These laws are of importance to owners inasmuch as they render their property liable for the debts of the contractors, since an unpaid workman, hired by the contractor, can secure his wages through his lien on the building. It is therefore common in building contracts to guard against loss on this score by a ion that the last payment shall be made only after the lapse of a certain time after the completion of the work. The period named corresponds with the limit of time for claiming liens, Workmen and sub-contractors are usually very familiar with the law in the details in which it immediately affects their rights, and commonly conduct themselves in their work, in cases in which trouble is ticipated, with a view to helping their legal remedies. Thus it will be found that sub-contractors very frequently prolong their work on one pretext and another, in the hope of extending the time within which liens may be secured. The legal means necessary to establish these liens cannot be stated here. The services of a lawyer are necessary, as in instituting any other legal proceeding. Bankruptcy and Insolvency. The statute law provides a method by which a person can, by giving up all his property and otherwise fulfilling the terms of the law, escape further liability upon ordinary debts. State laws upon this subject are called In solvency Acts, and are all superseded by an Act of Congress on the subject, the latter being known as a Bankruptcy Act. At present a Bankruptcy Act is in effect. An adjudication of bank ruptcy or insolvency may take place upon the petition of a debtor or of his creditors, and thereafter all the property of the debtor is vested by order of court or otherwise in sonic person appointed by the court usually called an assignee or trustee. By this transfer of property any assignable contract would pass to such trustee or assignee. If the contract is not assignable, it would not pass, but in that case the original contractor, stripped of property and of credit, is not a desirable person with whom to continue relations. For these reasons it is well, as has already been said, to introduce a clause into building contracts that the insolvency or bankruptcy of the builder or owner shall release the other party from further performance.
One who is a creditor of an insolvent has to prove his claim before the court in a formal manner. If one has a large claim against such a person, it is sometimes best to secure counsel, as fraudulent practices, intended to deprive creditors of their clues, are not uncommon.
awarded only after competition, and certain notice given, so that if the requirements are not complied with, such a contract will not be valid. In many places the building laws will be found to be collected and printed together; inquiry at a city hall for such a compilation is advisable. In other places it may be necessary to seek out the laws on these matters from general compilations. It is a familiar maxim that ignorance of the law is no excuse for breach of it. Moreover it will be seen later that a person employ ing an architect has a right to rely on the architect's knowledge of building regulations; so that the latter will be liable to his em ployer if through his ignorance the laws are infringed and the employer suffers. Service in the office of an architect of estab lished practice has the advantage that many points of information of this sort, which it may be difficult to obtain become familiar to the student.
Torts. Torts are a large class of wrongs arising not in a breach of a 'contractual duty owed by one person to another, but in the breach of a duty which the law imposes upon one member of society for the benefit of others. Thus a man owes a duty to use duo care to avoid injury to any one of his fellows with whom he is brought into contact. The commoner torts are familiar to everyone—trespass, assault, battery, and actions for negligence. A few not so commonly understood may be mentioned here.
If A makes to B a statemen t knowing it to he false, in tending to lead B to act upe t it. and B does act upon it to his damage, A is liable. This is calleu deceit. It is not uncommon that such statements are made to induce a person to enter into some relation or contract. The fraud may then, as has been seen. afford ground for treating the contract as void; it may also give rise to an action for deceit.
The law imposes various duties upon landowners to keep their premises in safe condition for persons using it in the regular course of business. The duty need not be considered here further than to say that if an architect so designs a building as to render it dangerous to persons in the uses contemplated for it, he may cause the owner to be liable for ensuing damage. For this loss to the owner it will be seen later the architect might be legally re sponsible.
There is one liability of an extraordinary sort which may occasionally affect a landlord. Ordinarily if a man's use of his land causes damage to another the landowner is liable only if his negligence contributed to the damage. But if a man builds a peculiarly dangerous structure on his land, then he may be liable for any damage it causes, although he is guilty of no negligence, and although the damage would not have occurred but for some natural catastrophe, as a flood or tornado. So a man building a reservoir on his land has been held liable for damage caused by its bursting in lime of flood; and the doctrine might be extended to cover a variety of unusual or essentially dangerous structures, thus necessitating extraordinary care in construction.