Kelly v. Ferguson

The contract provides for payments to the contractor “ not to exceed eighty-five per cent (85%) of the full value of the work done and materials furnished, as the work progresses,” and “ On the last day of each and every calendar month, the Contractors’ statement as herein provided shall be submitted to the Architect, *592covering 85% of the value, proportionate to the amount of the contract, of labor and materials incorporated in the work up to the said last day of the month.” The contractor began work on the 16th day of December, 1922, and on January 1, 1923, applied to the architect for…