Camp v. Neufelder

Citations

• 49 Wash. 426
• 95 P. 640
• 1908 Wash. LEXIS 598

Syllabus

<p>Contracts — Performance — Optional Contract — Approval of Architect — Arbitrary Action — Extras. Where a building contract provides that the work must be performed to the satisfaction of the architect, he represents the owner as agent, and the contractor may treat the architect’s arbitrary direction to use a certain class of material, as to which the contract gives the contractor an option, as a' direction by the owner to disregard the contract, for which work extra compensation may be recovered, if extra costs result to the contractor therefrom.</p> <p>Same — Remedies of Contractor — Liens for Extras — Mechanics’ Liens. In such a case, it is not a valid objection to a claim for a lien for the extra compensation that the same was waived by complying with the direction of the architect, as the contractor may pursue either the remedy of a lien for the extra work, or refuse to comply with the direction and recover on the contract.</p> <p>Same — Construction of Contract. Where a building contract provides that certain sidewalk lights shall be “the W. B. J. make, or equal” it gives the contractor an option; and the arbitrary action of the architect in insisting that no other make was equal, and refusing to allow an “equal” make to be used,- cannot be justified by a clause providing that the contract shall be performed to the satisfaction of the architect.</p> <p>Mount and Rudkin, JJ., dissent.</p>