CONTENTS Architecture today more than a fine art.- Effect of modern business conditions on the practice of the profession.-Necessity of plac- ing conduct of architectural office on business basis.-Practice of profession on business basis consistent with its standing as a fine art.— The contract determines the rights of the parties.-Importance of written contract.- Necessity of clear understanding.-Various forms of contract. Their respective advan- tages 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.-Provi- sions with respect to compensation.-The com- putation 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 ac- ceptance of allowances or commissions on pur- chase of furnishings and fixtures.-Relations between architect and decorators, landscape architects and consulting architects.-Advisa- bility 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 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.-Advan- tages and disadvantages.-Right of the con- tractor to act in emergencies.-Preferable to vest emergency authority in architect.-Im- portance of submission by contractor of sched- ule 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 provi- sion with respect to patents, unfair to con- tractor.-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.-Ne- cessity for reducing them to writing.-Written agreement cannot be changed by oral agree- ment.-Collateral agreements an exception to rule. All supplemental agreements should be CHAPTER V. VI. of clear understanding on this point.-Duty of ACTING AS CONTRACTOR OR PRINCIPAL Architect should not become involved as SKETCHES AND PLANS Payment for preliminary sketches.-Impor- PAGE 75 80 CHAPTER VII. THE TITLE TO THE PLANS General misconception of architect's rights Similarity of architectural and legal pro- IX. COMPETITIONS Increase in competitions in recent years.- PAGE 101 105 131 contracts.-Ambiguity and uncertainty of pub- lished terms as basis of contract.-Danger of terms leaving fee to be determined later.- Competitions for public work.-Contracts with Corporation managed by its board of di- rectors. Necessity of approval by board of directors of acts of officers.-Contract executed by officer without authority of directors not binding upon the corporation.-Formalities necessary to insure proper execution of con- tract and protection of architect.-Techni- Importance of lien protection.-The devel- |