additions to the drawings, specifications or other documents; or if a contract be let by cost of labor and materials plus a percentage or fixed sum; or if the Architect be put to labor or expense by delays caused by the Owner or a contractor, or by the delinquency or insolvency of either, or as a result of damage by fire or other casualty, he is to be equitably paid for such extra service and expense. 8. Should the execution of any work designed or specified by the Architect or any part of such work be abandoned or suspended, the Architect is to be paid in accordance with or in proportion to the terms of Article 9 of this Schedule for the service rendered, up to the time of such abandonment or suspension. 9. Whether the work be executed or whether its execution be suspended or abandoned in part or whole, payments to the Architect on his fee are subject to the provisions of Articles 7 and 8, made as follows: Upon completion of the preliminary studies, a sum equal to twenty per cent of the basic rate computed upon a reasonable estimated cost. Upon completion of specifications and general working drawings (exclusive of details) a sum sufficient to increase payments on the fee to sixty per cent of the rate or rates of commission agreed upon, as influenced by Article 6, computed upon a reasonable cost estimated on such completed specifications and drawings, or if bids have been received, then computed upon the lowest bona fide bid or bids. During the preparation of the preliminary studies and of the specifications and general working drawings, it is proper that payments on account be made at monthly or other intervals, in proportion to the progress of the architect's service, and so as to aggregate in each period not more than the sums prescribed above. From time to time during the execution of work and in proportion to the amount of service rendered by the Architect, payments are made until the aggregate of all payments made on account of the fee under this Article reaches a sum equal to the rate or rates of commission agreed upon as influenced by Article 6, computed upon the final cost of the work. Payments to the Architect, other than those on his fee, fall due from time to time as his work is done or as costs are incurred. No deduction is made from the Architect's fee on account of the use of old materials, penalty, liquidated damages or other sums withheld from payments to contractors. IO. The Owner is to furnish the Architect with a complete and accurate survey of the building site, giving the grades and lines of streets, pavements and adjoining properties; the rights, restrictions, easements, boundaries and contours of the building site, and full information as to sewer, water, gas and electrical service. The Owner is to pay for borings or test pits and for chemical, mechanical or other tests, when required. II. The Architect endeavors to guard the Owner against defects and deficiencies in the work of contractors, but does not guarantee the performance of their contracts. The supervision of an architect is to be distinguished from the continuous personal superintendence to be obtained by the employment of a clerk of the works. When authorized by the Owner, a clerk of the works, acceptable to both Owner and Architect, is to be engaged by the Architect at a salary satisfactory to the Owner and paid by the Owner, upon presentation of the Architect's monthly certificates. 12. When requested to do so, the Architect makes or procures preliminary estimates on the cost of the work and he endeavors to keep the actual cost of the work as low as may be consistent with the purpose of the building and with proper workmanship and material, but no such estimate can be regarded as other than an approxi mation. 13. Drawings and specifications, as instruments of service, are the property of the Architect, whether the work for which they are made be executed or not. The words "the cost of the work," as used in Articles I and 9 hereof, are ordinarily to be interpreted as meaning the total of the contract sums incurred for the execution of the work, not including Architect's and Engineer's fees or the salary of the clerk of the works, but in certain rare cases, e. g., when labor or material is furnished by the Owner below its market cost or when old materials are re-used, the cost of the work is to be interpreted as the cost of all materials and labor necessary to complete the work, as such cost would have been if all materials had been new and if all labor had been fully paid at market prices current when the work was ordered, plus contractor's profits and expenses. As adopted at the Washington Convention, December 15-17, 1908; and revised in form at the 50th Convention, December 6-8, 1916, at the 54th Convention, May 11-13, 1921, and at the 55th Convention, June 7-9, 1922. NEW YORK CHAPTER AMERICAN INSTITUTE OF ARCHITECTS PROFESSIONAL PRACTICE OF ARCHITECTS AND SCHEDULE OF CHARGES 1. The architect's professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings, and of the general direction and supervision of the work, for which, except as hereinafter mentioned, the minimum charge, based upon the total cost of the work complete is ... 6 per cent. 2. On residential work, on alterations to existing buildings, on monuments, furniture, decorative and cabinet work and landscape architecture, it is proper to make a higher charge than above indicated, as follows: For city houses, on the first $50,000. of For country houses, and stables and other On the first $50,000. of cost of each building And on the balance of cost of each building For alterations to existing buildings For designs for fabrics furniture and fittings, lighting fixtures, hardware. .... For monumental, special interior and 10 per cent. 8 per cent. 10 per cent. .15 per cent. 10 per cent. By special interior work is meant that part of the work which is individual, requiring special study and drawings for each room, or each feature thereof, as distinguished from the work which is repetitious and which can be executed from typical drawings and general specifications. All of the above charges are subject to increase by *The total cost is to be interpreted as the cost of all materials and labor necessary to complete the work, plus contractors' profits and expenses, as such cost would be if all materials were new and all labor fully paid, at market prices current when the work was ordered. special arrangement, where the cost of the work is small or the conditions unusually difficult. 3. The architect is entitled to compensation for articles purchased under his direction, even though not designed by him. 4. If an operation is conducted under separate contracts, rather than under a general contract, it is proper to charge a special fee in addition to the charges mentioned elsewhere in this schedule, which fee should be not less than 50 per cent, of these charges when the whole work is so divided. When only parts of the work are let under separate contracts the additional fee should be according to the services rendered. 5. Where the architect is not otherwise retained, consultation fees for professional advice are to be paid in proportion to the importance of the questions involved and services rendered. 6. Where heating, ventilating, mechanical, structural, electrical and sanitary problems are of such a nature as to require the services of a specialist, the owner is to pay for such services. Chemical and mechanical tests and surveys, when required, are to be paid for by the owner. 7. Necessary travelling expenses are to be paid by the owner, as well as the cost of prints, models and other special disbursements on his account. 8. If, after a definite scheme has been approved, changes in drawings, specifications or other documents are required by the owner; or if the architect be put to extra labor or expense by the delinquency or insolvency of a contractor, the architect shall be paid for such additional services and expense. 9. Payments to the architect are due as his work progresses in the following order: Upon completion of the preliminary studies, one-fifth of the entire fee; upon completion of specifications and general working drawings (exclusive of detail), two-fifths additional, |