Rynd v. Pittsburg Natatorium

Citations

• 173 Pa. 237
• 33 A. 1041
• 1896 Pa. LEXIS 689

Syllabus

<p>[Marked to he reported.]</p> <p>Mechanic's lien — Subcontractor—Principal and surety — Building contract — Covenant against Kens.</p> <p>A subcontractor who becomes a surety for the contractor to indemnify the owner against “all charges, claims, liens, mechanics’ liens, or any incumbrance or debt in the nature of a lien or charge of any kind whatsoever,” cannot file a lien where the building contract provides that before final settlement, the contractor shall furnish the owner “a release of liens properly signed and attested to by all parties that would have a legal right to file liens against said building.”</p> <p>In such a case, as the necessary legal effect of the subcontractor’s contract as a surety is that he will be bound to discharge a lien in his own favor the moment it is obtained, he must be held to have waived all right to file such a lien.</p> <p>A provision in a building contract that before final settlement the contractor shall furnish the owner “arelease of liens properly signed and attested to by all parties that would have a legal right to file liens against said building,” is not a covenant against liens, but a full recognition of the right to file liens by anybody having furnished labor or materials.</p>