White v. Braddock Borough School District

Citations

• 159 Pa. 201
• 28 A. 136
• 1893 Pa. LEXIS 1496

Syllabus

<p>Building contract — Performance—Architect—Delay—Damages.</p> <p>In an action to recover money due on a building contract, if it appears that the contractor made every reasonable effort, in good faith, to perform his contract fully, and within the period given him to perform it, and the building was completed and taken possession of and used for its intended purpose, and adequately served its purpose, the contractor is entitled to recover the balance of the contract price, together with the amount admitted to be due for the additional work, less such deductions as will compensate the owner for any minor imperfections and omissions'.</p> <p>Under such contract, if the owner’s architect fails to furnish the lines and levels, or to do any other act which he was required to do under the contract, or if he makes such changes.in the plans and specifications as to cause delay, the contractor will not be answerable for the delay.</p> <p>. If, however, the delay resulted from the condemnation, with reasonable promptness, oí material which, the architect under the contract was required to pass upon, and the necessity of procuring other material, such delay will not be chargeable to the owner.</p>