COMPLETE right to compel owner to, 35. 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 COMPUTATION of value of services of architect, 37. interest of architect in contract, 4. CONDITION precedent, architect's certificate a, to maintenance of lien, 95. CONDITIONS of contract-waiver of, 15. CONFLICTING interest of architect in contract, 4. suspension of work by mutual, 69. of owner, as affecting right to lien, 88, 105. necessity of, in contract, 62. CONSPIRACY between owner and contractor, 38. of mechanic's lien legislation, 76. of contract provisions re extras, II. 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. various statutory provisions re, 63. distinction between void and illegal, 64. validity of provision requiring consent of architect to change requirement of owner's consent for sub-letting of, 67. provisions re liquidated damages, 70. not to usurp jurisdiction of courts, 71, 72. lien by, 86. provisions, as affecting lien rights of subcontractor, 110. 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. 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 when action by, premature, 69. lien rights of, 89-105. right of to lien dependent upon performance, 91. 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- lien of subcontractor as affected by failure of, to complete, 109. necessity, and effect upon lien rights, of filing or recording 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. 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. as affecting right of architect to compensation, 28, 29. arbitration provision as affecting provision for liquidated, 70. 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, 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- and acceptance disinguished, 27. DILIGENCE degree of, required of architect in superintendence, 46. of employer's intentions by architect, 2. DISTINCTION between void and illegal contracts, 64. the "Standard Documents" of the American Institute of Ar- DRAWINGS (see also Compensation, Preliminary sketches). 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. of building cost by architect as affecting liability of owner, ESTOPPEL of owner from claiming architect's acts improper, 5. of owner from claiming exceeding of agency powers by archi- EVIDENCE certificate as evidence of performance in general, 55. 37. EXCEEDING of agency powers by architect (see also Architect), when EXPRESS agency of architect, 8. EXTENSION of contract term by implication, 54. EXTRAS (see also Architect, Builder, Contractor, Owner) right of architect to certificate for, strictly construed, 11. 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. 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. |