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PART II. THE ARCHITECT AND THE BUILDER.

CHAPTER XV. - The Contract. Relation Between Owner and Builder

Fixed by the Contract. Written, Oral and Implied Contracts. - Written

Contracts. - Contracts for Employment. — Implied Contracts. ... Page 180

CHAPTER XVI. - FORMAL CONTRACTS. Proposal and Acceptance.

How Soon Proposal Must be Accepted. — Acceptance by Letter. · Accept-

ance by Telegraph. Withdrawal of Offer. - Proposal Must be Accepted

as Made.

General Conditions. Contract by Acceptance. — Acceptance

by Architect for Owner. The Consideration. Sealed Contracts. Signa-

tures. Signature by One Party Only. — Party Signing is Bound. -

Informal Acceptance of Proposal. — Delivery of Contract... ...Page 183

CHAPTER XVII. — CONTRACTS WITH CORPORATIONS. — Difference Be-

tween Contracts with Corporations and Private Individuals. — Necessity

for Corporate Seal. — Unbalanced Bids. — Extras in Public Contracts.

Public Contracts Must be Made with Due Formality. — Corporation Can-

not Assume Contractor's Debts. - Public Corporation not Obliged to Carry

Out its Contract. — Liability of Individual Officials. .....

.Page 196

CHAPTER XVIII. – VERBAL AND WRITTEN CONTRACTS. Written Con-

tract Excludes Verbal Variations. — Draining Quicksand. The Responsi-

bility for the Failure of Legal Structures. Parol Testimony Admissible to

Supply Deficiencies in Written Contracts...

Page 208

CHAPTER XIX. - THE STATUTE OF FRAUDS AND LIMITATIONS.

Statute of Frauds of Maine. Agreement not to be Performed Within a

Year. — Sunday Contracts..

Page 214

CHAPTER XX. — MISREPRESENTATION OR MISTAKE. — Fraudulent Con-

tract not Binding. Contractor Should Give Notice on Discovering Mistake.

- Contract May not be Entirely Vitiated by Fraud....

..Page 218

CHAPTER XXI. - The RightS OF THE LOWEST BIDDER. - The Lowest

Bidder not Necessarily Entitled to Contract. The “Lowest Responsible

Bidder.” — The Pittsburgh Water Mains. A Bid Less than the Reasonable

Cost. — Character of Bidder May be Considered. — Bidders Must Comply

with Conditions. Fraudulent Bidding Dangerous. Bidders not Entitled

to Compensation..

Page 221

CHAPTER XXII. – THE INTERPRETATION OF CONTRACTS. Entire and

Divisible Contracts. Payment on Entire Contract not Due Until Work is

Completed. — Provision for Interim Payments does not Affect Entirety of

Contract. Divisibility of Contracts According to their Stipulations. —

Wilful or Careless Departures from Contracts. What Deviations are Un-

intentional and Inadvertent. — The Courts on Local Customs. Plasterers'

Measurement. “ Commencement." -" Erection." “ As Directed.”

Earth Excavation. — “ Not Less.” — Wbat is Implied in Regard to Ma-

terials. Sand. - Old Materials. - Natural Bed. — “More or Less."

“ Plastering.” Quantities. Specifications Hereto Annexed.”. War-

ranty of Roof.
- Orders. Sub-contractors..

. Page 228
CHAPTER XXIII. — How CONTRACTS MAY BE MODIFIED. — Agreement

or Waiver. — Supplementary Agreements. Changes in Contracts with

Corporations. — Contracts Under Seal. — Implied Agreements for Changes.

- Extra Work in Emergencies. Verbal Orders for Extras.

Waiver by

Implication. Responsibility for Variations. — Price for Extra Work.

Deductions from Contract. - The Contractor's Position Where Work is

Abandoned ....

.Page 278

CHAPTER XXIV. - - THE ABANDONMENT OF CONTRACTS. Death of

Contractor. Death of Owner. Forfeited Contract May be Reinstated....

..... Page 296

CHAPTER XXV. - COMPLETION, ACCEPTANCE, DELAY AND FORFEITURE.

- Occupancy does not Imply Acceptance. — Damages for Delay. - Actual

Damage Only Can be Recovered. Forfeitures and Liquidaterl Damages.

Contract not Broken by Delay, if Builder Pays Penalty. - Waiver of One

Stipulation of a Contract Does not Affect the Others. Delay by Others'

Fault. — Premiums.

Page 311

CHAPTER XXVI. - - Risk AND RESPONSIBILITY. A Wall as a Wild

Animal......

... Page 331

CHAPTER XXVII. Forms OF CONTRACT. — - Digests of Mechanics' Lien

Laws Unreliable. — General Conditions. — Transportation to be Paid for by
Contractor. — Consent to Sub-letting. - Dismissal of Careless Workmen.
Contractor's Warranty. — Compliance with Local Regulations. — Responsi-
bility for Care of. Building. Successive Dates for Completion. — The
Formal Contract. — 'The Enforcement of Contracts. The Difference Be.
tween Building a House, and Performing Work Shown on Drawings. — The
Satisfaction of the Architect. The Architect's Agency for the Owner. -
Objections to Arbitration Clause. — Uncertainty in Contracts to be Avoided.

The Right to Order Alterations. — Verbal Orders of the Architect.

How to Guard Owners Against Employer's Liability. — Insurance Clause in

Contracts. Three Forms of Contract: First Form, Second Form, Thiril

Form..

.... Page 344

ABBREVIATIONS.

A. & E., Adolphus & Ellis' Reports, King's, C. E. Gr., C. E. Green, New Jersey Equity Bench.

Reports. A. R. (Ontario), Appeal Reports, Ontario. C. & P., (Car. & Payne), Carrington & Abb. Pr., Abbot's Practice Reports, New Payne's Nisi Prius Reports. York.

C. P. (Upper Canada), Common Pleas Aiken, Aiken's Vermont Reports.

Reports, Upper Canada. Ala., Alabama Reports.

C. P. D., Common Pleas Division, Eng. Ala. N. S., Alabama Reports, New Series. Law Reports. Alb. L. J., Albany Law Journal.

Cal., California Reports. Allen, Allen's Reports, Massachusetts. Camp., Campbell's Nisi Prius Reports. Alleyne Alleyne's Select Cases, King's Cent. Rep., Central Reporter. Bench.

Col., Colorado Reports. App. Cas., Appeal Cases.

Cono., Connecticui Reports. Ark., Arkansas Reports.

Const., Constitutional Reports, South

Carolina. B. & Ald., Barnewall & Alderson's Reports, Cranch, Cranch's Reports, U. S. Supreme King's Bench.

Court. B. & S., Best & Smith's Reports, Queen's Co. of Cl., Court of Claims Reports, U. S. Bench.

Cush., Cushing's Reports, Massachuselts. Barb., Barbour's Supreme Court Reports, New York.

D. C., District of Columbia Reports.
Beav., Beavan's Reports, Chancery Cases. Dalloz, Dalloz' Jurisprudence Générale.
Bing., Bingham's Report, Common Pleas. Daly, Daly's Reports, New York Common
Bosw., Bosworth’s Reports, New York Pleas.
Superior Court.

Dana, Dana's Reports, Kentucky.
Bradw., Bradwell's Reports, Appellate Del., Delaware Reports.
Courts, Illino s.

Del. Ch., Delaware Chancery Reports. Bush, Bush's Reports, Kentucky.

Denio, Denio's Reports, New York.

Dill., Dillon's U.S. Circuit Court Reports. C. B., Common Bench Reports, Common Duer, Duer's Reports, New York Superior Pleas.

Court. C. B. N. S., Common Bench Reports, New Dutch., Dutcher's New Jersey Law Re. Series, Common Pleas.

ports. C. C. (Ohio), Olio Circuit Court Reports. Duvall, Duvall's Reports, Kentucky.

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