general summary of the more important points in the text, from the point of view, especially, of the architect, together with general suggestions based thereon.

The Appendices contain a number of selected decisions in leading cases for general reference reading supplemental to the text, the new Standard Documents, Forms, Canons of Ethics, and Schedule of Minimum Charges of the American Institute of Architects, and the Schedule of Charges of Architects, as approved by the New York Chapter of the American Institute.

The special forms which follow Appendix E are adapted from forms used in actual court proceedings. They include a number of the more useful and more generally needed forms in lien actions. It has been thought unnecessary to encumber the text with all the forms required from time to time in such proceedings, in view of the many excellent forms already published, and the fact that it is not the purpose of the present text to deal exhaustively with the subject of liens, but rather to emphasize those points therein which are especially applicable to the mutual relations of the architect, the owner, and the contractor.

For special or more detailed investigation as to any particular point in the text, reference may be had to the special authorities dealing with that point alone, as distinguished from the general subjects which it is the purpose of the present pages to discuss.

I wish to acknowledge my indebtedness in

gen

eral to all of the standard legal digests and encyclopedias, and to the various authors to whom I have endeavored to give full credit in the reference notes. I must acknowledge, especially, the courtesy of The American Institute of Architects, in granting to me permission to publish the Standard Documents, Forms, Canons of Ethics and Schedule of Minimum Charges issued by the Institute and which comprise Appendix B. A similar acknowledgment is due the New York Chapter of the American Institute for the permission granted to publish its Schedule of Minimum Charges.

If the following pages prove helpful in any way to my many good friends in the Architectural profession or to my fellow-members of the Bar, I shall feel amply repaid for the time and effort given to their preparation.

CLINTON H. BLAKE, JR. New York City, October 15th, 1915.

SPECIAL INTRODUCTION TO THE

FIRST EDITION

BY AYMAR EMBURY II.

Member American Institute of Architects.

Architects as a class are indisputably earnest and careful in their work, but very properly devote the most part of their attention to construction and design. The business end is to most of us incidental, and while we try to keep our accounts straight and our contracts in form, our legal rights and obligations and the legal rights and obligations of our clients and contractors receive far less consideration at our hands than they should.

Because of the attention which we pay to the construction, we do not very often erect unsafe buildings, but our handling of the legal and business end of our work has not been commensurately good. It we do not have more trouble with our contractors, our owners or our Building Departments, it is because of their complacence, and not because of our understanding of sound legal and business principles.

Conscious violations of the building law by architects are not frequent, yet they are by no means uncommon, and are often forced by the poorly written and untechnical statutes of many

of our States. In my home town for example, the building code for many years provided that all cement mortar should be mixed with long cattle hair: of course that particular section of the ordinance was violated as often as there was a building erected in the town, and yet what else could be done?

However, ignorance of the building code does not as a rule bring as serious consequences upon the head of the architect as does ignorance of the rather unusual quasi-judicial position which he occupies, and that more architects do not get into very serious trouble is probably more due to the complacence of their clients, than to the correctness of the positions assumed by the architects. As a matter of fact this book came to be written because Mr. Blake, acting as my attorney, discovered that I had very curious and false notions of my duties and responsibilities, and finding that the clients for whom I worked, had other views equally curious and untenable, the idea naturally suggested itself that brief and authoritative statements of the law in its relation to architect and client alike, would be valuable.

Another thing which makes such a hand book almost a necessity is that a copy of the laws would not help much, even if one took the time and trouble to wade through a young library of "Acts" to find the ones which concern building and building contracts. The law is made as much by the interpretations placed upon it by various judges, as by its letter; and the judicial precedents and