(m) To give the Subcontractor an opportunity to be present and to submit evidence in any arbitration involving his rights. (n) To name as arbitrator under Article 45 of the General Conditions the person nominated by the Subcontractor, if the sole cause of dispute is the work, materials, rights or responsibilities of the Subcontractor; or, if of the Subcontractor and any other subcontractor jointly, to name as such arbitrator the person upon whom they agree. The Contractor and the Subcontractor agree that(0) In the matter of arbitration, their rights and obligations. and all procedure shall be analogous to those set forth in Article 45 of the General Conditions.

Nothing in this Article shall create any obligation on the part of the Owner to pay to or to see to the payment of any sums to any Subcontractor.

Art. 45. Arbitration.-Subject to the provisions of Article 10, all questions in dispute under this contract shall be submitted. to arbitration at the choice of either party to the dispute.

The general procedure shall conform to the laws of the State in which the work lies and wherever permitted by law the decision of the arbitrators may be filed in court to carry it into effect.

The demand for arbitration shall be filed in writing with the Architect, in the case of an appeal from his decision, within ten days of its receipt and in any other case within a reasonable time after cause thereof and in no case later than the time of final payment, except as to questions arising under Article 16. If the Architect fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing.

The parties may agree upon one arbitrator; otherwise there shall be three, one named in writing by each party, and the third chosen by these two arbitrators or, if they fail to select a third within ten days he shall be chosen by the presiding officer of the nearest Bar Association. Should the party demanding arbitration fail to name an arbitrator within ten days of his demand, his right to arbitration shall lapse. Should the other party fail to choose an arbitrator within such ten days, the Architect shall appoint such arbitrator. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to take ex parte proceedings.

The arbitrators shall act with promptness. The decision of any two shall be binding on all parties to the dispute. The decision of the arbitrators upon any question subject to arbitration under this contract shall be a condition precedent to any right of legal action.

The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense and trouble incident to the appeal and, if the appeal was taken without reasonable cause, damages for delay. The arbitrators shall fix their own compensation, unless otherwise provided by agreement and shall assess the costs and charges of the arbitration upon either or both parties.

The award of the arbitrators must be in writing and, if in writing, shall not be open to objection on account of the form of the proceedings or the award.

A. I. A. Document 99

V. PROFESSIONAL PRACTICE OF ARCHITECTS, AND SCHEDULE OF USUAL AND PROPER MINIMUM CHARGES

Adopted by The American Institute of Architects and Revised, 1908

1. The Architect's professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings, and of the general direction and supervision of the work, for which, except as hereinafter mentioned, the minimum charge, based upon the total cost of the work complete, is six per cent.

*

2. On residential work, alterations to existing buildings, monuments, furniture, decorative and cabinet work and landscape architecture, it is proper to make a higher charge than above indicated.

3. The Architect is entitled to compensation for articles purchased under his direction, even though not designed by him.

4. If an operation is conducted under separate contracts, rather than under a general contract, it is proper to charge a special fee in addition to the charges mentioned elsewhere in this schedule.

5. Where the Architect is not otherwise retained, consultation fees for professional advice are to be paid in proportion to the importance of the question involved and services rendered.

6. Where heating, ventilating, mechanical, structural, electrical and sanitary problems are of such a nature as to require the services of a specialist, the Owner is to pay for such services.

*The total cost is to be interpreted as the cost of all materials and labor necessary to complete the work, plus contractors' profits and expenses, as such cost would be if all materials were new and all labor fully paid, at market prices current when the work was ordered.

Chemical and mechanical tests and surveys, when required, are to be paid for by the Owner.

7. Necessary traveling expenses are to be paid by the Owner. 8. If, after a definite scheme has been approved, changes in drawings, specifications or other documents are required by the Owner; or if the Architect be put to extra labor or expense by the delinquency or insolvency of a contractor, the Architect shall be paid for such additional services and expense.

9. Payments to the Architect are due as his work progresses in the following order: Upon completion of the preliminary studies, one-fifth of the entire fee; upon completion of specifications and general working drawings (exclusive of details), two-fifths additional, the remainder being due from time to time in proportion to the amount of service rendered. Until an actual estimate is received, charges are based upon the proposed cost of the work and payments received are on account of the entire fee.

10. In case of the abandonment or suspension of the work, the basis of settlement is to be as follows: For preliminary studies, a fee in accordance with the character and magnitude of the work; for preliminary studies, specifications and general working drawings (exclusive of details), three-fifths of the fee for complete services.

11. The supervision of an Architect (as distinguished from the continuous personal superintendence which may be secured. by the employment of a clerk-of-the-works or superintendent of construction) means such inspection by the Architect or his deputy, of work in studios and shops or a building or other work in process of erection, completion or alteration, as he finds necessary to ascertain whether it is being executed in general conformity with his drawings and specifications or directions. has authority to reject any part of the work which does not so conform and to order its removal and reconstruction. He has authority to act in emergencies that may arise in the course of construction, to order necessary changes, and to define the intent and meaning of the drawings and specifications. On operations where a clerk-of-the-work or superintendent of construction is required, the Architect shall employ such assistance at the Owner's expense.

12. Drawings and specifications, as instruments of service, are the property of the Architect.

RESIDENCE OF W. W. WILLITS, HIGHLAND PARK, ILLINOIS Frank Lloyd Wright, Architect, Chicago, Illinois

AN ORDINANCE

ENTITLED

"THE BUILDING CODE OF THE CITY OF

CHAPTER I

ADMINISTRATION AND SUPERVISION

SECTION 1. The name and title of this ordinance shall be "THE BUILDING CODE," and it shall be known and cited as such.

SEC. 2. The Building Code is hereby declared to be a remedial ordinance and shall be liberally construed, so as to secure the beneficial interests and purposes intended, and shall apply to all parts of the City of

hereafter referred to as the "City."

SEC. 3. The object and scope of this ordinance are the governing and regulating of the construction and erection, remodeling, alteration, repairing, moving and removal, and securing of buildings of any description in the City, and providing for the safety of all present and future buildings, and the safe use of them, and providing for all other matters pertaining to buildings and building operations in said City.

SEC. 4. It shall be unlawful and subject to the penalties hereinafter provided for any person, persons, firm, or corporation to construct, erect, repair, alter, add to, move or remove any building or portion thereof, or to carry on any building operations in the City, except in compliance with the terms and provisions of this Code.

SEC. 5. The Building Department shall consist of a Building Commissioner, Board of Advisors, and such Deputies, Engineers, Clerks, and plan and field Inspectors as may be required to properly carry on the work of the Department.

¶The Building Commissioner shall be appointed by the Mayor to serve during the latter's administration or during good behavior. He must be a citizen in good standing; an architect, engineer, or master builder of at least ten years' experience as such, and his name must be submitted by