George A. Fuller Co. v. B. P. Young Co.

Citations

• 126 F. 343
• 1903 U.S. App. LEXIS 4321
• 61 C.C.A. 245

Syllabus

<p>1. Building Contracts — Controversies—Decision—Implied Provisions..</p> <p>Where a building contract did not provide that the architect’s decision on any disputed question should be final and conclusive, a provision to such effect could not be implied.</p> <p>2. Same — Performance of Work — Satisfaction of Designated Person.</p> <p>Where a sub-building contract provided that the materials should be furnished and the work performed under the direction and to the satisfaction of the architects, and, in order that their direction might be effectively exercised, declared that the subcontractor at all times must afford safe and proper facilities for inspection by the architects, the contractor, or their representatives, and that any improper material must be immediately removed, and unsatisfactory work made right, and that, if the subcontractor refused to remove or rectify, the contractor could terminate the contract and finish the same at the subcontractor’s expense, it was the duty of the architects and the contractor to object to material claimed to be defective as the work went on, and order the same removed, and hence, after the work had been completed, the owner was not entitled to make a deduction from the contract price for alleged unsatisfactory material and work.</p> <p>3. Same — Architects’ Certificate.</p> <p>Where a sub-building contract provided that the certificate of the contractor’s superintendent or of the architects should, be necessary before any installment should be paid while the work was going on, and that the final certificate should be conclusive evidence of the performance of the contract, such provisions did not make the production of a final certificate a condition precedent to the subcontractor’s right to recover on completion of the contract.</p> <p>4. Same — Performance of Contract — Question for Jury.</p> <p>Where a subcontract for' the furnishing of the marble work of an office building provided that the marble should be “Blanco P. Ca