INDEX TO FORMS [References Are to Pages.] Complaints in lien actions, 226, 234, 243. Lis pendens private property, 249. Notice to owner of claim against contractor, 251. Notices of lien in lien actions, 222, 231, 237. Schedule of charges:-of American Institute of Architects, 252. Standard form of, acceptance of subcontractor's proposal, 319. agreement between architect and owner (percentage on agreement between architect and owner (cost plus), 274. circular of advice and canons of ethics of American Institute of Architects, 260. contractor's proposal, with alternative clauses, 324. general conditions of the contract, 291. instructions to bidders, 323. invitation to submit proposal, 322. subcontract, 314. by CLINTON H. BLAKE, Jr., A.M., LL. B. Architecture today more than a fine art.-Effect of modern business conditions on the practice of the profession.-Necessity of placing conduct of architectural office on business basis.-Practice of profession on business basis consistent with its standing as a fine art.-Practical to deal with client on business basis.-The importance of being definite. II. THE CONTRACT BETWEEN ARCHITECT AND . 27 The contract determines the rights of the parties.—Importance of written contract.-Necessity of clear understanding.-Various forms of contract.-Their respective advantages and disadvantages. The long form.-The short form.-The intermediate form. The Standard form of the American Institute.-Implied agreements. Their disadvantages.-Advantages of express contracts. Provisions with respect to compensation.-The computation of the commission.-Not ordinarily chargeable on cost of land.-Proof of value of services.-Right to commission on furnishings and decorating and landscape work.-The acceptance of allowances or commissions on purchase of furnishings and fixtures. Relations between architect and decorators, landscape architects and consulting architects.-Advisability of agreement between them.-Importance of centralization of authority.-Payment of fee in corporate stock.-Cautions to be observed.-Liability to creditors on stock not fully paid.-Income tax considerations. Protection against insolvency of corporation. III. THE CONTRACT BETWEEN OWNER AND CONTRACTOR . 50 The architect's interest in the contract.-The standard form of the American Institute.-Consideration of its terms.-Advantages and disadvantages.-Payment to contractor should be contingent on performance.-What law should govern the contract.-Deviations by contractor from contract terms should be clearly restricted. The authorization of changes.-The ownership of drawings and models.-Status of the architect and scope of his authority.-Tendency to restrict his power and discretion.-Disadvantages of this course.-Decision of disputes by arbitration.— Advantages and disadvantages.-Right of the contractor to act in emergencies.-Preferable to vest emergency authority in architect. Importance of submission by contractor of schedule of values covering component parts of the work.-Protection of owner against mechanic's liens.-Owner should have right to withhold payment of any instalment until existing liens have been satisfied. Standard Contract provision with respect to patents, unfair to contractor.-Desirable for architect to have his own contract form.-A meeting of the minds essential to any contract. -Contract must have mutuality.-Offer alone does not constitute contract.-Necessity of acceptance.-Right to withdraw offer prior to acceptance.-Mistakes in bids as affecting contractor's liability. Supplemental or additional agreements.-Necessity for reducing them to writing.-Written agreement cannot be changed by oral agreement.-Collateral agreements an exception to rule.All supplemental agreements should be in written form.-Disregard of this caution is dangerous. IV. REPRESENTATIONS OR GUARANTEES WITH . . 70 Danger to architect of representations or guarantees with respect to cost.-Importance of clear understanding on this point. -Duty of architect to make clear to client probability of extras and impossibility of foretelling cost.-Suggested contract provision for protection of architect. V. ACTING AS CONTRACTOR OR PRINCIPAL... 75 Architect should not become involved as contractor or principal. -Dangerous to act for undisclosed principal. VI. SKETCHES AND PLANS 80 Payment for preliminary sketches.-Important to provide basis upon which fee therefore may be computed.-Agreement on estimated cost.-Payment for sketches where work suspended or abandoned.-Payment for successive sets of sketches.-Payment for plans and drawings.-Right to charge for successive sets of plans and for changes.-Importance of fixing percentage to be charged.-Popular misconception of effect of American Institute minimum charge schedule.-The delivery of the plans.-Failure to deliver as affecting architect's right to recover.-What constitutes delivery.-Delivery as distinguished from acceptance.-Changes in plans and specifications after approval.-Cautions to the architect. Changes made necessary by mistakes of the architect, as distinguished from those due to directions by owner.-Payment for extra services and expenses due to changes by client.-Payment for such changes as distinguished from additional basic fee received on added cost.-Insistence of client on changes artistically or structurally wrong.-Action to be taken by architect under such conditions.-Danger of agreement by architect to changes affecting safety of structure.-Liability for injury to the public.— Right to special compensation for work of special character, such as cabinet work.-Importance of office organization in avoiding misunderstandings and placing work on a definite and business basis. VII. THE TITLE TO THE PLANS . ΙΟΙ General misconception of architect's rights in the plans.-In absence of agreement, plans belong to the client.-Architect should be protected by contract provision.-Rights of third parties in the plans.-Protection of the plans by patent or copyright.— Design patents. VIII. SUPERVISION 105 Similarity of architectural and legal professions.-Responsibility of architect for reasonable skill and diligence.-Distinction between supervision and superintendence.-Employment of a "clerk of the works."-What constitutes supervision.-Architect's right to delegate authority.—Supervision and other services may be rendered by clerks.-Final responsibility and general direction must rest upon the architect.-Danger of authorizing changes without proper authority.-The issuance of certificates.-Necessity for care and proper checking.-Advisability of securing statement of quantities and unit prices on component parts of work. -Submission by contractor of monthly statements of quantities and prices. Investigation of current market prices by architect. -Responsibility of architect for negligence in checking requisitions or issuing certificates.-Neglect in over-certification.Neglect in passing estimates or requisitions carrying improper distribution of profits.-Issuance of certificates as condition precedent to recovery by contractor.-Failure to issue will not necessarily defeat recovery.-Danger of owner giving instructions to contractor direct.-Effect on rights and liability of architect.Quasi-judicial status of architect.-His duties and rights as arbitrator. He must have no concealed interest in contract.-Good faith requisite. IX. COMPETITIONS 131 Increase in competitions in recent years.-Dangers of competitive work.-Lack of definite contracts.-Ambiguity and uncertainty of published terms as basis of contract.-Danger of terms leaving fee to be determined later.-Competitions for public work. -Contracts with federal, state or municipal governments.— Cautions to be observed in this connection. X. DEALINGS WITH CORPORATIONS AND WITH 135 Corporation managed by its board of directors.-Necessity of |