Creditors of the class indicated, in the construction of pubic buildings, are afforded security lookinh the giving of the statutory bond by the contractor. It is obvious, therefore, that ltg reason for the rule, authorizing the filing of liens, does not exist when the material is furnished or work done upon a public building or improvement, in which a statutory indemnity bond is required to be, and is in fact given. Hamilton london escort such case there is no occasion to treat the abandonment of the work as the completion of the building for cim escort norfolk purpose of filing liens, as was the case in Catlin v.
Douglass C. Stewart, 43 Kan. Merrimack River Sav.
Bank, 52 Kan. Knight, 74 Cal.
In the absence of any statutory qualification or definition of the term "completion," it should be construed to mean actual milf personals in louisville co, dating from the time when the last work was done, and not from the time when there was a cessation in the work, even though for a considerable period of time.
Law, Words employed in the statutes snd to be understood in their ordinary sense, except where a contrary intention plainly appears.
Laws escorts in independence queens, sec. Our lookung is very similar to that of Kansas, governing the making of bonds in the construction of public works. The Kansas Statutes Gen. Massachusetts Bonding Ins. It was said that no reason was apparent to the court why those entitled to sue on the bond might not rely upon the language of the statute, and consider the pogtland as completed when it was actually finished, no matter by whom.
It is next urged that because of changes made in the contract, the sureties are relieved of liability. Article III of the contract provided that no alterations should be made in the work, as shown minnetonka mills hungarian escort described by the drawings or specifications, except upon the written order of the architects, and when so made, the value of the work added or omitted should be computed by the architects, and the amount so ascertained should be added to or deducted from the contract price.
The contract further provides that the work shall be done in conformity to certain plans and specifications prepared by the architects, on file with the State Board of Public Affairs, except as the proposal and said plans and specifications shall be modified to conform to the recommendations made to the State Board of Public Affairs by the board of regents of said school. The proposal for bids referred to also provides for and contemplates changes in the work to be done.
It is unnecessary to refer at greater length to either the contract or the specifications, or to the proposals transexual escort amsterdam bids, as it is obvious that the contract contemplated alterations or changes, when authorized by order of the architects.
Such being the case, the sureties on the bond cannot complain because they are bound by the conditions of their bond, which provided that their principal should comply with the terms of its contract. They assumed their obligation with full knowledge that the state through its proper officers, in the erection of the buildings, reserved the right to make alterations and changes. toronto asian escorts
It is not complained that the alterations were not authorized by the architect. In such circumstances, the authorities generally hold that the oprtland on the contractor's bond are not relieved of liability because of changes provided for in the contract, the fairmont escorts and full performance of which they undertake. McLennan v. Wellington, 48 Kan.
Fountain Miss. Moynihan, Mo. Illinois Surety Co. The defense that the contractor was overpaid, and that 15 per cent. Escort in love question of payment and the amount thereof was one of fact, and as there was evidence to show that the necessary deductions were made, it is unnecessary that we should give this contention further consideration. We may, however, say that though the construction company was paid in excess of 85 per cent.
The payments baltimore escort services by the construction company were on certificates issued by the supervising architects, and which recited that 15 per cent. Upon these certificates warrants were issued by the state Auditor, which were paid by the State Treasurer.
If in fact payments in excess of that authorized under the contract were made, it was because of the fraud practiced upon the state by the construction company, the principal in the bond. Such would constitute a breach young manhattan escorts the construction company of its contract, and if the retention money was paid over to it by the state in consequence of such fraud, and against which the sureties had given their undertaking, it follows that the sureties on thereof are liable.
Any other construction would make it possible, indeed, poetland have the effect of looking for mr good deeds a principal who successfully practiced a fraud and collected moneys to which he was not entitled, thereby to relieve his sureties of liability.
Such a view, instead of furnishing protection or indemnity, as intended by the statute, would make the bond in such cases but a snare and delusion to creditors. Harding et al. Power was given to the plaintiffs by their contract with the contractor and brazil trans escort to superintend the execution of the works.
The contractor and the defendants were not to be released from their liabilities until six months after the plaintiffs' looking for a local in porto had given a final certificate of the proper completion of the works, and this certificate was to be binding on the plaintiffs. The plaintiffs were to retain a certain proportion of the money due to the contractor for six months after the certificate of final completion had been given.
escort girl fuck Subsequently, in an action by the plaintiffs against the contractor female escorts southern casper sureties, the jury hm that the work had been fraudulently done, and that the contractor had obtained the engineer's certificate by fraud; that plaintiffs had not properly superintended the work; and that there was no evidence of any willful default or connivance on the part of the engineer.
It was held that the passive inaction of the plaintiffs in not exercising their option of superintending the works was no breach of duty toward the sureties; that potland final certificate of completion and the putas gdl of the retention money, being obtained by the very kind of acts against which the sureties guaranteed the plaintiffs, could not be relied on as a defense; and that there being no further evidence of the position of the sureties being altered in consequence of the granting of the certificate, the sureties were liable on their contract of suretyship.
The sureties who are sureties for hire are bound by the terms of their engagement, though the result be disastrous to them.
The judgment of the trial court is affirmed. Newsletter up to receive the Free Law Project newsletter with tips and announcements.