Hustace v. Davis

Citations

• 23 Haw. 606
• 1917 Haw. LEXIS 52

Syllabus

<p>Principal and Surety — 'building contracts — changes in plans.</p> <p>Where a building contract provides that the owner shall have the right to order changes to be made in the work a surety on the bond of the contractor is deemed to have assented in advance to the making of changes, and he will not be released from liability unless the changes made were of such a character as could not reasonably be supposed to have been within the contemplation of the parties at the time the contract was entered into.</p> <p>Same — written order for changes.</p> <p>Where a building contract contemplated the making of changes in the work and provided that the making of changes should not affect the validity of the contract,. and provided also that no changes should be made except upon the written order of the architect, held that where certain changes were made pursuant to the requirement of the owner and upon the verbal order of the architect, the surety on the bond was not released by reason of the fact that the architect’s order was not made in writing.</p> <p>Same — extension of time for performance.</p> <p>Where a building contract contemplated an extension of the time for performance for a period equivalent to any delay that might be caused by the owner if written claim for such extension should be presented within forty-eight hours of the occurrence, held that where delay had been caused by orders for changes in the work and the architect allowed a definite extension of time, the surety on the bond was not released from liability by reason of the failure of the contractor to make written application for an extension.</p> <p>Same — deviations from terms of contract in method of procedure or performance.</p> <p>Departure from the terms of a building contract in the method of procedure or performance in the manner of carrying out the contract, as in the matter of making payments, will not release the surety on the bond unless the deviations tended to prejudice his rights.</p>