Pittsburg Iron & Steel Engineering Co. v. National Tube Works Co.

Citations

• 184 Pa. 251
• 39 A. 76
• 1898 Pa. LEXIS 888

Syllabus

<p>Contract—Building contract—Delay—Liquidated damages—Evidence— Case for jury.</p> <p>In an action to recover a balance alleged to be due upon a building contract defendant set up as a defense a claim for liquidated damages for delay under the terms of the contract, and the evidence for the plaintiff, although contradicted, tended to show that the delay was caused by the fault of the defendant in not preparing foundations in accoi’dance with its agreement, and in making extensive changes in the original plans, thus prolonging the work. Held, that the case was for the jury.</p> <p>Where a building contract provides for liquidated damages for delay, the fact that the conduct of the owner has caused delay does not relieve the contractor, as soon as such cause has ceased, from speedily finishing the work, and failure to do so will warrant the owner in invoking the claim for liquidated damages for every day of unreasonable delay thereafter.</p>