The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-24
Supreme Court Decision Upon
Builders Contracts and
Liens.
BUSINESS OF THE WEEK.
Usual Summer Lull in the Realty
Notwithstanding Contracts
Recorded.

IhC1C MCIC llO QScOS IcCOl0Ou
the SIX days. Among them was one from
HAZE and Mary B. Martin to Louis D..
Ridgesky of the property on the west line
OF Valencia street, near Twenty second,
65x114, subject to mortgage for $4,000.
There were seventy -one mortgages re-
corded for $224.559. Among them were
the following: By the California Title In
surance and Trust Company, $4,000, for
one year at 6% per cent, on the northwest
corner of Geary and Devisadero streets,
1O0x125; by the directors of the Deaf and
Dumb and Blind Asylum of the State of
California, SIS, 600 for one year at 6% per
cent, on the south side of Pacific street,
1875 feet west of Stockton, 1877 :6x137:6; by
private party, $4,000 for one year at z
per cent on the property on the east side
of Fillmore street, so feet north of Jackson,
5Ox112.
The releases recorded numbered fifty
two and represented $558, 005. Among
them were the following: $4,000 on the
property on the south side of Geary street..
$50 feet west of Leavenworth, 44x137:6,
and the southeast corner of Geary and La
guna streets, 120x91 L $50 900 on the north
west corner OF Jackson and Kearny streets,
81 :5xl37:6; $15, 900 on the property, Axis,
on the southwest line of Third, % Az
southeast of Howard SIS, 600 on the south
east corner of Fillmore and McAllister
streets, fifty vara, with the exception of
lot 5Ox100 on McAllister next to the cor
ner; $12,5O0 on the south line of Ellis
street, 1906 east of Buchanan, 75x120;
$4,000 on the north line of Washington
street, 1877 Is east of Octavia, 81 :6x127 :81z;
$320,000 by the Lick trustees on the south
west corner of Montgomery and Suffer
streets; Sic, 600 on the northwest corner of
Maple and California streets, 257 :6x132 IN;
S0O00 tho north linz Of or .
east Of Jones street, 40x60.
BUILDERS CONTRACTS AND LIENS.
There is nothing of greater importance
to the development of the City and to the
real estate agents than that people of ordi-
nary means should be induced to build
homes and that capitalists should improve
vacant property. A draw back in the past
few years to the improvement of property
has been the danger of litigation over
building contracts and the foreclosure of
liens. The law relating to mechanics
liens as it now stands in California is Just
and equitable to all if it is properly under
stood and the proper safeguards taken by
having legal contracts recorded in the Re-
corder's office, and to do so not only must
the contract be recorded, but likewise with
it the plans and specifications for the build
ing.
Persons intending to build should have
their contracts drawn by competent attor-
neys. The late decisions of the Supreme
Court in the cases of Adams VS.. Burbank,
103 California, SAG, and the case of Clancy
VS.. Plover, decision filed May %, 1895, fully
exemplify this. In the first case there was
provision in the owners contract that
the owner would accept and pay orders to
sub-contractors from the contractor.
The owner failed to pay the orders that
were given upon him when the money was
due, and the court held, in suit by the
contractor against the owner, that the
owner could only set off the amount of the
order and not the costs and attorney fees,
which the owner had to pay upon the
sub-contractors' closing their liens. In the
latter case there was no provision in the
contract that the owner should pay orders
given by the contractor to sub-contractors,
and the contractor failed to pay a sub
contractor an amount of 500, but gave to
him an order on the owner, which the
owner refused to pay, and the sub-con-
tractor foreclosed his lien and obtained
Judgment for 800 for labor and materials
furnished, So 25 costs of recording lien, $50
attorney fees and SIS so costs of suit in all
$228 75 This the owner was compelled to
pay, because his property was about to be
sold for the same, but when the contractor
foreclosed his lien against the owner the
owner was allowed to set off the full
amount that he had paid the sub-con-
tractor, thus saving the owner S128 rs in
this case, because his contract did not pro-
vide for his accepting of orders. 4
1t will thus be seen that the owner by a
proper contract can protect himself from
the shortcomings OF an original contractor
and with an improper contract the short
comings of the original contract will be
visited on the owner. If the contract be-
tween the owner and the original con-
tractor is not properly filed and recorded
with the plans and specifications the
owner, although he may pay the contractor
in full, is still liable for all materials fur
nished and used in his house and all labor
performed thereupon, but late decisions of
the Supreme Court show that the owner
can, by properly drawn and recorded
contract with the plans and specifications
attached, save himself from loss even
though the contractor abandons the con-
tract or absolutely fails to pay the sub-con-
tractors and material men.
A very important point to be remem-
bered is that it is illegal to reduce the con-
tract price by FORGETTING portion thereof
for the failure of the contractor to COM
plete the building within the time pro-
vlded in the contract. The law provides
that the full amount of the contract mn st
be paid and that no deduction can be made
therefrom on any account, and this APP
plies to per diem forfeiture for non-com-
pletion of buildings within a specified
time.
BUILDING CONTRACTS.
During the week seventeen building con-
tracts were recorded, amounting to S92,-
GA 80, as follows;
Builders Contracts.
Richard f. Queen with Mahoney Bros two.
story basement frame building for residence on
line of Sacramento street, 1875 w of Laguna w
6S:9 by n 127 :S14; S27, O95. "
Henry Rolling with William Stevenson brick
work, rough ccmenting, etc. on s line of Bush
street, So of Laguna, S 137 Is by E so: $1,000
Patrick Lally with w. A. Muller, 2-storv frame
containing flats on S line of Fulton street an
w of Broderick, w % by 100: $3O35.
Charles Haigmaier with G. G.. Gillespie altera-
tons and additions, on SW corner of Haeht and
Fillmore streets, 81x49: $4,000.
NJ. Hogan with g. Andersen, ito erect three
story building on line OF Lombard street, 1877 "a
E Of Fillmore; $3.50.
Premier Cycle Company with J. NJ Weir tn
erect frame building on line OF Baker street. SO
| n OF Fell; $l749. - ~
| Eliza Potter with W. w. Rednan to erect a H.
story frame building on line Point Lobos avenue
| 90 w OF Thirty-thlrd avenue: $1,000.
E. +. and Nellie Sautter with Salisbury & FIN.
bury, to erect history frame building on Richland
avenue; $l70O.
B. Frank with John n. Munster, to erect q
2story frame building on line Of Pacific street
| 1864 w of Leavenworth 1924.
Johu I'll. Boardman with Hood q Watson altera
tons on building at NV corner Of Eighteenth and
| Guerrero Streets $1s07.
Edward b. Kinds with George Haub to erect 2
Sstory building on n line of Pine street. 1877 IS <