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" Contractor ; but If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense Incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage Incurred... "
Reports of Cases Argued and Determined in the Supreme Court And, at Law, in ... - Page 497
by New Jersey. Supreme Court - 1919
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The American State Reports: Containing the Cases of General ..., Volume 139

Abraham Clark Freeman - Law reports, digests, etc - 1911 - 1264 pages
...that the certificate as to the expenses incurred by the owner and the damages incurred through default shall be audited and certified by the architect, whose...certificate thereof shall be conclusive upon the parties, (p. 27.) CONTRACT TO BUILD— Architect's Certificate — Conclusiveness. — The mere admission in...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 199

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1911 - 706 pages
...furnishing materials or for finishing the work, and any damage incurred through such default, shall he audited and certified by the architect, whose certificate...thereof shall be conclusive upon the parties." The right therein given to terminate the employment of the plaintiff is permissive to the owner. It is...
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Cyclopedia of Architecture: Superintendence. Contracts. Specifications ...

1912 - 478 pages
...either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect ,...certificate thereof shall be conclusive upon the parties. AHT. V1. The Contractor shall complete the several portion s, and the whole of the work comprehended...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 204

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1912 - 796 pages
...of case. [204 N. ¥.] rials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect, whose...certificate thereof shall be conclusive upon the parties. * * * Article "K. It is further mutually agreed between the parties hereto that no certificate given...
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Radford's Estimating and Contracting: A Practical Manual of Up-to-date ...

William A. Radford - Building - 1913 - 912 pages
...either for furnishing materials or for finishing the work, and any damage Incurred through such default, shall be audited and certified by the Architect, whose...certificate thereof shall be conclusive upon the parties. Art. VI. The Contractor shall complete the several portions, and the whole of the work comprehended...
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A Treatise on the Law of Mechanics' Liens and General Contracting: Of the ...

Thomas Hasset Ray - Buildings - 1914 - 884 pages
...either for furnishing materials or for finishing the work, and any damage incurred through such default shall be audited and certified by the architect whose...certificate thereof shall be conclusive upon the parties." From Fraenkel v. Friedmann, 199 NY 351. Same clause exactly in Denison Construction Co. v. Manneschmidt,...
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The Encyclopedic Digest of Alabama Reports: Being a Complete ..., Volume 3

Thomas Johnson Michie - Law reports, digests, etc - 1914 - 824 pages
...provided that the expense incurred by the owner and damages resulting from the contractor's default should be audited and certified by the architect, whose certificate thereof shall be conclusive upon the parties, in an action by the owner for breach of the contract by abandonment, the architect's certificate was...
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Charles Siesel Rindsfoos - Business - 1915 - 182 pages
...either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect, whose...certificate thereof shall be conclusive upon the parties. Section 6.—The Contractor. . shall complete the several portions and the whole of the work comprehended...
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Cyclopedia of Architecture, Carpentry, and Building: A General ..., Volume 6

Architecture - 1917 - 550 pages
...either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect, whose...certificate thereof shall be conclusive upon the parties. Art. VI. The Contractor shall complete the several portions, and the whole of the work comprehended...
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Westmoreland Law Journal, Volume 7

Law - 1918 - 246 pages
...either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the architect, whose...certificate thereof shall be conclusive upon the parties." ' It is upon that provision exclusively that the pbintiff predicates its case. In effect, that provision,...
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