Bunce v. Franklin Odd Fellows Hall Ass'n

Citations

• 63 Pa. Super. 594
• 1916 Pa. Super. LEXIS 220

Syllabus

<p>Mechanics’ lien — Discharge of contractor from worlc — Certificate of architect — Waiver.</p> <p>Where a building contract provides that the contractor may he dismissed upon a certificate from the architect that the work was not being prosecuted with promptness and diligence, and it appears that after a portion of the work had been completed, the architect certifies to the owner, that the work was not being prosecuted with promptness and diligence, but the owner permits the contractor to continue on with the work for over three months, and then dismisses him without any further certificate from the architect, the dismissal is not justified, inasmuch as the certificate predicated, as it was, upon the things as they existed at its date, could not avail after the expiration of over three months thereafter.</p>