Dickerman v. Reeder

Citations

• 59 Wash. 405
• 109 P. 1060
• 1910 Wash. LEXIS 1213

Syllabus

<p>Mechanics’ Liens — Foreclosure—Answer—Building Contracts Stipulated Damages. An answer in an action to foreclose a mechanics’ lien, setting up the affirmative defense of stipulated damages for delay under “the contract” to complete “the building,” is not demurrable for failure to set out the contract and more specifically describe the building, where the substance of the contract was stated.</p> <p>Appeal — Review—Pleading—Harmless Error. It is not reversible error to overrule a demurrer to an indefinite. or uncertain pleading.</p> <p>Evidence — Contracts—Specifications Referred to — Admissibility. In an action upon a building contract which expressly-made the plans and specifications a part thereof, although not attached, a copy identified as one of the original plans and specifications is properly admitted in evidence.</p> <p>Damages — Stipulated Damages — Delay. A contract for stipulated damages of five dollars per day for delay in the completion of a building is enforcible.</p> <p>Contracts — Building Contracts — Architect’s Certificate — Issuance — Waiver of Objections. In an action on a building contract, an architect’s final certificate of the completion of the building is properly admitted in evidence against the contractor, where, after cutting down the contractor’s bill for extras, the certificate was issued showing the completion of the building and the amount due, and was delivered by the architect to a third person to be delivered to the contractor when he should accept the allowance for extras, and thereafter the contractor did not seek arbitration as required by the contract in case of any dispute as to the amount allowed for alterations, since he thereby waived any objection to the allowance for extras and accepted the same.</p> <p>Same — Conclusiveness — Architect’s Certificate — Waiver. Where it is not claimed that an architect acted arbitrarily or fraudulently, it is error to allow in full a contractor’s claim for extras, where the final certif