Jenkins v. American Surety Co.

Citations

• 45 Wash. 573
• 88 P. 1112
• 1907 Wash. LEXIS 516

Syllabus

<p>Principad and Surety — Contractor’s Bond — Actions—Items Recoverable. In an action on a contractor’s bond to recover damages for tbe failure of a contractor to complete a building, the owner is entitled to be credited with sums paid out in purchasing finishing items, in the amounts fixed in the contract therefor; also for small items in sweeping out and repairing, where the contract called for leaving the house “broom clean,” although no architect’s certificate in relation thereto was furnished; also for the amount for which liens were filed, admitted by the contractor to be correct.</p> <p>Same — Acceptance by Architect — Abandonment by Contractor. In an action on a contractor’s bond to recover damages for the failure of a contractor to complete a building, an allowance for damages on account of defective material cannot be objected to on the ground that the architect and superintendent accepted the building, where it appears that the contractor abandoned the building before completion and under the contract there could be no. valid acceptance by the architect until final completion.</p> <p>Contracts — Breach—Stipulated Damages. Stipulated damages of five dollars per day for delay in completing a building within the contract time are recoverable.</p> <p>Principal and Surety — Alterations—Release op Surety. An allowance to a contractor for extras permissible under the contract do not constitute a change in the construction of the building that would release a surety on the contractor’s bond.</p>