Rule, 050333 PAAGO, AGO 80

• Case Date: May 03, 1933
• Court: Pennsylvania

Honorable James N. Rule, AGO 80 Opinion no. 80 Pennsylvania Attorney General Opinions Opinion of the Attorney General May 3, 1933          Edinboro State Teachers College—Fire loss—Responsibility of painting contractor —Basis of liability.          Where a contractor has completed his entire contract in every respect, the balance due on his contract may be paid to him without deduction for the cost of repairs made to a building as the result of fire.          Honorable James N. Rule, Superintendent of Public Instruction, Harrisburg, Pennsylvania.          Sir: You have asked us to advise you whether you may authorize payment to J. A. Lanston of Corry, Pennsylvania of an unpaid balance on a contract made between the .Commonwealth and Mr. Lanston for certain painting at Edinboro State Teachers College, under the following circumstances:          Mr. Lanston's contract required him to do certain painting and the necessary burning off of the old paint before application of new coats. The contract contains the following clause:          "CONTRACTOR'S LIABILITY

"12. The work in every respect, from the execution of the contract bond and during its progress until final acceptance shall be under the charge and in care of the Contractor and at his risk. He shall properly safeguard against any or all injury or damage to the public, to any property, material, or thing, except where stipulated otherwise in the specifications and shall alone be responsible for any such damage or injury from his undertaking of this work to any person or persons or thing .connected therewith. He shall indemnify and save harmless the Commonwealth and all its officers, agents and employes, from all suits or actions at law of any kind whatsoever in connection with this work, and shall if required, show evidence of settlement of any such action before final payment is made by the Commonwealth."

         Reports furnished to us by Mr. Lanston and by the president of the teachers college agree upon the following facts:          The contractor was engaged in burning old paint from a cornice on the outside of one of the buildings at the college when fire started inside the cornice. The woodwork of the cornice was old and cracked, and presumably the flame from the painter's torch entered one of these cracks and ignited inflammable particles inside. The fire gained some headway before it was discovered. This occurred on a Saturday afternoon and the doors of the building were locked...