Ferro-Concrete Co. v. Northampton County

Citations

• 245 Pa. 64
• 91 A. 506
• 1914 Pa. LEXIS 832

Syllabus

<p>Contracts — Building contracts — Construction—Delay in complex tion — Acquiescence in delay.</p> <p>1. Upon a suit by a contractor against a county to recover a balance due on the contract price for the erection and construction of a bridge, in which the demand of the plaintiffs was met by a counter-claim on the part of the county, based on a provision in the contract requiring that the work should be completed within a certain time and stipulating a certain sum per day as liquidated damages for delay, it was admitted that the bridge had not been completed within the stipulated time. It appeared that the contract provided that in case of rock not being found at the estimated elevation, an extension of time was to be allowed in the same ratio to the time limited as the increased yardage of concrete construction bore to the total yardage above the estimated elevation. Rock was not found at the estimated elevation and a greater depth had to be reached. By agreement, for this additional work, piles were substituted for concrete. It was not contended that the construction by piles required any less time than would have been required for concrete. Held, that the trial judge correctly instructed tbe jury that the additional time required for pile work was to be added on to the time originally fixed for the. completion of the work and that no damages for this delay were chargeable against the plaintiffs.</p> <p>2. In such case, it further appeared that under the contract plaintiffs were required to submit to- a navigation company, whose canal was to be crossed by the proposed bridge, plans of temporary bridges and false work to be used in removing the old bridge structure and building the new one before commencing the .work, and to build temporary bridges and false work in all respects according to the requirements and satisfaction of the navigation company. Plaintiffs produced evidence that they had submitted plans to the navigation company which they were prepared to o