Reichenbach v. Sage

Citations

• 13 Wash. 364
• 43 P. 354
• 1896 Wash. LEXIS 53

Syllabus

<p>BUILDING CONTRACT — DELAY IN COMPLETION — STIPULATION POR LIQUIDATED DAMAGES.</p> <p>A provision in a building contract for the recovery by the owner of ten dollars as damages for each day the completion of the building is delayed after the time stipulated, is a provision for liquidated damages and not for a penalty.</p> <p>That the delay in completing a building within the time stipulated was due to the severity of the weather, does not relieve the contractor from liability under a provision for liquidated damages for delay in completion, if the work could have been carried on with safety by the exercise of extra means or effort during the continuance of such weather.</p> <p>A contractor is not relieved from liability under a stipulation for liquidated damages for delay in the completion of a building after the time stipulated, by the fact that the delay was caused by the failure of sub-contractors to furnish certain necessary materials.</p>