Enterprise Contracting Co. v. Ontario Coal & Supply Co.

Citations

• 50 Pa. Super. 633
• 1912 Pa. Super. LEXIS 112

Syllabus

<p>Contract — Construction contract — Suit on final estimate — Set-off-Damages for delay.</p> <p>Where a construction contract provides that all disputes and differences should be referred to the engineer whose decision should be final, and also provides that the owner might stop the work at any time upon ten days’ notice to the contractor without liability for damage, and might also forfeit the contract for all violations of it by the contractor, the owner cannot in a suit against him by the contractor on the final estimate, set up a claim for damages for the contractor’s delay, if it appears that he took no steps to avail himself of his rights under the contract for the contractor’s default, and never submitted to the engineer any question of damages for the alleged delay.</p>