MEMORANDUM OF AGREEMENT made at St. John’s in the Island of Newfoundland this 20th day of October, A.D. 1923, BETWEEN Lieut. Col. Nangle, acting for the Newfoundland National War Memorial Finalization Committee, (hereinafter called the Representative ) of the one part and E. St. C. Churchill and Sidney Pierce ( hereinafter called the Contractors) of the other part, WHEREBY IT IS AGREED as follows:-

  1. In consideration of the sum of $2355.00 which the Representative hereby agrees to pay to the Contractors on completion of the works hereinafter referred to and in the manner hereinafter described, the Contractors hereby undertake to execute and complete in a thorough and workmanlike manner and according to the specifications and plans hereto annexed (except that the concrete foundation for the pedestal shall measure 28 feet by 15 feet and not 18 feet by 18 feet as set out in the plans) all the concrete works set out or described in the specifications and plans thereto annexed and to hand over the said works so duly executed and completed on the 17th day of November, 1923.
  2. If the Representative shall at any time during the progress of the works be dissatisfied with the rate of progress or the quality of the work done by the Contractors he may appoint CHAS HENDERSON to inspect the works and should the said Chas Henderson certify in writing the rate of progress or materials used or the workmanship or any or all of these is or are unsatisfactory or not in accordance with this Agreement then the Representative may, by notice in writing, demand that the Contractors shall carry out all orders from the said Chas. Henderson to complete the same without prejudice to this agreement. Should the Contractors refuse to carry out such orders, the Representative may then enter upon the works and call in another Contractor to complete the same and may pay such Contractor the cost of such completion out of the said sum of $2355.00 payable under this agreement to the Contractors or the balance of that sum and if such cost be more than such sum or the balance of such sum then the difference between it and such sum or balance shall be a debt due from the Contractors to the Representative.
  3. If after the completion or alleged completion of the said works any dispute shall arise between the Representative and the Contractors as to whether the works have been properly executed or completed or as to delay in such completion the said Chas. Henderson shall after making such investigation as he may consider proper may be his certificate in writing decide such dispute and declare what payment or deduction if any ) is to be made in respect of the subject matter of the same and such decision shall be blinding and conclusive upon both the Representative and the Contractors.
  4. Twenty per cent of the said sum of $2355.00 shall be held back by the Representative till the completion of the said works. An amount equal to the payroll of the Contractors shall be paid to the Contractors at the end of each week, the first payment to be made on
  5. At least seventy five percent of all person employed by the Contactors shall be ex-service men.

AS WITNESS the hands of the parties hereto the day and year first above written.

SIGNED in the presence 

Peter Finn

T. Nangle

S. Pierce

THE SPECIFICATIONS above referred to 

  1. The Contractors shall take out all necessary insurances for workmen, etc.
  2. The Contractors shall supply all necessary shuttering etc., required by the representative.
  3. The Contractors shall do all necessary excavating to bring the foundations down below frost protection.
  4. The Contractors shall fill in and well ram to trenches and under plateau and circular steps with rock and earth filling.
  5. All cement shall be supplied by the representative. The Contractors shall see that it is all slaked before being used. Rubble shall also be supplied by Representative.
  6. The sand to be clean and sharp, well washed, and free from loam or any other impurities. If sand is supplied by the National War Memorial Finalization Committee, a reduction equal in value to the vouchers supplied, will be deducted from the above named figure.
  7. The cement concrete to be composed of one part by measure of cement, 2 of sand and 4 parts of a clean ballast free from all impurities and to pass a “2” ring.
  8. The materials to be mixed by measure in proper gauging boxes on boarded platforms and to be turned over at least twice before and twice after being wetted or by mechanical mixer.
  9. The concrete pavings to be not less than 6” thick and to be finished with 1” granite cement surface (one of cement to two of sand) and to be re-enforced by cement meshing or expanded metal.
  10. The concrete blocks under centre pedestal to be carried down to the solid rock.
  11. Frost conductors to extend three to four feet below all concrete.

Source: GN 49, Box 2, High Commissioners Office, War Memorial Correspondence, The Rooms, Provincial Archives, St. John's, NL


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