Nice v. Walker

Citations

• 153 Pa. 123
• 25 A. 1065
• 1893 Pa. LEXIS 1062

Syllabus

<p>[Marked, to he reported.]</p> <p>Mechanics’ liens — Contract—Covenant not to Me liens.</p> <p>In order to prevent a contractor or subcontractor from filing a lien against a building, there must bo an express covenant against liens, or a covenant resulting as a necessary implication from the language employed; and the implied covenant should so clearly appear, that the mechanic or material man can understand it without consulting a lawyer as to its legal effect. If a contract is so worded as to be fairly subject to another construction, it is a sufficient reason why it should not be held to bar the right of the subcontractor to file a lien.</p> <p>A building contract provided as follows: “ The owner will not in any manner be answerable or accountable for any loss or damage that shall or may happen to the said works, or any part or parts thereof, respectively, or for any of the materials or other things used and employed in finishing and completing the said works. The said parties of the second part agree to take, use, provide and make all proper, necessary and sufficient precautions, safeguards and protections against the occurrence or happening of any accidents, injuries, damages, or hurt to any person or property during the progress of the entire work, and for all such accidents, injuries, damages or hurt the said parties of the second part alone to be responsible, and not the said party of the first part, or the architect; it being agreed that the work to be done shall be entirely under the control of the parties of the second part, except so far as provision is herein made for the instruction thereof by the architect.” Held, that the contract did not contain either an express covenant against liens, or any such implied covenant as to deprive a subcontractor of his right to lien the building.</p> <p>If it is desired to prevent liens from being filed against a building, all that it is necessary to say in the contract is: “ No lien shall be filed against the buil