Korf v. Lull

Citations

• 70 Ill. 420

Syllabus

<p>Building contract—defects in work—whether waived by acceptance. Where a party accepts work done upon a house by a builder, he does not thereby waive objections to any latent defect there may be in the work which, at the time of acceptance, is not open to inspection.</p> <p>2. Same—certificate of architect—when conclusive of the rights of the parties. Where a contract for building a house provides that the work shall be done under the direction of an architect therein named, and upon his certificate that the terms of the contract have been complied with, the price agreed upon is to be paid, the certificate of the architect, made in compliance with the agreement, is conclusive of the rights of the parties.</p> <p>3. Same—notice before architect certifies. In such case, it is not necessary, unless so expressed in the contract, for the builder to give notice before applying to the architect for such certificate.</p> <p>4. Measure of damages — delay in erecting building. Where there is unreasonable delay by the builder iu the performance of a contract to build a house, the owner will be entitled to damages equal to the rental value of the premises during the period of delay.</p>