If the architect is to act as the agent of the owner in making the building contract, it is e)eciallj necessary to have his exact powers in the way of accepting or rejecting offers made clear. In advertising for bids, the right -should be reserved to reject any or all offers.
If the architect has power to make the building contract in behalf of his employer, he should use great caution not only in choosing a contractor but also in his dealing with the successful and the unsnecesstnl bidders to avoid legal complications. Having first wade it clear, by reserving the right to reject any or all offers, that he is merely asking for offers, and not himself making an offer to be accepted by the lowest bidder, it may be well to make his acceptance of the chosen offer conditional in some way accord ing to the circumstances. The acceptance may, for instance, be upon condition that a satisfactory contract be executed within a certain and provision may also be made for a Loud with sureties, to be furnished by the contractor for the fulfilment of the contract.
Where the architect is entrusted with the drawing of the con tract, he may find, in ordinary cases, that the Uniform Contract" is sufficient. In some cases, he may wish to modify this in many ways as his experience dictates. It is well for an architect to make notes on forms passing under his notice and on his experience with the various clauses of building contracts. The libraries will furnish books containing model agreements which will he found suggestive. The drawing of contracts for special cases is essentially a matter calling for judgment and experience. It is L erefore impossible to give any directions here beyond those which are sug gested in various parts of the article. In general, it is important in drawing a contract to consider carefully whether the words are so clear as to admit of only one interpretation. Clearness is best secured by making one carefully drawn statement of a point rather than by repetition in various forms of statement. It is to be con sidered whether general or specific words will best serve a purpose. By providing that a contractor shall furnish safe appliances the owner's interests will generally be better'served than by specifying the kind of appliances to be used. If the kind of appliance were specified, then the risk of its safety would be transferred to the owner. On the other hand where the object is to prescribe a cer tain material, that material should be so specifically described that no other will come within the description.
Attention may be called to the fact that a building could be built, and a contract drawn, on a very different plan from that of the "Uniform Contract ". For instance, instead of a contractor
in the ordinary way, a person could be employed to purchase sup plies and hire labor as the agent of the owner, receiving a salary or a lump sum for the work, and always subject to the owner's orders in every respect. Or the details of the " Uniform Con trract" may be much altered; for instance, the certificate of the architect may be placed on a very different footing, or a provision may require monthly instalments for extras. Many other possible changes will suggest themselves to the student.
In drawing a contract one should be careful to specify just what in the way of papers, plans and drawings, goes to make up the contract, and to identify and refer accurately to such papers. The provisions for interim payments should be so arranged as to assure the owner of having always a sufficient margin between the amount paid to the contractor and the value of materials and labor furnished, as a protection in case of difficulties which may result in an unexpected increase of expense in completing the work. Above all, do not blindly use printed forms, without reading and considering all printed portions, and filling in all necessary blanks. During the progress of the work it is necessary for the tractor's protection that the premises should be insured. wise, as the contract is clearly an entire contract, if the work should be destroyed, he would be unable to recover c•uinheusatiutt for the portion danui<,•ed. The contract" provides for insur ance by the owner in the names of owner and contractor.
During the progress of the work, care lutist be taken in mak ing changes in the contract to safeguard the interests of the and to leave the contract in ascertainable and proper shape. if the contractor is excused from a portion of the Nvork, it should Le clearly understood that an allowance is to be Made if the allowance can be fixed at the time, a source of possible future dispute will be avoided. Changes in the contract should be trade in writing. if not in the forte of a contract, at ]east in letters ex pressin,o the agreement of both parties. The common saying that '-Silence gives consent'', if relied upon, be productive of diliicnities.
An architect should have a regular system of bookkeeping which will enable hint at any time to show how tench labor of his own and of his office force has gone into any matter. Difficulties over fees cannot be foreseen. and the office system should provide for such contingencies by furnishing all the material needed for recovery on a q
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