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CHAPTER IV

"THE STANDARD DOCUMENTS"

$72. In General. The issuance of "The Standard Documents of the American Institute of Architects" was a matter of more than ordinary importance. It was important to the architect, to the contractor, and to the public alike.

The documents comprise forms for agreements between the architect and owner, the agreement between the owner and contractor and the general conditions of the contract, the bond of suretyship, the subcontract, the letter of acceptance of the subcontractor's proposal and various other forms applicable to the relationship and dealings of the owner and the contractor. The simplicity of expression and general lack of ambiguity which characterizes the documents, together with the broad scope of their provisions, should do much to prevent misunderstandings between the owner, the contractor and the architect, and to standardize on a mutually satisfactory and equitable basis, the general rights, duties and liabilities of the several parties.

The provisions with reference to the ownership of drawings, the status of the architect, the decisions of the architect, liens, the relations of the contractor and subcontractor, and the rather

full provisions for arbitration, are all of special interest to the architect.

The form of the subcontract is so drawn that the general conditions of the contract as between the owner and the contractor are, by reference, made a part thereof. This is important in view of the various provisions in the general conditions referring to the obligations of the subcon

tractor.

The forms are so prepared as to be easily adaptable to any particular circumstances and provision is made for the addition by the parties of such special provisions,-as for instance provisions for liquidated damages—as they may desire.

The documents should be read in the light of the general rules and principles discussed in the last two preceding chapters and especially, in the light of the statutory provisions, and of the legal doctrines, of those particular jurisdictions wherein they may be used.

The standard documents are necessarily prepared in an attempt to provide agreements which will meet the average requirements. It would seem that some of the provisions contained in them, such as the provisions with respect to estimates by the architect, could be somewhat clarified and strengthened. The standard contract between the architect and the owner on this question of cost representations, states that the architect's estimates are "approximations only." There is a direct inference from this that the estimates are at least to be approximately correct.

An architect should not be expected to give estimates of cost by which he will be bound. There are too many elements involved which make it impossible for any architect to give estimates with an assurance that the cost of the work will be approximately the estimated amount. There are undeniably advantages, also, in special forms of contract prepared to meet the demands of individual practices and the special problems which confront the architects who use them. A rather full discussion of the standard documents, their advantages and their weaknesses will be found elsewhere.

PART III

LIENS

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