Ahrens v. Reading

Citations

• 261 Pa. 100
• 104 A. 511
• 1918 Pa. LEXIS 693

Syllabus

<p>Contracts — Municipalities—Construction work — Extra work — Directions of city engineer — Arbitration and certificate clauses— Capricious decision by engineer — Case for jury.</p> <p>1. In an action against a municipality to recover for extra work done in connection with the construction of certain filter beds, the contract provided “wherever excavations are carried on beyond the lines and grades furnished by the engineer, the contractor shall, at his own expense, refill such places with concrete or other, material selected by the engineer. Wherever materials are encountered which are not suitable for supporting the structures, the excavation shall be carried to such additional depth as may be specified by the engineer. Excavation and concrete necessary for such additional depth will be paid for [by the city] at the prices bid [by the contractor] for excavation and concrete masonry.” Plaintiffs produced evidence to show that while the ground was being prepared for construction, defendant’s engineer determined that the rock material encountered was not suitable for supporting the structure and directed excavations to be carried to a suitable depth specified by him; that plaintiffs made the additional excavations to the extent claimed. Defendant contended and offered evidence to prove that when the engineer decided that materials encountered were not suitable for support, and ordered .additional excavations, these were allowed and paid for; and that the excavation for which claim was made was necessitated by the negligence of plaintiffs’ engineer in blasting out rock, and was not caused by encountering unsuitable material. The trial judge submitted the ease to the jury which found a verdict for plaintiffs upon which judgment was entered. Held, no error.</p> <p>2. In such case a provision that “the decision of the engineer shall be final and conclusive in all disputes which may arise between the parties to the agreement” and “the engineer shall in all cases determin