Bank Committee: December 19th 1949
Gooch Estate - Sherlock Street Branch
On Minute No 8893 the General Manager submitted
a letter dated 15th December 1949 from John B Surman & Partner together with a detailed schedule obtained at request of Town Clerk
showing comparison of work, as estimated with work actually carried out.
Dear Sir,
RE: SHERLOCK STREET BRANCH - DAMAGED
PREMISES.
Further to your letter of the 24th November last regarding the above matter, with which you enclosed a copy of a communication
you had received from the Town Clerk, dated 22nd ult, we are attaching hereto a detailed account showing the original estimate for
the various items of work totalling £332. 12. 0., this being the original estimated cost and that lodged as a preliminary claim against
the Gooch Estate. On the same sheet is shown - again itemised - the actual cost of the various sections of the work, which gives a
grand total of £459. 17. 11.
With reference to the Town Clerk's two queries:
(a) whether we consider that all the work done
and included in the claim was essential to make good the damage caused by the collapse of the gable wall:
We do not consider
that all the items are strictly claimable. There is an item for new stacks of rain water pipes to replace the existing, amounting
to a sum of £39. 16. 0. to make good the flat, these had to be removed, and we found, on removal, that the old ones were defective
in sections, meaning a replacement. This charge would have to have been met by you sooner or later despite the collapse of the gable
wall, and we think this should be deleted from the claim.
Another item about which we are in some doubt, as to whether the full
claim should be lodged, is in connection with the repairs to the asphalt roof. Immediately after the incident temporary repairs were
carried through, amounting to a sum of £58. 16. 11., but later on it was discovered that the shattering of the flat was so serious
that it meant either the taking up of the whole of the asphalt or sealing the roof with vulcanite. We chose the less expensive way
of vulcanising, which added a further cost of £35.10. 0. We are inclined to think that the £35.10. 0. might be deducted, as this asphalt
roof was an old one and was showing signs of deterioration before the incident.
We would also point out, in the final claim,
a sum for Quantity Surveyor's fees and expenses, amounting to £15. 16. 8. is included, as being right and prosper. In the original
approximate claim no fees were inserted. You should, of course, bear in mind that if there is any claim against the Gooch Estate,
then these Surveyor's fees, plus Architects' fees, should form part of the claim.
(b) whether the work did in fact go further
than was necessary to make good the damage:
In this instance we can say the answer is: "No."
Again referring to the enclosed
schedule, you will note that such things as "plastering" show a considerable increase. This was found to be due to a larger portion
of the ceiling and cornices, and some of a wall plaster, being found to be loose in consequence of the blow which the roof received,
and having to be stripped out, bringing up an extra on the plastering of £48. 4. 9.
We should be glad to have your further directions
as to how you would like us to submit this final claim for the Town Clerk.
Yours faithfully,
(Signed) JOHN B. SURMAN.
BIRMINGHAM
MUNICIPAL BANK
161, Sherlock Street Branch.
Balsall Heath.
Repairs and Reinstatement after Damage caused by
collapse of Chimney of adjoining
partly demolished
premises, No 163 on 16th March, 1947.
Comparison of Work as Estimated with Work actually carried out.
|
|
As
Est. £. s. d. |
As A/c £. s. d. |
|
Items |
|
|
|
Taking up damaged asphalte covering of Flat roof and reinstating
with new |
63.13. 7 |
|
|
Temporary repairs to asphalte (d/wk) Vulcanite covering flat roof |
|
58.16.11 35.10. - |
|
A new lantern light with glazing and sashings complete |
30. 9. - |
|
|
As executed (incl. 10% increase cost of labour and material) |
|
39.18.
3 |
|
Repairs to skylights As executed |
3.19. - |
1.18. 6 |
|
Repairs to roof timbers and boarding |
10. -. - |
|
|
New
half brick parapet wall and coping |
25. 2. 4 |
paid by WDC |
|
Repairs to lead flashings generally As executed |
6.18. 8 |
18.15.
6 |
|
Renewing damaged stone sill under sash windows of Flat. (Not done) |
9. - - |
- - - |
|
New Pier caps on parapet wall after height of piers lowered |
2.10. - |
3.10. - |
|
Two new stacks of rainwater pipe with box heads in place
of existing |
- - - |
39.16. - |
|
Internal Work. |
|
|
|
Repairs to ceiling plaster and coves |
65.16.11 |
114. 1.
8 |
|
Repairs to laylights including glazing and painting |
24. 1.10 |
23.15. 2 |
|
Decorating walls and ceilings |
4. - 8 |
10.
4.11 |
|
Repairs to Counter |
40.10. - |
36. - - |
|
Repairs to other fittings |
10. - - |
1. 10. - |
|
Repairs to
electrical installation |
10. - - |
13.14. 1 |
|
Supervision and attendance on Sub-contractors |
3. 6. - |
5.12. - |
|
Statuary
clauses and insurances |
23. 4. - |
38. 7.11 |
|
|
£332.12. - |
£441.10.11 |
|
Increase in wages |
|
2.10. 4 |
|
Quantity Surveyor's fees |
|
13.
6. 4 |
|
Quantity Surveyor's expenses |
|
2.10. 4 |
|
|
|
£ 459.17.11 |
|
WALTER W WEBB W Donovan Webb, AIAS H D Priddey, ARICS QUANTITY
SURVEYOR, 14 Temple Street, Birmingham, 2. |
8950 RESOLVED:- That Minute No 8893 be continued.
Bank
Committee: June 19th 1950
Gooch Estate, Sherlock Street Branch.
On Minute 8893, the Town Clerk submitted the following report:
Damage
to Bank Premises - Sherlock Street.
Your Committee will remember that this matter has been outstanding for some time. The damage
was caused by the fall of part of the neighbouring gable wall during a gale in March 1947, and the cost of making good the damage
was £384; this amount was claimed from the Gooch Estate, who at first made an offer of £175. Your Committee will remember that Counsel
advised that, in his view. the Corporation would be entitled to succeed in proceedings against the Gooch Estate for the cost of the
repairs, and that they were not prepared to accept this offer.
In accordance with your Committee's instructions I prepared to
issue a Writ against the Gooch Estate, but the Solicitors acting for the Estate asked me to delay this action to give them time again
to consult their client, and your Committee will remember that when I last reported I was waiting to hear from them. They have now
written to me to say that although they still feel that the claim would not succeed, their client had a desire to meet in a friendly
way a claim which the Birmingham Corporation thought to be one which they could reasonably press. Their client has now instructed
them to make an offer of £275, and they go on to say:
"If the appropriate Committee is not prepared to accept this offer then
on an intimation that proceedings are being taken it will be withdrawn and such action as is taken will be contested. Our client still
feels that the amount involved is insufficient to justify the expense inconvenience and waste of time involved in a contested action.
He feels and so do we that in increasing the offer to this amount ha has gone out of his way to meet the situation."
I have spoken
to the Solicitors acting for the Estate who state that they have no authority to make any higher offer and have asked that this offer
be put to your Committee. I should make the point that it is normal for matters between the Corporation and the Gooch Estate to be
settled in a friendly way without recourse to legal proceedings; at the same time Counsel has advised that your Committee would have
a good chance of success in an action. It seems to me to be open to your Committee to accept the offer in this case or to ask that
the payment to be made should be a higher one of say £300, and I shall be glad to have your Committee's instructions.
9103 RESOLVED:- That the Town Clerk be informed that the Bank Committee accept the offer of £275 made by the Solicitors acting for the
Gooch Estate in respect of the claim for damage to the Bank premises in Sherlock Street and that Minute No 8893 be discharged.
From
Town Clerk's Office,
September 6th 1950
Sherlock Street Branch - Claim for Damage
to premises against Gooch Estate
On the
19th June last year your Committee instructed me to accept the offer of £275 made by the solicitors acting for the Gooch Estate in
relation to this claim, which, it will be remembered, arose from damage caused by the fall of part of the neighbouring wall in March,
1947. I have to report that payment of the agreed amount has been made and acknowledged as an ex-gratia payment in full and final
settlement of the matter.
I request that the above Minute be discharged.