Taylor v. Renn

Citations

• 79 Ill. 181

Syllabus

<p>1. Building contract—where one class of work is delayed by neglect in respect to other work. Where a part)' makes a contract to do the carpenter and joiner’s work on a brick building, it is always made, whether the contract so provides or not, with the understanding- that the owner of the building shall keep the masons’ work so advanced as to enable the carpenters to do their work within the time specified in their contract.</p> <p>2. In such case, if the carpenters are prevented from doing their work within the time specified in their contract, by the omission of the owner to do something which it is his duty to do to enable the carpenter’s work to progress, such delay is not chargeable to the carpenters, and the owner may not say that the contract price shall not be paid because the work was not finished within the time specified.</p> <p>3. Where a contract for carpenter’s work provided that the work should be completed within a certain time, and also provided that certain portions of such work should not be done until the plastering- was dry. and the carpenters were prevented from finishing the work within the time, by reason of the plastering, through the fault of the owner, not being dry, and the carpenters afterwards completed the -work and the same was accepted by the owner, it was held that the carpenters were entitled to the contract price.</p> <p>4. Same—the architect made the final arbiter. When the owner of ground about to erect a building on it, enters into a contract with a builder to do the work under the direction and superintendence of an architect, and agrees to pay for the work upon the certificate and estimate of the architect, and the builder agreed that he was to demand no pay except as he should produce a certificate under the hand of the architect, stating the amount due for materials furnished and work done by the builder as per contract, and it was further agreed that in case of any difference of opinion between the parties in relation t