Williamsport v. Hughes

Citations

• 21 Pa. Super. 443
• 1902 Pa. Super. LEXIS 381

Syllabus

<p>Road law — Original paving — Repairs—Covenants as to repairs in paving contract.</p> <p>Under the Act of May 23,1889, P. L. 323, the municipal authorities have the power to enter into a contract for the original paving of a street, and they are vested with a discretion to determine the manner in which the work shall be done, and they may require that covenants shall be incorporated into the agreement for the maintenance of the pavement in good condition during a reasonable period.</p> <p>If it is established by evidence that the nominal price of the pavement includes compensation to the contractor for a covenant to make repairs not chargeable to the property, and the price paid for original construction is to that extent excessive, a property owner may have the claim against him reduced by the amount of his share of the excess. This does not, however, invalidate the lien as a whole.</p> <p>It is the duty of municipal officers when contracting for a pavement, whether the cost is to be paid by the city or is to be assessed against the owners of abutting land, to provide for a substantial and durable improvement. They have the power to throw about the contract such safeguards as will insure complete performance and skillful as well as honest work. If the guaranty provision of such a contract involves no extra cost, above what it would have been if the work had at first been executed according to the contract, then it must be held to be a contract of guaranty and not one for repairs. The construction of a street pavement and its maintenance for a reasonable term of years may be included in the same contract where the object is to obtain a better quality of construction.</p> <p>An ordinance for paving provided as follows: “The contractor shall be required to enter into an agreement with the city to make all necessary repairs for property owners and others who are compelled to open said pavement, at the original contract price per square yard, whether such repairs at a