Thaler Bros. v. Greisser Construction Co.

Citations

• 229 Pa. 512
• 79 A. 147
• 1911 Pa. LEXIS 522

Syllabus

<p>Mechanic’s claim, — Building contract — Arbitration by architect — Retention of certificate of approval — Good faith — Instructions of court.</p> <p>1. Where a subcontractor has entered into a contract with a construction company, the main contractor, to construct certain tubs for a brewery in course of erection, by the terms of which contract the construction company is expressly designated as “owner,” and it is provided that the work shall be done “under the direction and to the satisfaction of the construction company, architect, acting for the purposes of this contract as the agent of the owner,” with the further provision that “all payments shall be made upon written certificate of the architect that the payment has become due.” and the real owner seeks to defend against a sei. fa. sur mechanic’s lien for a balance due for work done on the ground that the work was deficient in several particulars and that the plaintiff has failed to produce a certificate from the architect that any balance is due, an instruction to the jury making the good faith of the construction company in withholding their approval of the work the test of the sufficiency of its defense is fair and proper.</p> <p>2. Such a case in its facts is to be treated rather as one in which work or material is to be satisfactory to the party acquiring it, than as one in which it must be satisfactory to a third party designated as arbiter.</p> <p>3. The physical production of the architect’s certificate in such a case is not an absolute prerequisite to the right of recovery.</p> <p>Evidence — Verdict—Inference of feigned dissatisfaction.</p> <p>4. A verdict for plaintiff on sci. fa. sur mechanic’s lien is sustained by evidence that the work was properly performed, that no specific reason was offered for the failure of the principal contractor to give a certificate of proper performance upon request, that after the completion of the work the owners expressed satisfaction with it and acknowledged their