Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-29
ARCHITECTS DUTIES
Relations With Clients as Ad-
visers and Designers.
MAKE ESTIMATES OF COST
Ownership of Drawings and Specih-
cations Set Forth.
CONSTRUCTION OF BUILDINGS
Requirements as to knowledge Of
Law in Regard to Prop
erty Rights.
CONSTRUCTION OF BUILDINGS

In a paper recently read by A. Monte
fore Brice Of the Middle Temple before
the London Society of Architects there
was an elaborate statement OF the LA
bility Of an architect to the person who
employs him. In most respects the fol-
lowing observations of the essayist, &C.
cording to the Real Estate News, are APP
plicable to this country as well as Eng
land.
An architect is frequently called in
merely to advise person contemplating
the erection or alteration of q building.
When thus consulted he holds himself
out as possessing the requisite knowledge
and practical skill, and if his client should
be injured by his failure to display these
qualities he will be liable for any dam
ages.
Adviser and Designer.
Ordinarily, the architect Is not merely
an adviser, but also a designer. In this
capacity he contracts to supply drawings
and specifications capable Of being car
ried out. His plans must not only COM
ply with the requirements and instruc-
tons Of his employer, but also with the
various statutory and municipal regula-
tlons AFFECTING such buildi...s as he has
been called upon to design. He must
observe all such restrictions and also see
to il that the building designed Is not de-
feotive In structural strength II asked to
furnish estimates of the probable cost Of
the designs and plans he must not esti-
mate the work at price at which he
would not contract for it.
In regard to estimates Of cost Of build
ing 1t Is general rule that whenever an
architect, by want Of skill or care, ad-
viseS the owner that the cost will be very
much less than what the event proves Il
would be, the architect loses his right to
recover fees. and may even make himself
liable in damages. The disparity between
the estimated and the actual cost must
be substantial although If the architect
Is engaged to furnish drawings and plans
for building not to exceed in any event
certain cost, he cannot recover any
fees if the designs furnished by him are
Incapable of being executed for that sum.
Delivery Of Drawings
Unless otherwise agreed, it Is the duty
Of the architect to deliver up his draw
ings and specifications upon payment Of
his fees. and the architect cannot evade
that duty by setting up custom to the
contrary; at least, not unless he can show
that the owner knew of the custom ana
contracted with reference to 1t.
To the architects function as adviser
and designer may be, and usually are.
experimenting the construction Of the
building in accordance with the plans
Upon accepting that duty the architect
becomes the agent of the owner of the
in the first place. to observe all legal
limitations upon the use o. the proposed
site. He must not suffer the building to
be SO erected as to impair the rights Of
adjoining owners or infringe the general
or local regulations. Ignorance or neg
lect OF these precautions may subject
his client to a fine or to the demolition "
the building. II the architect disregarded
building line the owner. when compelled
to set his building back, could ordinarily
hold him liable for the cost of so doing.
In like manner the architect would be re-
Sponsfble for any damage incurred by tho
owner because Of the buildings being 50
constructed as to interfere with party
wallis of other rights or easements OF the
owners of adjoining property. So, too. II
an architect negligently placed a building
partly on another mans lot he would De
answerable to his employer for the conse.
QuenceS
As to Legal Restrictions.
An architect Is bound to take cognizance
not only Of the legal restrictions upon the
use Of the premises, but of the natural
condition Of the site and soil. 1t was held
In famous English case that II the foun-
dations Of building prove to be bad, the
architect who has failed to make a proper
examination of the nature OF the soil can
not recover his fees. 1t follows that he
would also be liable in an action for
damages
A special liability attaches to the archi.
tect who supervIses the work of construc-
ton. 1t Is his duty to inspect both the
and the work as often as neces-
sary, to give all needful instructions and
make all proper corrections. to provide
the contractor at the proper time with
the requisite drawings and specifications.
to measure up the work accurately. to
allow only such extras and variations
as are permitted by the contract, and gen.
orally to exact full and faithful COM
pliance with the terms OF the contract
There must be no covert understandings
between the contractor and tho architect