This section is from the book "Cyclopedia Of Architecture, Carpentry, And Building", by James C. et al. Also available from Amazon: Cyclopedia Of Architecture, Carpentry And Building.
1. Supposing an architect and his client have bargained for the making of plans alone. The owner then writes to the architect offering to pay $250 for plans such as have been discussed. The architect writes a note saying, "I will accept your offer and will make the plans mentioned for $250". This note the architect gives to his office boy, who, however, never delivers it. The architect, in ignorance of the boy's neglect, makes the plans, and offers them to his client four months later The owner refuses to take them or pay for them. Was there any contract on which the architect can recover?
2. An architectural student, twenty years of age, says to A: "When I begin to practice my profession I will make plans for the house you propose to build, and will superintend the construction of it. I will charge you $1,000 for the entire work". Eighteen months later, he begins to practice, and A asks him to carry out his agreement, which he refuses to do. Has A any remedy '.
3. Supposing it is orally agreed between A. a real estate speculator, and B, an architect, that B shall give his entire time to A in designing and superintending the construction of houses for the period of three years for a salary of $2,000 a year. After 6 months of work by B, A refuses to continue the contract or to pay for the work already done. Has B any legal remedy; and if so, to what extent?
4. A, the owner of a house, orally agrees with B, an architect, that on a day two months distant, B shall deliver to A certain plans for alterations of A's house, that A shall thereupon pay $500 for the plans; and that thereafter B shall superintend the alterations, which are to be finished within ten months from the date of making the contract, and shall be paid at a fixed rate for his time. On the date agreed, B, although he has not finished the plans, demands the payment of the agreed sum. This is refused, and he brings suit for it. Can he recover?
5. A, the agent for certain building material, comes to B, a contractor who is building a block on his own account, and asks B to purchase some of his building material for the block, representing that it is fireproof, and will not change color with exposure. B, believing A's representations, makes a contract for a certain amount of the material. Before the material is delivered, B makes experiments and finds that the material is not fireproof, and that it does change color with exposure. What course should he pursue?
6. A and B make an agreement for the construction of a building, the contract price being agreed upon as $5,000. The contract is reduced to writing, and after signing it B finds that the price was inserted as $5,500. He asks A to agree to change the amount to conform to their understanding, and A refuses. What course should B pursue?
7. An architect is called upon to superintend the construction of a building, which is already in course of election. He finds that X has orally agreed to guarantee the fulfilment of the contract by the builder, and to be responsible to A, the owner, for any default in the performance of the builder's contract. The architect is also asked to make extensive changes in the plans, agreed to by the builder. "What course might the architect recommend in order to enable A to hold X responsible as surety '.
8. If an architect is offered a rebate for his own benefit on the selling price of building material to be used in a client's house, what should he do?
9. A directs his architect to find out the best terms upon which tiles can be bought. The architect secures informal bids, and says to the lowest bidder that he represents A in the matter, and that as agent of A he will take a certain quantity of the tiles at the price named. A refuses to accept the tiles. Has the seller any remedy (a) against A? (b) against the architect?
10. Supposing that A, in the last question, had directed the architect to make a contract in Lis behalf for a certain quantity of the tiles upon the best terms obtainable, and that the architect had made a contract, and had ordered the tiles delivered to the owner, without stating that he was acting for the owner. After the tiles had been delivered and used, could the seller recover the price (a) from the architect? (b) from the owner?
11. Would a provision in a contract that no suit should be brought thereon, but that all disputes should be settled by referees, be valid?
12. A contract provides that work is to be completed within ninety days, and that for every day of delay after that period a certain sum shall be paid. How test the validity of this clause?
13. An architect sends a draftsman in his office, who has a sufficient architectural training, to inspect a building in the course of construction, and having heard the draftsman"s report, gives a certificate, upon which, in accordance with the building contract, the owner makes a payment. It later appears that the draftsman overlooked obvious defects in the work. The contractor fails, and owing to these defects a part of the work has to be done over, causing the owner a loss. Is the architect liable for this loss '.
DREAMWOLD," THE FARM OF THOMAS W. LAWSON, ESQ., SCITUATE, MASS.
Coolidge & Carlson, Architects, Boston, Mass. For plan, see next succeeding plate.