Architect, Owner and Builder Before the Law: 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
Macmillan, 1894 - 387 páginas
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accepted according action actual additional agreed agreement allowed amount appears architect authority binding bound brought builder building carried caused certain certificate changes charge claim completion condition considered construction contract price contractor cost Court held damages decided decision defects defendant delay direction drawings duty employed entitled erection estimate evidence express extra fact final finished follows fraud furnished give given ground held important intended interest judge jury less manner Mass materials matter Michigan necessary obliged offered opinion original owner paid parties payment performed person plaintiff plans present principle promise proper proposal proved question reasonable received recover refused regard Reports responsible rule saying seems shown signed Smith specifications statute stipulations sued suit superintendent Supreme Court tion tract unless usually walls writing written York
Página 338 - 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.
Página 362 - Arbitrators, one to be appointed by each of the parties to this contract, and the third by the two thus chosen ; the decision Form I. 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.
Página 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
Página 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...
Página 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...
Página 366 - ... -will pay to the said party of the second part the sum of...
Página 363 - ... 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...
Página 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.
Página 364 - If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee.
Página 363 - ... of the Contractor, then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid ; but no such allowance shall be made unless a claim therefor is presented in writing to the Architects within twenty-four hours of the occurrence of such delay.