A Treatise on the Law of Mechanics' Liens and General Contracting: Of the State of New York, with Forms

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M. Bender, 1914 - 657 páginas

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Contenido

The Award
16
Causes Invalidating Contracts
18
Appropriation before Award
19
Proposals and Specifications
24
Specifications must be Definite
25
Alternative Bids
30
Unbalanced Bids
31
Reduction of Bids After Opening
33
Monopolies Excluded
35
Contracts in Violation of Statutes
36
Irregularities Waived
37
Opening Bids
38
Advertisements
39
Public Officers not to be interested in Contracts
40
Exceptions
44
Exception by Legislature
51
Judicial Exceptions
53
Contracts for Patented Articles
56
PERFORMANCE IN GENERAL SECTIONS PAGES 29 Performance Precedent to Payment
61
Substantial Performance
62
Good Faith Essential
63
Defects because of Excess Work
67
Performance by Architects
68
Substantial Performance as Question of Fact
69
Substantial Performance as Question of Law
70
Waiver of Complete Performance
71
Waiver is a Question of Intent
72
Impossibility of Performance
73
Unforeseen Contingences
74
Prevention of Performance by Third Party
76
Prevention of Performance by Destruction of Essential Prop erty
78
Where Essential Conditions do not Exist
80
Performance to Satisfaction of Other Party
82
Entire and Divisible Contracts
83
Abandonment and Rescission
85
CHAPTER III
88
Indemnity against Claims for Damages
89
Liability to Third Parties
92
Release of Surety
94
General
99
TIME OF PERFORMANCE SECTIONS PAGES 51 Time of Performance not Specified
100
Extension of Time
101
Notice to begin Work
102
Specified Date for Performance Liquidated Damages
104
CERTIFICATES AND ARBITRATION
123
Question of
127
What Constitutes Bad Faith and Mistake
129
Waiver of Certificate
137
73
144
CHAPTER VI
154
Extra Work Caused by Delay
164
No Examination Permitted
170
Right to Demand Contract
172
Conflicting Specifications Interpretation
178
SECTIONS PAGES 87 Plans and Specifications Annexed
180
Specifications Silent
181
CHAPTER VII
189
Payment by Mandamus
192
Special Provisions for Payment
195

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Página 718 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work wIth promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architects, the Owner shall be at liberty, after three days...
Página 259 - Is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than five hundred nor more than one thousand dollars for each offense. If any contractor with the state or a municipal corporation shall require more than eight hours...
Página 730 - ... being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Página 483 - ... giving and granting unto my said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as...
Página 722 - Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the Contractor's default.
Página 251 - Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor.
Página 257 - No person shall be excused from attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigation, proceeding or trial...
Página 169 - All loss or damage arising out of the nature of the work to be done under this agreement, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same...
Página 258 - Hours of labor to be required. — Any person or corporation, 1. Who, contracting with the state or a municipal corporation, shall require more than eight hours work for a day's labor; or 2. Who shall require more than ten hours...
Página 522 - ... instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order.

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