Bizet v. Smith

Citations

• 272 Pa. 31
• 115 A. 868
• 1922 Pa. LEXIS 770

Syllabus

<p>Contract — Building contract — Architect’s certificate — Fraud, collusion or caprice — Nonperformance.</p> <p>1. Where a building contract provides that the architect’s certificate shall be final and conclusive, the amount specified therein can be recovered, unless there is proof that it was given as the result of fraud, collusion or caprice.</p> <p>2. Where a building contract provides that all payments shall be due when certificates for the same are issued, that no certificate given or payment made except the final certificate or final payment shall be conclusive evidence of the performance of the contract, and that no payment shall be construed to be acceptance of defective work or improper materials, and a final certificate has been given, honestly and in good faith, the defense of nonperformance of the contract is not available.</p>