CHAPTER VIII

THE CONTRACT WITH THE ARCHITECT

S a result of this growing appreciation by architects of the importance of handling matters on a businesslike basis, the profession is adopting more and more generally the practice of entering into a written contract with the client, before the work is proceeded with. It is a matter of a few years only since a suggestion to an architect that he should present a contract to the client for the latter's signature when the work commenced was met with the statement that he could not possibly do so, and that if he were to do so he would be in danger of losing the job which the client proposed to entrust to him. I have long contended, and the developments of the last few years have fully justified the contention, that the ordinary client is favourably, rather than unfavourably, impressed by a desire on the part of the architect to place the dealings between them on a definite and clear business basis.

Few laymen have any conception of the con

siderations entering into the services of the architect and the matter of his compensation. They know in a general way that his compensation is based upon a percentage of the value of the work, but they are wholly ignorant of the circumstances under which payment is to be made and of the conditions which may give rise to a perfectly just claim by the architect for additional compensation. The general custom of the architectural profession with respect to charges is set forth in the schedule of charges of the American Institute of Architects. In the absence of any contract between the architect and the client the customary charges of the profession, as evidenced by this schedule of charges, would probably be held to control.

It is of real importance, therefore, that the client should realize the conditions upon which the employment of the architect is based, the obligations of the architect to the client and of the client to the architect, and the position which the architect, both as a legal and as a practical matter, holds in the building operation. In this connection we must consider also the form of contract to be entered into between the client and the architect and the points to which the client should direct his special attention. If the architect is employed without any real un

derstanding as to the terms of his employment the result is likely to be unsatisfactory, both from his point of view and from the point of view of the client. It is important that their mutual rights and liabilities should be made clear in the first instance. With a capable and conscientious architect chosen, and his employment covered by a simple but clearly worded contract, the home builder may feel that his interests are in good hands and that he may proceed with the construction of his house with the knowledge that he will be properly advised, and that he will receive one hundred per cent. value for every dollar which he expends.

The services of an architect may be roughly divided into three classes. First, he is called upon to prepare what are known as preliminary studies. These are rough sketches showing the general elevation and plan of the proposed house, in sufficient detail so that the owner may judge whether the design and layout meet with his requirements and approval. In some cases these studies will be comparatively simple. In others they will represent a considerable amount of effort on the part of the architect. In order to produce them it will be necessary for the architect to confer with the client, learn what the latter's desires are, and decide how best he may

carry them into effect. With the wishes of the client in mind, the architect will set himself to the task of solving the problem in the best manner possible. In producing the sketches which he submits to the client, he will necessarily give a considerable amount of time to the study and consideration of alternative schemes.

When the studies are submitted to the client, and approved by him, the architect will enter upon the second phase of his work. This embraces the preparation of working drawings and full size or scale detail drawings. The working drawings are what are ordinarily termed the plans, covering the layout of the rooms, the construction of the house, and the like. The details are what the name connotes, namely, details of special work, such as doorways, window trim, mantels, and similar items. When the working drawings are completed the architect will aid the client in securing bids, and advise him with respect to the awarding of the contract and with respect also to the preparation of the contract with the contractor.

When the contract is awarded, the architect will enter upon the third phase of his duties, namely, that of supervision. In his capacity as supervising architect he will supervise the erection of the house and oversee the work done.

The purpose of this supervision is obvious. It is to insure, so far as it can, that the work be done in accordance with the plans and specifications. The specifications are prepared by the architect at the time the working drawings are prepared, and form a part of the contract between the owner and the contractor. The contractor, in making his bid, bases it upon both the plans and the specifications. The plans indicate the general layout of the rooms and other portions of the building, while the specifications detail the materials, the method of construction, and the finish of the various component parts of the job.

It is evident, from the foregoing brief outline of the architect's services, that many considerations will enter into the relationship existing between his client and himself. It is important that the intending home builder understand clearly the fundamentals on which this relationship with his architect rests, and the respective rights and liabilities which belong to and are imposed upon him and upon the architect. There are involved questions of contract and questions of agency, especially, which are important both from the point of view of the client and from the point of view of the architect.

Until recent years, as we have seen, it very