To these terms I objected that they did not cover a very large amount of services relating to the Houses of Parliament, but not leading to expenditure; and further, there was another claim for interest on outlay, and on deferred payments, and generally, assuming the rates of commission were of the amounts offered by you, I considered that they ought to be on the amount expended, past and future. To your remark, “that the claim for extra services could not be of large amount, and hence you considered it was covered by the commission offered,” and that the claim for interest you could not admit in any way, I replied first, that the services were very considerable, in corroboration of which I now beg to forward a rough statement of them. And I feel I am justified in adhering to this part of the claim, which I fully believe would extend to a sum of at least 10,000l. For you will have the goodness to bear in mind that these claims run over nearly twenty years, that they have been the subject of inquiry by no less than seven Committees of the House of Commons, besides two official references relating to Dr. Reid’s plans of ventilation (exclusive of that relating to his final claims, which has been duly met), and that in every case Sir C. Barry has acted with full sanction and authority.
I put forward this claim therefore with perfect confidence, because had it been an ordinary case between an independent architect and an ordinary employer, the claim could be supported fully on a quantum meruit; and why an independent architect like Sir C. Barry should not have at least the same payment from the Government I am wholly at a loss to understand.
The claim for interest, if worked out in detail, would amount at least to as much as the other class of claims. You will recollect that I pointed out, in reference to the 25,000l. alluded to in Lord Duncannon’s offer, Sir Charles, instead of being paid in six years as proposed, was not paid in twelve; and even in the measuring, to which your offer of 1 per cent. extends, he is actually in advance from 11,000l. to 12,000l., and his other outlay, especially in more remote years, has been in large advance from time to time, independently of the balance now due to him, and the sacrifice he is willing to make if a final settlement be now made. It is true that advances are almost incidental to cases of this kind, and that, if disputes arise, it is an inconvenience which must often be shared between the disputing parties; but such incidents are covered and the inconvenience met by adhering to the customary rules and amount of remuneration, which in works like these is 5 per cent., as claimed by Sir C. Barry. That amount being departed from, the present claim has a substance and a reality about it calling for full and fair consideration from the Government. And finally, on the main point of the commission, I must again advert to the following facts:—
1st. That the Board of Woods and Works in the first instance themselves added 5 per cent. as due to the architect. This had all the effect of a legal contract, if not disturbed by subsequent proceedings.
2nd. Lord Duncannon’s offer of 25,000l. was made on the original estimate, coupled with the condition of the work being completed in six years, and other terms, not one of which has been kept. The works have nearly reached three times their amount, and have extended over three times the stipulated period. The offer itself was also acceded to under protest, and in fact has never had a legal existence.
3rd. Hence Sir C. Barry has either a right to fall back on the original estimate, or on the custom. Both of these are 5 per cent., including the measuring and taking out quantities; and by way of illustration I have already referred to the British Museum, and to Dover Harbour; the latter being mere plummet and line work, and sinking square blocks of stone, whilst Sir Charles has in many cases to make, it may be, even one thousand working drawings for parts of the vast and elaborate work he has in hand.
But, as acting on his behalf with a view to a settlement, and not a perpetuation of these disputed claims, I now beg to offer as a counter proposition to your own—
1st. To accept 3 per cent. as architect’s commission on all certified works, taking the present amount as stated in your offer.
2nd. To accept 1 per cent. for quantities and measurement on the like amount.
3rd. The same commissions respectively on all future certified works.