RELATING TO THE CONSTRUCTION OF BUILDINGS THE LIABILITY AND RIGHTS OF ARCHITECTS, SURVEYORS WITH NOTES; AND AN APPENDIX OF FORMS OF PLEADINGS, BUILDING AGREEMENTS AND LEASES, BY EDWARD STANLEY ROSCOE, BARRISTER-AT-LAW, Honorary Associate of the Royal Institute of British Architects. BIBLIOTHEC AUC '80 BODLEIAN LONDON: REEVES AND TURNER, 100, CHANCERY LANE; CAREY STREET, & 196, STRAND, PREFATORY NOTE. THE following short Digest contains all the cases which have as yet been decided in regard to the erection of buildings. There are, of course, many decisions which affect building contracts, and the duties and rights of architects, which are not strictly what may be called building cases, although the legal principles contained in them are applicable to this subject. But in nearly all the decisions, which follow, some matter connected with building was directly involved. Any one, therefore, who is professionally interested in this subject, whether as lawyer, architect, or builder, will be able, within a small space, to find any point arising directly out of building operations, which has hitherto been decided after an argument in Court. And it is hoped that the notes which accompany the cases will help to make the legal points clear to business men who are not lawyers, and also to form the decisions into a slightly connected exposition of this branch of the law. It should be observed, that decisions arising out of the Metropolitan Building Acts and local statutes have not been inserted in this book; to have done so would have caused me to touch on ground already well occupied by previous works. In the Appendix will be found some precedents of pleadings on the points which most commonly are the subject of litigation when disputes unfortunately occur in relation to the construction of buildings. The Forms of Agreements and Leases which follow are of proved worth, for they are taken from Davidson's "Precedents in Conveyancing," the mere name of which is a sufficient recommendation to lawyers,—with the kindly granted permission of the author, and of Messrs. Maxwell & Sons, the publishers, to whom my thanks are therefore due. The first form of conditions of contract is that of the National Association of Master Builders of Great Britain. It shows, also, the form issued by the London Builders' Society, which is nearly identical. The second form of conditions is one drawn up by Mr. G. F. Trollope, Honorary President of the Central Association of Master Builders of London, and is the result of his own wide experience, and of the opinions of other skilled persons. From these two sets of conditions it should be possible to obtain provisions applicable to all ordinary building contracts. 4, HARCOURT BUILDINGS, TEMPLE. October, 1879. E. S. Roscoe. |