ing defendants in the above entitled action, that is to say, against the names of the defendants, B.... and C..... NOTICE TO OWNER OF CLAIM (Under New Jersey Practice) TO RICHARD ROE: YOU ARE HEREBY NOTIFIED by the undersigned, that A. B., the contractor with whom you have contracted for the erection of the building and dwelling hereinafter referred to, is justly indebted to me, the undersigned, in the sum of ...... Dollars, for work done and labor performed by me at his request, in erecting and constructing, and for materials furnished by me at his request and used in the erection and construction of, the certain three-story stone and frame residence and dwelling house owned by you, situate, lying and being at the Northeast corner of ...... Street and ...... Avenue, in the City of ......, County of ...... and State of New Jersey, and situate and erected upon the property at said location, which is more particularly bounded and described as follows, to wit: (take in description of property, preferably by metes and bounds), which said residence and dwelling house is mentioned and referred to and described in a certain contract in writing heretofore made and entered into between you and said A. B. and heretofore, and on or about the ...... day of 1914, filed in the office of the Clerk of said County of State of New Jersey, and ....... YOU ARE HEREBY FURTHER NOTIFIED, that I, the undersigned have demanded from the said A. B. payment of the said sum of ..... Dollars so due and owing to me as aforesaid and that he, the said A. B. has failed and refused to make payment of the same or any part thereof; and I DO HEREBY, THEREFORE, NOTIFY AND REQUIRE you to retain the amount of money so due to and claimed by me out of the amount owing by, or due from, you to the said A. B. and, upon your being satisfied of the correctness of my demand, to pay the said sum of ...... Dollars, thereupon and forthwith, to me. Dated, .... New Jersey, July 1st, 1914. (Signed) JOHN DOE. ACCEPTANCE GENERAL INDEX References Are to Sections of commissions by architect, 4. of plans, as affecting architect's compensation, 26, 27. ACTION for neglect against architect-burden of proof, 44. ADMISSION of architects to practice, 3. AGENCY of architect (see also Architect, Emergency, Extras, Super- AGREEMENT between architect and builder,-where improper, 4. of contract terms. by architect, 9-11. by owner as affecting architect's agency, 13. Institute of Architects, schedule of, as proof of value of Institute of Architects-Standard Documents of (see also APPROVAL of architect, as affecting lien of subcontractor, 95. of architect,-lien action as affected by unreasonable withhold- ing of, 95. of City Department as condition precedent to maintenance of of architect,-unreasonable withholding of, as ground for ARBITRATION provision re certificates as affected by covenant for, 55. ARBITRATOR architect as, 49, 65, 66. power of architect to delegate to partner authority as, 14, 15. relation in general between owner and, I. obligations to public of, 1, 3, 39. right of, to plead privilege, 2. ARCHITECT-continued [References Are to Sections.] disclosure of employer's intentions by, 2. liability for, 2. confidential and trust relations of owner and, 1, 3, 14. good faith required of, 3, 114. requirements for admission of, to practice, 3. to have no concealed or conflicting interest in contract, 4. agreements between builder and, 4. effect of, 4. acceptance of commissions by, 4. employment by contractor of, 4. effect of, 4. in dual capacity of architect and contractor, 4. agency of, importance of, 7. express and implied agency of, 8. agency of,-re extras, 9, 54. as general agent of owner, 9, 10, 11, 54. agency of, as limited by contract terms, 9, 10, II, 54. ratification of changes by owner as affecting, 13. power of, to employ or substitute new contractor, II. right of, to receive notice of assignment of contract, II. general agency of—as enlarged by special agency, 12. must exercise special agency with care, 12. strict construction of special agency of, 12. delegation of powers in general by, 14. delegation of authority as arbitrator to partner by, 15. delegation of authority of, by consent, 15. care required in delegation of authority by, 16. power of, to act in emergency, 17. dangers of implied authority of, 18. importance of caution in exercise of agency authority by, 19. precautionary suggestions re agency of, 19. important to understand right of, to compensation, 20. theories of recovery of compensation by, 21. ARCHITECT-continued [References Are to Sections.] ment, 22. right of, to compensation for plans, as affected by conditions right of, to compensation, as affected by conditions re cost of estimate of cost by, 24, 25. compensation of, as dependent upon delivery and acceptance of plans, 26, 27. not provable by custom alone, 28, 29. as dependent on actual contract, 28, 29. in competitions, 30. as dependent on proof of care and skill, 31. as affected by modification of contract, 32. as affected by rescission of contract by owner, 33-36. for preliminary sketches, 33, 38. computation of value of services, 37. as affected by variance between preliminary sketches and charge schedule of American Institute of Architects, as proof duties of owner to, 38. general suggestions and rules re compensation of, 38. skill required of, in general, 39. compensation of, as affected by defects in plans, 40. liability of, for defects in plans, 40. for mistakes and negligence re plans, 41-45. for defects in plans, as affected by compliance with plans, 43, 44. for expense of repairs, 45. for improper superintendence, 46. burden of proof in action for damages for defects in plans and specifications, 44. care required of, in superintendence, 46. measure of care and diligence in superintendence required of, 46. negligence of, a question of fact, 47. burden of proof in action to recover damages for negligence of, 48. as arbitrator, 49, 65, 66. duties to owner of, in issuance of certificates, 50. care and diligence required in issuance of certificates by, 50. as affecting provision requiring certificate, 66. right to plans as between owner and, 52. right to plans as between builder and, 115. right of builder to compensation, as affected by estimates of, |