Plans-continued right of architect to compensation for, as affected by condi- right of architect to compensation for, as dependent upon de- delivery and acceptance of, distinguished, 27. defects in, as affecting compensation of architect, 40. liability of architect for, 40. mistakes and negligence re, 41-45. compliance with, as condition precedent to recovery of dam- right of owner to, as against architect, 52. as against builder, 57. right of builder to, as against owner, 57. as against architect, 115. right of architect to, as against owner, 52. as against builder, 115. incorporation of plans and specifications in contract, by refer- ence, 62. where must be attached to contract, 62. re compensation of architect, 38. in general, 116. PRECEDENT certificate of architect, as condition precedent to maintenance of lien, 95. PRELIMINARY SKETCHES right to compensation for, 33, 38. variance between working drawings and, 38. PREMATURE action by contractor, 69. PRESUMPTION re unpaid balance of contract price on completion by owner, PRIORITY of lien claims, 113. PRIVILEGE right of architect to plead, 2. of skill and due care as affecting right of architect to recover, PUBLIC 31. duties of architect to, 3. QUESTION of fact-negligence of architect a, 47. of contract as affecting lien rights, 112. by contractor from subcontractor, 59. of compensation by architect, theory of, 21. in absence of special agreement, 22. as affected by special conditions, 22-25. as affected by proof of exercise of due care, 31. by builder, where failure to give certificate due to error of law, 55. by architect, in general (see Architect, Compensation, Me- by contractor, and subcontractor in general (see Contractor, by owner, in general (see Owner, Damages). REFERENCE incorporation of plans and specifications in contract by, 62. REFUSAL by owner to complete,-measure of damages on, 36. as bar to recovery by contractor, 55. as affecting lien of contractor, 95. as justifying action for damages by contractor, 114. REGISTRATION of architect, I. RELATIONS of architect and owner (see Architect, Owner). liability of architect for expense of, 45. REQUIREMENTS for admission of architects to practice, 3. REQUISITES general, of construction contract, 62. RESCISSION of contract by owner, 33-36. RIGHTS of architect, owner and contractor (see Architect, Owner, SERVICES of architect-computation of value of, 37. right to compensation for preliminary, 33, 38, variance between working drawings and preliminary, 38. SKILL proof of, as affecting right of architect to recover, 31. of architect, 12. to be carefully exercised, 12. strictly construed, 12. SPECIFICATIONS incorporation of, in contract by reference, 62. must be attached to contract, when, 62. contract provision that consent of architect necessary to au- thorize departure from, 67. necessity of filing, with contract to protect owner from lien, 112. STANDARD DOCUMENTS of the American Institute of Architects (see also Appendix STATE statutes re contract, 63. statutes re liens, importance of, 85. STATUTORY provisions re contract, 63. provisions, importance of, in consideration of lien rights, 85. STRICT construction of right to architect's certificate, II. certificates of architect to, II. Subcontractor-continued liability of contractor for work of, 58 Pennsylvania doctrine re lien of, 107. the theory of subrogation, 108. failure of contractor to complete as affecting lien rights of, 109. contract provisions as affecting lien rights of, 110. rights of employees and material-men of, 11I. recording contract as affecting lien rights of, 112. filing or recording specifications and contract as affecting lien remedy of, by "Stop Notice," 112. of contract, as dependent upon owner's consent, 67. lien of subcontractor by, 108. performance, necessity of proof by contractor of, 61. SUBSTITUTION of new contractor by architect, II. re compensation of architect, 39. re agency of architect, 19. in general, for architect, owner and builder, 116. SUMMARY of special matters affecting architect, owner and contractor, 116. SUPERVISION (see also Architect, Mechanics' Lien) by contractor of his own work, 4. by architect, in general, 9, 19, 46, 65-66. by architect of letting of subcontract, II. care and diligence required of architect in, 46. liability of architect for improper, 46. importance of, in enforcement of mechanic's lien, 81-83. agency of architect as, 9-19, 46, 65-67. SUSPENSION of work by mutual consent, 69. TENDENCY of courts in enforcing provisions for extras, 67. of architect-weight of, 55. TIME extension of term of contract by implication, 54. of payment where no fixed time specified, 60. UNPAID balance of contract price,-presumption re, on completion by UNREASONABLE withholding of certificate by architect, 55. withholding of architect's approval in lien action, 95. USURPATION of jurisdiction of courts by contract, 71, 72. schedule of American Institute of Architects as proof VARIANCE between preliminary sketches and working drawings, 38. VARIATION of contract terms by architect, 9–11. VOID contract as distinguished from illegal contract, 64. of contract conditions, 15, 67. by owner of issuance of architect's certificate, 55. of certificate-proof of, 55. by owner of production of certificate in lien action, 98. of architect's approval in general,-effect of, 55. WORK in lien action, 95. suspension of, by mutual consent, 69. WORKMEN supervision by architect of employment of, II. contract,-necessity of, 62. |