School District No. 75 v. Qualls

Citations

• 95 Wash. 247
• 163 P. 761
• 1917 Wash. LEXIS 797

Syllabus

<p>Schools and School Districts — Building Contracts — Contract- or’s Bonds — Liability for Liens. A nonstatutory surety for the faithful performance of the construction of a school house is not liable for the claims of mechanics and materialmen, where there was no law making them valid liens against the property and the bond provided that the obligee could include in his damages mechanics’ lien claims only when they were valid liens against the property.</p> <p>Same. A bond guaranteeing the performance of a contract for the construction of a school house which was not a statutory bond in that it contained no provision for the payment of laborers and materialmen, cannot be sustained as a statutory bond by reason of Rem. Code, § 777, providing that no bond required by law shall be void for want of form or substance; since it was not required by law and is not lacking in form or substance.</p> <p>Same — Contractor’s Bond — Actions—Conditions Precedent. An action upon a contractor’s bond for his negligence cannot be maintained where plaintiff failed to comply with the condition precedent to action, stipulated in the bond, which required the certificate of the architect as to such negligence, in the absence of arbitrary refusal preventing obtaining of the certificate.</p>