Thompson-Starrett Co. v. Southern Building Corp.

Citations

• 40 App. D.C. 459
• 1913 U.S. App. LEXIS 2102

Syllabus

<p>Building Contracts; Damages.</p> <p>1. That a building contract might, under certain conditions of cost, have permitted the contractor, without loss to himself, to delay the completion of the building, to the loss of the owner, and therefore have been an unwise one for the owner to enter into, cannot affect its construction.</p> <p>2. Delay in completing a building beyond the date fixed by the building contract, which required the work to be done at cost plus a specified profit, the aggregate in no case to exceed a guaranteed maximum amount, does not entitle the owner to recover for delay in the completiou of the building, under a further provision of the contract that the owner shall have the right to deduct frojn the guaranteed maximum amount, $100 for each and every day that the completion should be delayed beyond the date fixed therefor, where the actual cost, plus the stipulated profit and forfeiture for the delay, is less than the guaranteed maximum amount.</p> <p>3. No damages for delay in completing a building contract can be recovered independently of the damages stipulated therefor in the contract.</p>