Show cedar city wi wins in suit with contractor A court decision made out in favor of the cedar city corporation was received tuesday morning by special city attorney reuben J shay from judge will L hoyt of the fifth judicial district in the case of B D vs cedar city corporation in which was suing the city for approximately according to mr shay the history of the case extends back to the time when the city installed the new water works extension from hurtz creek canyon to the city the job was a project and ahe low bidder on the contract was B D so he was awarded the contract during the time of construction friction developed between and the project engineer LT P lewis concerning interpretation 0 of f the contract especially the provisions relative to the depth of the trenches the contract read that the pipe was to be laid in a trench four feet deep except where in the opinion of the engineer the presence of rock and boulders made a four foot depth impractical in which places a minimum cover of two feet would be allowed the contract specified mr claimed that this meant that the city must raise the pipe to a two foot depth and the city claimed that the provision would perron permit any depth between four feet and such depth as would permit a cover of two feet other claims were made over alleged neglect on the cites part in furnishing materials as needed and in staking out the water line reuben J shay city attorney at the time was put in charge of the case and he immediately started the work of assembling evidence to dispute the claims brought against the city by bi the success of his work is evident in the decision handed down by judge hoyt the case was perhaps the largest the city has had to defend it required months of mr shays time to prepare all evidence necessary while he was city attorney and when he was replaced as city at torney orney by orville Is isom orn when a change of administer Adminis administration tr aaion went in the city CO council uncil mr shay was retained as a special attorney representing bentin cr the city in the case due to his knowledge of the particulars of the case the total amount asked by mr w wat was at approximately and this represents a large savings to the tax payers of the city and for this a great deal of credit goes to mr shay |