Bavaria Investment Co. v. Washington Brick, Lime & Sewer Pipe Co.

Citations

• 82 Wash. 187
• 144 P. 68
• 1914 Wash. LEXIS 1517

Syllabus

<p>Contracts — Building Contracts — Certificate of Performance— Actions — Condition Precedent. Where a building contract makes the architect an umpire or arbiter to determine differences arising in the performance of the contract, his certificate is a prerequisite to recovery, and final and conclusive, in the absence of arbitrary refusal to give it, fraud, misconduct, or palpable mistake.</p> <p>Same — Architects’ Certificate — Conclusiveness — Failure to Appeal to Arbitrators. Where a building contract provides that, as to specified matters, in case of a dissent from the architects’ award by either party, the matter shall be referred to arbitrators, the architects’ decision on such matters is conclusive and final where neither party appeals to arbitration from such decision, and the provision for arbitration will be treated as waived by both parties.</p> <p>Same • — ■ Building Contracts — Damages —■ Actions — Issues and Proof — Architects’ Certificates. In an action to recover damages for the nonperformance of a building contract, allowed by an architect as umpire under the contract, the plaintiff’s right to rely on the architects’ certificate is not waived by introducing proof of the facts upon which it was made, the same being material by reason of defendant’s raising an issue as to the good faith of the certificate.</p> <p>Same — Certificate of Architect — Actions—Fraud—Burden of Proof — Evidence—Sufficiency. The burden of impeaching the certificate of an architect, made conclusive by a building contract, is upon the party asserting the fraud; and is not sustained by a claim of incompetency from the fact that the architect had no technical knowledge as to the process of manufacturing terra cotta which he was to pass upon, where it appears he had sufficient knowledge to detect its good or bad qualities.</p> <p>Same — Certificate of Architect — Collusion—Evidence—Sufficiency. An architect’s certificate is not sufficiently impeached for collusion, from the fact tha