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Plans-continued

right of architect to compensation for, as affected by condi-
tions re cost, 24, 25.

right of architect to compensation for, as dependent upon de-
livery and acceptance, 26, 27.

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-
ages from architect for defects, 43, 44.

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.
PRECAUTIONARY SUGGESTIONS
re agency of architect, 19.

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,
68.

PRIORITY

of lien claims, 113.

PRIVILEGE

right of architect to plead, 2.

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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.
RECORDING

of contract as affecting lien rights, 112.
RECOUPMENT

by contractor from subcontractor, 59.
RECOVERY

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-
chanic's Lien, Plans, Preliminary Sketches).

by contractor, and subcontractor in general (see Contractor,
Subcontractor, Builder, Compensation, Damages,
Mechanic's Lien).

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.
of architect to issue certificate,

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).
REPAIRS

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,
Builder, Contractor, Compensation, Damages,
Mechanic's Lien, Plans).

SERVICES

of architect-computation of value of, 37.
SKETCHES

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.
SPECIAL AGENCY

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
B), 72.

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.
"Stop Notice" under New Jersey practice, 112.

STRICT

construction of right to architect's certificate, II.
construction of agency of architect, 9-12, 54.
SUBCONTRACTOR

certificates of architect to, II.

Subcontractor-continued

liability of contractor for work of, 58
recoupement by contractor from, 59.
nature of lien of, 106.

Pennsylvania doctrine re lien of, 107.
the theory of direct lien, 107.
New York doctrine re lien of, 108.

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
rights of, 112.

remedy of, by "Stop Notice," 112.
SUB-LETTING

of contract, as dependent upon owner's consent, 67.
SUBROGATION

lien of subcontractor by, 108.
SUBSTANTIAL

performance, necessity of proof by contractor of, 61.
performance,-what constitutes, 61.

SUBSTITUTION

of new contractor by architect, II.
SUGGESTIONS

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.
SUPERINTENDENT

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.
TESTIMONY

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
owner, 68.

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.

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schedule of American Institute of Architects as proof
of, 37.

VARIANCE

between preliminary sketches and working drawings, 38.
effect of, 38.

VARIATION

of contract terms by architect, 9–11.

VOID

contract as distinguished from illegal contract, 64.
WAIVER

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.
WITHHOLDING

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.
WRITTEN

contract,-necessity of, 62.

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