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. 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. INSTITUTE of Architects,-American,-charge schedule of as proof of 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. 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 MASSACHUSETTS right of architect to lien in, 83, 84. 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. 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. 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. 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. 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. contractor, employment by architect of, 11. 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. OBLIGATIONS of architect, owner, and contractor (see Architect, Builder, OMISSION by owner, as affecting builder's right to compensation for OPINION of architect-weight of, 55. OWNER relation in general between architect and, I. estoppel of, from claiming architect's acts are improper, 5. architect, II. estoppel of, from claiming exceeding of agency powers by alterations or changes approved by, as affecting architect's agency, 13. relations of architect to, based on trust and confidence, 1-3, 14. ment, 22. as affected by conditions specified, 22, 23. as affected by conditions re cost of building, 24, 25. 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 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. 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. consent of, as affecting mechanic's lien, 88, 105. production of certificate in lien action may be waived by, 98. effect on lien rights of filing or recording contract between necessity of filing specifications with contract to prevent lien summary of points of importance to architect, builder and, 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- PECUNIARY interest of architect in contract,-effect of, 4. as distinguished from liquidated damages, 70. doctrine re lien of subcontractor, 107. as affecting right of contractor to lien, 91. PLANS right of architect to recover for, 20-25. |