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A SUMMARY OF AMERICAN AND ENGLISH DECISIONS ON THE PRINCIPAL
QUESTIONS RELATING TO BUILDING, AND THE EMPLOYMENT OF

ARCHITECTS, WITH ABOUT EIGHT HUNDRED REFERENCES

INCLUDING ALSO

PRACTICAL SUGGESTIONS IN REGARD TO THE DRAWING OF BUILDING
CONTRACTS, AND FORMS OF CONTRACT SUITED TO

VARIOUS CIRCUMSTANCES

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PREFACE.

IT seems to be agreed among lawyers that no controversies, as a

rule, are tried before courts with so little satisfaction to the litigants and their counsel as building cases.

The lawyer finds them usually so technical as to require an amount of special study on his part quite disproportionate to their importance; while the parties to the controversy often suffer, or think they suffer, as much through what they regard as their counsel's inability to understand building matters as through what their counsel, with more reason, considers their own inexcusable ignorance and neglect of the legal principles relating to their business. These difficulties are, obviously, such as can be relieved, to a considerable extent, by means of a book presenting the most important decisions of the courts in building cases, with the principles on which the decisions are based. Such a book the author has endeavored to prepare; and, although the limitations of his legal learning have obliged him to quote, wherever possible, the actual words of judges, in statements of the law, instead of making assertions on his own authority, he has endeavored to make these quotations so comprehensive as to give the reader, whether lawyer or

layman, a more accurate idea of the judicial view of the various subjects than can usually be obtained from digests; and, by searching through hundreds, perhaps thousands, of volumes of reports, he has tried to collect everything of importance that American jurisprudence has to offer in regard to building cases.

As a result of this labor, the number of citations will be found very large ; but the author's experience has shown that counsel in building cases often find such references convenient, and he hopes that in this way, if in no other, his work may be found of use to a profession in which he counts many kind friends. Indeed, without their aid, and that of the officers of the Social Law Library of Boston, to whom he owes his sincerest thanks, this volume could hardly have been written; and, while they must not be charged with any responsibility for its failings, they should certainly have a share of the credit for whatever merit it may be found to possess.

22 CONGRESS STREET, Boston, Mass., August 1, 1894.

CONTENTS.

PART I. THE ARCHITECT AND THE OWNER.

CHAPTER I. – THE ARCHITECT AND THE Owner. — Why the Architect

Should Know Something of Law. – The Architect's Employment. Engage.
ment for Services which Cannot be Completed within a Year Must be in
Writing. — What May be Taken as a Signature. — Contract Through
Advertisement. Strict Adherence Necessary to Terms of Competition. -
A Contract by Advertisement is a Written Contract. — Revocation or Modi-
fication of Proposal by Advertisement. — Extension of Time. — Acceptance
Must be Clear. — Incompatible Conditions. – Terms of Choice of a Design.

- Volunteered Service. — The Value of Competitive Drawings........ Page

1

CHAPTER II. — TAE ARCHITECT'S DUTIES TO His EMPLOYER. — The

Architect's Position in Society. — The Skill and Care Required of Archi-
tects. - What are Reasonable Skill and Care. Architect's Duty to be
Ascertained by Evidence, not by Caprice of Jury. Not Architect's Duty
to Ascertain Accuracy of Work. Dissenting Opinion. — Architect Does
not Guarantee Perfection of Plan or Perfection of Building. — Relations of
Commissioners and Architect. Architect not to be Confounded with
Builder. – Two More New York Cases. What Does “ See to it” Mean?

- An Equerry as a Building Expert. Builder Alone Responsible for his
Own Misfeasance. - The A. I. A. Schedule in Court. — The Size of Boiler
Flues. — Architect not Insurer of Perfection of Work. Architect not a
Mere Watchman. — Negligence of Architect a Question of Fact, not of Law.

· The Measure of Damages for Negligence. — The Law in Iowa. — Compen-
sation Cannot be Recovered from Two Persons for the Same Injury. — The
Objection to the Law of Contributory Misfeasance. — The French Law of
Architects' Responsibility: — The Position of Architects in the Napoleonic
Period.

- Special French Distinctions. “ Solidarity” of Responsibility
Between Architect and Contractor....

..Page 28

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