Architect, Owner and Builder Before the Law: A Summary of American and English Decisions on the Principal Questions Relating to Building and to the Employment of Architects ... Including Also Practical Suggestions in Regard to the Drawing of Building Contracts ... |
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Page 29
... directions and protests . " The evidence on these points was conflicting . The judge of the inferior court , at the instance of the counsel for the plain- tiff , gave to the jury the following instruction : What are Reasonable Skill and ...
... directions and protests . " The evidence on these points was conflicting . The judge of the inferior court , at the instance of the counsel for the plain- tiff , gave to the jury the following instruction : What are Reasonable Skill and ...
Page 31
... directions to " have it remedied ; that he should see the bottom of the exca- " vations before the foundations are put in , but that the number " of visits to the building , and the times of making them , are " left to his judgment ...
... directions to " have it remedied ; that he should see the bottom of the exca- " vations before the foundations are put in , but that the number " of visits to the building , and the times of making them , are " left to his judgment ...
Page 32
... direction of the archi- " tect , but that it is not usual to employ such overseer on such " buildings as those in question in this suit . " The Appellate Court said that , the nature and extent of the architect's duties being in ...
... direction of the archi- " tect , but that it is not usual to employ such overseer on such " buildings as those in question in this suit . " The Appellate Court said that , the nature and extent of the architect's duties being in ...
Page 42
... direction " of the plaintiff , the architect , to be testified by a writing or " certificate under his seal . These are significant words , " gentlemen , and , doubtless , you will not lose sight of them . " The duty of the plaintiff ...
... direction " of the plaintiff , the architect , to be testified by a writing or " certificate under his seal . These are significant words , " gentlemen , and , doubtless , you will not lose sight of them . " The duty of the plaintiff ...
Page 57
... direction they work . The French law , although nominally very oppressive toward architects , has really come to coincide closely with the modern New York and Wisconsin jurisprudence . The Code Civil , Article 1792 , says , " If the ...
... direction they work . The French law , although nominally very oppressive toward architects , has really come to coincide closely with the modern New York and Wisconsin jurisprudence . The Code Civil , Article 1792 , says , " If the ...
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Architect, Owner and Builder Before the Law: A Summary of American and ... Theodore Minot Clark No preview available - 2017 |
Architect, Owner and Builder Before the Law: A Summary of American and ... Theodore Minot Clark No preview available - 2018 |
Common terms and phrases
accepted according agreed agreement allowed amount appears archi architect assumpsit authority Barb bidder bills of quantities binding bound Bradw builder building contracts certificate charge claim clause client Commissioners completion construction contract price cost damages decided decision deduction defects defendant delay Denio duty employed employer entitled to recover erection estimate evidence extra fault finished fraud furnished given ground Iaege Illinois judge jury liable lien liquidated damages Mass Massachusetts materials matter mechanic's lien ment Minn Missouri Moutier necessary negligence original contract owner paid parties payment Penn performed person plaintiff plans and specifications principal contractor principle promise quantum meruit reasonable refused to pay regard responsible rule saying signed Smith statute Statute of Frauds stipulations sub-contractor sued suit superintendent Supreme Court held tect tion tract tractor unless Upper Canada verbal waive waiver walls Wend West Brookfield written contract York
Popular passages
Page 340 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 368 - ... to pay to the said party of the second part the sum of in payments as follows : and the balance days after the said work shall have been Form 11.
Page 364 - Arbitrators, one to be appointed by each of the parties to this contract ; and the third by the two thus Chosen ; the decision of any two of whom shall be final and binding, and each of the parties hereto shall pay one-half of the expenses of such reference.
Page 369 - Contract, the amount of such increase or reduction shall be added to or deducted from the Contract Price as the case may be...
Page 56 - ... tor in the doing of the work in question. There was a same" ness of responsibility only when the negligence of the " contractor was such as to be discoverable by the exercise of " reasonable care and skill on the part of the architect ; for the " effects of negligence beyond this measure, the contractor alone
Page 214 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 214 - ... from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 96 - A libel is a malicious publication, expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 365 - ... the expense incurred by the Owner., in finishing the work, such excess shall be paid by the Owner., to the Contractor..; but if such expense shall exceed such unpaid balance, the Contractor. . shall pay the difference to the Owner. .. The expense incurred by the Owner., as herein provided...
Page 215 - No action may be brought upon any contract for the sale or other disposition of land or any interest in land, unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged or by some other person thereunto by him lawfully authorised.