Stocking v. Fouts

Citations

• 99 Wash. 261
• 169 P. 593
• 1918 Wash. LEXIS 615

Syllabus

<p>Principal and Surety—Contractor’s Bond—Release by Changes in Plans. A surety on a contractor’s bond is not released by changes ordered, where the bond allowed changes in the specifications which did not increase the cost more than twenty per cent, and the architect found, as authorized by the contract, that the changes were less than twenty per cent of the contract price; there being no such changes as to make it a new contract.</p> <p>Contracts—Performance of Conditions—Extras—Compensation. Where a contractor made changes in a building and proceeded with the work without appealing from the decision of the architect determining the cost, as provided in the contract in ease the parties failed to agree as to the cost of changes, the owner may recover damages of the contractor and his surety by reason of failure to complete the building, although he failed to arbitrate the matter of extra cost, as that was determined by the architect.</p>