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ing defendants in the above entitled action, that is to say, against the names of the defendants, B.... and C.....

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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.
and delivery distinguished, 27.

ACTION

for neglect against architect-burden of proof, 44.
by contractor, when premature, 69.

ADMISSION

of architects to practice, 3.

AGENCY

of architect (see also Architect, Emergency, Extras, Super-
intendence), 7–19, 46, 65–66.

AGREEMENT

between architect and builder,-where improper, 4.
ALTERATION

of contract terms.

by architect, 9-11.

by owner as affecting architect's agency, 13.
AMERICAN

Institute of Architects, schedule of, as proof of value of
services, 37.

Institute of Architects-Standard Documents of (see also
Appendix B), 72.

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
mechanic's lien, 96.

of architect,-unreasonable withholding of, as ground for
damages, 114.

ARBITRATION

provision re certificates as affected by covenant for, 55.
provision as affecting provision for liquidated damages, 70.
agreements, as usurping jurisdiction of courts, 72.

ARBITRATOR

architect as, 49, 65, 66.

power of architect to delegate to partner authority as, 14, 15.
ARCHITECT

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.
compensation of, as affected by pecuniary interest in con-
tract, 4.

agreements between builder and, 4.

effect of, 4.

acceptance of commissions by, 4.
loans by builder to, 4.

employment by contractor of, 4.

effect of, 4.

in dual capacity of architect and contractor, 4.
assumption of good faith of, 6.

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.
modification or change of contract terms by, 9-11.
agency of, as superintendent, 9-19, 46, 65-67.

ratification of changes by owner as affecting, 13.
limitations on general agency of, II.

power of, to employ or substitute new contractor, II.
certificate of, to comply with form specified, 11.
certificate of, as affecting right of builder to recover, 55.
unreasonable refusal to issue certificate by, 55, 114.
giving of certificates to subcontractors by, II.
right of, to certify extras strictly construed, 11.
not allowed to change materials or construction, II.
authority of, to supervise letting of subcontracts, II.
authority of, to employ workmen, 11.

right of, to receive notice of assignment of contract, II.
special agency of, 12.

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.]
right of, to recover for plans, in absence of special agree-

ment, 22.

right of, to compensation for plans, as affected by conditions
specified, 22, 23.

right of, to compensation, as affected by conditions re cost of
building, 24-25.

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
working drawings, 38.

charge schedule of American Institute of Architects, as proof
of value of services of, 37.

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.
death of, 51.

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,

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