Coryell v. Dubois Borough

Citations

• 226 Pa. 103
• 75 A. 25
• 1909 Pa. LEXIS 883

Syllabus

<p>Contract — Municipal contract — Extra work — •Additional work— Construction of contract.</p> <p>1. Where a contract for the construction of a dam for the water supply of a borough classifies the work in distinct items, such as excavating, masonry, grubbing, etc., and fixes a rate price for each separate item, and also specifies the approximate amount of work and material for each item, and provides that additional work over and above the estimate is to be paid for at contract price for work of its class, and the contract further specifies that “extra work” is that “for which no price is fixed in the contract, and which is not covered by the contract sum or the specifications,” the mere fact that the condition of the ground requires from the contractor a much larger amount of the various kinds of work itemized in the contract than that estimated, and that such additional work is at a much greater cost to the contractor than the rate specified in the contract, does not make such additional work “extra work,” within the meaning of the contract.</p> <p>2. Where a building contract provides for a deduction of a stated amount from the contractor’s compensation for each day of delay after a time specified, the owner cannot claim such deduction where he has made no objection to the delay and by his conduct has given the contractor grounds for believing that the provisions of the contract as to the penalty for delay would not be enforced.</p>