Texter v. Wachs

Citations

• 73 Pa. Super. 19
• 1919 Pa. Super. LEXIS 166

Syllabus

<p>Building contracts — Breach of contract — Liquidated damages for delay — Charge of court.</p> <p>In an action to, recover liquidated damages for delay, under a building contract which provided that the contractor should pay “by way of liquidated damages the sum of $10 per diem for each and every day thereafter the said work shall remain incomplete” it is error for the court to charge the jury that the contractor would not be liable for delay caused by adverse weather conditions but that he would be liable only for delay caused by his own negligence.</p> <p>Where a building contract provides for liquidated damages for delay, the fact that the conduct of the owner has caused delay does not relieve the contractor, as soon as such cause has ceased, from speedily finishing the work, and the failure to do so will warrant the owner in invoking the claim for liquidated damages for every day of unreasonable delay thereafter.</p> <p>When parties enter into the contract for the erection of a building in this climate, they must he presumed to know that the weather conditions will not always be favorable and if they wish to be protected against same, they should make suitable provision therefor in the contract itself. Where the contractor covenants that, in case of delay he will pay a certain rate per diem, the appliances and the number of men which he would employ in the ■ undertaking were for him to determine, and if there was delay he must respond according to his contract, unless that delay was caused by the defendant or his agent.</p> <p>An independent contract, for extras at a price agreed upon, is properly admissible in evidence, in an action for the amount due, where such contract was in addition to and not an essential part of the original undertaking.</p> <p>Keller, J., dissents.</p>