Engineering and Architectural Jurisprudence: A Presentation of the Law of Construction for Engineers, Architects, Contractors, Builders, Public Officers, and Attorneys at Law

John Cassan Wait

J. Wiley & Sons, 1897 - 905 стор.

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PART I	1

Assignee of Contractor or Owner	8

SECTION	9

Changes which will Not Release the Surety	16

Either Party under Duress	22

Unauthorized Acts of Agent may be Ratified or Adopted	27

Public Agents Not Liable for Blunders 37 Agents Authority must Come from His Principal	28

Authority cannot be Inferred from Business or Family Relations	29

SECTION PAG 485 Engineers Certificate Analagous to an Award of an Arbitrator	418

An Engineer or Arbitrator can Do One of Three Things wher He has Made a Mistake	419

If Certificate or Award be Regular and Engineer or Arbitrator has Not been Misled it will Hold	420

Testimony of Arbitrator in Regard to his Award or Certificate	421

Provision that Engineers Certificate Estimate and Decision may be Made Without Notice to the Contractor	422

Right to a Hearing may be Waived by the Parties	423

Earlier Cases Treated Engineer as an Arbitrator and Required a Hearing	424

In Many Cases an Engineer and Arbitrator are Distinguished	425

Boards Committees and Councils in Their Representative Capacity	30

Public Officers are Presumed to Do Their Duty	31

Means of Obtaining Information	32

An Agent or Fiduciary can Have No Interest in the Contract PAGB 27 27 28 28 29 30	33

Artificial Parties Corporate Bodies 43 Charter and Statute Limitations	34

Other Restrictions to which Corporate Bodies are SubjectCost must Be within the Appropriation or Limit of Indebtedness	36

Appropriation must Not be Exceeded	37

The Legislature or Congress may Ratify the Contract	38

Cases where Appropriation has been Exceeded	39

Unincorporated Organizations as Parties 49 Subscribers to a Project	40

24	41

Second Party Not Named but Determined by His Own	42

Charter and Statute Requirements must be Strictly Carried	43

No Recovery can be Had for Work and Materials Furnished for Public Work Contrary to Law 53 The Law will Not Imply a Contract which the Law ...	44

Irregularities Need Not be Caused by Contractor	46

Precautions to be Taken by Contractors with Regard to Parties and Their Powers 56 Source of Power 57 Residence of PartiesPlace where Contract is ...	48

25	53

The Consideration for What?	60

As Regards Consideration	61

Consideration in Case of Subscriptions	62

Adequacy of Consideration	63

The Consideration of a Contract Must Be Something More Than a Moral	64

The Consideration Must Not be Wanting	65

The Doing of a Thing by One Party Which He is Already Bound to the Other Party to Do is Not a Consideration for a New Promise or a Contract	66

The Consideration must Be Present	67

From Whom Consideration must Come	68

Changes or New Terms in a Contract	69

Consideration Good in Part	70

The Undertaking must Not Have for its Object the Creation of a Monopoly	71

54	77

Manner of Coming to an UnderstandingOffer and Acceptance Make a Con	83

CHAPTER V	91

SECTION PAGE 106 Contracts for an Interest in Lands	97

Special Agreements Relating to Lauds	98

Contracts for the Creation Assignment and Surrender of Estates in Land	99

Application of the Law to Construction Work	100

55	101

Statute of Limitations 112 Objects and Reasons for the Statute	102

Disabilities that May Prevent the Operation of the StatutePersonal Dis abilities	103

The Letter of the Law is Applied Strictly without Regard to Hardship or Mis fortune	104

Agreements to Waive the Protection of the Statute	105

Injury Concealed by Fraud so that Right of Action was Not Known	106

Bad Work Concealed When under Inspection and Supervision of Engineer	107

Law of Contracts Proof of Terms of Coilateral Contract Parol or Verbal Agreements 122 Parol Evidence Not Admissible to Vary or Contradict a Writ...	108

56	109

When Parol Evidence will be Received	110

57	111

Parol Evidence to Explain Obscure and Ambiguous Contracts	112

Parties may be Held to the Construction They have Themselves Adopted	113

Witnesses cannot Testify as to the Meaning of a Contract	114

The Intention of Parties should Control	115

Independent Oral Agreements	117

Subsequent Promises Must be Founded upon a Consideration	118

PART II	120

The Advertisement or Notice to BiddersInvitation to Contractors and Build ers to Make Proposals	122

The Form of Advertisement to be Adopted	123

As Regards the Advertisement or General Notice to Bidders	124

Instructions to BiddersWork is Undertaken by What Authority and under What Restrictions	126

Necessity for Restrictions and Regulations	127

59	129

There must Be Competition in Compliance with the Statute or Charter	130

Public Officers cannot Legalize nor Ratify Void Contracts	131

SECTIONS PACE 142 The Legislature May Ratify Contracts	132

Labor Laws and Limitations must be Complied With	134

Form of Notice and Instructions	136

Bidders may be Required to Possess Certain Qualifications 148 There Must be No Collusion or Other Efforts to Prevent Competition	139

148a Possibility of the Law Being Used to Escape Onerous Contracts	142

What is Good Evidence of Fraud and Collusion of Public Officers and Ser vants	143

Oath as to Truthfulness of Statements	144

Propriety of Certain Requirements and Restrictions	148

There should be a Standard for Comparison of Bids	149

The Bid should Contain neither More nor Less than is Called for by the Instruc tions Plans and Specifications	150

Contracts Must be Strictly According to Terms of Advertisement Plans and Specifications by which Bids were Invited	152

Right to Make Changes and Alterations Reserved	156

Works Whose Cost Exceeds a Certain Amount Within the Statute Charter or Ordinance	157

What Work Comes Within the Statute	158

State or City to Furnish Certain Things at a Specified Price	159

61	160

Conditions and Stipulations as to the Performance and Completion of the Monopoly Work	161

Conditions and Stipulations as to Performance and Completion of the Work	164

Bond and Certified Check to Insure the Execution of the Contract and Surety for Faithful Performance and Completion of the Work	167

Proposal to be Accompanied by Consent of Sureties	168

Information to be Furnished and Conditions to be Imposed when Contract is Executed	169

Acceptance of Proposal and Execution of ContractRight to Reject Bids	170

62	171

Discretion Must be Exercised in Good Faith	172

63	173

Whether Lowest Bidder can Compel an Award to Himself	175

Public Officer may be Enjoined from Illegally Awarding Contract	176

What Remedies a Bidder May Have	177

Liability of Public Officers for Acts Discretionary or Quasi JudicialMisdeeds in Awarding the Contract	179

Liability of Public Officers for Ministerial Acts	180

Bids Cannot be Recalled	181

LAW OF CONTRACTS	182

Bid to Furnish Materials	185

Form of Proposal for Public Work	186

CHAPTER III	192

In Absence of Agreement or Pledge Owner may Exercise his Own Preference	193

Implied Agreement to Remunerate Bidder for His Labor or to Award Con tract to Lowest Bidder	194

A CONSTRUCTION CONTRACT ITS PHRASEOLOGY TERMS CONDI	196

There Must be a Clear Reference in the Contract or Specifications One to	202

Ordinances and Regulations Referred to in Contract	208

SECTION PAGE 231 Provision that Written Matter shall Prevail Over Printed Parts	213

Punctuation	214

Responsibility for Unauthorized Changes by Engineer or Architect between Owner and Contractor	215

Provision that Contractor shall Guarantee Sufficiency of Plans and Specifica tions	216

Insufficient Plans and SpecificationsLiability of Either Party to the Other	217

Does Owner or Contractor Warrant Sufficiency of Plans?	218

Failure of Structure after Completion Due to Insufficient Plans	219

Contracts for Completed Structures Distinguished from Agreements for Work and Materials	220

Contractor will be Held to His Guaranty of Sufficiency of Plans and Specifi cations	221

Contract to do Work According to Plans and Specifications Implies an Under standing of Them	222

Insufficiency of PlansLiability to Third Parties Injured	223

Liability of the State County or Municipal Corporations for the Adoption of Insufficient Plans and Specifications	224

Selection of Plaus for Public Works Sometimes Held a Judicial Act	225

Liability of City Town County or State for want of Care or Skill of Public Officer	226

Property Rights in Plans as between Engineers or Architect and Owner	227

An Agreement to Perform Work in a Workmanlike Manner must be Faith fully Executed or no Recovery can be Had	228

Provision that Work shall be Performed and Completed According to the True Spirit Meaning and Intent of the Plans and Specifications	230

CHAPTER X	232

Provision that Contractor may Take Materials at a Valuation	233

Ownership of Materials in Public Way	234

Title to Materials and Plant Delivered upon the Works	236

Provision for the Inspection and Rejection of Inferior Materials and Work	242

Provision that Contractor shall Not Assign or Sublet	248

SECTION PAGE 303 Provision that Work Shall be Carried On as Directed by the Engineer	252

Period of Performance Fixed and Working Days Defined	253

Time for Completion	254

Time Made Essence of ContractLiquidated Damages Fixed for Delay in Completion of Work	256

Contractor shall be Liable for Superintendence and Inspection and a Sum Named as Liquidated Damages for Delay in Completing Work	257

Recovery of Damages Stated may Depend Upon Whether It Is a Penalty	258

The Damages Recovered or Withheld must be Commensurate with the Injury Suffered	259

Stipulation is Good when Damages Suffered Cannot be Ascertained	261

To Evade the Provision Contractor must Show Damages Actually Suffered or that the Sums Stiputated are Unreasonable or Exorbitant	263

Matters to be Considered in Determining the Amount of Liquidated Damages	264

Difficult Construction Casualties etc No Excuse to Relieve from Liquidated Damages	265

Damages Should be Denominated Liquidated Damages	266

Delay Caused by Other ContractorsAlterations or Extra Work	267

Waiver of Stipulation for Liquidated Damages	269

Delay Occasioned by the Fault of the Owner	270

Provision that a Certain Per Cent may be Retained for Repairs	275

If Works Are in a State of Good Repair after a Certain Time Owner will Pay in Full	276

Provision for Repair	277

CHAPTER XII	278

Provision that Work shall be Done and Completed to Satisfaction of Owner	279

Act of Third Party as Engineer or Architect may be Made a Condition Pre	285

Before the Award is Made Agreements to Submit to Arbitration are	291

Parties are Bound after Award is Made	297

No Definite Line of Separation of Cases for and against Binding Effect	303

Employment or Agency of Engineer or Architect Confers no Special Powers	309

SECTION PAGE 376 Engineer cannot Pledge His Employers Credit to Pay Subcontractors or Workmen	311

Ratification of Engineers Orders may be Imp ied from Acquiescence or Adop tion of Prior OrdersInstances	312

Engineer cannot Change Contract and Specifications nor Make New Terms	313

Engineers Powers to Determine Quantities	314

Engineer must Act in Good Faith and Have Strict Regard for the Methods Prescribed in Contract	315

Engineers Power to Determine Quality Character and Classification	317

Engineer cannot Make a New and Intermediate Classification	318

English and American Decisions Compared	319

Powers to Determine the Sufficiency and Skill with which Work is Per formed	320

Powers of Engineer or Architect may be Extended by Other Clauses so as to Permit Some Deviations from Plans and Specifications	322

Prior Promise to Classify Work or Materials in a Certain Way Not Always Binding	323

Engineer to Determine the Value of Work and Materials	324

Provision that Engineer shall Determine Every Question Arising Out of or Pertaining to the Work or Contract	325

Instances in which Engineers Decisions have been Hed Not Binding under a General ClauseExtra Work	326

O her Instances Not Covered by a Sweeping ClauseBreach by Either Party	327

Engineers Powers when the Contract has been Rescinded or Performed	328

Engineers Powers when Contract has been Modified by Subsequent Agree ments	329

Many Cases Hold that Agreements for Changes and Alterations are Subject to Engineers Determination Same as for Work Under Contract	330

Engineers Power to Determine all Ques ions may Sometimes be Limited by Specializing	332

Engineer to Determine the Meaning and Intention Expressed in the Specifica tion and Contract	334

Engineer should Not be Able to Enlarge his Own Powers	335

The Contract Creates the Powers of the Enginer or Architect	336

Honestly?	337

English Scotch and American Views	338

Objection that Such a Clause Ousts Courts of Their Proper Jurisdiction Treated	339

May Make Payment or Any Right to an Action Conditioned on the Engineer Determining Any Differences Existing	340

Two Classes of Cases the Distinction between them Well Marked and Defined	341

Payment by Owner Made Contingent on Engineers Certificate	343

Indebtedness should be Created by Promise Only and Not by Performance of Work	344

Courts Unwilling to Construe the Stipulation a Condition Precedent	345

Make the Engineers Certificate a Condition Precedent to the Promise to Pay by Owner	346

The Condition Precedent may be Waived	347

If Payment of Contract Price is Conditional on Procuring Engineers Certificate It will Hold	349

Language that Makes a Condition Precedent	351

A Condition Precedent Must be Expressed It will Not be Implied	353

Right to Require Engineers Certificate may be Waived	354

Under what Circumstances may Contractor Recover without Procuring Engi	358

Fraud and Collusion must be Alleged and Proven	364

Mistake of Engineer in his Decision or Estimate an Element of Fraud	370

A Pure Mistake does not Render Award or Estimate Void but Subject	376

Performance of Condition Precedent Prevented by Failure or Refusal	383

Instances Showing when the Engineers Déterminations have been Upheld	390

Provision that Estimate and Decision of Engineer shall be Final and	396

Work Instead of Certificate is Rejected when Engineer bas Goue Wrong	397

Elements of an Arbitration are Wanting when but Que Party is Bound by Award	398

Some Reasons why Stipulation should Not be Favored or Upheld Even	399

The Clauses have Found Little Favor in the Government Departments in other Cities or with Other Corporations	400

Modified Forms of the New York Clauses Are in Use	401

Right to Revise Estimates or to Require Work to be Done According to Con tract though Certified by Engineer	402

Provision that Inspection and Approval shall Not Relieve Coutractor from His Liability to Furnish Proper Work and Materials	403

Contractors Liability for Defective Work and Materials which have been Inspected Approved and Certified	404

Materials and Work Inspected and Approved by Inspectors	405

Defects Concealed by Fraud or Connivance	406

CHAPTER XVI	408

Its Form and What It should Contain	409

Certificate must be Made and Executed in Strict Conformity with the Re quirements of Contract	410

Certificate must be Certain as to Amount and It should be Complete	411

Parties should Agree as to Form and Matter of Certificate	412

Certificate must Meet Requirements of Contract	413

Certificate Good in Part and in Part Bad	414

Certificate should be Final and Complete when Rendered	415

Can Engineers Certificate be Revised or Corrected after It is Ouce Rendered	416

Rules as to Correction of Awards by Arbitrators	417

Intention of Parties in Regard to Hearing should be Expressed	426

CHAPTER XVII	428

Certain Acts may be Delegated	429

Certain Duties cannot be Delegated except by Express Agreement	430

The Engineer must Do Whatever the Contract Expressly Requires of Him	431

Contract Clause Permitting Delegation of Engineers Duties Omitted	432

Engineer Not Properly Deignated	433

Delegation of Duties by Engineer as a Public Officer	434

CHAPTER XVIII	435

The American and English Courts Agree as to Interest an Engineer can Have in His Company	436

Moral Obligation of Engineer Forbids any Secret Interest	438

Provision that Contract may be Rescinded if the Engineer o Any Officer of the City or Company is Interested in the Contract	439

Profits Made by an Engineer or Agent in the Conduct of His Employers Busi ness Belong to the Employer	443

Conspiracy or Collusion Between Contractor and Engineer	444

Engineer should Be a Disinterested Person and the Agent of Neither Party	445

Company or Owner may Employ an Engineer Known to be Interested in the Contract	446

CHAPTER XIX	448

Certain Matters to be considered in a Submission to Arbitration	449

What Questions may be Submitted to Arbitration	450

What Parties may Act as Arbitrators	452

ESSENTIAL ELEMENTS OF A CONTRACT	453

A Submission to Arbitration should be Distinguished from an Appraisal	454

What Rules Govern the Arbitration	455

Conduct of the Hearing	456

Arbitrators must Determine Questions ThemselvesCannot Leave Them to Others	457

The Arbitrators must Act Together	458

Matters Left to Two Arbitrators with Power to Call in an Umpire	459

The Award	460

CHAPTER XX	462

Provision Limiting the Recovery of the Contractor to the Contract Price	464

Provision that Extra Work shall be Ordered in Writing and the Price Deter mined	465

Provision that Contractor will Not Interfere with Other Contractors	466

Relation of the Subjectmatter and the Consideration	467

An Unsigned Sketch or Plan is Not a Written Order	468

Want of Written Order may be Cured by Final Certificate if Certificate Par takes of the Nature of an Award	469

Provision Relating to Extra Work Alterations and Omissions Ordered by the 550 English and American Practice Compared Owner or Engineer	471

Engineers Authority to Direct Alterations Additions or Omissions is Not Authority to Order Extras except in the Mauner Required by Contract	472

Without Special Authority the Engineer or Architect cannot Render His Em ployer Liable for Extra Work	473

Who May Authorize Extra Work or Order Alterations on Behalf of the Parties	475

SECTION PAGE 556 Ordinances Resolutions and Appropriations cannot be Changed by Members of the Bodies Creating Them	477

The Acts of Individual Members may be Ratified or Adopted by the Board	478

Engineers Authority to Order Extras may be Established by Implication Ratification or Adoption	479

Liability for Extra Work may be Assumed by a New or Supplemental Agree ment	482

Simple Contracts and Those Under Seal may be Changed by Parol	483

The Agreement to Waive or Rescind should be Supported upon a Sufficient Consideration	484

The Owner City or Company may by Express Agreement on Its Part become 486 565 The Stipulation for a Written Örder may be Waived	486

The Order must be More than a Mere Request that the Work be Done	487

Knowledge of Owner that Contractor is Doing Work as Extra Work a Strong Factor in Determining the Responsibility	488

If Amount of Work or Materials is Reduced by Changes	490

Effects of Alterations and Changes	492

Changes which Modify or Extinguish the Original Contract	495

Original Contract Rescinded or Reduced to a Parol Agreement	496

Alterations of Terms of Contract may Change Form of Action by Contractor	497

Effect of Change and Alterations on Liability of Surety	498

Effect of Changes Ordered under a Clause Reserving the Right to Make Alter ations	499

Contractors Rights are Frequently Preserved by Notices on His Part	503

Contractor should Make His Claim for Extras when the Addition or Alteration is Required	504

Contractor may be Held to the Terms Acquiesced In or Adopted	505

Owner may Waive his Rights by Remaining Silent and Not Objecting	508

Instances where Changes have been Made	509

Owners Liability for the Cost of Extra Work Caused by Circumstances Un foreseen and Unknown	511

Alterations and Additions an Excuse for Delay in Completing Works	513

More Expensive Material Ordered and Furnished than the Contract Required	514

Provision that Estimates are Approximate Only and that Proprietors shall Not be Responsible for Inaccuracies	516

Preliminary Estimate of Work Incorrect	517

Extra Work Determined by Custom and Usage	518

Provision that Engineer or Architect shall Have Power to Determine whether Work is or is Not Included in the Contract	519

Quantity Character and Value of Extra Work Left to Judgment of Engineer or Architect	520

Power to Decide Questions of Extra Work Does Not Imply Power to Deter mine Damages for Breach of Contract	523

Provision that Questions and Doubts with Regard to Extras shall be Submit ted to Arbitration	524

Provision that Disputes as to Extra Work shall be Referred	525

Limits of Work Not Properly Defined	526

Estimates of Quantities of Work and Materials	528

CHAPTER XXI	530

Peculiar Effect of Custom and Usage	531

What may Constitute a Usage	532

Usage must be Certain and Uniform	533

Usage must be Generally Kuown	534

Parties to Contract should Have Knowledge of Usage	535

Knowledge of Parties of Trade Usages and Customs	536

A Usage must be Moral	538

A Practice that Subverts Justice and Is Contrary to Good Morals Is Not a Usage	540

When Usage will be Admitted to Explain ContractsIt cannot Contradict Express Terms of Contract	542

Usage can be Employed to Explain an Ambiguous Contract	543

There must be Ambiguity which Question the Court must Decide	545

Instances in Brickwork	546

Instances in Stonework	548

Instances in Plastering	550

Instances in EarthworksExcavations and Embankments	551

Ownership of MaterialsEffect of Usage	552

Some General Examples of Usage	553

Custom of What Place Controls	556

Certain Words and Phrases Defined	557

CHAPTER XXII	559

Provision that Contractor shall Give and Serve All Notices	560

and Expense	561

A Man must Maintain His Property in a Reasonably Safe and Proper Manner	568

City Company or Owner Cannot Escape Liability by Delegating Duties to	574

The Relation of Independent Contractor is Not Determined by the Term	581

The Mode Method and Manner of Doing the Work may be Prescribed in	587

Interpretation of Certain Contract Clauses	594

Impossibility of Performance Caused by Act of Owner	600

Destruction of Property when Alterations Improvements or Repairs are being	607

Excavations More Difficu t than was Supposed when Contract was Taken	614

A Suspension of the Work will Not Justify Contractor in Abandoning	620

Neglect or Refusal of Owner to Provide Materials Labor Lines Levels	626

Recovery of Prospective Profits	632

Contractor must have Made an Honest Effort to Complete his Contract or	637

What will Be a Substantial Performance	643

Specific Performance of Contract	649

CHAPTER XXVI	655

Agreements that Owner may Terminate Contract are Valid and Binding	661

SECTION PAGE	666

To Retain Liquidated Damages the Discretion to Terminate Contract must	673

Terminating Contract should Be an Act of Last Resort	679

Provision that Engineer shall Determine what is Due Contractor for Work	685

American and English Decisions Compared	691

Claims of Laborers and Materialmen Disputed by Contractor 697	697

SECTION PAGE 760 Provision that Contractor shall Furnish a Certificate of Register of Deeds that no Liens or Claims have been Filed	698

Contractors Covenant Against Liens does not Bar Materialmen and Laborers Lien	699

Contractor to Execute a Release of All Claims or Demands before Final Pay from Filing Liens ment	701

Mechanics Lien Laws of Different States	702

Liens on Public Buildings	704

Burdens Created upon Property by Unauthorized Agents	705

Provision for Failure to Make Monthly Payments	706

Engineers Certificate should be Made a Condition Precedent to Owners Lia bility	707

Special Provisions as to Payments	708

Provision that Owner will Pay on Performance of Conditions and Rendering of Engineers Certificate	709

Provision that Progress Certificates shall Not Prejudice Right of Owner or City to Require full Performance of Coutract	710

Provision Fixing Compensation at a Price per Unit of Measure 71i 784 Provision for Payment by Schedule of PricesPrices to Cover Everything	711

Provision that All Money Due to Owner may be Recovered by Action or may be Retained out of Moneys Due to Contractor	712

Provision that Notices may be Sent to Contractor s Place of Business	714

What Is or Is Not a Signature	716

Sigued by One Party Only	717

formai Contracts which are to be Reduced to Writing at some Future Time	718

Execution of Contract Signed Sealed Witnessed and Delivered	719

Why is Contract in Writing ?Why Signed Sealed and Witnessed?	720

ENGINEERS AND ARCHITECTS EMPLOYMENT CHAPTER XXVIII	722

Dismissal or Discharge of an Employee	724

Gross Moral Misconduct Pecuniary or Otherwise	725

Habitual Negligence or Conduct Calculated to Injure Masters Business	726

Incompetence or Incapacity	727

Condonation of Employees Offense	728

Duty of Discharged Einployee to Seek Other Employment	729

No Recovery for Extra Work Unless so Agreed	731

What Constitutes an Employment of an Engineer or Architect?This is Often a Difficult Question	732

What Is a Performance of a Contract of Service ?	735

Recovery for Services Rendered	736

CHAPTER XXIX	739

Incorporeal Property in Architectural and Engineering DesignsCopyright and Patentright	740

Rights of a Purchaser to Incorporea Creations	743

Rights of an Author Inventor or Desiguer when in the Employ of Another	744

Things Made or Created Outside of Office Hours	746

Employees Right to His Inventions	747

What Is Invention and Who Is the Inventor?	748

Instances of Invention between Employer and Employee	750

CHAPTER XXX	751

That the Employee Possesses Skill is Implied from the Undertaking to Act	752

SECTION PAGH 830 Determination of Skill Possessed or Want of Skill	753

Professional Man must Possess Ordinary Skill and Exercise Ordinary Care	754

Negligence on the Part of an Agent	755

Skill Required of Specialists	756

Owner may Offset His Damages Against Sum Due Engineer or Architect for Services	757

Architect or Engineer must Give Such Careful Superintendence and Inspec tion as to Prevent the Contractor from Making Material Omissions and Va...	758

Engineer and Contractor or Architect and Builder Jointly and Severally Liable	760

Engineer and Architect are Liable to their Employer and to Nobody Else	762

Liability for Acts of Assistants	763

CHAPTER XXXI	764

Attempts have been Made to Discriminate between Judges in Court and Judi cial Officers	765

Engineer or Architect must Not Act Fraudulently	767

Engineer is Liable to His Employer when He may Not be Liable to Con tractor	768

Engineer or Architect may Owe a Double Duty to His Employer viz as an Arbitrator and a Professional Man	770

849a Engineers or Architects Knowledge Is the Employers Knowledge	771

CHAPTER XXXII	773

County Officers and Their Liability	774

State Employees Held Liable for Negligence	775

Public Officers and Their Liability upon Contracts Executed for the State	776

Officer or Employee Is Responsible for His False Representations	777

Commissioners of Public Works and Their Liability	779

CHAPTER XXXIII	783

If Architect or Engineer Supervises and Directs Work He may Have a Lien in Some States	784

SECTION PAGE 863 Engineers or Architects Rights under the Stockholders Liability Acts	788

Compensation for Injuries Received while Riding on a Free Pass	789

Passes are Usually Given for Some Consideration	790

CHAPTER XXXIV	792

Expert must have Regard for the Undertanding and Knowledge of His Audience	793

Esteem in which Experts are Held by Bench and Bar	794

Biased and Warped Judgments are Not Confined to Professors of Science	795

Experts Are Champions of Their Clients as Well as Attorneys	796

It is the Duty of Every Citizen to Promote Justice	797

The PreparationExpert Witness should Not Only be Informed but He must be Prepared to Convince Others	798

Witness may Use a Book Chart or Prepared Memoranda to Refresh His Memory	800

Use of Written Memoranda and Copies Thereof	802

Use of Maps Plans Photographs and Models in Court	803

Expert Witness should Fortify His Opinions with Authority and Undisputed Facts	805

Trial Court Determines the Privileges of an Expert Witness	806

Behavior of Expert Witness in CourtWhen will Expert Testimony be Ad mitted	807

Some Questions Held Not to Require Experts to Determine	808

Expert cannot Determine Questions which the Jury are to Decide	810

Hypothetical Questions may be Asked of an Expert Witness	811

Witness Acquainted with Facts of Case	812

Weight and Value of an Experts Testimony is Determined by Jury	813

Expert Witness must Not Try to Determine Questions which Determination Is for the Court or Jury	814

Qualifications of an ExpertWho may Be an Expert Witness	815

Witness may Employ Practical Illustrations and Experiments	820

892a Judicial Notice	822

Right to Use Models and Make Tests Rests with Trial Court	823

An Experts Advice to FellowExperts	824

Experts as Assistants in Examination of Witnesses by Attorneys	825

Expert Witness in Civil and Criminal Cases Distinguished	827

Experts Knowledge Experience and Character may be Inquired Into	828

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Engineering and Architectural Jurisprudence: A Presentation of the Law of ...
John Cassan Wait
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acceptance according advertisement agent agreed agreement Amer amount arbitration authority award Barb binding builder building certificate certified check charter Chicago cited clause commissioners completion condition precedent consideration construction contractor corporation court court of equity decision determine Ency enforced engineer or architect engineer's estimate executed extra fact fraud held infra Iowa labor liable liquidated damages lowest bidder Mass Mayor ment Minn N. J. Law N. W. Rep N. Y. App N. Y. Supp obligation offer Ohio St owner paid parties payment performance person Phila plans and specifications promise proposal public officers public policy quantum meruit question railroad reason recover refuse Secs signed Smith statute statute of frauds stipulation supra surety tion tract tractor ultra vires undertaking valid void W. R. Co York

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Назва	Engineering and Architectural Jurisprudence: A Presentation of the Law of Construction for Engineers, Architects, Contractors, Builders, Public Officers, and Attorneys at Law Making of modern law
Автор	John Cassan Wait
Видавець	J. Wiley & Sons, 1897
Оригінал із	Мічиганський університет
Оцифровано	2 жов. 2007
Обсяг	905 стор.

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Engineering and Architectural Jurisprudence: A Presentation of the Law of Construction for Engineers, Architects, Contractors, Builders, Public Officers, and Attorneys at Law

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