Sheehan v. Pittsburg

Citations

• 213 Pa. 133
• 62 A. 642
• 1905 Pa. LEXIS 391

Syllabus

<p>Contract — Municipal contract — Opening street — Delay.</p> <p>Where a municipal contract for the construction of a street is based on the assumption by both the city and the contractor that the complete right of way had been secured by the city, a delay caused by the failure to obtain the complete right of way is not within the meaning of a provision of the contract that all loss or damages from unforeseen obstructions and difficulties and from delay, should be borne by the contractor. In such a case a provision of a contract for extension of time only on the written assent by the director of public works is not applicable.</p> <p>Where a municipal contractor is delayed in completing his work by the fault of the city, he may either abandon the work, or continue it and claim the damages caused by the city’s fault.</p> <p>Where a dispute between a municipal contractor and a city as to grading is one of amount alone, and it appears that the city might have settled the amount conclusively by measuring and certifying it, but did not do so, the question in dispute is for the jury.</p>