Johnson v. Hog

<p>Abstract of the Decision.</p> <p>1. Building and construction contracts, § 65*—What is effect of final certificate of architect. Where a building contract provides for the construction of a building according to certain plans and specifications for a certain price, that the work shall be done under the direction of an architect and that his decision shall be final, that the payment shall be made only upon his certificate and that the final certificate shall be conclusive evidence of the performance of the contract, and such final certificate is issued and defendant refuses to pay, the defendant is limited to the defense of fraud and mistake in the issuance of the final certificate.</p> <p>2. Municipal Court op Chicago, § 13*—when affidavit of defense is insufficient as a legal defense.' In an action by a building contractor against the owner to recover an alleged balance due on the contract after issuance of a final certificate under the contract and refusal of the owner to pay, an affidavit of defense held to be unresponsive to the issues tendered by the statement of claim and to be insufficient as a legal defense.</p> <p>3. Building and construction contracts, § 65*—when evidence sufficient to show architect’s certificate is final. In an action by a building contractor to recover an alleged balance due on the contract after issuance of an alleged final certificate by the'architect and refusal of the owner to make payment, evidence held sufficient to show that such certificate was a final one and intended as such.</p> <p>4. Building and construction contracts, § 103*—when evidence sufficient to show waiver of architect’s certificate as final. In an action on a building contract, evidence held sufficient to show waiver of an architect’s certificate as a final certificate.</p> <p>5. Building and construction contracts, § 103*—when evidence insufficient to impeach final certificate. In an action on a building contract, evidence held insufficient to show fraud or mistake which would impeach a final certificate issued by the architect.</p> <p>6. Building and construction contracts, § 65*—what constitutes a final certificate. A final certificate issued by an architect is one which is issued after a job is done and whiclj. finally determines the rights of the parties as to money and disputes.</p> <p>7. Set-off and recoupment, § 40*—when evidence insufficient to sustain plea of set-off. In an action on a building contract to recover a balance alleged to be due after the issuance of a final certificate and in which defendant filed a plea of set-off for alleged defects in construction, evidence held insufficient to sustain a plea of set-off.</p>