Downey v. O'Donnell

Citations

• 86 Ill. 49

Syllabus

<p>1. Building contract — architect’s certificate, when conclusive. When it is provided in a building contract that the decision of an architect shall be final on all questions of difference arising under the contract, his decision that the work is completed in conformity with the terms oí the contract is conclusive until impeached for fraud.</p> <p>2. But where the contract makes the time for completing the work essential, and provides for a forfeiture of $5 per day for every day the work shall remain unfinished, as liquidated damages, the architect’s certificate of the completion of the work, and the sum due the contractor, but which fails to state the completion of the work within the time fixed, will not preclude the other party from insisting upon the damages agreed upon for delay in finishing and delivering up the building, and it is error to exclude evidence showing such delay.</p> <p>3. Sams — construed as to certificate of no sub-liens. Where a building contract provides that a certain sum, being the balance of the price after certain other payments, shall be paid when the contractor shall produce to the owner proper vouchers showing payment to any and all sub-contractors and material-men who shall furnish labor, etc., the furnishing of such vouchers is a condition precedent to the payment of the last installment; and, when the proof shows this was not done, and no sufficient excuse for not so doing is shown, payment of such installment can not be enforced.</p>