Honolulu Iron Works Co. v. Bigelow

The thesis of the surety’s petition for a rehearing is waiver by the board of harbor commissioners of the covenants and conditions of the contract and specifications in respect to payment for all labor and material and to retained percentages and final payment and has for its basis tlie assumption that the provision of the contract and specifications for withholding retained percentages was optional; that the requirement of evidence of payment was merely a condition precedent to the right of the contractor to demand final payment and that by interpleading the parties to the suit these…