upon the matters referred to you in re Cofferdam Contract, Esquimalt, as the Department
is very desirous of having the questions settled without further delay.
I have, &c,
(Signed) Geo. A. Walkem,
Chief Commissioner Lands and Works.
Messrs. Kinipple & Morris to the Chief Commissioner of Lands and Works.
2, Westminster Chambers,
London, S.W., and Greenock, N.B., Nov. 1st, 1881.
Re Cofferdam Contract.
Sir,—We have the honour to acknowledge the receipt of the following cable on tho
25th instant:—
"Please forward Cofferdam decision."
On the 26th we sent you the following cable:—
" Wrote fourth instant.    Reed asks more time."
In reference to the question of our decision, we propose to give Messrs. Reed Bros,
notice that if their information is not to hand within a certain date, we shall notwithstanding proceed to make our award.
We shall not give this notice until you have had time to give us any instructions
after allowing time for you to receive our letter of the 4th instant.
We have, &c,
(Signed) Kinipple & Morris. 45 Vic Correspondence—Cofferdam Claims. 489
Messrs. Kinipple & Morris to the Chief Commissioner of Lands and Works.
2, Westminster Chambers,
London, S.W., and Greenock, N.B., 30th Nov., 1881.
Cofferdam Contract.
Sir,—We have the honour to acknowledge the receipt of your letter of the 23rd
ultimo, regarding the Cofferdam Contract, and in reply we have written to Messrs.
Reed Bros, saying that under any circumstances we shall make our award not later
than the end of December next.
We have, &c,
(Signed) Kinipple & Morris.
Messrs. Kinipple & Morris to the Chief Commissioner of Lands and Works.
2, Westminster Chambers,
London, S.W., and Greenock, N.B., 2nd January, 1882.
Cofferdam Arbitration.
Sir,—In our letter to you of the 30th November last, we mentioned that we had
written to Messrs. Reed Bros, stating that we should under any circumstances make
our award by the end of the year.
On the 29th ultimo, Messrs. Eeed Bros, submitted to us a printed statement of their
case, which we beg herewith to enclose, and should be glad to have your remarks thereon at your earliest convenience.
We have, &c,
(Signed) Kinipple & Morris.
The Chief Commissioner of Lands and Works to Messrs. Kinipple & Morris.
Lands and Works Office,
Victoria, B.C., March 6th, 1882.
Gentlemen,—I have the honour to transmit to you herewith the reply of this
Department, on behalf of the Government, to the claim filed with you by Messrs. Reed
Bros., dated the 29th of December, 1881, and received here lately with a covering letter
from you.
May I request you to give this matter your earnest attention, and close it, as it has
been many months since it was submitted to you ?
I have, &c,
(Signed)        Geo. A. Walkem,
Chief Commissioner of Lands and Works,
(Signed) Per Jno. J. Austin.

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