COMPLETE

right to compel owner to, 35.
COMPLETION

of contract by owner, 68.

presumption re unpaid balance of contract price, upon, 68.

COMPLIANCE

with plans as affecting right of action against architect for
defects, 44-

COMPUTATION

of value of services of architect, 37.
CONCEALED

interest of architect in contract, 4.

CONDITION

precedent, architect's certificate a, to maintenance of lien, 95.
precedent, delivery and acceptance of plans as, to architect's
right to recover, 26, 27.

CONDITIONS

of contract-waiver of, 15.

CONFLICTING

interest of architect in contract, 4.
CONSENT

suspension of work by mutual, 69.

of owner, as affecting right to lien, 88, 105.
delegation of authority by architect, by, 15.
CONSIDERATION

necessity of, in contract, 62.

CONSPIRACY

between owner and contractor, 38.
between architect and owner, 97.
CONSTITUTIONALITY

of mechanic's lien legislation, 76.
CONSTRUCTION

of contract provisions re extras, II.
CONSTRUCTION CONTRACT (see Contract)
CONTRACT

modification or change of, by architect, 9-11.

provisions for extras, in 9-10, 67.

validity of provisions re extras, in, 67.

waiver by parties of conditions of, 15.

modification of, as affecting compensation of architect, 32.

rescission of by owner as affecting compensation of architect,

33, 34.

right to compel owner to complete, 35.

measure of damages on refusal of owner to complete, 36.

Contract-continued

extension, by implication, of term of, 54.

effect of fraud on, 56.

general requisites of construction, 62.

necessity of consideration for, 62.

necessity of certainty in, 62.

necessity of written, 62.

for illegal purpose, 62.

embodied in various instruments, 62.

incorporation, by reference, of plans and specifications in, 62.
necessity of attaching plans and specifications to, 62.

various statutory provisions re, 63.

distinction between void and illegal, 64.

validity of provision requiring consent of architect to change
in, 67.

requirement of owner's consent for sub-letting of, 67.
waiver by owner of terms of, 67.

provisions re liquidated damages, 70.

not to usurp jurisdiction of courts, 71, 72.
mechanic's lien as dependent upon, 79.

lien by, 86.

provisions, as affecting lien rights of subcontractor, 110.
effect upon lien rights of filing or recording of, 112.

CONTRACTOR (see also Builder)

good faith required of architect toward, 3, 114.

loans to architect by, 4.

as superintendent of his own work, 4.

architect acting as, 4.

employment of architect by, 4.

employment or substitution by architect of new, II.

compensation of, 54.

effect of architect's estimates on compensation of, 54.

chargeable with notice of contract provisions, 54.

recovery for extras by, 54, 67.

recovery by, where architect's refusal to issue certificate is

unreasonable, 55.

certificate, as evidence of amount due from owner to, 55.

breach of guarantee, as affecting recovery by, 55.

certificate provisions enforcible for benefit of, 55.

right of owner to recover damages from, 56.

obligations of owner to, 56.

obligations to owner of, 56.
right of, to plans,

as against owner, 57.

Contractor-continued

as against architect, 115.

liability of, for work of subcontractor, 58.

recoupment from subcontractor by, 59.

necessity of substantial performance by, 61.

importance of provisions re extras, to, 67.

completion by owner upon failure of, 68.

suspension of work by mutual consent, as affecting recovery
of compensation by, 69.

when action by, premature, 69.

lien rights of, 89-105.

right of to lien dependent upon performance, 91.
substantial performance by, as supporting lien, 92.

effect of delay upon lien of, 93, 94.

lien of, as affected by architect's approval, 95.

collusion between architect and owner in withholding certifi-
cate no bar to enforcement of lien by, 97.

lien of subcontractor as affected by failure of, to complete,

109.

necessity, and effect upon lien rights, of filing or recording
contract between owner and, 112.

rights and liabilities of architect and, 114.

refusal of architect to issue certificate as basis for action for

damages by, 114.

summary of points of importance to architect, owner and, 116.
CORPORATIONS

as lienors, 100.

COST

of building, as affecting architect's right to compensation, 24,

25.

estimation by architect of, 24, 25.

COURTS

tendency of, in enforcement of provision re extras, 67.
CUSTOM

as affecting right of architect to compensation, 28, 29.
DAMAGES (See also Architect, Contractor, Owner)
measure of, on refusal of owner to complete, 36.
liquidated, 70.

arbitration provision as affecting provision for liquidated, 70.
right of builder to, for refusal of architect to issue certificate,

114.

for defects in plans, 40.

for improper workmanship, 56.

burden of proof in negligence action against architect for, 48.

DANGERS

of implied authority of architect, 18.

DEATH

of architect, 51.

as affecting provision requiring certificate, 66.

of owner as affecting mechanic's lien, 103.

DEFECTS

in plans, liability of architect for, 40.

DEGREE

of care and diligence required of architect as superintendent,
46.

DELAY

effect of, upon lien of contractor, 93, 94.

DELEGATA POTESTAS NON POTEST DELEGARE, 14,

15.

DELEGATION

of authority by architect, 14, 15.

by consent, 15.

due care required in, 16.

DELEGATUS NON POTEST DELEGARE, 14, 15.

DELIVERY

and acceptance of plans as affecting architect's right to com-
pensation, 26, 27.

and acceptance disinguished, 27.

DILIGENCE

degree of, required of architect in superintendence, 46.
DISCLOSURE

of employer's intentions by architect, 2.

DISTINCTION

between void and illegal contracts, 64.
DOCUMENTS

the "Standard Documents" of the American Institute of Ar-
chitects (see also Appendix B), 72.

DRAWINGS (see also Compensation, Preliminary sketches).
contract provisions requiring consent of architect, to justify
departure from specifications or, 67.

EMERGENCY

powers of architect in, 17.

EMPLOYEES of subcontractor,-lien rights of, III.

EMPLOYMENT

of workment by architect, 11.

ERROR

of law, recovery by builder where failure to give certificate

is due to, 55.

ESTIMATES

of architect, as affecting right of builder to compensation, 54.
ESTIMATION

of building cost by architect as affecting liability of owner,
24, 25.

ESTOPPEL

of owner from claiming architect's acts improper, 5.

of owner from claiming exceeding of agency powers by archi-
tect, 13.

EVIDENCE

certificate as evidence of performance in general, 55.
certificate as evidence of performance to support lien, 99.
schedule of charges of American Institute of Architects, as,

37.

EXCEEDING

of agency powers by architect (see also Architect), when
owner estopped from claiming, 13.

EXPRESS

agency of architect, 8.

EXTENSION

of contract term by implication, 54.

EXTRAS (see also Architect, Builder, Contractor, Owner)
rights and liabilities of architect re, 9, 54.

right of architect to certificate for, strictly construed, 11.
right of builder to recover for, 54.

occasioned by omission or act of owner, 54.

importance to owner and contractor of contract provisions re,

67.

tendency of courts in enforcement of provisions for, 67.

order for, by implication, 67.

validity of provisions in contract for, 67.

FAILURE

of builder-completion by owner upon, 68.

FILING

of contract and specifications as affecting lien rights, 112.
FINAL

certificate-effect of, 55.

FIRE

right to lien, as affected by, 101.

FIXTURES

right to mechanic's lien for lighting, 87.

FORM

specified-certificate of architect to comply with, 11.
FORMS (See Index to Forms, page 349).