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" It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in... "
Contractors' Accounting Practice: With Procedure Also for Owners, Architects ... - Página 352
por William Maurice Affelder - 1924 - 386 páginas
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 43

Montana. Supreme Court - 1911 - 704 páginas
...payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and no payment shall be construed to be an acceptance of defective work or improper materials." 11. We think instructions Nos. 4 and 5, of which complaint [11] is made, correctly interpret the contract,...
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Cases on Common Law Pleading: Selected from Decisions of English and ...

Clarke Butler Whittier - 1912 - 434 páginas
...sufficient to indemnify himself against liens or claims against the contractor. Article 10 provided "that no certificate given or payment made under this...acceptance of defective work or improper materials." The contract price of the work was $8,600. CARTER, J. (after stating the facts as above).18 On the...
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Cyclopedia of Architecture: Superintendence. Contracts. Specifications ...

1912 - 478 páginas
...final payment, shall be conclusive evidence of the performance of this contract, either wholly or ln part, and that no payment shall be construed to be an acceptance of defective work or impropet materials. AKT. X1. The Owner shall during the progress of the -work maintain insurance on...
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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 - 1912 - 796 páginas
...shall be conclusive evidence of the performance of this contract, either wholly or in part, and that n0 payment shall be construed to be an acceptance of defective work or improper materials." The trial court further found that the owner made the first, second and third payments mentioned in...
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Cases Determined in the Supreme Court of Washington, Volume 74

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1913 - 844 páginas
...building progressed, upon certificates of the architect, and further: "That no certificate given in payment made under this contract, except the final...to be an acceptance of defective work or improper material." It was also agreed that the contractor should furnish a surety bond to save the owners harmless...
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Radford's Estimating and Contracting: A Practical Manual of Up-to-date ...

William A. Radford - 1913 - 912 páginas
...given or payment made under this contract, except the final certificate or final payment, shall he conclusive evidence of the performance of this contract,...shall be construed to be an acceptance of defective >vork or improper materials. Art. XI. The Owner shall during the progress of the work maintain insurance...
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Westmoreland Law Journal, Volume 2

1913 - 358 páginas
...the performance of this contract, either wholly or in part, and that no payment, (including the last payment), shall be construed to be an acceptance of defective work or improper materials." It will be noticed that even the payment of the last payment is not to be construed as being an acceptance,...
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The Pacific Reporter, Volume 139

1914 - 1338 páginas
...completely finished and accepted by the owner and the architects." Article 10 of the contract Is as follows: "It Is further mutually agreed between the parties...acceptance of defective work or Improper materials." The performance of the contract was secured by a bond executed by the defendant Fidelity & Deposit...
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The Pacific Reporter, Volume 139

1914 - 1242 páginas
...cases see ваше topic and section NUMBER In Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes the final certificate or final payment, shall be conclusive...acceptance of defective work or improper materials." The performance of the contract was secured by a bond executed by the defendant Fidelity & Deposit...
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Purchasing

Charles Siesel Rindsfoos - 1915 - 188 páginas
...lien. . on said premises made obligatory in consequence of the Contractor. . default. Section 10.—It is further mutually agreed between the parties hereto...acceptance of defective work or improper materials. Section 11.—The Owner. . shall during the progress of the work maintain insurance on the same against...
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