Orlandi v. Gray

Citations

• 125 Cal. 372
• 58 P. 15
• 1899 Cal. LEXIS 866

Syllabus

<p>Mechanics’ Liens—Subcontract of Architect—Record—Presumption.—A subcontract in favor of the architect with the contractor,, which was attached to the original contract for the erection of a building, and recorded with it, must be presumed to have been made with the knowledge of the owner of the building; and, in the absence of fraud or deception, the mere dual position occupied by the architect does not ipso facto render either of the contracts void, or preclude the enforcement of liens in favor of persons performing labor and furnishing materials for the subcontractor.</p> <p>Id.—Completion of Building—Occupation by Owner—Subsequent Work—Construction of Code.—The occupation of the building by the owner is conclusive evidence of its completion, within the meaning of section 1187 of the Civil Code, only when it is open, entire and exclusive, and inconsistent with a continuance by the contractor in the completion of his contract, and such as to give notice that the building is accepted in satisfaction of the contract. If the contractor continues the work of construction, or labor is done and materials are furnished, pursuant to the contract, after the occupation by the owner, such occupation is not conclusive evidence of completion, and does not start the statute in motion as to the time when liens should be filed.</p>