Relation of the Architect to the Owner. An architect, like any other professional inan, impliedly contracts with his employer that be has the ordinary skill, knowledge, and judgment possessed by men of his profession, and that he will use this skill, care and judgment in the interest of his employer, and will act with per fect honesty. If legal damage arises from defects in the plans or specifications which are the result of failure to exercise the re quired skill, knowledge, or judgment, the architect is liable to the owner for such damage. in a general way it may be said that this knowledge and skill required includes the knowledge and skill necessary to planning buildings or parts of buildings such as those planned by the architect, a knowledge of the qualities and strength of materials used in such buildings, the weight of the strnetures, the relationship of the various operations to be per formed by the many trades represented in building, and a knowl edge of all other matters directly related to drawing plans and specifications.
In addition to this knowledge of the fundamental laws of na ture, of materials. etc., an architect represents himself as possessed of a knowledge of the statutes, ordinances, and laws relating to buildings and to the erection of buildings of the place where the structure is to be located. It would semi, however, that he would not be charged with knowledge of the decisions of inspectors or referees in regard to points left indefinite by the statutes, ordi nances, or building laws of the particular locality, unless snclr de cisions are in the court or public records. The architect is like wise liable for his failure to use reasonable skill, etc., in any re spect in which he acts as agent for the owner. In an action to enforce such liability what constitutes reasonable care, skill, and judgment is a qnestion of fact for the jury to determine. -Unless it is specifically provided otherwise, the architect who undertakes to superintend a building is bound not only to furnish proper plans, but to see that the structure is at least reasonably well con structed, that the foundations are sufficiently deep and otherwise protected to prevent settling or cracking of the walls, that the contractors do not put in defective workmanship or materials, or wake material variations from the plans and specifications, such as a competent architect using the requisite care, skill, and atten tion would detect and prevent, or detect in time to have remedied. Where the architect has the duty merely of furnishing plans and specifications, such plans and specifications must be reason ably accurate and suitable. The architect does not guarantee that his work is perfect or that the building will be a success. he merely contracts that they will be as near perfect and successful as the average competent architect world make them.
The architect is held, in respect to loyalty to his employer, to the rules applicable to an agent. The impropriety of his having any secret financial interest in the work has been spoken of under the general laws of agency.
Inasmuch as the contract with the architect is for personal seri-ice demanding skill and judgment, the contract does not sur vive the architect but is terminated by his death. 'Therefore his executors or administrators are not liable for the failure to fulfill the contract caused by the architect's death.
Inasmuch as the architect performs a personal service, one demanding the exercise of special skill, judgment and discretion, he cannot, in the absence of special authority, delegate the per formance of such services to another because of the rule of law already stated. As this rule does not apply to the purely minis terial duties of an architect, such as measuring or draughting, these latter duties may be delegated even in the absence of express authority.
Architect as Agent for the Owner. The architect should be extremely careful that he has authority from the owner before as suming to bind him in any way. It is desirable to have such authority express and definite. In important matters, or with un reliable clients, written authority should be obtained. The mere fact that the building contract provides for some action by the architect as agent of the owner, may be evidence of authority from the owner to the architect to take such action on the owner's behalf, but is not conclusive evidence of such authority. In other words, if the action of the architect which is contemplated by the contract is action as agent of the owner, then the architect needs authority from the owner before taking such action, and the provision of the contract may not be enough to show such authority to have been granted. If, however, the action of the architect contemplated by the building contract is action in a quasi-judicial capacity, no au thority from the owner is necessary to empower the architect to take such action. Ilis action then derives its force not from the authority of the owner but directly from the contract itself. It is sometimes difficult, as has already been seen, to tell in just what capacity the architect acts in a given function, and considerable caution is necessary on his part not to assume an authority as agent which has not been granted, and so render himself liable without so intending. To illustrate a function of the architect often pro vided for by the contract, but requiring authority by the owner, we may take the matter of ordering extras or alterations, where such ordering is provided for by the contract between owner and con tractor.