FRAUD

effect of, on contract, 56.

GENERAL

assignment, as affecting mechanic's lien, 104.

GOOD FAITH

required of architect,

toward owner, 3.

toward builder, 3, 114.

of architect assumed, 6.

GUARANTEE

right of contractor to recovery, as affected by breach of, 55.
HISTORY

of mechanic's lien legislation, 74, 75.

ILLEGAL

contract for purpose which is, 62.

contract as distinguished from void contract, 64.

IMPLICATION

extension of term of contract by, 54.

IMPLIED

agency of architect, 8.

authority of architect, 18.

dangers of, 18.

IMPROPER

agreement between architect and builder, 4.
superintendence, liability of architect for, 46.

INSTITUTE

of Architects,-American,-charge schedule of as proof of
value of services, 37.

INTEREST

conflicting, of architect in contract, 4.

ISSUANCE

of certificate,—duties of architect,

to owner in, 50.

to builder in, 114.

JURISDICTION

of courts,

contract not to usurp, 71, 72.

arbitration agreements, as usurping, 72.

LIABILITIES

of architect, owner and contractor (see Architect, Builder,

Contractor, Compensation, Lien, Owner, Plans).

LIEN (see Mechanic's Lien)

LIGHTING

fixtures, right to mechanic's lien for, 87.

LIMITATION

of agency of architect, 10-19.
LIQUIDATED

damages, 70.

LOANS

legality of provision for, as distinguished from penalty,

70.

arbitration provision as affecting provision for, 70.

by builder to architect, 4.

MAINTENANCE

of lien,-approval by City Department as condition precedent
to, 96.

MASSACHUSETTS

right of architect to lien in, 83, 84.
MATERIAL-MEN

lien rights of, 106, 111.

MEASURE

of damages on refusal of owner to complete, 36.

of care and diligence required of architect in superintendence,

46.

MECHANICS' LIEN

as dependent on state statutes, 73, 85.

definition of, 73.

history of, 74, 75.

constitutionality of, 76.

as statutory remedy, 77.

imposes no personal liability, 78.

necessity of contract to enforcement of, 79.

of architect, in general, 80, 81.

importance of superintendence in establishment of architect's

right to, 81-83.

of architect under New York doctrine, 82, 84.

of architect under Massachusetts doctrine, 83, 84.

importance of statutory provisions in consideration of, 85.
by contract, 86.

for lighting fixtures, 87.

consent of owner, as affecting right to, 88.

rights of contractor in general, 89-90.

as dependent on performance, 91.

the doctrine of substantial performance, 92.

as affected by delay, 93, 94.

as dependent on architect's approval, 95.

certificate of architect as condition precedent to enforcement

of, 95.

Mechanics' Lien-continued

approval of City Department as condition precedent to en-

forcement of, 96.

enforcible where certificate of architect withheld through col-

lusion with owner, 97.

waiver of production of certificate by owner as affecting, 98.
certificate as evidence of performance to support, 99.

right of corporations to enforce, 100.

effect of destruction of building by fire on, 101.

as affected by change in ownership, 102.

effect of death of owner upon, 103.

as affected by general assignment, 104.
consent of owner as affecting right to, 105.
of subcontractor,

nature of, 106.

Pennsylvania doctrine re, 107.

New York doctrine re, 108.

subrogation, 108.

failure of contractor to complete as affecting right of sub-

contractor to, 109.

contract provisions as affecting rights of subcontractor to,

IIO.

rights of employees and material-men of subcontractor to,

III.

effect of filing or recording contract and specifications upon,

112.

necessity of filing specifications with contract, 112.

"Stop Notice" under New Jersey practice, 112.

priority of claims in, 113.

MISTAKES

in plans, 41-45.

MODIFICATION

of contract by architect, 9-11.

of contract, as affecting compensation of architect, 32.
MUTUAL

consent-suspension of work by, 69.

NEGLIGENCE

of architect-a question of fact, 47.

or lack of skill of architect-burden of proof in action for, 48.
NEW

contractor, employment by architect of, 11.
NEW YORK

right of architect to lien in, 82, 84.

doctrine re lien of subcontractor, 108.

NOTICE

of asignment of contract-architect without authority to re-

ceive, II.

builder chargeable with notice of contract provisions, 54.
Stop, under New Jersey practice, 112.

OBLIGATIONS

of architect, owner, and contractor (see Architect, Builder,
Contract, Contractor, Damages, Mechanic's Lien,
Owner, Plans, Preliminary Sketches).

OMISSION

by owner, as affecting builder's right to compensation for
extras, 54.

OPINION

of architect-weight of, 55.

OWNER

relation in general between architect and, I.

estoppel of, from claiming architect's acts are improper, 5.
liability of, where new contractor employed by architect, II.
not bound by receipt of notice of assignment of contract by

architect, II.

estoppel of, from claiming exceeding of agency powers by
architect, 13.

alterations or changes approved by, as affecting architect's

agency, 13.

relations of architect to, based on trust and confidence, 1-3, 14.
liability to architect of, for plans, in absence of special agree-

ment, 22.

as affected by conditions specified, 22, 23.

as affected by conditions re cost of building, 24, 25.
estimate of cost by architect as affecting liability of, 24, 25.
rescission of contract by, 33-36.

cannot be compelled to complete, 35.

rights of, against architect for neglect and mistake, 40-43.

burden of proof in action by, against architect for neglect, 44.

right of, to damages for repairs, 45.

right of, to damages for improper workmanship, 56.
right of, to plans, as against architect, 52.

right of, to plans, as against builder, 57.

extras occasioned by omission or act of, 54.

architect's certificate, as affecting right of builder to recover

against, 55.

waiver of issuance of architect's certificate by, 55.

liability of, where refusal to issue architect's certificate is un-

reasonable, 55.

Owner-continued

recovery by builder on completion of work by, 55.

certificate as evidence of amount due to contractor from, 55.
certificate provisions enforcible for contractor as well as, 55.

liability of contractor for damages, to, 56.

obligations to contractor of, 56.

obligations of contractor to, 56.

importance of provisions re extras to, 67.

waiver of contract terms by, 67.

completion of contract by, 68.

construction by courts of provision for completion by, 68.
presumption re unpaid balance of contract price on comple-
tion by, 68.

consent of, as affecting mechanic's lien, 88, 105.

production of certificate in lien action may be waived by, 98.
mechanic's lien, as affected by death of, 103.

effect on lien rights of filing or recording contract between
contractor and, 112.

necessity of filing specifications with contract to prevent lien
claim against, 112.

summary of points of importance to architect, builder and,
116.

OWNERSHIP

change of, as affecting lien, 102.

PARTNER

delegation of authority by architect to, 14, 15.

PAYMENT

time of, where no fixed time specified, 60.

right of architect to (see Architect, Compensation, Plans,

Preliminary Sketches).

right of contractor to (see Contractor, Builder, Compensa-
tion).

PECUNIARY

interest of architect in contract,-effect of, 4.
PENALTY

as distinguished from liquidated damages, 70.
PENNSYLVANIA

doctrine re lien of subcontractor, 107.
PERFORMANCE

as affecting right of contractor to lien, 91.
doctrine of substantial, 92.

PLANS

right of architect to recover for, 20-25.
theories of recovery by architect for, 21.