Reference

Full Case Name

Silas S. Lydick v. H. E. Anderson, Owner and Contractor

Status

Published

Syllabus

Mechanics' liens — Building contract — Covenant against lien. A mechanic’s lien cannot be filed against a building where the contract between the owner and the contractor provides that “no lien shall be filed against the building by either the contractor or any sub-contractor for work or labor done, or materials furnished.” A building contract after specifying the manner in which payment should be made continued as follows: “ Provided that in each case of the said payments, a certificate shall be obtained from and signed by G., architect, to the effect that the work is done in strict accordance with the drawings and specifications, and that he considers the payment properly due; said certificate, however, in no way lessening the total and final responsibility of the contractor; neither shall it exempt the contractor from liability to replace work, if it afterwards be discovered to have been done ill or not in accordance with the drawings and specifications, either in execution or materials, and provided further.....no liens shall be filed against the building by either the contractor or any sub-contractor for work or labor done or material furnished.” Held, that the clause relating to liens, was an independent stipulation not connected with the previous subject, and that it should be enforced.