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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Page 29
... defects in the walls " arose from their improper construction , and that such construction was permitted by the defendant negligently , and in violation of his duties as superintendent . " The archi- tect asserted that after the walls ...
... defects in the walls " arose from their improper construction , and that such construction was permitted by the defendant negligently , and in violation of his duties as superintendent . " The archi- tect asserted that after the walls ...
Page 31
... defect be called to his attention he must give directions to " have it remedied ; that he should see the bottom of the exca- " vations before the foundations are put in , but that the number " of visits to the building , and the times ...
... defect be called to his attention he must give directions to " have it remedied ; that he should see the bottom of the exca- " vations before the foundations are put in , but that the number " of visits to the building , and the times ...
Page 34
... defect ) , arose from the masons not having accurately conformed to " the specification and plan . Was the plaintiff responsible for " this fault of the masons ? The plaintiff agreed to make plans , " sections , elevations ...
... defect ) , arose from the masons not having accurately conformed to " the specification and plan . Was the plaintiff responsible for " this fault of the masons ? The plaintiff agreed to make plans , " sections , elevations ...
Page 35
... defect . He found that the plaintiff had bestowed as " much personal attention on the building as was necessary ... defects in question , and " which payment he was not bound to make , until the masons " presented such certificate ...
... defect . He found that the plaintiff had bestowed as " much personal attention on the building as was necessary ... defects in question , and " which payment he was not bound to make , until the masons " presented such certificate ...
Page 36
... defect of such importance in " the symmetry and regularity of the edifice as that the front " windows were higher ... defects referred to ; the dissenting judge thought he could not , and based his dissenting opinion on his own theory ...
... defect of such importance in " the symmetry and regularity of the edifice as that the front " windows were higher ... defects referred to ; the dissenting judge thought he could not , and based his dissenting opinion on his own theory ...
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Common terms and phrases
abandonment lost accepted according agreed agreement allowed amount appears archi architect assumpsit authority Barb bidder bills of quantities binding bound Bradw breach builder building contracts charge claim clause Commissioners completion condition construction contract price cost Court of Appeals damages decided decision deduction default defects defendant delay drawings and specifications employed employer entitled to recover erection estimate evidence extra fault finished forfeiture fraud furnished given Iaege Illinois judge jury liable lien liquidated damages Mass Massachusetts materials matter mechanic's lien ment Minn Missouri Moutier necessary original contract owner paid parties payment Penn performance person plaintiff plans and specifications principal contractor quantum meruit reasonable refused to pay regard Reports responsible rule saying Smith statute Statute of Frauds stipulations sub-contractor sued suit superintendent Supreme Court held tect tion tract tractor unless verbal waive waiver wall Wend West Brookfield written contract York
Popular passages
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.
Page 96 - A libel is a malicious publication, expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.