25. Allow the contractor to depart in any particular from the terms of the contract, either as respects materials or as respects construction, without specific authority from the owner. 26. Assume that any general agency authority given to the architect by the owner is broader than it is. 27. Forget that a special authorization may be legally construed as limited by the other provisions of the contract, or by the general rules of the law of agency. 28. Delegate his authority to another without proper authorization. 29. Act on any point where he has any doubt of his authority, without securing specific authorization. 30. Trust to a subsequent ratification of his actions by the owner rather than secure the authority first. 31. Hesitate to get advice, before he acts, rather than after the damage is done. 32. Act, or allow his office to act, on assumptions rather than on facts. 33. Forget that the fact that he holds himself out as a practicing architect places upon him the obligation to use reasonable skill and care in the practice of his profession. 34. Assume that the fact that the work done unexpectedly proves to be more expensive for the contractor than the latter anticipated, or that the contractor has been suddenly confronted with difficulties, for which he had not provided, is necessarily a justification for an extra charge by the contractor. 35. Lose sight of the distinction between extra work agreed upon or made necessary, after the execution of the contract, and extra work provided for under the preliminary understanding, but before the contract has gone into effect, and so merged in the the contract when executed. 36. Prepare plans and specifications, without providing, in effect, that they shall co-operate, and that any work shown in the plans, and not in the specifications, or vice versa, shall nevertheless be performed. 37. Accept authority from, or enter into contracts with, corporations, where large amounts and vital interests may be involved, without obtaining satisfactory proof that the authority or agreements have been properly granted and executed. 38. Forget that the architect, as arbitrator, is called upon to act in a quasi-judicial capacity and with fairness to both sides. 39. Imagine that any clause, stating that a certain sum is to be taken as liquidated damages, necessarily operates to provide a proper liquidated damage clause, and fail to employ a form of clause, legally approved in the jurisdiction where the contract is operative. 40. Consider that the "Standard Documents" necessarily cover every case and fail to use common sense in employing them, and in applying them to a particular case. 41. Neglect to provide adequate protection for the client against the filing of mechanic's liens in any construction contract which the architect prepares. 42. Assume the responsibility of preparing the contract between the client and the contractor where the former is in a position to have it passed on by his own attorney. 43. Forget that the architect is himself entitled to a lien for the amount of his fee or allow the statutory time for the filing of the lien to expire, without action, when the payment of the fee is doubtful. 44. Attempt to prepare and file the notice of lien without legal advice. 45. Proceed with any job where the owner insists on giving orders to the contractor over the head of the architect. 46. Issue certificates, unless some one with proper accounting knowledge and training, passes upon them and verifies their correctness. 47. Arbitrarily refuse to issue a certificate without a proper basis for his action, and under circumstances which may expose him to a claim for damages on the part of the contractor. 48. Write letters thoughtlessly or without a proper understanding of their import. 49. Fail to confirm points of importance by letters or memoranda, properly prepared under competent advice. While the foregoing summarization is made up of suggestions in the negative, the final thought that I would leave in the mind of the architect is a positive one. Paradoxical as it may seem, its observance will result in the observance of substantially all of the "Don'ts" which I have listed. This positive thought is that which was one of the keynotes of the opening chapter-"Be Definite." The architect who is definite in the practice of his profession-definite in his dealings with his client, with the general contractor, with the sub-contractors and with the materialmen-whatever the difficulties which may confront him, will have the comforting knowledge that his record is clear and that his practice is based upon a rational and firm foundation. |