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
- 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,
- 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.
- 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.
- 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
- 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
THE SPECIFICATIONS above referred to
- The Contractors shall take out all necessary
insurances for workmen, etc.
- The Contractors shall supply all necessary
shuttering etc., required by the representative.
- The Contractors shall do all necessary excavating
to bring the foundations down below frost protection.
- The Contractors shall fill in and well ram to
trenches and under plateau and circular steps with rock and earth
- 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.
- 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.
- 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.
- 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.
- 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.
- The concrete blocks under centre pedestal to be
carried down to the solid rock.
- 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