In re the Appeal of Lord

Citations

• 25 Haw. 76
• 1919 Haw. LEXIS 1

Syllabus

<p>Municipal Corporations — contracts.</p> <p>Where there is a definite fund on hand and the receipt of additional funds is contemplated it is not illegal for the city and county authorities to let a contract obligating the City and County to the extent of the funds on hand and reserving the option to require additional work should the funds therefor be provided before the expiration of the period specified for the completion of the contract..</p> <p>Same — same—awarding contract for public improvement.</p> <p>In the absence of any allegation or showing of fraud or collusion on the part of the awarding authorities their decision in determining who is the lowest bidder is conclusive, the presumption being that the authorities acted faithfully and honestly and for the public good after due and full investigation of the matter.</p> <p>Same — same—calling for tenders — modification of specifications.</p> <p>Plans and specifications for work to be done by contract requiring competitive bidding therefor cannot be changed after the call for bids has been published without readvertising, but the unauthorized attempt of the city and county engineer to require supplemental bids without advertising, after publication of a call for tenders, cannot affect the plans and specifications as theretofore adopted and approved by the proper authorities and cannot affect the validity of the bids submitted nor of the contract entered into with the successful bidder.</p> <p>Same — same—time of completion of work.</p> <p>Where it is provided in the specifications that “any shortening or lengthening of the road made necessary by lack or increase of funds shall decrease or increase the period allowed for construction proportionately as may be determined by the board” and the only necessity of curtailing the work that could arise would be from the lack of funds the reasonable construction of the language quoted is that the two years period specified for the completion of the entire work should