Barney v. Giles

Citations

• 120 Ill. 154
• 11 N.E. 206

Syllabus

<p>1. Building contract—certificate of architect—as a condition precedent to final payment—a contract construed in that regard. A building contract provided for the retention of a certain per cent of the price to be paid, until final completion, and “that upon the architect’s acceptance of the work as complete and finished, the party of the first part will pay to the parties of the second part the balance in full, on the presentation of the architect’s certificate, certifying that the contract has been well and truly performed, and accepted by him, and that all damages or allowances which should be paid or made * * * have been deducted; * * * and also a certificate from the parties of the second part, that all claims and damages for extra work, or otherwise, under or in connection with this contract, have been presented to the architect.” It was held, the making by the architect of the one, and by the contractors of the other, of such certificates, and the presentation of them to the owner, should be regarded a condition precedent to the right to payment for the final balance.</p> <p>2. Same—sufficiency of architects certificate. On the completion of the work under such contract, the architect gave the contractors a certificate, as follows: “This is to certify that B. & B., contractors for the mason work oj: your additional stories on the P. block, are entitled to a payment of $1079.73, by the terms of contract. * * * Work has been measured at building:” Held, that the certificate was not such as was required by the contract, and did not entitle the contractors to their final payment.</p> <p>3. Condition precedent—rule requiring performance same in equity as at law. In the ease of a condition precedent there must be a compliance therewith, or an excuse for non-compliance shown, as well .in equity as at law.</p>