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Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray

Cleveland State Law Review

The issue of the right of recovery by a building contractor who has failed to comply literally with specifications of building codes and ordinances has provoked much discussion and has brought forth opinions from courts and text writers, many of which are diametrically opposed. The authorities are generally agreed that a contract, whether it be a building contract or not, which upon execution will, by the thing which it tends to create, breach a positive law, is void and unenforceable. But, as is true of other rules of law which can not and do not have universal application, the courts …