Engineering and Architectural Jurisprudence: A Presentation of the Law of Construction for Engineers, Architects, Contractors, Builders, Public Officers, and Attorneys at Law

John Cassan Wait

J. Wiley & Sons, 1897 - Architects - 905 pages

Contents

• 11: xxxvii
• Provision that Contractor shall Furnish a Certificate of Register of Deeds that: lxii
• CONTENTS PART: 1
• The Introduction to a Coutiact: 2
• Designation of the Parties 5 Parties to the Contract 6 Only Parties to Contract are Bouud: 4
• Legal Representatives of the Parties: 7
• The Representatives afier Death or Changes Effeced by: 8
• Executor or Administrator Takes Beretits and Burdeus of Contract: 9
• Contracts for Personal Skill of Contractor: 10
• Executor Named in Contract: 11
• Executors Liability on Coutracts and for Torts of Purty: 12
• Assignec of Contractor or Owner: 13
• What Contracts and Claims are Assignable: 14
• Contracts Awarded to Lowest Bidder my be Assigned: 15
• What Interest does an Assignee Take: 16
• Third Parties Strangers aud Beneficiaries: 17
• Third PartySureties: 18
• Third Parties Sureties are Not Liable to Them: 19
• Surety Released by Unauthorized Changes in the Contract: 20
• Changes which will Not Release the Surety: 21
• Surety Discharged by Other Causes: 22
• Disabilities to which Persons are Subject: 23
• Infants: 24
• Imbeciles Inebriates and Lunatics: 25
• Married Women: 26
• Other Conditions Affecting a Persons Capacity to Contract: 27
• Either Party under Dures: 28
• AgencyParties Acting by or through their Agents: 29
• Principal should be Made ihe PartyIf Agent Assumes the ɔbligation He will be Liable: 30
• Proof of Agency: 31
• Names of Parties in Body of Contract should Correspond with Signatures: 32
• Agents Authority must come from His Principal: 37
• Charter and Statute Limitations: 43
• Subscribers to a Project: 49
• Provision that Work Sball be Carried On as Directed by the Eugineer: 51
• Precautions to be Taken by Coutractors with Regard to Parties and Their: 55
• As Regards Consideration: 61
• BECTION PAGE 72 There must Be a Lawful Subjectmatter The Promise must Be to Perform a Lawful Act: 65
• Contracts the Effect of Which Is to Influence Public Officers: 66
• The Consideration must Be Present: 67
• The Undertaking Must Not be Contrary to Federal or State Laws or in Dis regard of Police Regulations or City Ordinances: 68
• The Act must Not Be to Commit a Crime or a Misdemeanor or to lujure Others in the Enjoyment of Their Rights: 70
• The Undertaking must Not Have for its Object the Creation of a Monopoly: 71
• Contracts Not to Bid or Compete: 72
• Contracts that Promote Gambling: 73
• A Man Cannot by Contract Forfeit Certain Rights and Privileges the Protection of Wbich the Law Guarantees: 74
• 76? Coutructors Covenant Aguinst Liens does not Bur Materialmen aud Laborers: 76
• Immoral Contracts: 77
• CHAPTER IV: 79
• There should Be No Misunderstanding: 80
• To Avoid a Contract Mistake or Misunderstanding must be Showu Conclusively: 82
• 1tract: 83
• What Is an Offer ?: 84
• What Constitutes an Acceptance?: 85
• Contracts Made by Mail or Telegraph: 86
• Acceptance must Be Unconditional and in the Same Terms as the Offer: 87
• What Effects a Revocation of an Offer: 88
• CHAPTER V: 91
• Statute of FraudsContracts for the Sale of Goods Materials and Merchan dise: 92
• What is a Sufficient Memorandum of a Sale: 93
• Contracts to be Performed within One Year: 94
• Contracts Executed or Completed by Contractor: 95
• SECTION PAGE 106 Contracts for an Interest in Lands: 97
• Special Agreemenis Relatiug 19 Launds: 98
• Contracts for the Creation Assignment and Surrender of Estates in Laud: 99
• 1W 10 Construction Work: 100
• Statute of Limitations 112 Objects and Reasons for the Stallte: 102
• Disabilities that May Prevent the Operation of the StatutePersonal Dig abil ties: 103
• The Letter of the Law is Applied Strictly without Regard to Hardship or Mis fortime: 104
• Agreements to Waive the Protection of the Sialute: 105
• Injury Concealed by Frand so that Right of Action was Not Known: 106
• Bid Work Concealed When under Iuspection and Supervision of Engineer: 107
• Law of Contracts Proof of Terms of Coilateral Contract Parol or Verbal Agreements 122 Parol Evidence Not Admissible to Viry or Contradict a Writt...: 108
• When Parol Evidence will be Received: 110
• Parol Evidence to Expiain Obscure and Ambiguous Contracts: 112
• Parties may be Hell to the Construction They have Themselves Adopted: 113
• Witnesses cannot Testify as to the Meaning of a Contract: 114
• The Intention of Parties shoulıl Control: 115
• Independent Oral Agreements: 117
• Subsequent Promises Must be Founded upon a Consideration: 118
• PART II: 120
• The Advertisement or Notice to BiddersInvitation to Coutractors and Bu ld: 122
• The Form of Advertisement to be Adopted: 123
• As Regards the Arivertisement or General Notice to Bidders: 126
• Necessity for Restrictions and Regulations: 127
• ury Information 10 Bidders: 129
• There must Be Competition in Compliance with the Stilllte or Charter: 130
• Public Officers cannot Legalize nor Rutify Void Contracts: 131
• SECTIONS PACA 142 The Legislature May Ratify Cootracts: 132
• Labor Laws and Limitations must be Complied With: 134
• Form of Notice and lustructions: 136
• Bidders may be Required to Possess Ceriain Qualifications 138: 138
• Restrictious which Exclude Cerlaiu Persons from Bidding 148 There Must be No Cullusion or Other Efforts to Preveut Competition: 139
• 148a Possibility of the Law Beiug Used to Escape Onerous Contracts: 142
• What is Good Evidence of Fraud and Coilusion of Public Officers and Ser vants: 143
• Oath as to Truthfuluess of Statements: 144
• Propriety of Certain Requirements and Restrictions: 148
• There should be a Standard for Comparisou of Bids: 149
• The Bid should Contain neither More vor Less than is Called for by the Instruc Lions Plans and Specifications: 150
• Contracts Must be Strictly According to Terms of Advertisement Plans and: 152
• Right to Make Changes and Alterations Reserved: 156
• Works Whose Cost Exceeds a Certain Amount Within the Stutute Charter or Ordinance: 157
• What Work Comes Within the Statute: 158
• Slate or City to Furnish Certain Things at a Specified Price: 159
• Instances where Contracts have been Made for Things in which there Was a Monopoly: 160
• Conditions and Stipulations as to the Performance and Completion of the Work: 161
• Conditions and Stipulations as to Performance and Completion of the Work: 164
• Bond and Certified Check io Ivsure the Execution of the Contract and Surety for Failbful Performance and Completion of the Work: 167
• Proposal to be Accompanied by Consent of Sureties: 168
• Information to be Furnished and Conditions to be Imposed when Contract is Executed: 169
• Acceptance of Proposal and Execution of ContractRight to Reject Bids: 170
• Power to Determine Responsible Bidder is Discretionary: 171
• Discretion Must be Exercised in Good Faith: 172
• Bids Rejected but Reconsidered Without a New Advertisement: 173
• Whether Lowest Bidder can Compel an Award to Himself: 175
• Public Officer may be Enjoined from Illegally Awarding Contract: 176
• What Remedies a Bidder May Have: 177
• Liability of Public Officers for Acts Discretionary or Quasi JudicialMisdeeds in Awarding the Contract: 179
• Liabiliiy of Public Officers for Ministerial Acts: 180
• Bicis Cannot be Recalled: 181
• What Constitutes an Acceptance of the Proposal or an Award of the Contract: 182
• Bid to Furpish Materials: 185
• Form of Proposal for Public Work: 186
• CHAPTER VII: 192
• In Absence of Agreement or Pleilge Owner may Exercise his Own Preference: 193
• Implied Agreement to Rumuneraie Bidder for His Labor or to Award Con tract to Lowest Bidder: 194
• CHAPTER III: 196
• Auother form of Introduction: 197
• Contract may Consist of Two or More Written Instruments: 203
• Reference to Maps in Deeds and Other Forms of Conveyancing: 209
• Contractor to Execute a Release of All Claims or Demands before Fiual: 212
• CHAPTER IX: 230
• Coritractors Bund to Pay All Claims for Materials and Labor Furuished: 232
• SECTION PAGE: 236
• Provision for the Inspection and Rejection of Inferior Materials and Work: 242
• Provision that Contractor shall Not Assign or Sublet: 248
• Provision that Work shall be Carried On as Directed by Written Orders of: 252
• Recovery of Damages Stated may Depend Upou Whether It Is a Penalty: 258
• Matiers to be considered iu Determining the Amount of Liquidated Damages: 264
• Delay Occasioned by the Fault of the Owner: 270
• If Works Are in a State of Good Repair after a Certain Time Owner will: 276
• or Company: 280
• Work to be Doue to the Satisfaction and Approval of Engineer or Architect: 283
• Owners Liability Depends upon His Promise to Pay and Not upon the Execu tion of the Work: 284
• Act of Third Party as Engineer or Architect may be Made a Conditiou Pre cedent to Owners Liability: 285
• Constitutionality of the Stipulation: 286
• Liability may be Postponed until after the Determination of Certain Facts: 288
• Is the Agreement a Submission to Arbitration ?: 290
• Before the Award is Made Agreements to Submit 10 Arbitration are Re vocable: 291
• Either Party is Liable for a Breach of His Agreement to Submit to Arbitra tiou: 292
• Agreement to Submit to Arbitration is Irrevocable after Award is Made 29: 293
• Consideration of Objections 10 the Submission of Questions to Engineers or Architects Determination: 295
• Make Liability of Company or Owner Contingent on Determination of En gineer: 296
• Parties are Bound after Award is Made: 297
• Stipulation does Not Leave Decision of Important Questions to Incompetent Persons: 298
• Difficult Legal Questions do Arise Without Doubt: 299
• Practical Commonsense Reasons for Upholding Such a Stipulation: 300
• Interest of the Engineer an Objection to His Serving as an Umpire: 301
• No Definite Line of Separation of Coses for and agaiust Binding Effect of Engineers Decision: 303
• CHAPTER XIII: 305
• A Faulty Introduction: 306
• Powers are Confined to Those Expressly Couferred by the Contract: 307
• Employment or Agency of Engineer oi Architect Confers vo Special Powers mpon Him: 309
• Power to Supervise Direct the Work and Order Changes and Deermine all Questions does not Authorize Him to Do Anything Not Expressly Provide...: 310
• SECTION PAGE 376 Eogineer cannot Pledge His Employers Credit to Pay Subcontractors or Workmen: 311
• Ratification of Engineers Orders may be Imp ied from Acquiescence or Adop tion of Prior OrdersIuslauces: 312
• Eugineer capuot Change Contract and Specitications por Make New Terms: 313
• Engiveers Powers to Determine Quantities: 314
• Engineer must Act in Good Faith and Have Strict Regard for the Methods Prescribed in Contract: 315
• Engineers Power 10 Determine Quality Character and Classification: 317
• Eugineer cannot Make a New and Intermediate Classification: 318
• English and American Decisions Compared: 319
• Powers to Determine the Sufficiency and Skill with which Work is Per formed: 320
• Powers of Engineer or Architect may be Extended by Other Clauses so as to Permit Some Deviations from Plans and Specitications: 322
• Prior Proinise to Classify Work or Materials in a Certaiu Way Not Always Binding: 323
• Engineer to Determine the Value of Work and Materials: 324
• Engineer to Determine Questions in Regard to Additions Omissions and 393 Provision that Engineer shall Determine Every Question Arising Out of ...: 325
• Instances in which Engineers Decisions have been Held Not Biuding under a General ClauseExtra Work: 326
• Other Instances Not Covered by a Sweeping ClauseBreach by Either Party: 327
• 28: 329
• Many Cases Hold that Agreements for Changes and Alterations are Subject to Engineers Determination Same as for Work Under Contract: 330
• Engineers Power to Determine all Questions may Sometimes be Limited by Specializing: 332
• Engineer to Determine the Meaning and Iutention Expressed in the Specifica tion and Contract: 334
• Engineer should Not be Able to Enlarge_bis Own Powers: 335
• The Contract Creates the Powers of the Engineer or Architect: 336
• Can the Engineer Interpret the Coutract Wrongfully if He Interprets It Honestly?: 337
• Necessity and Propriety of Such Clauses: 338
• Objection that such a Clause Ousts Courts of Their Proper Jurisdiction Treated: 339
• May Make Payment or Any Right to an Action Conditioned on the Engineer Determining Any Differences Existing: 340
• Two Classes of Cases the Distinction bei weep them Well Marked and Defined: 341
• Payment by Owner Made Contingent on Engineers Certificate: 343
• Indebteduess should be Created by Promise Only and Not by Performance of Work: 344
• Courts Unwilling to Construe the Stipulation a Condition Precedent: 345
• Make the Engineers Certificate a Condition Precedent to the Promise to Puy by Owner: 346
• The Condition Precedent may be Waived: 347
• Payment of Contract Price is Conditional on Procuring Engineers Certificate It will Hold: 349
• Language that Makes a Condition Precedent: 351
• A Condition Precedent Must be Expressed It will Not be Implied: 353
• Right to Require Engineers Certificate may be Waived: 354
• RECOVERY BY CONTRACTOR WITHOUT PRODUCING ENGINEERS CERTIFICATE: 357
• 426a Difficulties Mei in an Action at Law: 364
• Mistake of Engineer in his Decision or Estimate an Element of Fraud: 370
• A Pure Mistake does not Render Award or Estimate Void but Subject: 376
• Performance of Condition Precedeut Prevented by Failure or Refusal: 383
• Iustances Showing when the Engineers Determinations bave been Upheld: 390
• SECTION PAGB 448 Provision that Certificates Inconsistent with Terms of Contract may be Rejected: 396
• Work lustead of Certificate is Rejecied when Engineer bas Goue Wrong: 397
• Elements of an Arbitration are Wanting when but Ove Party is Bound by Award: 398
• Some Reasons wby Stipulation should Not be Favored or Upheld Ever: 399
• The Clauses have Found Lillle Favor in the Goverument Departments in other Cities or with Other Corporations: 400
• Modified Forms of the New York Clauses Are in Use: 401
• Right to Revise Estimates or to Require Work to be Done According to Con truct though Certified ry Engineer: 402
• Provision that Inspectiou and Approvil shall Not Relieve Coutractor from His Liabiliy to Furnish Proper Work and Materials: 403
• Contractors Liability for Detective Work and Materials which have been Inspected Approved and Certified: 404
• Materials and Work Inspected and Approved by Inspectors: 405
• Defects Concealed by Fruud or Convivance: 406
• CHAPTER XVI: 408
• Its Form and What It should Contain: 409
• Certificate must be Made and Executed in Strict Conformity with the Re quirements of Contract: 410
• Certificate must be Ceriain as to Amount and It should be complete: 411
• Parties should Agree as to Form and Matter of Certificate: 412
• Certificate must Meet Requirements of Contract: 413
• Certificate Good in Part and in Part Bad: 414
• Certificate should be Final and Complete when Rendered: 415
• 4? Can Engineers Certificate be Revised or Corrected after It is Once Rendered: 416
• Rules as to Corr ciion of Awards by Arbitrators: 417
• SECTION PAO 485 Engineers Certificate Analagous to an Awara of an Arbitrator: 418
• An Engineer or Arbitrator can Do One of Three Things wher He bas Made a Mistake: 419
• If Certificate or Award be Regular and Engineer or Arbitratcr has Not been Misled it will Hold: 420
• Testimony of Arbitrator in Regard to his Award or Certificate: 421
• Provision that Engiveers Certificate Estimate and Decision may be Made Without Notice to the Contractor: 422
• Righi to a Hearing may be Waived by the Parties: 423
• Earlier Cases Treated Engineer as an Arbitrator avd Required a Hearing 42+ 496 In Many Cases an Engineer and Arbitrator are Distinguished: 425
• Intention of Parties in Regard to Hearing should be Expressed: 426
• CHAPTER XVII: 428
• Certain Acts may be Delegated: 429
• Certain Duties canuot be Delegated except by Express Agreement: 430
• The Engineer must Do Whatever the Contract Expressly Requires of Him: 431
• Contract Clause Permitting Delegation of Engineers Duties Omitted: 432
• Engineer Not Properly Designated: 433
• Delegation of Duties by Engineer as a Public Officer: 434
• CHAPTER XVIII: 435
• The American and English Courts Agree as to Interest an Engineer can Have in His Company: 436
• Moral Obligation of Engineer Forbids any Secret Interest: 438
• Provision that Contract may be Rescinded if the Engineer o Any Officer of the City or Company is Interested in the Contract: 439
• Profits Made by an Engineer or Agent in the Conduct of His Employers Busi ness Belong to the Employer: 443
• Conspiracy or Collusion Between Contractor and Engineer: 444
• Engineer should Be a Disinterested Person and the Agent of Neither Party: 445
• Company or Owner may Employ an Engineer Known to be Interested in the: 446
• Provision that Estimale and Decision of Engineer shali be Fival and: 447
• MATTERS OF DOUBT AND DISPUTE SUBMITTED TO ARBITRATION SECTION PAGE The Appointment of Arbitrators and an Umpire 519 Pr...: 448
• Certain Matters to be considered in a Subinission 10 Arbitratiou: 449
• What Questions may be Submitted to Arbitration: 450
• What Parties may Act as Arbitrators: 452
• Wbat Constitutes a Submission to Arbitration: 453
• A Submission to Arbitration should be Distinguished from an Appraisal: 454
• What Rules Govern the Arbitration: 455
• 28 Conduct of the Hearing: 456
• 29 Arbitrators must Determine Questions ThemselvesCannot Leave Them to Oihers: 457
• The Arbitrators must Act Together: 458
• Mailers Left to Two Arbitrators with Power to Cali iu an Umpire: 459
• The Award: 460
• CHAPTER XX: 462
• 37 Express Waiver of All Claims for Extra Work: 464
• Provision that Extra Work shall be ordered in Writing and the Price Deter mined: 465
• Provision that Contractor will Not Interfere with Other Contractors: 466
• Conditions Precedent to Liability must be Strictly Performed: 467
• An Unsigned Sketch or Plan is Not a Written Order: 468
• Want of Written Order may be Cured by Final Certificate if Certificate Par lakes of the Nature of an Award: 469
• English and American Practice Compared: 471
• Engineers Authority to Direct Alterations Additions or Omissions is: 472
• Authority to Order Extras except in the Manner Required by Contract 472 553 Without Special Authority the Engineer or Architect cannot Render H...: 473
• Who May Authorize Extra Work or Order Alterations on Behalf of the Parties: 475
• SECTION PAGE 556 Ordinances Resolutions and Appropriations cannot be Changed by Members of the Bodies Creating Them: 477
• Tlie Acts of Individual Members may be Ratified or Adopted by the Board: 478
• Engineers Authority to Order Extras may be Established by Implication Ratificatiou or Adoption: 479
• Liability for Extra Work may be Assumed by a New or Supplemental Agree ment: 482
• Simple Contracts and Those Under Seal may be Changed by Parol: 483
• The Agreement to Waive or Resciod should be Supported upou a Sufficient Consideration: 484
• The Owner City or Company may by Express Agreement on Its Part become Liable for Exira Work though Not Ordered in Writing: 486
• The Stipulation for a Written Order may be Wrived: 487
• Kuowledge of Owner that Contractor is Doiug Work as Extra Work a Strong Factor in Determining the Responsibility: 488
• If Amonnt of Work or Materials is Reduced by Changes: 490
• Effects of Alterations and Changes: 492
• Changes which Modify or Extinguish the Original Contract: 495
• Original Contract Rescinded or Reduced to a Parol Agreement: 496
• Alterations of Terms of Contract may Change Form of Action by Contractor: 497
• Effect of Change and Alterations ou Liability of Surety: 498
• Etfcct of Changes Ordered under al Clause Reserving ihe Right to Make Alter ations: 499
• Contractors Rights are Frequently Preserved by Notices on His Part: 503
• Contractor should Make His Claiin for Extras when the Addition or Alteration is Required: 504
• Contractor may be Held to the Terms Acquiesced In or Adopted: 505
• Owner may Waive his Rights by Remaining Silent and Not Objecting: 508
• Instances where Changes have been Made: 509
• Owners Liability for the Cost of Extra Work Caused by Circumstances Un foreseen and Uukuown: 511
• Alterations and Additions an Excuse for Delay in Completing Works: 513
• More Expensive Material Ordered and Furnished than the Contract Required: 514
• Provision that Estimates are Approximate Only and that Proprietors shall Not be Responsible for Inaccuracies: 516
• Preliminary Estimate of Work Incorrect: 517
• Extra Work Determined by Custom and Usnge: 518
• Provision that Engineer or Architect shall Have Power to Determine whether Work is or is Not Included in the Contract: 519
• Quantity Character and Value of Extra Work Left to Judgment of Engineer or Architect: 520
• Power 10 Decide Questions of Extra Work Does Not Imply Power to Deter mine Damages for Breach of Contract: 523
• Provisior that Questions and Doubts with Regard to Extras shall be Submit ted to Arbitration: 524
• Provision that Disputes as to Extra Work shall be Referred: 525
• Limits of Work Not Properly Detined: 526
• Estimates of Quantities of Work and Materials: 528
• CHAPTER XXI: 530
• Peculiar Effect of Custom and Usage: 531
• What may Constitute a Usage: 532
• Usage must be Certain and Uviform: 533
• Usage must be Generally known: 534
• Knowledge of Parties of Trade Usages and Customs: 536
• A Usage must be Moral: 538
• A Practice that Subverts Justice and Is Contrary to Good Morals Is Not a Usage: 540
• Wh v Usage will be Admitted to Explain ContractsIt cannot Contradict Express Terms of Contract: 542
• Usage can be Employed to Explain an Ambiguous Contract: 543
• There must be Ambiguity which Question the Court must Decide: 545
• Instances in Brickwork: 546
• Instances in Stonework: 548
• Instances in Plastering: 550
• Instances in Earth works Excavations and Embankments: 551
• Ownership of MaterialsEffect of Usage: 552
• Some General Examples of Usage: 553
• Custom of Whai Place Controls: 556
• Certain Words and Phrases Defined: 557
• CHAPTER XXII: 559
• Provision that Contractor shall Give and Serve All Notices: 560
• Provision that Contractors shall Ivdemnify Owners for All Claims Costs and Expense 636 Provision that Contractor shall Indemnify Owner and Save ...: 561
• A Man must Maintain His Property in a Reasonably Safe and Proper Manner: 568
• City Company or Owner Cannot Escape Liability by Delegating Duties to: 574
• The Relation of Independent Contractor is Not Determined by the Term: 581
• The Mode Method and Manver of Doing the Work niay be Prescribed in: 587
• Interpretation of Certain Contract Clauses: 594
• SECTION PAGE: 598
• Destruction of Works Does Nrt Excuse Failure to Complete by a Specified: 605
• Work Destroyed which was to be paid for as It Progressed: 611
• CHAPTER XXIV: 617
• Abusive Conduct of Owner may be a Just Cause for Abandonment by Con: 625
• Work only Partly Performed which was to be Completed for a Lump Sum: 631
• Contractor Fails to Perform His Rights and Liabilities: 636
• What will Be a Subsiantial Performance: 643
• Specific Performance of Contract: 649
• CHAPTER XXVI: 655
• Agreements that Owner may Terminnte Contract are Valid and Binding: 661
• 1: 692
• Contract: 693
• Provision that Contractor shall Protect Work and Premises from Lirus: 698
• Liens on Public Buildings: 704
• Provisiou that Progress Certificates shall Not Prejudice Right of Owner or City: 710
• What I or Is Not a Signature: 716
• PART IV: 722
• Dismissal or Discharge of an Employee: 724
• 25: 726
• Incompetence or Incapacity: 727
• Condonation of Employees Offense: 728
• Duty of Discharged Einployee to Seek Other Employment: 729
• No Recovery for Extra Work Unless so Agreed: 731
• un Employmeni of an Engineer or Archiiect ?This is Often a Difficult Question: 732
• What Is a Performance of a Contract of Service ?: 735
• Recovery for Services Rendered: 736
• CHAPTER XXIX: 739
• Incorporeal Property in Architectural and Evgineering DesignsCopyright and Patentright: 740
• Rights of a Purchaser to Incorporeal Creations: 743
• Rights of an Author Inventor or Designer when in the Emplos of Another: 744
• Things Made or Created Outside of Office Hours: 746
• Employees Right to His Inventions: 747
• What Is Invention and Who Is the Inventor ?: 748
• Instances of Invention between Eurployer and Employee: 750
• 1: 751
• That the Employee Possesses Skill is Implied from the Undertaking to Act: 752
• SECTION PAGE 830 Deterniipatiou of Skill Possessed or Want of Skill: 753
• Professional Man must Possess Ordinary Skill and Exercise Ordivary Care: 754
• Negligence on the Part of an Agent: 755
• Skill Required of Speciulists: 756
• Owner may Offset His Damages Against Sum Due Engineer or Architect for Services: 757
• Architect or Engineer must Give Such Careful Superintendence and Inspec tion as to Prevent the Contractor from Making Material Omissions and Va...: 758
• Engineer and Contractor or Architect and Builder Joiutly and Severally Lisible: 760
• Engineer and Architect are Liable to ibeir Employer and to Nobody Else: 762
• Liability for Acts of Assistauts: 763
• CHAPTER XXXI: 764
• Attempts have been Made to Discriminate between Judges in Court and Judi cial Officers: 765
• Engineer or Architect must Not Act Fraudulently: 767
• Engineer is Liable to His Employer when He may Not be Liable to Con tractor: 768
• Engineer or Architect may Owe a Double Dnty to His Employer viz as an Arbitrator and a Professional Man: 770
• 819a Engineers or Architects Knowledge Is the Employers Knowledge: 771
• e or Superior Officers 442: 773
• County Officers and Their Liability: 774
• State Employees Held Liable for Negligence 075: 775
• Public Officers and Their Liability upon Contracts Executed for the State: 776
• LAW OF CONTRACTS: 777
• Commissioners of Public Works and Their Liability: 779
• CHAPTER XXXIII: 783
• If Architect or Engineer Supervises and Directs Work He may Have a Lien in Some States: 784
• ror Architect must Not Act Fraudulently: 792
• of a Public Officer: 855
• Engineers Compensation: 902

Popular passages

Page 92 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.

Page 396 - And it is hereby expressly agreed and understood by and between the parties hereto that the said parties of the first part, their successors and assigns, shall not, nor shall any department or officer of the city of New York, be precluded or estopped by any return or certificate made or given by any engineer, inspector...

Page 608 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.

Page 717 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...

Page 191 - KNOW all Men by these Presents, That we, are held and firmly bound unto our...

Page 338 - Should any dispute arise respecting the true construction or meaning of the drawings or specifications, the same shall be decided by , and decision shall be final and conclusive...

Page 97 - ... or upon any agreement that is not to be performed within the space of one year 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, or some other person thereunto...

Page 581 - ... care of the person employed : but neither the principle of the rule, nor the rule itself, can apply to a case where the party sought to be charged does not stand in the character of employer to the party by whose negligent act the injury has been occasioned.

Page 187 - ... named has any interest in this proposal or in the contract proposed to be taken ; that...

Page 108 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...

Bibliographic information

• Title: Engineering and Architectural Jurisprudence: A Presentation of the Law of Construction for Engineers, Architects, Contractors, Builders, Public Officers, and Attorneys at Law; Making of modern law
• Author: John Cassan Wait
• Publisher: J. Wiley & Sons, 1897
• Original from: the University of Michigan
• Digitized: Oct 3, 2007
• Length: 905 pages