Architect, Owner and Builder Before the Law: A Summary of American and English Decisions on the Principal Questions Relating to Building, and the Employment of Architects, with about Eight Hundred References, Including Also Practical Suggestions in Regard to the Drawing of Building Contracts, and Forms of Contract Suited to Various Circumstances
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accepted according action actual additional agreed agreement allowed amount appears architect authority binding bound brought builder building carried caused certain certificate changes charge claim completion condition considered construction contract price contractor cost Court held damages decided decision deduction defects defendant delay direction drawings duty employed entitled erection estimate evidence express extra fact final finished follows fraud furnished give given ground held important intended judge jury less manner Mass materials matter Michigan necessary obliged offered opinion original owner paid parties payment performed person plaintiff plans present principle promise proper proposal proved question reasonable received recover refused regard Reports responsible rule saying seems shown signed Smith specifications statute stipulations sued suit superintendent Supreme Court tion tract unless usually walls writing written York
Page 366 - ... to pay to the said party of the second part the sum of in payments as follows : and the balance days after the said work shall have been Form II.
Page 362 - Arbitrators, one to be appointed by each of the parties to this contract, and the third by the two thus chosen ; the decision Form i. of any two of whom shall be final and binding, and each of the parties hereto shall pay one-half of the expenses of such reference.
Page 367 - Contract, the amount of such increase or reduction shall be added to or deducted from the Contract Price as the case may be...
Page 338 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 56 - ... tor in the doing of the work in question. There was a same"ness of responsibility only when the negligence of the " contractor was such as to be discoverable by the exercise of " reasonable care and skill on the part of the architect ; for the " effects of negligence beyond this measure, the contractor alone "would be answerable.
Page 214 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 214 - ... from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 364 - If at any time there shall be evidence of any lien or claim for which, if established, the Owner of the said premises might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify him against such lien or claim.
Page 363 - Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense Incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage Incurred through such default, shall be audited and certified by the Architect , whose certificate thereof shall be conclusive upon the parties.