Simpson Bros. v. John R. White & Son, Inc.

Citations

• 187 F. 418
• 1911 U.S. App. LEXIS 5404

Syllabus

<p>1. Contracts (§ 234*) — Construction—Building Contract.</p> <p>Under a contract for the building of a reinforced concrete structure, providing that the contractor should “provide all the materials and perform all the work for the * * * building of the concrete work,” and that, “if more or less concrete is required in foundations, it shall be added to or deducted from the contract price at a unit price of $6 per cubic yard,” where by a change in plans less concrete work was required in the foundation, the owner was not entitled to a deduction of $6 per yard for the concrete and a further deduction for the saving in steel; but the word “concrete,” as used in such provision, is to be construed as meaning reinforced concrete, including the necessary steel therein, in the absence of evidence showing that the sum stipulated is so variant from the actual cost that such construction could not have been within the intention of the parties.</p> <p>[Ed. Note.' — For other cases, see Contracts, Dec. Dig. § 234.*]</p> <p>2. Contracts (§ 196*) — Construction—Building Contract.</p> <p>Under a building contract requiring the work to be done under the direction of an architect, to be paid by the owner and having authority to condemn any part of the work and to require its replacement by the contractor, there is no ground for charging the contractor with the services of an inspector employed to see that the work conforms to the plans and specifications.</p> <p>[Ed. Note. — For other cases, see Contracts, Dec1. Dig. § 196.*]</p> <p>3. Contracts (§ 300*) — Construction op Building Contract — Delay in Completion — “Causes Beyond the Control op the Contractor.”</p> <p>Under a building contract requiring the contractor to pay the owner a stated sum per day for delay in completing the building beyond the time fixed by the contract, but further providing that the penalty should be suspended, should the work be delayed “by causes beyond the control of the contractor,” such provision must