Topeka Bridge & Iron Co. v. Board of County Commissioners

Citations

• 98 Kan. 292
• 158 P. 8
• 1916 Kan. LEXIS 71

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bridge Contracts — Complete Plans and Specifications to be on File— Purpose of Requirement of Statute. The purpose of the statutory provision that all contracts for the erection of certain public buildings or the construction of bridges shall be awarded on a public letting to the lowest responsible bidder (Gen. Stat. 1909, §2081), and the provisions of chapter 14 of the General Statutes of 1909 (§§ 643-678), requiring that when a county deems it necessary to build a bridge it shall determine upon a plan, the material to be used, and estimate the cost thereof, and that “the plans and specifications for the bridge shall be left in the office of the county clerk for inspection” (§ 664) of prospective bidders, is to secure economy and to protect the public from collusive contracts which would result in favoritism and fraud.</p> <p>2. Same — Erection of Reinforced Concrete Bridges — Character of Plans and Specifications Required. Although when these statutes were first adopted the construction of reinforced concrete bridges was an art unknown in this country, nevertheless the statute meant then just what it means now: that the plans and specifications on file for the inspection of bidders must, so far as the nature and character of the proposed work will admit, be sufficiently definite and explicit to enable bidders to prepare their bids intelligently on a common basis.</p> <p>3. Same — Contract Can Not be Changed after being Awarded. After a contract for the erection of a bridge has been awarded it can not lawfully be changed by additional specifications in a detailed working plan furnished by the contractor and approved by the county and by which substantial changes are made in the requirements submitted to the other bidders.</p> <p>4. Same — Incomplete Plans and Specifications on File — No Additions can be Made Thereto. If the relative amounts of concrete and steel to be used in the construction 'of a reinforced concrete bridge coul