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 iv
... written ; and , while they must not be charged with any responsibility for its failings , they should certainly have a share of the credit for whatever merit it may be found to possess . 22 CONGRESS STREET , BOSTON , MASS . , August 1 ...
... written ; and , while they must not be charged with any responsibility for its failings , they should certainly have a share of the credit for whatever merit it may be found to possess . 22 CONGRESS STREET , BOSTON , MASS . , August 1 ...
Page v
... Writing . What May be Taken as a Signature . Contract Through Strict Adherence Necessary to Terms of Competition . A Contract by Advertisement is a Written Contract . Revocation or Modi- fication of Proposal by Advertisement . Extension ...
... Writing . What May be Taken as a Signature . Contract Through Strict Adherence Necessary to Terms of Competition . A Contract by Advertisement is a Written Contract . Revocation or Modi- fication of Proposal by Advertisement . Extension ...
Page vii
... Written Orders . - Drawings not Equivalent to Written Order in Massachusetts . Specification Controls Drawings . Contract Based on Drawings Used for Estimating . Discrepancies in Specifications . ― - - - - - Page 142 - CHAPTER XIV ...
... Written Orders . - Drawings not Equivalent to Written Order in Massachusetts . Specification Controls Drawings . Contract Based on Drawings Used for Estimating . Discrepancies in Specifications . ― - - - - - Page 142 - CHAPTER XIV ...
Page viii
... WRITTEN CONTRACTS . Written Con- tract Excludes Verbal Variations . — Draining Quicksand . — The Responsi- bility for the Failure of Legal Structures . Parol Testimony Admissible to Supply Deficiencies in Written Contracts ... ... Page ...
... WRITTEN CONTRACTS . Written Con- tract Excludes Verbal Variations . — Draining Quicksand . — The Responsi- bility for the Failure of Legal Structures . Parol Testimony Admissible to Supply Deficiencies in Written Contracts ... ... Page ...
Page 3
... writing , signed by " the party to be charged , " that is , by the one from whom payment is sought . This rule is strictly applied in the case of hiring sal- aried employés , and when a man is , let us say , appointed city architect ...
... writing , signed by " the party to be charged , " that is , by the one from whom payment is sought . This rule is strictly applied in the case of hiring sal- aried employés , and when a man is , let us say , appointed city architect ...
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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.