The Handbook of Architectu- ral Practice LIBRARY THE UNIVERSITY OF CALIFORNIA SANTA BARBARA PRESENTED BY Glen G. Mosher ^dtf- iU-. /C. It^yp >*> I '» .\^i TO THE MEMORY OF FRANK MILES DAY OF PHILADELPHIA UNDER WHOSE CONSTRUC- TIVE AND ABLE LEADER- SHIP THIS HANDBOOK WAS UNDERTAKEN AND WRIT- TEN AND WHOSE UNTIMELY DEATH ALONE PREVENTED HIM FROM CARRYING IT TO COMPLETION. A HANDBOOK OF ARCHITECTURAL PRACTICE Issued by the American Institute of Architects for use in connection with its Standard Documents 1857 X 1920 PRESS OF THE AMERICAN INSTITUTE OF ARCHITECTS. IKC. THE OCTAGON HOUSE. WASHINGTON. D. C. PURPOSE OF THE HANDBOOK THIS Handbook is intended as an aid to proper practice and efficient business administration. To the student who intends to make architecture his profession, and to the young practitioner, it will be of service in a field to which experience has heretofore been the only guide; while to the architect whose practice is fully established, it may offer useful suggestions. To the Owner it should be of value as enabling him the more intelligently to cooperate with his architect. It is hoped that the Handbook will give an insight into methods which might elsewhere be sought in vain and that it will aid in improving and standardizing common practice. The book is a collection of practices, each one of which may somewhere be found m use and many of which are everywhere in use. Yet it must be said at the outset that no architect, however highly his administrative methods may be developed, follows all the steps described in it, and that even though there may be many that he does not deem it necessary to follow, he may still conduct his practice with effi- ciency and with entire loyalty to the owner's interests. The young architect should not be deterred from reading the Handbook because it deals with many methods that are unnecessary in his practice; for as that practice grows and as he delegates his work to others, he will find much to aid him in it. Not only the young practitioner, but all aichitects, should be warned against adopting any elaborate and intricate system, no matter how well devised, unless required by and adapted to the character and volume of his work. To facilitate the application of the methods outlined in this Handbook, the Institute publishes a document entitled "Agenda for Architects", which appears herein as Appendix A. CONTENTS Part I The Architect and the Owner 1. Various forms of Architectural Service. 2. The Selection of an Architect. 3. Methods of Paying the Architect. 4. The Agreement between the Owner and the Architect 5. The Employment of Engineers. 6. The Architect's Status. 7. The Owner's Duties. Part II The Architect's Office 8. The Office, Its Organization and Plan. 9. The Outer Office. Receipts for Prints, Samples, etc. The Office Diary Applications from Contractors. Applications from Draughtsmen. 10. The Draughting Room and Its Methods. The Work Book. Originals, Prints, Revisions. Numbers and Titles of Drawings. The Record of Drawings. The Distribution of Prints and Record Thereof. The Care of Drawings. The Book of Office Standards. Office Conferences. Visits to Buildings. 11. The Business Office and Its System. The Minute Book and Agenda. Printed Forms. Correspondence, Records, Filing. The Duties of Members of the Staff. 12. The Accounts of the Owner and His Contractors. 13. Cost Accounting. 14. Bookkeeping for Architects. Part III Surveys, Preliminary Studies and Estimates, Working Drawings and Specifications 15. The Survey and Information to Be Furnished by the Owner. 16. The Survey of an Existing Building. 17- Preliminary Studies and Models. 18. Preliminary Estimates. 19. The Delivery and Acceptance of Preliminary Studies. '1 he Ordering, Delivery, and Acceptance of Working Drawings and Specifications. 20. Working Drawings. 21. Specifications. Part IV The Letting of Contracts 22. Competitive Bidding. 23. Methods of Contracting for the Execution of the Work. Stipulated Sum. Cost Plus Ece. 24. Letting the Work under One, Several, or Many Contracts. 25. Laws Relating to Work Paid for from Public Funds. 26. The Quantity System. 27. Invitation to Submit a Proposal. 28. Instructions to Bidders. 29. Form of Proposal. 30. Legal Details of Agreements. 31. The Standard Contract Documents of the American Institute ot Archi- tects. 32. Bonds of Suretyship. Part V The Execution of the Work 33. On Notifying the Owner and the Contractor of Certain Duties. 34. The Schedule of Detail Drawings and the Schedule of Progress of the Work. 35. The Schedule of Values. 36. Shop Drawings, Schedules, Supervision, Superintendence, and Diagrams of Progress. 37. Changes in the Amount of Contract. 38. Applications for Payment. 39. Certificates of Payment. Part VI The Architect and the Law 40. The Architect and the Law. License to Practice (Registration). Agreement as to Services. Liability to the Owner. 40. The Architect and the Law — Continued. LiabiHty to the Contractor. LiabiUty to Others than the Owner and Contractor. LiabiHty to Know the Law. Mechanics' Lien Laws. The Architect as a Witness. 41. Architects' Partnership Agreements. Part VII Documents of the American Institute of Architects A. Agenda for Architects. (Memorandaof Procedure and Progress.) B. A Circular of Advice Relative to Principles of Professional Practice. C. Architectural Competitions, A Circular of Advice and Information. C-i. Standard Form of Competition Program. D. Professional Practice of Architects, Details of Service to be Rendered, Schedule of Proper Minimum Charges. E. The Standard Form of Agreement between Owner and Architect. F. A Form of Agreement between Owner and Architect (on the fee-plus-cost system). G. The Fee-Plus-Cost System of Charges. A Description of the Use of the System. H. Standard Symbols adopted by the National Electrical Contractors' Asso- ciation and the American Institute of Architects. J. The Standard Form of Agreement between Contractor and Owner (when a stipulated sum forms the basis of payment). K. The General Conditions of the Contract. L. The Standard Form of Bond. M. The Standard Form of Agreement between Contractor and Subcontractor. N. Standard Form of Acceptance of Subcontractor's Proposal. O. A Form of Agreement between Contractor and Owner (when cost plus a fee forms the basis of payment). P. A Circular of Information Relative to the Cost-Plus-Fee System of Con- tracting for Building Construction. Q. Constitution and By-Laws. R. Standard Form of Constitution and By-Laws for Chapters. S. Information Concerning Requirements for Membership, with form of Application. T. Information Concerning Requirements for Associateship with a Chapter of the American Institute of Architects, with form of Application. U. A Circular Relative to the Size and Character of Advertising Matter In- tended for Preservation by Architects. V. Model Form of Law for the Registration of Architects. W. Official Institute Documents of a Permanent Nature, Titles and Prices. PREFACE TO THE HANDBOOK IT IS as a fine art that architecture has established itself in the hearts of men. If it had been merely the science of building or even of building well, its appeal would not have brought to it minds such as those of Ictinus and Michael Angelo. To good building, architecture adds high qualities of the imagination. It disposes of masses and details in ways that arouse us by their beauty, power or dignity. It writes the record of civilization. But to treat of architecture as an art, this Handbook does not aspire. The Architect, though primarily an artist, must still be the master, either in himself or through others, of all the applied sciences necessary to sound and economic building, sciences that have generated and that attempt to satisfy many of the exacting and complex demands of modern life. But it is not with construction nor engineering nor with the choice of materials that this Handbook deals. The Architect, by expressing his ideas in forms and words of exact contractual significance, by controlling machinery for their embodiment, by giving just decisions between conflicting interests, by bearing himself as worthy of his high calling, gives to his art the status of a profession. It is with that aspect of the Architect's work, professional practice and its servant, business administration, that this Handbook is concerned. The Architect must play the role of creative artist, sound constructor, profes- sional adviser, business administrator, and fearless judge. Unless endowed with such varied talents as are rarely to be found in one man, he associates with himself others differently gifted. While architecture as a fine art is an individual effort, architec- ture as a profession is generally a cooperative undertaking. The Architect, having agreed to act as the Owner's professional adviser, must, if their interests be in conflict, put the Owner's above his own. His duties place him in a professional rather than a commercial relation to contractors, to his assistants, to his fellow architects, and to the public. The Architect owes his client a competent management of business affairs, whether large or small, for a small loss to the owner of a small building may be just as grievous as a large loss to the owner of a large building. Good management is vital, for, granting the work to have been skilfully designed and wisely specified, its swift and proper execution depends in no small part on the Architect's ability as an administrator. The effectiveness with which he conducts the routine of extras and omissions, of applications for payment, of issuance of certificates, facilitates the complex processes of building just as a lax administration clogs them. Expert management of innumerable details conduces not merely to getting the utmost for the Owner's money, but leads to the avoidance of those misunderstandings between Owner, Architect and Contractor that so often embitter relations, which, under skilful guidance, might be those of confidence and mutual respect. An office system is a good servant but a bad master. If it exacts minute and rigid detail, it defeats its own purpose. Yet, as the Architect's work year by year grows more complex, it can be dealt with only by an efficient organization, con- stantly evolving in harmony with new methods of business management. The idea that the Architect's creative freedom will be hampered by such an organization is entirely erroneous. If he relieve himself of the burden of business detail, the designer will be the freer to exert his creative and artistic talents. THE ARCHITECT AND THE OWNER Part I THE ARCHITECT AND THE OWNER Chm'Ti;r One Various Forms of Architectural Service Architects are employed in sundry capacities as: Executive Architect. — As such, the Architect's com- plete professional services comprise: [a) Making preliminary studies of the problem, the results being expressed in a report oi more frequently in the form of a sketch or sketches for a design; {b) The preparation of working drawings, speci- fications and detail drawings; (f) Drafting forms of proposals and contracts, issuing certificates of payment, keeping accounts and carrying on the business administration incident to the conduct of the work. {d) The supervision of the work as it is executed. It is of the work of the Executive Architect that this Handbook treats. Supervising Architect. — Where several Architects have to be employed at the same time or successively in an executive capacity, it is usual to employ a Supervising Architect to preside over their work, with a view to insuring harmony of purpose, design, and action. Sometimes the general plan of an insti- tution is prepared by an Architect, who afterwards supervises the work of several others charged with the design and execution of the several units. The Supervising Architect, if a man of ability and force, can secure a continuity of policy extending over a period of years, free from vagaries incident to the changing composition of Boards of Directors or Building Committees. He can advise in the selection of Executive Architects, establish and maintain a definite policy and point out the danger of that opportunism in the choice of sites, materials, and architectural styles which is so often fatal to large undertakings extendmg over many years. Consulting Architect. — Sometimes the work of an Executive Architect is supplemented by that of a Consulting Architect, who is presumed to have greater knowledge of the problem, or of some phase of it, than has the Executive Architect himself. His advice may be confined to a single subject, but he is more freciuenrly a general consultant, giving advice during the preparation of the sketches, influencing the work upon drawings and specifications, keeping in touch with questions of administrative policy, and even visiting the building during its construc- tion. Like the medical consultant, his fee is paid by the client, and is not deductible from that of the Executive Architect. Associated Architects. — Sometimes when it appears desirable to secure the services of two or more archi- tects, and to establish a closer link than that between the Executive and Consulting Architects, such men associate themselves with a view of acting, for the time being, as a unit in an executive capacity. The association amounts to a temporary partnership. Such arrangements often arise when the Owner desires the services, as designer, of an architect re- mote from the site of the work, while he wants, in business management and supervision, those of one resident near the work. It is obvious that since the Owner requires the services of two or more archi- tects, and since such associations are not always without difficulty and increased expense, he should pay the Associated Architects a fee greater than that customary in the employment of a single one. Occasional Employment. — The Architect is some- times employed as an expert witness; sometimes as an arbitrator; sometimes to report upon the condi- tion of an existing building, or upon the possible development of a property; sometimes by an insti- tution making a loan for the erection of a building, to guard its interest in the work; sometimes the Architect is retained as expert in charge of the con- duct of an architectural competition, or as a member of the jury of award. 13 THE HANDBOOK OF PROFESSIONAL PRACTICE Chapter Two The Selection of an Architect Two clearly defined methods of choosing an Architect are in use: one, by direct selection; the other, by competition. Direct Selection. — The method of direct selection is that by which the Owner, presumably after careful inquiry and consideration, appoints an Architect. Such appointments are, however, frequently made without due care and through accidental or tem- porary influences, such as acquaintance or relation- ship; or on account of acts, such as solicitation of the work, which should in themselves be a bar to its award. The Owner should give careful thought to the selection, since his interests depend so directly upon it. The Owner commits the expenditure of his money to the Architect, and though he may think he is in control of the situation, he is in a large measure helpless as to the way in which it is spent. In fact, he depends for a successful result almost as much on his Architect as does the patient on his surgeon. It is, therefore, of the utmost importance that, before reaching a decision, he should make careful inquiries along several lines, as, for instance: (a) Has the Architect under consideration the experience necessary for the work in hand 1 {b) Has he the technical knowledge needed to control the design of the highly complex structure and equipment of a modern building, and to secure the best results without waste of space or money? (f) Has he executive ability and the force to compel the proper performance of con- tracts? {d) Has he successfully done work of like character or work from which his ability properly to serve the Owner may be inferred ? {e) Has he such honesty and incorruptibility as are essential to the Owner's safety? In brief, has the Architect established to the Owner's satisfaction his fitness, above others, to design the work and to control its execution? As an aid to the direct selection of an Architect, the Owner sometimes invites several to submit statements of their training and qualifications, with a list and photographs of their more important works, as well as references to those for whom they have erected buildings. With these before him, the Owner, either alone or with professional advice, makes his selection. Notwithstanding the foregoing statement, a plea ought in fairness to be made for entrusting works of minor importance to the young practitioner, who naturally finds the first step the most difficult. It should be borne in mind that from time to time men who have spent many years as assistants, men who have had long experience and are entirely qualified, commence practice. They should not be discriminated agamst merely because they have had no opportunity to erect buildings in their own name. Competition. — Competitions are instituted to enable the Owner to choose an Architect through a comparison of solutions of the problem, submitted by sundry competitors. Of late, competitions have become less and less frequent. The method is now rarely employed, except for public work, for which it is sometimes required by law and in case of which it offers a safeguard against favoritism in the appointment. If a competition is necessary, it can be made successful only by conducting it upon such fair and equitable lines as conserve the interests of both Owner and competitors. The subject is fully treated in the Institute's "Architectural Competitions," and in the "Standard Form of Competition Program," (Appendix C and Appendix Ci.) Chapter Three Methods of Paying the Architect There are three methods under which Architects ordinarily are compensated. Under the first, the one most frequently in use, the Architect is paid a per- centage of the final cost of the work executed from his designs and is reimbursed certain expenses. Under the second he is paid a fee for his services and is reimbursed all his expenses. Under the third he receives a salary. 14 THE ARCHITECT AND THE OWNER The Percentage Method. — The document known as "The Schedule of Charges of the American Insti- tute of Architects," (Appendix D) deals with the method of paying the Architect for his services a per- centage of the cost of the work. It is a schedule of charges only in its first few paragraphs. It soon becomes a statement of professional practice con- sonant with, hut less complete than, the similar statements contained in the Institute's "Standard Form of Agreement between Owner and Architect," (Appendix E). Even as a schedule of charges the document is not of a very precise nature. It indicates that the basic percentage under ordinary circumstances is six, but that there are many cases in which it is greater. The percentage necessarily varies under different circumstances, since the Architect's fee, like that of any professional man, must depend upon his skill, experience and standing, upon the character and location of the work to be done, as well as upon the kind and cost of the services to be rendered. There- fore, to base the Architect's fee upon an unvarying percentage of the cost of the work is neither reason- able nor equitable; but since that method has long been and is still largely in use, the Institute names a certain rate lower than which, in ordinary cases, competent and complete services are not to be expected. As illustrative of the way in which fees vary, it is usual to charge 8 to lo per cent for the Architect's services in connection with dwelling houses and lo per cent or more for alterations to existing buildings. In the hands of Architects best qualified to design them, churches bear a commission of jyi per cent, and chancel furniture lo to 20 per cent. Buildings with complicated equipment, such as laboratories, bear a higher rate than (> per cent, or, if taken at that rate, their equipment should be charged separately at a much higher rate. The Fee-Plus-Cost Method. — Under the second method of paying the Architect, he is reimbursed the entire cost of his work and is paid for his own services a fixed fee, or in some cases, a commission upon the cost of the work. This method is not ex- plained at length here, since an explanation of it will be found in the Institute's "Circular of Information Relating to the Fee-Plus-Cost System of Charging for Professional Services" (Appendix G), and in the Institute's "Form of Agreement between Owner and Architect, on the Fee-Plus-Cost System" (Ap- pendix F). The Salary Method. — Under the third method the Architect is paid a salary. All the expenses of his office are paid by his employer, which is usually a body politic or corporate. Chapter Four Agreement Between Owner and Architect A clear understanding between Owner and Archi- tect as to their relations and obligations is of utmost importance. So many unforeseen situations may arise during the designing and erection of a building that neither a verbal agreement, even though it were not void in law as applied to engagements for services lasting more than one year, nor a mere exchange of letters, is an adequate guarantee against misunder- standings. The strange timidity that Architects display in informing clients of their charges, and their willing- ness to go forward without any understanding what- ever, are discreditable to them as men of affairs. Such conduct leads to misunderstandings, disputes, and litigation. A client who, for lack of an agreement with his Architect, felt himself injured by the outcome wrote: "This apparent delicacy (or laxity) on the part of architects to state their business methods in terms of money is as ridiculous as it is childish. Every other reputable business covers its transaction by some form of agreement, and the buyer knows befon he buys just what the article or service will cost or on what basis the service will be figured." The lack of a well-prepared form of agreement is the most fertile source of litigation for Architects. One who contemplates taking his chances of com- pensation without having a written agreement, or under a conditional form of employment, should follow the ramifications of this subject in T. M. Clark's "Architect, Owner and Builder before the Law," in W. L. Bowman's articles in the Brickbuilder for 1911 and 1913, or in Blake's "The Law of Archi- tecture and Building." There are many improper forms of conditional employment under which the Architect does pre- liminary work without payment, his employment not taking place until certain conditions, often quite beyond his own control, are fulfilled. The author- ities cited above treat also of these conditions. IS THE HANDBOOK OF PROFESSIONAL PRACTICE A not unusual form of agreement consists of an offer from the Architect to perform services in ac- cordance with the Institute's Schedule of Charges (Appendix D). The Owner's acceptance of such an offer constitutes a contract, but as the schedule is indefinite as to rates of commission and omits to mention certain important matters, it is far wiser to base a contract upon one or the other of the forms of agreement between Owner and Architect issued by the Institute. These forms embody many years' experience. Their provisions are clear and equitable. They define the relations of Owner and Architect in many situations not unlikely to occur but not likely otherwise to be precisely defined in advance. They represent well-accepted practice and remove the details of the matter from debate. They are par- ticularly a protection to public officials or officers of corporations signing them, since they are evidence that such officials or officers have followed fully established and well-authenticated methods. When a percentage forms the basis of the Archi- tect's compensation, the Institute's "Standard Form of Agreement between Owner and Architect" (Ap- pendix E) should be used. In filling out that Form of Agreement the following matters should be borne in mind : (a) While the Schedule of Charges (.Appendix D) states that on furniture, decorative and cabinetwork, and on landscape architecture, it is proper to make a higher charge than "the basic rate," no mention of that subject occurs in the Agreement, and, if let as a part of one general contract, the Architect would not be entitled to a percentage on those subjects higher than the basic rate. Nevertheless, as such things would, under proper manage- ment, be let as separate contracts, they would, under Article 4 of the Agreement, be subject to a commission 4 per cent greater than the basic rate. If this is not satisfactory to Owner and Architect, they should cover the matter by a special stipulation written on the blank lines of the Agreement. (b) If it be known at the time of signing the Agreement that the Owner will employ a clerk of the works, then the words, "when authorized by the Owner" should be stricken from Paragraph 2 of Article 9 of the Agreement. (f) Article 14 on arbitration is valid under the law of many states, but certain of them have special laws with which that Article is not in harmony. It is therefore important that if it is not valid in the State in which the work is to be done, it be modified to make it so. The form of Agreement used when the Architect is to be paid a fee plus cost is contained in the Insti- tute's "Form of Agreement between Owner and Architect on the Fee-Plus-Cost System" (Appen- dix F), of which a description and explanation are contained in a Circular of the Institute (Appen- dix G). The idea that an Owner will take offense if asked to sign a printed form of agreement is usually ground- less, but if the Architect thinks it unwise to offer one, he may embodj' his terms in a letter or written state- ment to the Owner, which, when accepted, becomes the basis of agreement. From such a statement the Architect, not seeing their immediate applicability, is tempted to omit certain items of the printed forms. Such omissions are likely to give rise to sub- sequent misunderstandings. Chapter Five Employment of Engineers and Other Consulting Specialists Construction is, and always must be, the essence of any vital architecture. The Greek Architect thought of his building in terms of shafts supporting beams; the Roman Architect added the arch, the vault, and the dome; while the Medieval Architect conceived his whole work as a great structural frame, in a manner more frank and obvious than that applied to the modern fireproofed steel frame, the controlling factor in much of our current design. The Architect therefore must know his "anatomy" or he becomes a mere decorator. A new element entered the practice of architecture with the remarkable development of the applied sciences during the latter half of the nineteenth century. The scientific application of heating and ventilating to buildings, with the accompanying mechanical power for their operation, the many uses of electricity requiring complex equipment, the great expansion of the science of plumbing, and the inven- tion of the elevator, which lifted the skyline of build- ings far above the reach of public water-supply and fire-fighting equipment and created problems for the hydraulic and other engineers; these, together with sanitary and other problems, required for their de- velopment and intelligent application professional specialists who could give their entire time to the study and advancement of these sciences. So highly specialized are these subjects that technical schools and universities devote separate courses to them, and degrees are given in mechanical and electrical en- gineering and kindred subjects. 16 THK ARt'Ill'lECI" AND I UK (JWNER As a lof^ical sociuetuc, the Archirtct finds himself in much the same position as a general practitioner in medicine. While he is responsible for the success of his work as a whole, he must know when to consult with a specialist if he would have every detail reflect the best practice in each special field. Few Archi- tects' offices exist where the volume of work warrants inchidinp; in the permanent organization all of these engineering experts, either as members of the firm or among their regular assistants. Experience shows that it is wiser for the Architect to recommend the emi^loyment of outside professional engineers rather than to attempt to render directly a service for which he is not fully qualified. The Owner, not accustomed to the practice of the profession, is surprised to find that he is expected not merely to pay the Architect a commission on the entire cost of the work, but that he is also to re- imburse the Architect the charges of engineers for heating, ventilation, mechanical plant and electrical work; and he would like to know why this is so. It would be a very simple matter if the Architect de- signed the building regardless of the technical equip- ment, and the technical expert designed his equip- ment regardless of the Architect's design. The work of each would doubtless be satisfactory if considered by itself and each would be paid only for the work entrusted to him, but if the Architect has not found a place for every part of the engineer's equipment (and to do so without endangering any part of the structure, or interfering with its proportions and appearance, taxes his ingenuity to the limit), the work will be a failure. This additional service necessary to coordinate all the work, a service essen- tial to its success as a whole, and frequently requiring prolonged study of what would otherwise be a simple pier, floor, or other member, or the abandonment and restudy of an important part of the design, is com- pensated for, to some extent at least, by the com- mission paid to the Architect on the cost of the tech- nical equipment, in addition to the commission paid to the expert. Chapter Six The Architect's Status The Architect's position is one of trust and con- fidence, and it is fundamental that he should act in absolute and entire good faith throughout. Ob- viously he must have no pecuniary interest other than that arising from his agreement with the Owner. His relation to the Owner bears some likeness to that of the physician to his patient or of the attorney-at- law to his client; each is chosen because he is assumed to possess skill and ability in his calling. As a master of his own art and of the arts and sciences allied to it, the Architect owes to them and to himself an obligation not to violate their canons. Just as the physician should refuse, even at the patient's solicitation, to treat his case in a manner medically unsound, or as the lawyer should refuse to bring or defend an action under conditions re- pellent to the moral sense, so the Architect should refuse to lend himself to the erection of an unsafe, unsanitary, inconvenient, or unsightly structure. Such an obligation may, under certain conditions, require him to give up his employment. As Adviser. — The Architect is primarily the Owner's professional adviser. He so acts in advising the Owner how best his problem may be solved, in informing him of the probable cost of the work, in selecting methods and materials of construction, and in numerous other ways. That relation continues as long as his employment lasts. As Agent. — In dealing with other persons on behalf of the Ov\Tier, the Architect, the courts hold, is the agent of the Owner. Where the Owner has not exactly defined the authority, it is determined by the general law of agency, by the known customs of architectural practice, by the acts of the Owner and Architect, and by the circumstances of the case. It is therefore subject to great uncertainty. A general grant of authority as to all matters con- nected with the work may be necessary where the Owner is to be absent from the country while the work is going on. Its acceptance by the Architect involves large responsibilities and contains oppor- tunity for later disagreements. It should be accepted only when necessary or when in accordance with settled local practice. Even when granted, the Owner should, if practicable, be consulted on any unusual conditions arising. It is wiser that the Architect's powers should be clearly defined and strictly limited, as is done in the Institute's "General Conditions of the Contract" (.'\ppendix K). The terms of such an express but 17 THE HANDBOOK OF PROFESSIONAL PRACTICE limited agency must be strictly followed, even if contrary to established practice. Any departure therefrom risks the personal liability of the Architect. (See "General Conditions of the Contract" Article 9, Appendix K.) For an excellent discussion of the whole question, see the Chapter on the Architect as Agent of the Owner in "The Law of Architecture and Building," by Clinton H. Blake, Jr. As Jiidge or Arbitrator. — As soon, however, as a contract has been executed between the Owner and a Contractor by the terms of which the Architect becomes the official interpreter of its conditions and the judge of its performance, the Architect is thereby given a new status quite different from either that of professional adviser to or agent of the Owner. In this new status it is incumbent on him to side neither with the Owner nor with the Contractor, but to use his powers under the contract to enforce its faithful performance by both parties. (See Article i of the Institute's Circular of Advice Relative to Principles of Professional Practice," Appendix B, also Part VII Appendix K, Article 10, The Architect's Decisions.) It will, therefore, be perceived that in acting under the Standard General Conditions of the Contract (Appendix K), the Architect renders most of his decisions as an arbitrator. To be sure, he is an arbitrator only in the first instance, since the General Conditions provide, in Articles 10 and 45, for an appeal to other arbitrators, previously unconnected with the matter. Even in such circumstances, and especially in cases in which the Architect gives the final judgment, it is incumbent on him to act with the greatest care, fairness and deliberation, appoint- ing times and places for hearings and couching the award in well-considered language. The Architect will do well, in this connection, to read "The Architect as Arbitrator," by William L. Bowman, in the Brickbuilder for August 1913, page 187. Chapter Seven The Owner s Duties Not every Owner realizes that he owes duties to the Architect other than the payment of bills. Per- haps the highest of these duties is the unwritten one of sympathetic cooperation, without which it is hardly to be expected that the Architect will produce his best work or feel a sustained devotion to his client's interest. The Owner should clearly state the requirements of his problem and should frankly name the amount that he is willing to spend. Concealment in such a matter naturally sets up distrust of him in the Architect's mind. It is one of the duties of the Owner to furnish the Architect with full information, legal and topo- graphical, about the building-site. This is summed up in the Institute's Standard Form of Agreement between Owner and Architect" (Appendix E), as follows: "The Owner shall furnish the Architect with a complete and accurate survey ot the buildlng-slte, giving the grades and hues of streets, pavements, and adjoining properties, the rights, restric- tions, easements, boundaries, and contours of the bullding-slte, and full information as to sewer, water, gas, and electrical service." Many instances of trouble and expense due to the failure of the Owner to furnish complete and accurate information might be cited, but one will suffice: In a recent case, the Owner furnished the Archi- tect a survey covering all the usual data and such restrictions as were of record. The property, how- ever, did not belong to the company erecting the building, but had been leased in three parcels for ninety-nine years. The leases had not been recorded. They provided that, in the event of the improvement of any parcel in conjunction with another, the columns were to be so located on the dividing-line as to form "party columns." The Architects pre- pared sketches and working drawings in ignorance of these restrictions, and it was not until the contract had been awarded that they were casually notified that the columns must conform to the lines of the several parcels. The Owner had to bear the cost of remaking the drawings, J^5,ooo, and the necessary changes in the building, $84,000. The Owner, as stated in his Agreement with the Architect, should give "thorough consideration to all sketches, drawings, specifications, proposals, con- tracts and other documents laid before him by the Architect." Inattention to such matters, especially carelessness in studying drawings and specifications, results in failure to understand the work contracted for and in disappointment and expense when the work is in course of execution. The Owner should 18 THE ARCHITECrS OFFICE bear in mind that drawings and specifications are the Architect's language and that through them he presents his thoughts in the way hest suited to their exact and complete expression. If the Owner cannot understand any part of the drawings or specifications, he should ask the Architect for an explanation. The Owner's duties toward his contractors and his rights under his contract are stated in their Agreement and in the General Conditions of the Contract, with which documents he should make himself conversant. Prompt decisions, too, are a part of the Owner's duty. He rarely realizes how much time is lost while waiting for him to examine papers or to make up his mind when a quick decision is necessary. In all projects of importance the Owner should place the advice of his counsel freely at the Archi- tect's service, and the Architect should freely avail himself of such advice. When, however, the Archi- tect is acting as a judge of the preformance of a con- tract or is making a decision between the Owner's and the Contractor's interest, the Architect should, if legal advice is necessary, consult his own counsel. The Owner, whether at the work or elsewhere, owes it to the Architect and the Contractor, not to give orders to the Contractor or any of his people. All orders should be given through the Architect, otherwise misunderstandings and confusion result. Any order given by the Owner, unless it have the pro- tection afforded by the Architect's office, is likely to be construed, and often justly so, as an order for an extra. Grave entanglements at the time of final settlement arise from such incautious actions on the part of the Owner. Even in cases where the contract has stated that no order was to be valid unless given in writing, the courts have held that the giving by the Owner to the Contractor of a verbal order was a waiver of any special requirement as to its form. The Owner does not generally realize how difficult it will be for him and his Architect to remain on a good footing from the making of the first studies to the completion of the building and how much reasonableness, restraint, and tact both must con- tinually exercise, if the building is to be an entire success and if they are to find themselves on terms of cordiality at its finish. Part II THE ARCHITECT'S OFFICE Chapter Eight The Oflce, Its Organization and Plan One is inclined to think of the great Architects of past time as achieving their results through their own genius and by their unaided efforts, and so, in many cases, it may have been. A great work of art comes as a rule, from a single brain, but even before structures had reached their modern complexity, the cooperation of many minds in the design and execu- tion of works of importance was well established. With the inclusion in building construction of many things undreamed of by our ancestors, has come an urgent need for the cooperation of men of varied talents. Old trades, such as plumbing, have taken on an unsuspected complexity. New and highly specialized trades such as electrical equip- ment have come into being; methods of construction requiring great skill in their application, such as the steel skeleton and the pneumatic caisson, have suddenly appeared. The work of draughtsmanship and specification writing has reached an infinitely higher standard than that of even fifty years ago. Business administration must be carried on with an alertness and exactitude unknown in the past. All these call for the association of men informed in diverse arts and sciences, and the efficient coordina- tion of their efforts is one of the Architect's chief concerns. If it seem a mere stroke of humor to speak of the modern Architect as the "Chairman of a Board of Experts," the thought is none the less grounded in truth. Some one, most naturally the Architect, has to preside over and coordinate the sundry forces of design, supervision and business administration. 19 THE HANDBOOK OF PROFESSIONAL PRACTICE The Organization of the Office If one were asked for a description of a typical office organization, he could not well give it; since such organizations take every form, from that in which one man performs the functions of an entire staff, up to that in which a hundred or more of men and women constitute the working force. Even the main divisions of a large office are not in all cases the same, since they depend largely upon the aptitudes and interests of the several members of the firm. However, such departments as the following are generally found, though not necessarily all, within the Architect's office : Architectural Design, with chief designer, head draughtsman, squad captains, draughtsmen, libra- rian, custodian of drawings, and others. Engineering Design, with structural, heating and ventilating, electrical, and sanitary engineers, and their draughtsmen. Specifications, with chief specification writer and assistants. Supervision, with general superintendent, assis- tants and clerks of the works. Business Administration, with manager, secretary, stenographers, file clerk, bookkeeper, telephone operator, messenger, and others. The Pla?ining of the Office For the same reason that it is difficult to describe an office organization, it is difficult to describe the planning and arrangement of a typical office. The Architect may occupy a single small room within the walls of which he may find space for all of his activities or he may need an entire floor or whole building of his own. In any large office, one is likely to find some or all of the following divisions: Entrance, through which the various parts of the office may be reached. Outer Office, where visitors are first received, whence drawings are issued, to which samples, shop drawings, and so forth, are delivered. Contractor's Room, where drawings may be examined, estimates made, conferences held. Consultation Room, where clients and committees are received. Private Office, for members of the firm, where they may make sketches, transact business or see clients. Draughting-Room, a well lighted large room some- times divided for difl^erent classes of work or provided with alcoves for individuals. Specification Room, with hanging space for draw- ings, cabinets for catalogues, and so forth. Plan-Room, where sketches, drawings, and prints may be kept in safety and in order. Library, with its collection of books and photo- graphs. Administrative Office, with suitable rooms, or spaces for business manager, bookkeeper, ste- nographers and files. Store room, for samples, stores and supplies. Locker-Room, for use of draughtsmen, stenog- raphers and others. Telephone Central. For the way in which the offices of sundry well- known Architects are planned and arranged, the reader should consult a series of articles by D. Everett Waid in the Brickbuilder for 191 2 and 191 3. Chapter Nine The Outer Office Whatever the volume of an Architect's practice, the outer office is the channel through which there passes a considerable and varied flow — incoming and outgoing mail, drawings, prints, specifications, shop- drawings, models, samples, clients, contractors, agents. It is therefore the proper and convenient place for recording many of the events of office life. Receipts. — Every Architect should keep some record of the drawings, prints, specifications and samples issued by him. The character of such records varies, but the results in any case depend on the efficiency with which the record is maintained. The following method has been found to work well in practice. If a piece of colored paper, say library index size, be printed as a receipt, and if this be separated by a piece of carbon paper from a white card similarly printed, two copies of the reciept may be written at the same time. The colored piece is at once put in 20 THE ARCHITECT'S OFFICE the receipt drawer, where It gives notice of unfinished action. The white card is placed with the drawings, to be signed by their recipient; or if they are sent away from the office, the receipt, since it has the Architect's name and address printed on its reverse, may be returned as a postcard. When returned with signature, the white card is put in its place in the receipt drawer and its correlative on colored paper is destroyed. If the colored sheets have a suitable tab at their top, rising above the white ones, their presence in the drawer is unmistakable. As long as a colored sheet remains in the drawer it gives notice that a signed receipt is missing. Exhibit No. i shows a simple and satisfactory form of receipt. Not all Architects put themselves to the trouble of taking receipts for drawings issued. Some depend on the entries in the Office Diary or Issue Book (see below), others on their record of the distribution of prints (see Chapter lo); but neither of these methods presents evidence of issuance as positive as that of the signed receipt. shown on the Exhibit is that of a series of drawings from another office, siibmitrcd to the Architect in his capacity as Consulting Architect. I he other entries show working drawings sent to a contractor for "estimate" or "execution," a drawing sent to a client for his "approval," shop drawings and samples submitted to the Architect for his "approval," etc. In the "date" column is entered carefully the latest date of the drawing, so that if a given drawing be revised one or more times the date will show clearly which particular edition of that drawing was received or sent out. Receipts may be used in conjunction with the Office Diary that bear the same issue num- ber and the same "estimate," "execution," "ap- proval," as entered in the "Purpose" column of the Diary. The Diary may also be used to record visits of clients, contractors and others, the persons with whom they conferred, and by the file number, the subject of their visit. Members of the office staff attending conferences with clients or others, making visits of supervision, etc., have their movements recorded in the Diary. -Prom. DOE Si. ROE, Aj'clutect$.~ ^yMail: Express.- Messenger: atOfike-. i^. to . Print— of Drawing No. Print- of Drawltw" No, Print— of Drawing No. TtleNo. . Specifications Keceived the above ^(Date) Sip'ned try. /^_. "Tleofic s i( fn and return pnmwlly Exhibit i The Office Diary. — Some offices keep, in what is called an Office Diary or an Issue Book, records of incoming and outgoing matter, calls, conferences, etc. Exhibit No. 2 shows a page from such a book. The method of use is as follows: Whenever drawings specifications, or samples are brought into the office, or are about to be issued therefrom, they pass through the hands of the person in charge of the outer office. The entries are written in and each entry and its corresponding drawings or sample are stamped with the same number. The first entry Applications from Contractors to Bid. — At the outer office applications are received from contractors for 21 DOE St KOE • AKCHITECT5 : SAN CALLO • T&!>CAS 'wvv OFFICE DIARY --^^ ISSUE NO. FILE NO. DESCRIPTION SCALE DATE PUR.POSE. NAME REC'D SENT 15494 8^5 Tfrnuwt TUw' t uui^ /*•' y./,7 tlppiwaL a.VL. CUctiltur ^^7 'bavi/:!!^ florw- "Jfem* PIaiu It yV^XVMKJU "JCcxT -P^Au- n JtffJcot 5e*ci- PW. II '^\\p\,toL TTU-WiiiUl '?hxj^ .1 15495 sio 3 Ccjnw SUfc^ ^^-iS" ^•• Vz/'z E^tcuW- Stul^Cc. Vf/<7 3 C4U.& 5(u.th'*4i6 15496 ^os I c^ eatfi. ff^ SltuT* £.6-2. ^4:- V8/7 titutuxil- a.^.cju. V'4/i7 ^Hh7 2>. 4. 5, 6, 7. 8, q , HtAliu^ PU.t6 ■■ I 44.t" YJuiXtM^ SpU-l^cdunib 15497 ^AS Piott- frjl, Xaj^ffuf ofc K-'itckiM— /£■ yBf7 Qjf^Aevat Ci.0.lli*Jr m^r 15498 '44 \ c^a iM^A. A Stvttt 5^ 6. K^" V^/y ti-iMun. •liJocirBm. Vrx/.7 7. S.^, 10, II u 15499 yzo 1 A(u4Ci^ (t}^ UaXUiT ■\v<' fl^iwut Ci.ff.CnLctu. V.V7 ^wJ" uv £tlrran 15500 655 I CcrjujcrJSfcitl-*30 %" V.0/.7 6)Ci <0 nj Oi tC* CHITECTS -• SAN CALLO • TEXAS AND DISTRIBUTION 4 3JVQ .^- 1- .^ t^- ^-^^ STidoj '- t 1 T i ^ form U9 what part ioulaf pattern of radiator you have selected for the smaller rooms of the building. We also beg to be informed at your earliest convenience as to the portions of the building in which you desire temporary radiation to be placed-!? Yours respectfully, COLS & COMPAKT. V5^:/8 ^-i^. Exhibit io 30 THE ARCHITECT'S OFFICE a rude circle around his initials and the date of answer. If no answer is needed, "no ans." is written instead of the date. The circle indicates that the letter is ready for the files. All this is illustrated in the accompanying exhihit No. 10. In other cases a mail stamp, such as Kxiiihit No. II, containing spaces for the above records is put on the letter when opened. OFFICE OF DOE 6l ROE : ARCHITECTS. File No. 7^53 Enclosures 3 JIU Date of R«eipt 4m %C^^ Ans'd by 10. Da.t*ofAns 2i E.XHinn II The date stamp forms a part of the mail stamp. The person who opens the letter applies both at once, fills in the file number and marks the number of inclosures, if any, and in the lower left square puts the initials of the person to whom the letter is first sent for reading. Others who read the letter put their initials in other squares. The one who answers the letter places his initials in the upper right square and the date in the square below it. If the answer is tentative, a rough square is marked lozenge-wise about the date, otherwise it is understood to be final. If no answer is thought necessary the words "Ans. by" are stricken out and no date entered. If the answer is by wire, night letter or day letter, a note is made to that effect near the mail stamp. Enclosures accompanying letters are stamped with an "Enclosure Stamp," such as Exhibit No. I2. The blanks are filled and the enclosures are fastened by a clip below the letter which they accompany. •OFFICE OF DOE Si. ROE : ARCHITECTS | File No. 732) Date of Receipt TTUtrcK- -Vh, i9>& With Let- ter fttDtn Syk^s 6^ Co. Under Date of 7.0 Exhibit i: Correspondence and documents are invaluable as records, but their usefulness is greatly impaired unless they can be found without difficulty or delay. Hence the importance of systematic filing. Since there can be no doubt as to the best mechanism for keeping such papers, it may be assumed that the Architect will use the vertical filing system, in which papers are placed on edge, in folders so indexed that any subdivision of the correspondence may readily be found. Of methods of arranging papers within the drawers of the vertical filing system there are, in spite of sundry variants, three chief kinds, the alphabetic, the numeric and the geographic. Of these the simplest, that is to say the alphabetic, suffices for the use of almost every Architect. His work lends itself to a few (|uite obvious divisions corresponding to each of his commissions. Within these main divisions folders are arragned in alphabetical sequence each containing the correspondence of a single firm or individual. Within each folder, the sequence is chronologic. Since not all of an Architect's correspondence is directly related to a particular commission, one or more divisions for miscellaneous coirespondence or for special subjects, will be established in the files. Carbon copies of out-going letters are now usually made when writing the original and if the above system of filing is used, they find their places in the same folder as the incoming letters of the same corres- pondent, the whole forming a chronological series. The nature of the Architect's work does not, how- ever, make obsolete, as in commercial affairs, the keeping in copy books of press copies of out-going letters. If the Architect keeps such a book for each commission, he will find his letters relative to that work in a compact space. If in addition to the ordi- nary index, the copy of each letter has written on it the page number of the next preceding and next subsequent letter to the same correspondent, ref- erence to the series is greatly facilitated. As the Architect's establishment is rarely large enough to justify him in emoloying a files clerk, the filing of his correspondence has usually to be in- trusted to a stenographer. In any case, however, care and skill must be devoted to it since certainty and speed in producing any desired paper are essen- tial if loss of time and temper are to be avoided. For more detailed descriptions of filing methods and mechanisms, the Architect should consult the well prepared catalogues of the Librar\' Bureau and other manufacturers. The Duties of Members of the Staff. — As the duties of the several members of the Architect's staff be- come more sharply differentiated, definitions of them are made resulting in a series of written in- 31 THE HANDBOOK OF PROFESSIONAL PRACTICE structions or standing orders which, when taken together with a description of the organization and operation of the office, copies of printed forms, in- structions fortheir use, etc., become a "Book of Office Management." Such books are of use in coordinating the work of the staff and are especially valuable to one unused to the ways of the office, or when one un- used to the duties of a certain position has to fill it. In certain offices such instructions are extended even to draughtsmen, some Architects having written enter- taining pamphlets intended to inform them how to discharge their duties acceptably. The following, although greatly abbreviated, may serve as examples of such standing orders: Duties of the Mail Clerk: 1. The Mail Clerk shall open all mail except such as is addressed to individuals and on each letter he shall place the mail stamp, enter the file number, mark the number of enclosures, if any, and place the initials of the person to whom it is first to go, in the lower left square. (See Exhibit No. Ii.) 2. Enclosures shall be dated, have file number and be marked to show the letter which they accompany. They shall be placed under it and shall be attached to it by a clip. 3. The Mail Clerk shall sort the mail and deliver it to the per- sons for whom he has initialed it. 4. Circulars and catalogues shall be stamped with the mail stamps and sent to the file clerk, who will ascertain from the specification writer whether they are to be kept in the files. 5. In case of the absence of any member of the organization, his portion of the mail shall be delivered to the business manager, who will dispose of it. 6. The mail clerk shall receive and send out all packages which are to go by mail or express. Similar standing orders may be prepared to suit the practice of any office on such matters as the following: Draughting room practice, stenographers and typists, file clerk, care of books and drawings, telegrams, telephone messages, time-keeping, pay- ment of employees, holidays, etc. Instructions to Those who Dictate. — i. Stenog- raphers and typists are frequently left without sufficient work in the early hours and are greatly overtaxed in the late hours of the day. Those who dictate should therefore make every effort to des- patch their work at the earliest time possible. 2. One who is about to answer a letter should be sure that it bears the initials of all those who should have seen it and that he has their comment, if any. If no answer is needed he should place his initials in the upper right square of the mail stamp, strike out the words "Ans. by" and enter no date in the square below. (See Exhibit No. 11.) 3. The name of the correspondent, the subject of the letter and the file number should be stated to the stenographer. 4. Enclosures, if any, should be handed to the stenographer; if a letter is being answered it should be handed to the stenographer. 5. In writing to a correspondent about subjects related to more than one file number, dictate a separate leter for each file number. 6. Unless the dictator gives other orders, two copies of the letter will be made, one for the files and one for mailing. If the dictator requires others he should state how many and to whom they are to be sent. If an additional copy is to be made as a re- minder, he should so state. 7. In dictating specifications or reports, the dic- tator should state the title, file number, date and number of copies to be made. 8. The typist'swork is to be returned to the dictator with all copies and enclosures attached. He should verify all these, sign the letter only in case it is correct, initial the file copy and if a reminder copy has been made, indicate on it the date on which it is to be handed to him. If the letter is to be shown to others in the office, the dictator should put his initials on the lower margin. 9. When the outgoing letter is found correct, the dictator should promptly sign it, verify all enclosures, put his initials and the date on the mail stamp of the letter he is answering; if the answer is tentative, enclose the date with a square. If the answer is by wire, day letter or night letter, he should so note near the mail stamp. (See Exhibit No. 11). 10. The dictator must instruct the stenographer to make an abstract of any matter, either in the letter or answer, that should find a place in the "Work Book"; and must see that such abstracts are returned to him for verification just as if they were enclosures. 32 c u o z ^ u < CQ U) o t; c 'jn J u ^ H < C ii ^ S h2 ^ ° £ O u O o < & £^. < W oj ^ '« fc- ;j £1" ^ ^ ^ o 8 s_ o is •z o o w p 3 « s ^ <^ 8 o c _o o •z z s 2 » E o i- OS 5 " a: (y: H o ^: u «-M s S -1 w w 4-1 2S H2 ^ H -5 3 s * c^ O t/0 o z 8 o£ (« o ^-t tM u H u • TEXAS o^ EXPENSE RECORD ^ Charge to Account of. Expenses of Tra,n5porta.tion — Meab Hotel Mi5ceHa.neou& — On .59. Tota^l Exhibit 14 34 THE ARCHITECT'S OFFICE Direct Costs. — Certain costs may, by the aid of a proper system of accoimtmg, be ascribed with accuracy to the several pieces of work which are passing through the Architect's office. These costs may readily be divided into (a) making drawings and verifying shop drawings; {b) prochicing tlie manu- script of the specifications; {c) supervising the con- struction of tlie work. The Architect may wish to divide the draughting costs so that he may know separately the cost of sketches, of working drawings, and of detail drawings. Under the headings of (a), (b) and (c) respectively, it is proper to charge any time taken by the men performing those services while in conference with the Owner, with the Contractor, or with mechanics; or any time spent in travel, making schedules, or in clerical duties; provided that such expenditure of time is directly related to a definite commission and not of a general character. Now if each person engaged in [a], (b) or (c), as above, be required daily to make detailed entries on such a "Time Record" as Exhibit No. 15, and if the case but in sundry classes of work, as factories, residences, churches, etc. Overhead. — In addition to costs which may be directly ascribed t(j tlie several pieces of work in his office, the Architect has other costs, such as the rent, light and heat of his offices, supplies, postage, stenog- raphy, typewriting, bookkeeping, printing, etc., which in the aggregate are spoken of as his office overhead. The Institute's "Form of Agreement between Owner and Architect, on the Fee Plus Cost System," (Appendix F), provides in Section (d) of Article 3 that the Architect shall be paid " per cent of item (a) of this article" as reimbursement for overhead. If the Architect is to know what percentage it is equitable to name in the above clause, he must have ascertained from his own practice the ratio of his overhead (d), to the cost of his draughting, etc., (a), over a given period. It is obvious that the ratio of indirect to direct costs will vary considerably in different offices at the TIME RECORD DOE AND ROE ARCHITECTS SAN GALLO TEXAS NAME . . W EEK E NDIN< 19 SAT. 6 UN. mOn Tues. WED. THuns Fflr. TOTAL EXTRA TOTAL R T . T I* T. 0. T R T. 0. T. n. T 0. T. I* T. 0. T R T. 0. T. R T. 0. T. Uote. f-J. iaiXcitci KefiUar Tim* , O.T , ''ver-Ttm*. . Exhibit 15 time thus shown as spent upon the several works in the office be transferred to a "Cost Record" such as Exhibit No. 16, the Architect learns without great labor or expense what he wishes to know. Interesting information is to be had from such a process in each case to which it is applied. If such information be classified and summarized for a period of years, it is of great value as showing the ratio of overhead to direct costs, of direct costs to gross receipts, etc., not merely in the individual same time, and in the same office at different times. I bus, other things being equal, an office paying a high rent per square foot will have a higher overhead than one paying less. If in the same office a normal volume of business be largely increased or decreased, the indirect costs not changing greatly, their ratio to the direct costs will correspondingly decrease or increase. Thus with a normal volume of work the Architect's overhead may be 75 per cent of his direct costs, while with a change of volume it may rise to 35 DOE fit ROE • ARCHITECTS : SAN CALLO • TEXAS c'-vv COST RECORD -^^d FILE NO. BUILDING Date Name, of Man, Rate perHr Hours Drwg. Cost of Drawing Hours Spec. Cost of Specifications Hours Spvn. Cost of Supervision Total Cost 'Brought: Forward Total Forward. ' • 1 Exhibit :6 36 THE ARCHITECT'S OFFICE lOO per cent or fall to 50 per cent. It is wise to cal- culate the average percentage of overhead for a period, of say a year; for if it be calculated monthly it will be found to vary greatly, running up quite abnormally at certain times, as during the months when draughtsmen are on vacation. In determining the relation of overhead to the cost of draughting, etc., some Architects take the view that the cost of the individual draughtsman's services bears no very direct relation to overhead, since a draughtsman earning a low salary takes up the same space in the office and gives rise to the same amount of bookkeeping, correspondence and other overhead charges as does one earning a high salary. They therefore relate the total number of hours spent in draughting, etc., (a), during a given period, to the overhead, ('! '9 Minor receipts 2,000 Gross Receipts $58,119 Expenditures Cost of travel, experts, etc., reimbursed $5,000 Direct costs, estimated as previously explained. . 15,000 Indirect costs or "overhead" estimated as ex- plained above 10,000 $30,000 Profits as previously shown $28,1 19 Less profits shared with employees and associates $4,1 19 Net profits divisible among members of the firm $24,000 Ratio of net profits to gross receipts minus reimburse- ments ($24,000 to $58,119) 45io% Ratioof "overhead" todirect costs ($io,oooto$i5,ooo). 66| % Ratio of "overhead" to all expenses except travel, experts, etc., reimbursed ($10,000 to $25,000) 40% 40 SURVEYS, PRELIMINARY STUDIES AND ESTIMATES Part III SURVEYS, PRELIMINARY STUDIES AND ESTIMATES, WORKING, DRAWINGS AND SPECIFICATIONS Chapter Fifteen The Survey and Information to be Furnished by the Owner In the Institute's forms of Agreement between Owner and Architect, and indeed in any properly drawn form of such agreement, there occurs a stipu- lation such as the following: "The Owner shall furnish the Architect with a complete and accurate survey of the huilding-site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, res- trictions, easements, boundaries, and contours of the building- site, and full information as to sewer, water, gas, and electric service." Such stipulation is, however, merely the formal record of a well-established custom and of an obvious duty of the Owner. At an early day the Architect should, in writing, ask the Owner to furnish the above survey and information and should draw his attention to the importance of employing a competent surveyor. He ought to call the Owner's attention to the necessity for careful search and extreme accuracy in the legal information to be furnished. The Architect, if he thinks it well, may inform the Owner that he will, if desired, furnish detailed instructions for the use of the surveyor. The Architect, if he should deem it wise to do so, may verify the information given to him as to sewer, water, gas, and electrical service, but he should secure such verification in writing from the appropriate city departments of public utilities companies. The case as to the accuracy of the survey and of the information furnished by the Owner as to the rights, restrictions, and easements of the site is different, since a verification could scarcely be within the province of the Architect. Many instances of trouble and expense due to the failure of the Owner to furnish complete and accurate information might be cited, but that in Chapter Seven will suffice. In that case the Architects state: "It was only through our having requested, in advance, information on all restrictions that we were held blameless." The Architect, in preparing his instructions to the surveyor, may find assistance and reminders in the following: Check-List for Instructions to the Surveyor Boundaries Show boundaries of property as indicated by existing landmarks and by recorded deeds. Boundary and Other Roads {a) Show all existing railroads, roads, and private rights of way, all traveled ways, turf-planting strips, curb walks, street railways, lamp-posts, electric-wire posts, fire-hydrants, manhole covers, and catch- basins. {b) Indicate exact location of all sewers, water and gas-mains and of street connections to them; state sizes of water mains; size and location of water-taps and service stub at curb; size and depth of sewers; if last is not available in front of property, then give depth and size of sewer and direction of flow as found in manhole nearest in each direction. If any of this data is unobtainable, state at least whether such mains exist or not in each street. (f) Indicate width of traveled ways, sidewalks, and planting-strips. Interior Features Indicate all interior roads, drives, walks, culti- vated areas, fences, walls, pits, quarries, hedges, large boulders, ditches, culverts, catch-basins, water- courses, ponds, swamps, springs, wells, cisterns, hydrants, lamp-posts, electric-wire poles, outlines of all buildings, etc. Furnish full information as to all water-, gas-, and sewer-pipes and electric-supply lines, or make note if any exist. 41 THE HANDBOOK OF PROFESSIONAL PRACTICE Location of Trees and Foliage (a) Indicate on map, by sketch, freehand line, approximate extent of overhang of branches of iso- lated trees, of masses of trees and high bushes. Show all isolated trees over 3 inches in diameter of trunk. {b) Show all principal trees along fence-lines. Elevations (a) Give figure of elevation to nearest tenth of a foot of normal surface of water in ponds, brooks, and swamps. (b) At bottom of every culvert, on top of retaining walls, at grade crossings of railroad, and at overhead or under-crossing bridges, as well as established grades at curbs and building Imes. (f) Of first floor and of basement or cellar floor of all buildings and of the ground at their entrances and at foot of steps connected with same. (d) At top and bottom of all outside flights of steps. (e) Along lines of all roads bounding upon, leading to, or within the property, with sufficient frequency to indicate gradients. (/) At base of all surveyed trees. (g) If there be buildings adjoining the site, give their floor-levels. Contours Show contour lines for each foot of elevation, except on very steep banks, where they may be for each 5 feet of elevation. Datum From the official datum establish bench-marks for use in running levels. Easeynents Clearly and fully describe all rights, restrictions easements, etc., of the Owner's property, or any other facts relative to it that may aff'ect the Archi- tect's work. Party Walls Show all party walls, their location, thickness, height and variation from plumb-lines. Draughting The map is to be in ink on tracing-cloth at scale of — feet to the inch. No water-color to be used. True magnetic meridians to be shown by simple arrows on margin of map. The title to be in small letters on lower left-hand margin, giving Owner's and surveyor's names and date, and scale of map. As the Owner pays the cost of borings or test-pits or experiments for determining the nature and bear- ing capacity of the soil on which the building is to be erected, the Architect, in this connection, if such instructions have not been included in those given to the surveyor, should ask the Owner's authority to employ, on his behalf, the necessary expert or labor and should issue proper instructions as to the way of carrying on the work and the facts to be determined. If the building is to be leased m whole or in part, copies of the lease or leases should be furnished by the Owner to the Architect in case they in any way afl^ect the work of the latter or of anv contractor. Chapter Sixteen The Survey of an Existing Building When a building has to be altered or extended, the Architect must procure a survey of it. In most cases such a survey will be needed even before the preliminary studies are commenced. Of use in this connection may be found the following: ORDER TO AN ARCHITECT'S SURVEYING PARTY Equipment The party will be equipped with the items checked below: 50-foot tape, 100-foot tape, 6-foot foldiiiR rule, 12-foot mtasuring-rod. Plummet and cord, Transit, tripod, and rod, Sheets of cross-section paper, A camera and films. Measurements and Information The party will collect such of the following measurements and information as may be necessary to a complete survey and any other not there named but necessary. Outside Dimensions Take through measurements wherever possible. Always take running measurements. Height from an established point to top of cornice or eaves and to top of adjoining buildings on either party line. Material and general condition of walls and roofs. State whether there are any party walls and if so, where; obtain thickness ol same at each floor. Height of first floor Irom grade at all corners of buildings. 42 SURVEYS, PRELIMINAEY STUDIES AND ESTIMATES Location of all doors and window openinKs, and width and height of same, in clear; iiiatirial of outside sills — stone, brick, wood, etc. In stone or brick walls the measurements shall be those of the masonry openinRs. Note outside shutters and blinds. Number, dimensions, material, and condition of outside steps. Location of outside cellarway, and condition. Location of water-drains and rain conductors; material and condition of conductors and roof-butters; locati(jn and condition of water-draws and hydrants. If impossible to obtain e.vact height of chimneys from roof, obtain approximate height, where of brick, by counting courses. Porches Len(;th and width; if supported on piers or posts, obtain loca- tion and dimensions of same. Dimensions and distance on cen- ters, of columns or posts, and balusters; dimensions of railings and height of railings and cornice or eaves. Material of floor, and condition. Number, dimensions, and material of porch steps. Inside Dimensions Take as many through measurements as possible, to serve as checks. Always take running measurements. Obtain complete survey and data of each room before leaving it. Cellar Thickness, material, and condition of outside walls. Location of all exterior and interior openings, window measure- ments to be those of the sash; sill heights from floor. Ceiling height, floor to bottom of joists. Location and dimensions of all piers and dimensions of all girders. Size of joists, spacing on centers, and direction of run. Material and condition of floor. Location and dimensions of coal- and ash-bins. Indicate course of house-drain and points where house sewer and water-main enter building. Note position of floor-drains. Location, make, and condition of furnace or boiler. Note position of all light outlets, gas-, electric- and water- meters. First and Upper Floors Dimensions of rooms and halls, locating all doors, windows and arches. Ceiling heights in clear, and thickness of floor. Indicate run of joists. Inside dimensions of closets, also relation of dividing partitions (in a row of closets) to closet door. Thickness of all partitions and exterior walls, also material of same. Note if exterior walls are furred. Note if windows are double-hung or casement, reveal or plank front, thickness of sash, number of lights per sash, quality of glass, distance from floor to bottom of sash, sash size (width and height). Note inside blinds. (Rough detail of box or frame where required.) Width, height, and thickness of all doors, number of panels per door, general character and condition. Note any transoms. Dimensions, material, finish, and rough detail of trim, skirting, chair-rail, picture-moulding, and wainscoting in each room. Width and projection of all chimney breasts. Height, width, and depth of fireplace opening; length and width of outer hearth; material and condition of backs and jambs; and outer and inner hearths. Height and character of mantels. Kind and condition of floor in each room, condition of ceiling; note if there are any plaster cornices or decorations, if walls arc painted or papered. General location of light outlets, receptacles, switches, tele- phones, bell-pulls, speaking-tubes. Lxact location of heat-registers or radiators. Dimensions of sideboards, bookcases, window-scats, wardrobes and any other furniture built into the building. Stairs Height of stories floor to floor and landings between stories. (Get running line of these heights wherever possible.) I liickness of floors and direction of joists. Number of risers in each flight and dimensions of riser, treads and landings. Kstablish the start and finish of each flight of steps from some well-defined point. Material, condition, character and general detail of steps, posts, handrails, and balusters. Kitchen Size and location of sink and drainboards. Size, location, make, and condition of range, boiler, and water- heater. Size, location, and general character of dressers and slide to pantry. Location of annunciator and number of points on same. Gen- eral position of bells or buzzers and from where controlled. Loca- tion of telephone or speaking-tube. Pantry Size and location of sink and drainboards. Size, location, and general character of dressers. Location of annunciator and number of points on same. Gen- eral position of bells or buzzers and from where controlled. Loca- tion of telephone or speaking-tube. Laundry Size, location, material, and condition of laundry-tubs. Size, location, make, and condition of laundry-stove and clothes-dryer. Size and location of clothes-chute. C.oldroom Size, make, and condition of refrigerator. Size and location of any shelving. Plumbing Location and size of all plumbing fixtures, medicine-closet, and shower-bath enclosures. Location of soil-pipe. Plumbing open or concealed. Condi- tion of plumbing. Attic Pitch of roof, size and spacing of roof rafters. Location, material and condition of water-supply tank. Height of ridge board from upper floor if possible. Pliotographs 1 ake such general views as may seem of service. In taking views of details, place a scale, with inches plainly marked, near the object to be photographed. Note. — The above Check-list applies primarily to a residence, and may be modified to cover the requirements of any other type of work. 43 THE HANDBOOK OF PROFESSIONAL PRACTICE Chapter Seventeen Preliminary Studies and Models A series of preliminary sketches, sometimes a long series, has usually to be made in the process of fully studying the possibilities of the problem and in endeavoring to find within the imposed financial limits a solution acceptable alike to Owner and Archi- tect. The final set of sketches should express with clearness the design of the building as a whole. Each sketch should be marked with its file number and date, and each series of sketches should have an identifying letter. Sketches are frequently made on scraps of paper and destroyed as soon as made. This is an unfortu- nate practice, since the inspiration of the moment thus lost might on further study prove of great value. All such scraps should be pasted on a sheet of standard size and preserved. Thus the Architect will have a complete and interesting record of the evolution of his scheme and will be able, should occasion arise, to present evidence of the labor and thought given to the problem. Preliminary studies should be amplified by per- spective sketches, which, however roughly and quickly done, will prove of value in the study of composition and detail. Should the Owner wish to have a perspective drawing or painting made by an artist who is not a member of the Architect's staff, it is customary and proper that he, the Owner, should bear the expense of it. Owing to the proneness of the Owner to mislay sketches or to keep them, the Architect should have copies made for his own use before presenting the originals. Owing to the fact that the Owner is so frequently unable to understand sketches and drawings and is so prone to take erroneous views of their meaning and of the wisdom of the scheme proposed, the Archi- tect should himself present and explain them. Many misunderstandings and much trouble will thus be avoided. Frequently the preliminary studies have to be amplified by models, which greatly facilitate the study of mass, proportion, scale, and the relation of parts. A model of the intended building may be found of use for various reasons, as, for example: {a) To enable the Architect the more fully to study his work before or while making the working drawings. (b) To enable the Owner the better to understand the design of the building. (f) To interest the public or to stimulate subscrip- tions to the project. Models are made at the cost of the Owner, but the Architect must necessarily furnish all information as to his design, and he should supervise the con- struction of the model. Models frequently prove their value by forcing changes in the design. If they are an expense to the Owner they are equally so to the Architect, yet in spite of this the Architect should insist upon, and the Owner should consent to, their construction whenever the nature of the case makes such a course advisable. Chapter Eighteen Preliminary Estimates One of the Architect's most serious tasks lies in estimating the probable cost of the work. To the Owner the reasonable correctness of such an esti- mate is of prime importance, since his course will be guided by it. It is as true today as it was in Shakespeare's time that "When we mean to build, We first survey the plot, then draw the model; And when we see the figures of the house, Then must we rate the cost of the erection; Which if we find outweighs ability. What do we then, but draw anew the model In fewer offices; or at least Desist to build at all." While the Owner is warned by his agreement with the Architect that "no estimate made before the completion of working drawings and specifications can be regarded as other than an approximation," none the less, the Architect should see to it that such an approximation is as close a one as he can make or secure. The Architect for his own estimate usually adopts the method of "cubage." That is to say, he mul- 44 SURVEYS, PRELIMINARY STUDIES AND ESTIMATES tiplics the niimhcr of ciiliic feet contained within the outer surfaces of the huiklinp; hy what he judges to be the cost per cubic foot. Such a method, rouf;h as it is, if applied by an Architect of skill and experience, yields in the early stages of the work, results quite as correct as any other. The difficulties of assigning a reasonably correct price per cubic foot is, however, very great. Costs on the same type of structure may vary 30 per cent within a year on account of changes in the market; and the same structure may cost 30 per cent more in New York or San Francisco than in a small place in the South or Middle West. The importance to the Architect of accurate information as to cubic-foot prices is therefore very great. He shoidd keep careful records of such costs. When making an approximate estimate he should use them and whatever similar information he may be able to obtain. The cubic-foot method is valueless unless based on live and reliable information. As there is no generally recognized method of cubing a building, the Institute is from time to time asked to establish a standard. Perhaps the best way, when there is nothing peculiar about either the building or its foundations, is that indicated above, t. e., to calculate the entire cubic contents enclosed within the outer surfaces of the building, regarding the cellar floor as one of them, and to multiply it by a reasonable average price per cubic foot. To the result should be added the estimated cost of the foundations, if unusual in kind or amount. If any variation in cost per cubic foot be thought necessary for certain parts of the building, those parts ought to be separately cubed and priced. If the Owner desires a more definite approxima- tion of cost than is likely to be reached by the method of cubage, he should employ, or authorize the Architect to employ for him, trained estimators and the Architect should so operate with them as to provide all information necessary to the making of a fairly accurate estimate. If at the time of making the preliminary estimates it has been decided to make use of the "Quantity System" (see Chapter 26), the problem is simpli- fied, as the making of such estimates is a part of the quantity surveyor's duty. If the Owner impose an unconditional limit of cost, it is the Architect's duty to use every effort to make the work conform thereto, but he should have it clearly understood with the Owner that in such a case, as stated in Appendix B, Article 2, he is to be free to make such adjustments as seem to be necessary to effect that end. Preliminary estimates are a test of intellectual honesty. The temptation to name too low a price in fear of displeasing the Owner or in the hope of luring him on is too strong for some minds. Such a course leads to bitter disappointment on opening the proposals and to the heartbreaking work of cutting all that is best out of a design to get a lower bid. All the above being true, it is still fair to warn the Owner that opinions as to the value of a given piece of work may, with entire honesty, vary greatly. If the highest and lowest bidders, with careful working drawings and specifications before them, differ, as they often do, by 30 or 40 per cent, how can it be wondered at that preliminary estimates made from mere sketches should show wide variations from the lowest bid. Therefore, while the Architect owes his best effort to the Owner in so important a matter, the Owner must in justice forbear hasty judgment if the Architect fail to display the gift of divina- tion. Chapter Nineteen The Delivery and Acceptance of Preliminary Studies. The Ordering, Delivery, and Accept- ance of Working Drawings and Specifications From the legal point of view, proof of the delivery of preliminary studies or of working drawings and specifications may be a necessary prerequisite to the collection of the Architect's fees. Evidence of de- livery should therefore be preserved, but, as mere delivery has not the same legal import as acceptance, it is well to secure from the Owner a formal accep- tance or approval. This distinction is discussed in Chapters 26 and 27 of Blake's "The Law of Archi- tecture and Building." When there is a Building Committee, such ap- proval takes the form of a resolution, a copv of which should be furnished to the Architect. If he be not furnished with it, the Architect should include in his minutes of the meeting a statement that such a reso- lution was adopted, and send a copy of the minutes 45 THE HANDBOOK OF PROFESSIONAL PRACTICE to the chairman or secretary of the committee. In the case of a private Owner, whose acceptance is generally oral, it is well in writing to him, to note such approval. While an order to proceed with working drawings almost necessarily includes the idea of an approval of the sketches, the converse is not necessarily true. Therefore, it is wise to secure an order so to proceed. If such order is not in writing, it is well for the Ar- chitect to write to the Owner that he has noted the Owner's instructions and that he is proceeding to make such drawings. In the absence of any record of instructions to proceed, if the Owner knows that the Architect is going on with the drawings and specifications, and especially if he confers with the Architect about them or gives instructions as to them, such facts may be regarded as tantamount to an order for them. Immediately on finishing the working drawings and specifications the Architect should deliver a cbmplete set of them to the Owner and should re- tain evidence of having done so. Here, again, as noted in the case of preliminary sketches, delivery and acceptance are not of the same legal import. The Architect ought therefore to secure acceptance or approval at as early a date and in as definite a form as he can. When the work proceeds in a formal manner, the approval of the working drawings and specifications is generally given by the building committee in a resolution which also may order that proposals be invited. Ordinarily, however, such steps are less formally taken, the Owner's consent to the asking of proposals being good evidence of his satisfaction with the drawings and specifications, and the letting of the contract being the best evidence possible of his approval of them. Chapter Twenty Working Drawings The Architect owes to the Owner, and to all who may be connected with the work, the duty of making the working drawings and specifications as complete, clear, and thorough as it is possible to make them. They are, in a certain sense, the most important of the documents constituting the contract. It is in them, quite as much as in supervision and adminis- tration, that the Architect must exhibit the "due diligence and reasonable skill" that the law requires of him. Their careful preparation is the best form of insurance against trouble during the execution of the work. On their quality depends exactness in estimating and effectiveness in competetitive bidding. The Institute's "Circular of Advice Relative to the Principles of Professional Practice," (Appendix B) says: "As the Architect decides whether or not the intent of his plans and specifications is properly carried out, he should take special care to see that the drawings and specifications are complete and accurate, and he should never call upon the contrac- tor to make good the oversights or errors in them nor attempt to shirk responsibility by indefinite clauses. " Working drawings are neither studies nor sketches nor pictures, — they arc working drawings. A good working drawing is that which gives the builder exactly the information he needs to build from, no less and no more. It must be clear and clean and simple. It must be arranged in an orderly and readable manner on the sheet. It must be accurate- ly drawn, so that scaled measurements will agree with figures. It must present the essentials and nothing superfluous. It must avoid unnecessary repetitions. All titles for drawings must be explicit and com- prehensive but brief, so that the title, copied on the index to drawings, will tell exactly what the draw- ing covers. A good, short, comprehensive title is hard to compose. Learn to do it. All final dtawings are to be placed upon a sheet of a size standard for that job. No drawings of odd and fragmentary sizes should be permitted. In every set there should be provisions for sheets for the miscellaneous drav^^ings and details that are in- evitable. These sheets, with border lines ruled and certain titles printed, are kept in the file-room. On working drawings being authorized by the Owner after approval of preliminary sketches, the head of the office, or a capable draughtsman (de- signated as Captain of the job) should prepare a list of the drawings necessary, determine on the size of the sheets, what should go on each sheet, and the parts necessary to be detailed at a larger scale, and arrive at the number of sheets required. All sheets should be equal in one dimension for binding completed sets, and each sheet should be numbered 46 o z uJ u ^J^WVOD s! ^ 1 \ ■/V/J S.^JlNlVd 1 1 1 ■>{31SVld V) ^ 03aN3dsns (ft 1 1 ^ f- nnvA yo 3 AH no > 1 1 ( DOE & ROE- AB-CHITECTS : SAN GALLO • TEXAS - SCHEDULE OF INTERIOR WORK -: 1 U X :? C c ■u .E "0 -1 _l 1 D.ai,w i^niDid 1 a 11 W HD Mojjg yjisvid u VJ 1/Vy WVHD (3 3 lODSNiVM c3 1 >-• NId S:HllNlVd 1 s 1 3DVd IIVM ^ isva k CI,- -J LL SQ10HS3>iH± N fQ c^ 3 H^INld 1 1 1 IVI'dJlVW K 5 2 NOI±VNOiS3a V) -J E 1 1 ■y3gwnN - ^rjZ)Si-> 47 THE HANDBOOK OF PROFESSIONAL PRACTICE at as early a stage as possible, for the convenience of the specification writer; also the rooms, windows and door openings, stairways, etc., should be num- bered as soon as possible for the same reason, as the specification, should be in hand as the drawings progress. As the work develops, drawings of parts at large scale and even full size should be roughly made where- ever necessary, to prove that the expression on the plans or elevations is possible of execution. These should invariably be preserved to aid in the prepara- tion of the details after the contract is signed, and if such rough details have been approved by the Architect or his deputy, initials and date should be placed thereon and all kept in the portfolio devoted to that particular commission or work. Schedules which are in a sense of the nature of drawings and specifications may frequently be of value in presenting certain subjects more clearly than do drawings and specifications alone. Such schedules may be applied to many subjects, as: brick courses; lintels and arches; columns and foot- ings; doors, trims, and frames; room finishes; wall finishes; floor surfaces; hardware; master keys; plumbing fixtures; minor bathroom fittings; lighting fixtures; culinary apparatus and its connections; laboratory equipment and connections. As a sim- ple example of such a schedule, see Exhibit No. 17. The use of such schedules necessitates extreme care in the avoidance of any indications in the draw- ings or specifications at variance with the schedule. In other words, if a given subject is to be fully treated in a schedule, it is wise to avoid its treatment in the drawings and specifications other than by mere reference to the schedule. Chapter Twenty-one Specifications Although the Institute's Standard Form of Gen- eral Conditions of the Contract, (Appendix K) does not refer to the subjects named below, many archi- tects include one or more of them in their General Conditions. Many of these subjects are better placed in the specifications for the various trades; and others, though suited for inclusion in the General Conditions, are not always needed. The subjects are: Bracing building during construction, Charges for extra copies of drawings, Chases, Checking by surveyor and his certificate, Contractor to keep the work in repair, Contractor to lay out the work, giving lines and levels, Contractor to work overtime if required, Fences, Heating during construction, Insurance against lightning, wind storms, hail and earth- quake, Keeping building and cellar free from water, Ladders, Lanterns, Legal description of property, Offices and their furniture, Permission to use articles or methods other than those speci- fied, Photographs, Protection and care of trees and shrubs. Protective coverings in general. Pumping, Sanitary conveniences, ScaflTolding, Sheds, Shoring and securing in place structures, earth, or public service. Sidewalks, Smoking in building. Special cleaning other than "broom clean," as in Article 33, Stoppage of work in freezing weather, Telephone, Temporary enclosure from weather, Temporary stairways, Temporary water. Temporary wiring and electric lights, Tests, Vault permits. Watchmen. No satisfactory treatise on specifications has been written, and this is not the place to attempt one. Brief reference may, however, be made to some agen- cies that may be of service to the specification writer. Sundry skeleton forms for, or checklists of, speci- fication items have been published. Many technical societies have made or are now making efforts to standardize specifications in their own field of ma- terials or workmanship. A list of the names of such societies and a codification of their efforts have been published in the Joiirixal of the American Institute of Architects, beginning January, 1917, in the "Structural Service Department" of that /owrwa/. The American Institute of Architects has a "Struc- tural Service Committee" and a subcommittee on the same subject in each of its Chapters. 48 IHK LpyiTING OF CONTRACTS There are sundry private or corporate aRencics, the purpose of which is to afford aid to the speci- fication writer. Standard forms of specifications are pubhshed by manufacturers and dealers in l)uilding materials and appliances, which, although com- mercial and advertising in their nature and purpose, frequently contain many useful suggestions for ar- chitects, and are often accompanied by valuable constructional details. Until recent years many specifications were written or printed upon paper of legal cap size and bound at the top. Now they are very generally, and should always, for the comfort of those who have to use them, be put upon paper of standard letter size (Sy^ X II) and bound at the left edge, thus con- forming to the size of the sheets on which all the Institute's documents are printed. Specification writers should use the words "shall" and "will" with proper discrimination, as e. g., — "Certain things shall be done by the Contractor, other things u,nll be done by the Owner!" The use of the words "to be" leads to obscurity and indefiniteness. Use "are to be" or "shall be" instead. Part IV THE LETTING OF CONTRACTS Chapter Twenty-two Competitive Bidding Under the system of competitive bidding, each contractor invited, or in case of public work each contractor who wishes to, submits a proposal to execute the work for a definite sum. The method is so simple that at first sight it has every advantage. The Owner has before him proposals, the desirability of which would seem to be in inverse ratio to their amount. Now this might be so if all the bidders were of equal responsibility and competency but, unfortunately for the method, they rarely are. The best builder of a given locality may be pitted against the worst, so that the criterion of mere price ceases to have real value. Indeed, it generally has a false value, since the lowest figure is apt to outweigh the less obvious advantages afforded by the more competent bidder. Unfortunately, too, the law, in cases of public work, requires an award to the "lowest responsible bidder," an expression scarcely capable of exact definition, yet one which leaves the public authorities slight chance in court if they made an award to a thoroughly capable bid- der at any figure but the lowest. As each contractor's aim in competitive bidding is to secure the work for himself, and as there is or- dmarily no chance of this unless his bid is the lowest, he naturally applies his whole mind to keeping the price down. Now this may be legitimate enough as applied to the work that he is to do with his own force, but if he is to be a general contractor he has ordinarily to employ a score or more of subcontrac- tors. His proposal depends far more on the bids that he gets from them than on the value be puts on his own work. To get the lowest sub-bids he must invite a host of subcontractors to bid to him, and, unless he is a man of strong character, he does not inquire too closely as to the honesty or compe- tency of the lowest bidders, for if he does, the work will go to someone who has not done so. Now, unless the greatest care has been taken to include in the invitation none but bidders of the highest character, the lowest bid is likely to come from a contractor who has made it by adding to the cost of his own work all the lowest sub-bids he could get and then perhaps knocking off something in the hope that a lucky chance will leave him a profit. If he gets the contract he does not close with the men whose bids have enabled him to win the work, perhaps a poor enough lot, but he employs every art further to depress their bids or he seeks out other subcontractors at still lower figures. It needs little imagination to picture the result of such a course on the quality of the work; and the course is not an unusual one. Such contractors are mere brokers of other men's services. Their interest is not in the 49 THE HANDBOOK OF PROFESSIONAL PRACTICE integrity of the work. They do not long keep up even an appearance of directing it, for as soon as trouble comes they throw onto the Architect the burden of the fight with incompetent subcontrac- tors. Such results of competitive bidding are as repugnant to honest and capable builders as to architects. There are fortunately several ways by which the Owner, unless compelled to advertise for bids, may avoid the chief evils of the competitive system. (a) If he have sufficient force of character, he may refuse to have upon the list of bidders any con- tractors except the most reputable and competent. Unfortunately, the owner rarely recognizes the im- portance of a well-chosen list. He yields to the importunities of contractors indifferently qualified and promises them a chance to bid, in the hope that none of their bids will be the lowest, and, in the end, he generally awards the contract to one of them under the futile notion that the Architect can by super- vision force such a contractor to build properly. (On what supervision means, see Chapter 36.) It is because of the great importance of excluding all but well-qualified bidders from the list that the American Institute of Architects provides in its Circular of Advice (Appendix B, Article 6), "The Architect should advise the client in the selection of bidders and in the award of the contract. In ad- vising that none but trustworthy bidders be invited and that the award be made only to contractors who are reliable and competent, the Architect protects the interests of his client." (b) The Owner may reserve some of the more im- portant branches of the work to be bid upon sepa- rately as explained in Chapter 24. (f ) The Owner may carry on the whole work under the "Separate Contract System" as explained in Chapter 24. (d) The Owner may avoid the competitive sys- tem altogether and let his contract by the system of "cost plus a fee" as explained in the next Chapter. Chapter Twenty-three Methods of Contracting for the Execution of the Work There are two chief methods of contracting for the execution of work. The one most generally in use is that under which the Contractor agrees to perform the contract for a stipulated sum. The Institute's "Standard Form of Agreement between Owner and Contractor when a stipulated sum forms the basis of payment" (Appendix J) is especially adapted for such use. The method of a stipulated sum is usually employed in connection with competi- tive bidding (see Chapter 22). The assurance which it seems to give the Owner of knowing in advance how much his work is to cost him is sometimes more apparent than real. It puts the Contractor in a frankly commercial position, his chief interest, that of making all he can out of the contract, being at variance with the Owner's chief interest, that of having the work as well executed as possible. On the whole, however, the method is a workable one, as the enormous amount of construction done under it testifies. The other method is that under which the Con- tractor is reimbursed the entire amount expended by him in doing the work, and for his own services is paid either a fixed sum agreed on in advance or a certain percentage of the amount reimbursed as above. The Institute's "Form of Agreement be- tween Contractor and Owner when the cost of the work plus a fee forms the basis of payment" (Appendix 0) has been prepared for use with this method. Granted that an honest and capable contractor has been chosen, this method has many advantages. The Contractor does not occupy a purely commercial position but a quasi-professional one. He is in many important respects the adviser of the Owner, and his chief interests, the rapid, sound and economic execution of the work, are the same as the Owner's. Work may, under this system, be conducted in two ways. First, if the working drawings and specifi- cations be finished, definite proposals may be pro- cured, the Contractor agreeing to execute the work as drawn and specified for a stipulated sum, or, if the result of the cost-plus-fee method be less, then to accept that result in lieu of the stipulated sum. Second, if it be desired, work may be started at an early date, since it is not necessary that working drawings and specifications for all parts of the work be completed before a start is made. In this way the Owner may keep closely in touch with the Ar- chitect while the work progresses, and he may have greater freedom in making changes than when the work is to cost a stipulated sum. .SO THE LF/niNG OF CON'IRACTS However, this very facility for making changes generally imposes an increased expense on the Ar- chitect, who also has to spend more time and to assume more responsiliillty in the verification of the Contractor's accounts tlian when the contract is to be performed for a stipulated sum. It is for this reason that the "Schedule of Charges " (Appendix D, Article 7), and the "Agreement between Owner and Architect" (Appendix E, Article 5), provide that "if a contract be let by cost of labor and mate- rial plus a percentage or fixed sum" the Architect "shall be equitably paid for such extra service and expense." It is the practice in some offices to pro- vide for the additional cost of verifying the Contrac- tor's accounts by the employment of one or more men as time and material clerks, whose duty it is to keep a daily check on the pay roll and materials received and to value work in place. The.se men are selected and employed by the Architect and paid for by the Owner, and become a part of the Owner's auditing department. 'I he method of "cost plus a fee" is growing in favor. On the one hand, it is very useful where the ultimate cost, as in alterations, cannot be foreseen with reasonable accuracy; on the other hand, the method is applied with entire success to new build- ings, even to those of the very greatest size and complication. Chapter Twenty-four Letting the Work Under One, Several, or Many Contracts The Owner's interest is likely to be favorably or unfavorably affected by a decision as to the number of contracts under which his work is to be let. The Architect should, therefore, give careful considera- tion to the circumstances of the case and advise the Owner as to his wisest course. Throughout the ages the world's buildings have been erected by labor and materials paid for directly by the Owner or else through the employment of masters of the several trades or guilds, each doing that part of the work in which he was skilled. The system by which one contractor undertakes to do all the work of an entire building did not come into being until comparatively recent years. The Single Contract System The advantages of letting all the work under a single contract seems to be obvious. All responsi- bility is concentrated upon a single contractor; all communication is to be held, at least in theory, with him and if he does not execute all the work through his own staff, he has subcontractors whom he must manage, whose operations he must harmon- ize, and for whose every act or failure he is to be answerable. In truth, if the single contractor be honest and capable, skilled in the craft of building, an able administrator, furnished with ample capital and equipment, his employment offers the most satis- factory method for both Owner and Architect. If it were always possible to be certain that competitive bidding would result in the award of the contract to such a person, there would be no need to take thought as to any other method of letting contracts But, however devoutly such a consummation is to be wished, the Owner, oftener than not, finds him- self bound in contract with one far removed from that ideal. Some of the reasons why such an ideal is not generally achieved have been stated in Chapter 22. The System of Several Contracts If it often works badly to entrust everything to one contractor, perhaps something may be gained by a partial return to the old system of separate contracts, letting the more difficult and critical branches, such as plumbing, heating and ventila- tion, electrical work and elevators to contractors whose own force actually executes the work. Such a system is very largely in use. By it the Owner, if not bound to advertise for bids, may confine his invitation to tradesmen of known skill and probity. He can give careful attention to the letting of each contract, and, for work of a good quality, he will generally receive closer bids than would be sent to general contractors. That this is a desirable practice is shown by the fact that the American Institute of Architects at its convention of 1913 by resolution recommended it, for the trades above named, "in the conviction that direct letting of contracts as compared with sub- letting through general contractors affords the Ar- chitect more certain selection of competent contrac- tors and more efficient control of execution of work and thereby insures a higher standard of work, and, at the same time, serves more equitablv the financial interests of both 0\vner and Contractor." SI THE HANDBOOK OF PROFESSIONAL PRACTICE This practice has become so well established that certain states, e. g., New York, New Jersey, Pennsyl- vania, and Ohio, now require that for public work, bids on plumbing, heating, ventilation, electrical work, power plants, etc., shall be received separately and contracts awarded to the lowest responsible bidder for each branch. In private practice, if the Owner has received separate bids upon such branches of the work, he generally lets separate contracts for them; but sometimes, if he has confidence in the general con- tractor, he places the successful bidders of the several branches, with their consent, as subcontractors under the general contractor. In that case he either pays the general contractor a commission for managing them, or else he has informed all those bidding on the general contract that the successful bidders on certain reserved branches of the work will be placed under the general contractor, who is to include in his bid whatever allowance he thinks proper for managing them (see Chapter 29). The Separate Contract System If there be, as in many cases there is, a substantial advantage to the Owner in letting a few of the more important branches of the work separately from the main contract, it is pertinent to inquire whether a further advantage is not to be gained by carrying this separation to all important branches. That this question is frequently answered in the affirma- tive is shown by the fact that much work is executed in that way by architects of the highest standing and for owners alert to every advantage. The method is known as the "Separate Contract System" or sometimes as the "Minor Contract System," or by others as "The System of Segre- gated Contracts." It consists in substituting for a single contract with a general contractor many contracts with master mechanics of the several trades, and in substituting for the management of a general contractor that of the Architect. By this method the specifications and drawings are so pre- pared that estimates on each part of the work may be separately obtained from a carefully selected list of bidders. This method insures a capable con- tractor for each part of the work, whereas that of competition on the work as a whole tends, as ex- plained in Chapter 22, to beat down its quality by reason of each bidder being anxious to secure the lowest possible bids from subcontractors, to that end often inviting incompetent mechanics to bid. From what has been said above it might seem that the system of competition among general contrac- tors would result in a lower cost of building than would the other, but it must be remembered that mechanics who have the chance of entering into a contract with a responsible Owner and of perform- ing their work under the immediate direction of a capable architect are willing to make a lower estimate than they would in bidding to a number of general contractors whose financial responsibility and whose willingness to deal justly with them are unknown quantities. It is obvious that the duties falling on the Archi- tect under the separate contract system are much heavier than when the work is let under a single con- tract. Instead of conducting one bidding, asking and receiving bids from a few competitors, he con- ducts fifteen to twenty biddings on the separate parts of the work, asking and receiving bids from say one hundred contractors; instead of guiding and supervising the work of one contractor whose duty it is to bring the subcontractors into cooperation, the Architect must guide the work of the contractors for all the trades, harmonize their operations, be vigilant that they and their materials are ready when needed, see that they employ as large a force as can properly work, and settle diflFerences between them. The Architect must also keep more records of trans- actions and suitable books of account, and he must carry on a much heavier correspondence than under the other methods. He must himself be at the build- ing more frequently than is ordinarily the case. While this procedure saves the Owner the profit on the entire work, to which the general contractor is entitled, on the other hand, since many of the Contractor's duties devolve upon the Architect, he must be paid for them. The Institute's "Schedule of Charges" (Appendix D), and the "Form of Agreement between Owner and Architect" (Appendix E), there- fore provide for an additional remuneration to the Architect when the separate contract system is employed. It must not be supposed that when the Architect directs the work of many contractors instead of a few his professional status is lost, or that he becomes in any sense a contractor. The Owner signs the many contracts, just as he would the few, and the relation of the Architect to the Owner and to each contractor remains without change. Those experienced in the separate contract sys- tem sum up its advantages as follows: (a) Exact knowledge before any contract is let, not merely of the total cost of the work but of the cost of each of its important divisions. If the cost is to be cut, it can therefore be cut intelli- gently, the details being in hand and direct accesss to all who figure on the work being possible. (A) Lower bids" because each contractor, as he deals directly with;the_author of the plans, may know exactly what is expected 52 TIIIC LKTriNCJ OF CONTRACTS of him and may make contracts directly with the source of pay- ment. This enables him to estimate more intelhRently, with Rreatcr confidence, and consei|iiently more closely, than in cases where he is obliKed to suhmit his estimate to a niimher of persons whose financial responsibility he may doubt and who can otter no assurances that they will ever be in a position to let the work. (c) Direct control of the selection of contractors for each branch of the work and direct distribution of payments to those who would otherwise be subcontractors. ((/) The Architect's more intimate relation with the construc- tion of the work. Under the separate contract system, the number and complexity of the Architect's duties are such that a word of warning is necessary to Architects who may think that they would like to work under that system. No architect, unless he be a capable administrator and have his office well organized for such work, should attempt it, nor should he imagine that the additional percentage will be a source of large profit, lie will find that expenses of all kinds will be greatly increased and that his own burdens, and especially his responsibility, will be much greater than he would suppose. In fine and in brief, if the separate contract system is well administered, it is an admirable one; if badly administered, it will result only in loss and annoyance. Chapter Twenty-five Laws Relating to Work Paid for from Public Funds The Architect who undertakes work to be paid for by the United States, or by any State or sub- division thereof, or indeed even by local authorities such as school districts, should request the Owner for instructions through his counsel as to any laws to which reference should be made in the documents or to which the procedure of bidding and letting should conform. While no detailed reference to such laws can be made here, the following matters will be found among them: Laws as to submission of sketches and work- ing drawings to art commissions or smilar bodies; to advertising for bids; as to deposit of bond or cer- tified check with bid; as to letting the work of certain trades separately (see Chapter 22 {b) and Chapter 24); as to the award; as to forms of contract; as to alien labor; as to the number of hours constituting a day's work; as to bonds of suretyship to protect the Owner; as to bonds to protect all those doing work or providing material; as to mechanics' liens; as to workmen's compensation laws; as to public officials or employees being financially interested in any firm or corporation contracting with any public body or agency; as to the proper authority of the officials executing any contract; as to the validity of any legislation under which it is executed, etc. For the relation of architects to such work see Chapter 40. Chapter Twenty-six The Quantity System "Quantity System" is the term used to describe a method of procedure intended to facilitate and, at the same time, to give a more scientific accuracy to the process of preparing tenders for building con- struction. It rests on the basis of a schedule or "bill of quantities" prepared from the Architects drawings and specifications by an expert Quantity Surveyor. The bill sets forth in detail the quanti- ties of the various worked materials which are re- quired for a complete structure. A copy of this bill is furnished to each bidder, and each bidder sets his unit price against each item of work in the bill all such prices constitute the amount of the bid and of the contract. The Quantity System is the universal rule of practice in England and in nearly all European countries. In those countries the Quantity Sur- veyor performs a professional function, working in close cooperation with the Architect. In the United States the method of procedure has heretofore been to furnish to each of the competing bidders a complete copy of all drawings and specifi- cations so that each bidder may schedule his own of quantities, and the sum total of the extension of quantities for the purpose of estimate. For con- 53 THE HANDBOOK OF PROFESSIONAL PRACTICE venience, this method is referred to in the following paragraphs as "the present system." In point of result there are a number of minor differences between the Quantity System and the present system, but the fundamental difference is that under the Quantity System a single bill of quan- tities is prepared for the use of all bidders, while under the present system each bidder prepares his own bill of quantities and there are as many bills prepared as there are bidders and sub-bidders. Manifestly, the present system is wasteful, for under it the work of preparing a bill of quantities is repeated as many times as there are bidders and sub-bidders. The economy resulting from the use of the Quantity System, due to the avoidance of repetition of work, can be realized, however, only in proportion to the extent to which it is used. Contractor's estimating cost is charged directly or indirectly to overhead expense, and all overhead expense must be absorbed by the profit in the con- tracts secured.* The more immediate advantages of the Quantity System claimed for it by its advocates are: (a) All bidders base their estimates upon the same quantities of labor and materials, quantities which are abstracted from the plans and specifications with greater care and precision and with a fuller knowledge of the true intent of those documents than can be the case with quantities abstracted hurriedly and without such knowledge by contractors. (b) The work of the Quantity Surveyor and the inquiries he must make of the Architect in order that his bills may be pre- pared with accuracy, constitute a most thorough check on the drawings and specifications for completeness, clearness, and agreement. The surveyor's questions are the same ones which present themselves to the Contractor in the course of preparing his bid but are seldom asked by him or anticipated by the Archi- *In a number of cities a practice has been established among contractors where a sum agreed upon is added to the estimate submitted by each bidder, under an agreement that the bidder securing the contract shall divide this sum among the unsuccessful bidders as reimbursement for the cost of preparing their estimates, thus placing the repeated cost of estima- ting directly on the Owner. tect. These are the questions which later become the bases for claims, counter-claims, and disputes. ic) When all bidders base their bids upon the same quantities, the Contractor whose efliciency is e.xpressed in a low unit cost of work will usually secure the contract. The system does not result in reckless price-cutting because the opportunities for recouping losses through later establishing claims for inordinately profitable extras are reduced in number and in capacity for profit. {d) The Quantity System, or more directly, a complete and accurate bill of quantities, offers a definite basis for competitive bids and a definite basis for judgment in awarding contracts. The uncertainties in the preliminaries to construction are removed at once for both the Contractor and the Owner. (e) The quantity surveyor is the person most competent to make preliminary estimates of the cost of the work for the Owner's and the Architect's guidance. Similarly, he is the person most competent to value the work done from time to time as a basis for the Architect's certificates of payment. In thus making accurate valuations he assists in enabling full and equitable payments to be made to the Contractor without exposing the Owner and the Architect to the danger of over-certification. Again he is the qualified adviser of Owner and Architect as to the value of extras and omissions. The Quantity System is used at present in the United States only to a very limited extent, though interest in it is growing and Its advocates and users are increasing in number. It is difficult to prophesy through what channels the system will finally develop and become established as the rule of practice. There are a number of persons and organizations operating in the United States as quantity surveyors. It is maintained that quantity surveying must be done by independent professionals and that the sur- veyor's fee ought to be paid directly by the building owner. This is largely justified by the fact that the surveyor must cooperate closely with the Architect, even during the preliminary stages of the drawings and specifications, so that complete and accurate drawings and specifications will be issued for the purpose of bidding and so that the surveyor may have the necessary familiarity with the work. Chapter Twenty-seven Invitation to Submit a Proposal The following will be found a convenient form of Tobeentitled to consideration, the proposal must be made upon invitation- '^^ ^'^^"^ provided by the Architect, which must be fully com- pleted in accordance with the accompanying "Instructions to Dear Sir: You are invited to submit a proposal for Bidders" and must be delivered to this office not later than Drawings, Specifications and other information may be procured from this office on and after All ^ ' ' ' documents must be returned to this office not later than ^ ' ■' ' 54 THE LETTING OF CONTRACTS Chapter Twenty-eight Instructions to Bidders In preparing Instructions to Bidders, the follow- ing typical form will he of use: Proposals, to be enriili-d to consideration, must lie made in accordance with the following instructions: Proposals shall he made npon the form provided therefr,r, and all blank spaces in the form shall be fully filled; numbers shall be stated both in writinf; and in (inures; the siKnature shall be in lont; hand; and the completed form shall be without inter- lineation, alteration, or erasure. Proposals shall not contain any recapitulation of the work to be done. No oral, telegraphic, or telephonic proposals or modifications will be considered. Proposals shall be addressed to the Owner, in care of the Architect, and shall be delivered to the Architect enclosed in an opaque sealed envelope addressed to him, marked "Proposal" and bearing the title of the work and the naitie of the bidder. Should a bidder find discrepancies in, or omissions from, the drawings or documents, or should he be in doubt as to their mean- ing, he should at once notify the .'\rchitect, who will send a written instruction to all bidders. Neither Owner nor Architect will be responsible for any oral instructions. Ik-fore submitting a proposal, bidders should carefully examine the drawings and specifications, visit the site or work, fully inform themselves as to all existing conditions and limitations and shall include in the proposal a sum to cover the cost of all items included in the contract. 'i'he competency and responsibility of bidders and of their pro- posed subcontractors will be considered in making the award, i he Owner does not obligate himself to accept the lowest or any other bid. Any bulletins issued during the time of bidding are to be covered in the proposal and in closing a contract they will become a part thereof. If any instructions as to the furnishing of a bond, other than those in Article 22 of the General Condi- tions (Appendix K), are to be given, include them in "Instructions to Bidders," but see that any such statements are in harmony with such clause relative to the bond as may be inserted in the "Form of Proposal." Chapter Twenty-nine Form of Proposal A Form of Proposal or bidding blank should be sent in duplicate to each bidder. The following typical form and suggestions may be of use: Form of Proposal (The proposal should be dated and addressed to the Owner in care of the Architect.) Dear Sir: Having carefully examined the Instructions to Bidders, the General Conditions of the Contract and Specifica- tions entitled (Here insert the caption descriptive of the work as used therein.) and the Drawings, similarly entitled, numbered as well as the premises and the conditions affecting the work, the Undersigned proposes to furnish all materials and labor called for by them for (Here insert, in case all the work therein described is to be covered by one contract, "the entire work." In case of a partial contract insert name of the trade or trades to be covered and the numbers of the pages of the Specifications on which the work is described.) in accordance with the said documents for the sum of Dollars {$ ). If he be notified of the acceptance of this proposal within days of the time set for the opening of bids, he agrees to execute a contract for the above work, for the above stated compensation in the form of the Standard Agreement of the American Institute of Architects. Very truly yours, SUGGESTIONS TO ARCHITECTS USING THE ABOVE FORM OF PROPOSAL The above form includes only such statements as will probably be required in any proposal. Additions will usually have to be made to it. Suggestions suited to certain conditions are offered in the following notes. If the bidder is to name the time required for completing the work, insert such a clause as the following: The Undersigned agrees, if awarded the Contract, to complete it within days, Sundays and whole holidays not included. If liquidated damages are to be required, insert the following: And further agrees that, from the compensation otherwise to be paid, the Owner may retain the sum of dollars ($ ) for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum is agreed upon as the proper measure of liquidated damages which the Owner will sus- tain per diem by the failure of the undersigned to complete the work at the time stipulated, and this sum is not to be construed as in any sense a penalty. If a bond is required, insert the following: The Undersigned agrees, if awarded the Contract, to execute and deliver to the Architect within days after the signing of the Contract, a satisfactory bond in the form issued by the American Institute of Architects and in an amount equal to the contract sum, and further agrees that if such bond be not required, he will deduct from the proposal price the sum of dollars {$ ). If a certified check is required, the following clause should be inserted: The Undersigned further agrees that the certified check payable to Owner, accompanying this proposal, is left in escrow with the Architect; that its amount is the measure of liquidated damages which the Owner will sustain by the failure of the Under- signed to execute and deliver the above named Agreement and Bond, and that if the Undersigned defaults in executing that Agreement within days of written notification of the award of the ss THE HANDBOOK OF PROFESSIONAL PRACTICE contract to him or in furnishing the Bond within days thereafter, then the check shall become the property of the Owner, but if this proposal is not accepted within days of the time set for the submission of bids, or if the Undersigned executes and delivers said Contract and Bond, the check shall be returned to him on receipt thereof. If the Owner intends to receive bids on certain portions of the work separately from those made by general contractors and expects to place the successful bidders for those portions under the management of a general contractor, as explained in Chapter 24, the form of proposal from the general contractor should con- tain the following statement: The Undersigned being aware that the Owner will receive bids on , , agrees to accept as his subcontractors for those branches such persons, firms or corporations as the Owner may select, the amount of his proposal being increased by the\aggregate of the proposals of such subcontractors. The under- signed has made due allowance in his proposal for the expenses of managing and profit on such subcontractors' work, and he will make no claim beyond the amount of his contract sum for such manage- ment or for any other cause connected with them or their work, agreeing that their status shall be identical with that of such subcontractors as he may himself have selected, and that he will establish and maintain relations with them identical with those of other subcontractors as set forth in the General Conditions of the Contract. If the Owner intends to receive bids in the manner described in the preceding paragraph, the form of the proposal from each bidder on any portion of the work thus reserved should contain the following statement: The Undersigned, being aware that if an award of the contract is made in his favor he will become a subcontractor of such general contractor as may be selected, agrees so to act and to become subject to all the provisions of the General Conditions of the Contract as to the relations of the Contractor to subcontractors. If alternative proposals are required, they should be set forth, as for example: Should be substituted for the Under- signed agrees to deduct (or will require the addition of) dollars ($ ) from {or to) the proposed sum. If unit prices are required as a part of the proposal, they should be set forth as, for example: The Undersigned agrees that work added shall be computed at the following prices, and that work omitted shall be computed at per cent less than these prices. Concrete foundations per cubic yard, Rough brickwork per thousand. Plastering per yard. Etc., etc. If the names of subcontractors whom the Contractor proposes to employ are required as a part of the Proposal, this requirement should be set forth, as, for example: In case of obtaining the award, the Undersigned will employ, subject to the Architect's approval, subcontractors in each of the several trades selected from the following list {one or more names must be inserted for each trade): Excavation Stone masonry Brickwork Etc., etc. It is the practice in some offices to reserve the right to examine the contractor's sub-bids, and, in consultation with the Owner, select a list of subcontractors, paying to the contractor any differ- ence between the sub-bid which had been used by the general contractor and the one selected by the above process. The users of this method are of the opinion that it secures the advan- tages of both the single contract system and the separate contract system to some degree. Chapter Thirty Legal Details of Agreements As the laws relative to the following matters vary in the several States, and as the statements made below are true only in a broad way, the provisions of the laws of the State in which the building is to be erected should be ascertained from counsel, and the details of the contract documents should be arranged in conformity therewith. Date of the Agreement. Agreements executed on Sunday are generally void by statute. Names of the Contracting Parties. Ascertain and use the exact name or legal title of the parties. In the case of an individual or a firm, the address of the place of business should follow the name. In the case of a firm, see below under heading "Signatures." In the case of a corporation, use the exact title followed by a statement as to the place of incor- poration, e. g., "Palmer Construction Co., a cor- poration under the laws of the State of Delaware." In the case of a voluntary association (unless some State statute authorizes the association as such to enter into contracts in its associate name) insert the names of the officers and some responsible members so that all become personally bound by their signa- tures. Signatures of Contracting Parties. See that the signatures agree exactly with the names of the parties as first written in the Agree- ment. In the case of a firm, the signature of the firm name by one of the partners, in nearly all cases, binds the firm and each of its members. Obviously, it does not bind special partners except to the ex- tent of their interest. It does not bind the partners in case the contract be for something not within the scope of the firm's business. S6 THE] LETTING OF CONTRACTS On account of the trouble of securing the signa- tures of tlie various partners, it is usual to accept the firm name signed by one of them, but if the best practice is to be followed, the name of each partner as well as that of the firm should be inserted at the place where the names of the contracting ])arties first appear in the Agreement Thus, "John Brown, Richard Jones and William Robinson, trading as John Brown & Co." In this way we have indicated to us the names of all the individuals who are to be made severally as well as jointly lial)le for the per- formance of the contract The signatures should be identical in form with the first statement of names; but, if absolutely certain that all those mentioned in the Agreement as partners are in fact partners at the time of the execution of the Agreement, the firm's signature signed by one of the general partners is legally sufficient and affords ample protection. The name of a corporation should be followed by the signature of the officer duly authorized to execute a contract, e. g.," Palmer Construction Co., by Peter Palmer, President." The seal of the corporation must be attached or impressed and attested by the proper officer, e. g., "Attest, Walter Palmer, Sec- retary." In the case of a voluntary association, secure the signatures of its officers and a sufficient number of responsible individual members to insure the carry- ing out of the financial obligation assumed by the contract. Authority to Execute a Contract. (a) By an individual: There is ordinarily no legal bar to the execution by an individual of a con- tract for the employment of an architect or for the execution of work upon a building. (b) By a business corporation: It is important to know: 1. That the corporation has the right to enter enter into the proposed contract. 2. That it has exercised that ri^t by legal action. 3. That the officer executing the contract has been duly authorized so to act by the corporation. (c) By any authority assummg to expend public monies. The validity of an agreement between such bodies and an architect for his services is so charged with danger that no architect should enter into such an agreement except under advice of competent counsel. The whole subject is discussed by Bowman in his "The Architect in Municipal Work," in the Brick- builder for September, 1913, and in his "Legal Hints to Architects," same magazine, August and Septem- ber, 191 1. It is common practice to assume that the Agree- ment, if signed by the president, sealed with the cor- porate seal and attested by the secretary, binds the corporation. There should, however, be attached to the Agreement a certificate showing that general power to sign is duly vested in the one signing, or else there should be attached a special certificate such as the following: "At a meeting of the Board of Directors of the duly notified and held in on 19.-., a quorum being present, it was Voted: That the be and he is hereby authorized and directed in the name and on behalf of this corpora- tion, and under its corporate seal, to execute and deliver a contract with for a at for the sum of $ , said contract to be in such form and subject to such conditions as said shall see fit. And said is hereby further authorized and directed in the name and on behalf of this corporation and under its corporate seal, to execute and deliver to said Owner any bond or bonds he may see fit, to secure the performance of said contract by this corporation. A True Copy from the corporate minutes. Attest Secrttary. (Corporate Seal.) Witnesses. Witnesses at signing are not necessary. If there are witnesses there may be embarrassment in pro- ducing them in case of a contest, whereas, if there are none, the signatures may be proved by any com- petent exidence. Witnesses are of use only when one of the parties claims that what purports to be his signature is a forgery. Seals. The attachment of the seal is a necessary part of the legal execution of a contract by a corporation. A firm as such has no seal, but the attachment of a seal binds the partner executing the instrument, and in many States the co-partners are also bound if it is for the firm's use and business and they assent to it expressly or by conduct ratify it. The use of a seal or of the word "seal" with the name of an individual can do no harm, but since the only significance of a seal as used in ordinary con- tracts is to imply a consideration, and since all of the Institute's forms of agreements recite consideration the use of a seal, except in the case of a corporation, is quite unnecessan,'. A bond, however, by its very nature must be under seal. 57 THE HANDBOOK OF PROFESSIONAL PRACTICE Chapter Thirty-one The Statidard Contract Documents of the American Institute of Architects The above title is that of a group of documents elementsof the contract and are acknowledged as such used in connection with the letting of contracts for in the Agreement, they are correctly termed the Con- building construction. It was found possible, some tract Documents. Statements made in the General years ago, by a comparison of documents in general Conditions, in the Specifications or in the Drawings use and by careful consideration of the subject, to are just as binding as if made in the Agreement, produce a series of forms reflecting the best practice, The General Conditions should be bound with the equitable as between Owner and Contractor and in Specifications. They are in that way brought to the generalbetter than any previously in use. Successive attention of Owner, Contractor and subcontractors amendments, made in the light of experience and during the time of the bidding, and any questions with the helpful criticism of contractors and sub- about them or objections to them may be answered contractors, have greatly improved the original form or adjusted before the opening of bids. Since the of the documents. General Conditions with the Drawings and Speci- On examining many forms of contract in use fications contain or should contain everything before the Institute issued its documents, it was necessary to a Contract except the Agreement, that found that, however different such contracts might document may, as in the Institute's forms, Appen- be in detail, they were alike in their attempt to throw dices J and O, be quite brief, confining itself to such every safeguard known to the legal mind around the matters as the contract sum, payments on account interests of the Owner and alike in ignoring the fact and time of completion. Such brevity is possible that the interests of the Contractor were equally because all other matters have been set forth in worthy of protection. The Institute determined advance in the other documents, and under such that it would draft its documents in such a form as to circumstances brevity is a substantial advantage, secure to the Owner and the Contractor an equal since nothing is more likely, or more unfortunate, meed of fair treatment and protection. than controversy over a lengthy form of agreement The series of contract documents consists of — newly brought to the attention of the contracting parties at the time of executing a contract. The Standard Form of Agreement between Con- Although the forms are suited for use when all the tractor and Owner when a stipulated sum forms ^,^^^ ^f ^ building is let under a single or general con- the basis of payment Appendix J. , ,, r li . r »i „, _ I r' J- • c I. n , . ^„„^„^\^■v tract, they are equally apphcable to any ot the many The General Conditions of the Contract Appendix K.. ' -' , i- . • > The Standard Form of Bond Appendix L. separate contracts under which an operation may be The Standard Form of Subcontract Appendix M. conducted. (See Chapter 24.) The Standard Form of Acceptance of Subcon- Although the General Conditions of the Contract tractor's Proposal Appendix N. ^j.^ primarily intended for use in connection with a A Form of Agreement between Contractor and contract let at a Stipulated Sum they may nevert he- Owner when the cost of the work plus a lee torms iljj^ ^1 ir , , ■ f „„„ Annpufliy O Icss bc adapted to a contract let at cost plus a tee, as the basis ol payment Appendix w. . , , , t- c a • 1 1 r 1 IS done by the rorm of Agreement intended tor that The Standard Documents areconstructed upon the use, (Appendix 0). following theory: An Agreement, Drawings and Competent administration calls for a thorough Specifications are the necessary parts of a building knowledge of the General Conditions of the Con- contract. Many conditions of a general character tract. The more complete the Architect's grasp upon may be placed at will in the Agreement or in the the details of that document, the more perfect will be Specifications. It is, however, wise to assemble in a his mastery of the many situations which it controls, single document such of them as may relate to the No important decision affecting the Owner's or the whole or to a large part of the work, or such of them as Contractor's rignts should be reached without care- should be known in advance to bidders and sub-bid- fully consulting the Conditions, since in nearly all ders. Since such conditions may have as much bear- cases a rule affecting such a decision will be found in ing on the Drawings as on the Specifications and even them. more on the business relations of the contracting In addition to the following notes, comment upon parties, they are properly called "(leneral Conditions the Forms of Agreement and upon many of the Ar- of the Contract." As the Agreement, General Condi- tides of the General Conditions may be found at tions, Drawings and Specifications are the constituent various points in this Handbook. S8 THE LF/n^NG OF CONTRACTS. Agreements, Appendices ] and 0. See Chapter 23, Methods tif OintractlnK for the Work. Sec Chapter 24, Letting the Work iimler One, Several or Many Contracts. See Chapter 25, Laws relating to Work Paid for from Piibhc Funds. See Chapter 30, Legal Details of Agreements. The General Conditions of the Contract. For a list of subjects sometimes included in the (jcnerai Condi- tions but not included in the Institute's form. See Chapter 21. Article 3, Details and Instructions. See Chapter 34. Article 5, Shop Drawings. See Chapter 36. Article 9, The Architect's Status. See Chapter 6. The Architect is often assumed to be in all respects the agent of the Owner. Old forms of agreement made him so, thus robbing the Owner of much power that ought to reside in him alone and imposing on the Architect many responsibilities that it should not be his duty to bear. In the Institute's General Conditions of the Contract the Architect's agency is carefully limited to certain special acts, for, as stated by Mr. William Stanley Parker in the Journal of the American Institute of Architects, August, 1915: "It is pretty generally conceded that the Architect must not be considered a general agent of the Owner, which would give him power to change the terms of the contract; but that he must be considered the special agent of the Owner with power to direct the execution of the contract according to its terms. ... In certain cases the General Conditions confer upon the Architect powers even greater than those of an agent in that he can control the acts of the Owner himself. In Articles 36and 37, for instance, the Owner cannot do work or terminate the Contractor's employ- ment unless the Architect certifies that the neglect of the Con- tractor furnishes adequate cause for such action. The articles are carefully worded to denote the exact limits of the authority of the Architect, and should be carefully studied with this point in mind." The second paragraph of Article 9 makis it abundantly clear that the Architect in performing many of his most important acts does so not as an agent of the Owner but as a judge boimd to strict impartiality. In such cases the Architect should be punc- tilious to give all parties due notice of any hearings and to give them fair opportunity to present their evidence. If an appeal may be taken from his decision, he should notify them thereof when handing down such decision. The law holds that, if the Architect have suth a personal interest as to make him distort his decisions unfairly in favor of either party, his award is void. A curious case of this sort might occur under Article 39 of the General Conditions if it were claimed that the Contractor had suffered damage by any wrongful act or neglect of the Architect. In such a case, since no architect could allow himself to be put in the position of seriously passing judg- ment upon his own acts, his wisest course would probably be that of making a pro forma judgment with a view to passing the case up to arbitration as provided in Article 45. Article 10. The Architect's Decisions. Supplementing the statement in the first sentence of Article 9 that "the Architect shall have general supervision and direction of the work," Article 10 provides that the Architect shall make decisions on all claims by either party to the tontract and on all other matters relating to the work. These decisions are the necessary first steps in all such matters and to this extent the Article merely states generally accepted custom. The second sentence of Article 10, however, provides that "The Architect's decisions in matters relating to artistic effect shall be final if, within the terms of the Contract Documents," a provision that puts the Architect in the position of final arbiter in matters in which no profit is likely to be reaped by either party through an appeal from his decision. Article 10 then proceeds: " Kxcept as above or as otherwise ex- pressly provided in these (Jeneral Conditions or in the Specifi- cations, all the Architect's decisions are subject to arbitration." There has been a growing tendency for Architects to recede from the logically untenable position of dictator, a position that does more harm psychologically than it does good practically. The evidence of those who for years have permitted arbitration of all decisions shows that the number of actual arbitrations is so small as to be negligible. A building contract should be an equitable agreement and not one in which one of the parties is put in the power of the repre- sentative of the other. In his decisions an Architect should, and doubtless usually does, act with impartiality; but it requires a superman to be absolutely uninfluenced by bis own interests or those of his employer. The Standard Documents, while in Article 10 laying open a wide field of arbitration, make such provision in that article as to permit any architect to limit that field in whatever way seems wisest to him. Article 14. Correction of fVork Before Final Payment. Great care should be taken in applying such drastic remedies as those provided in the second paragraph of Article 14. The Owner and Architect in taking any such steps should be guided by competent legal advice. Article 16. Correction of IVork After Final Payment. The limit of time within which the Contractor must make good defects due to negligence or faulty work or materials is the limit set by the statutes of the State in which the building is to be erected. The time named in the statute of limitations is usually from three to six years. It is to be noted that Article 16 covers original defects and that it is not a maintenance clause. If it is intended that the Con- tractor shall make good any defects or deteriorations other than those due to his negligence or to faulty materials or workmanship, such provision should be added to the General Conditions or included in the parts of the specifications of the work to which it is intended to apply. The Bond of Suretyship does not run as to Article 16 for a longer period than the life of the Bond, but for a slight extra pay- ment it may be extended to cover the liability of Article 16 or of any special longer guarantee. Article 18. Emergencies. Of Article 18 Mr. William Stanley Parker says (Journal of the American Institute of Architects, September, 1915), comparing it with Article 41 of the first edition of that document: "The provisions of this Article are radically different from those of old Article 41, in which the only action provided for was by the Architect, acting as the special agent of the Owner, and empowered to make such changes or order such extra work as he deemed advisable to meet the emergency. While the Architect was not ordered to act, his action was fairly implied, and under that clause he might conceivably be held to have been derelict in his duty if he failed to observe and act in an emergency which resulted in damage to property or injury to persons. This is a responsibility which an Architect is not paid to assume nor usually fitted to exercise. He is a supervisor, not the active manager of the work. Responsibility for the safe and proper completion of the building operations lies with the Contractor, and he should be held fully respon«ible for the adequate meeting of any emergencies 59 THE HANDBOOK OF PROFESSIONAL PRACTICE that arise out of such operations. Certain normal emergencies are constantly arising which call for protective measures covered by Article 17. If the emergency develops from sources outside the contract, and for which the Contractor is not financially liable under the contract, he should be equally responsible for proper action to safeguard life and property, but he should be permitted to act without waiting for the formality of the notice required by Article 25 and the order called for in Article 24, and later to collect from the Owner such extra remuneration as may be approved by the Architect or arbitrators. Article 18 provides for such action in emergencies of this nature. In addition to permitting the Contractor so to act, it also requires him to act if so instructed or authorized by the Architect or Owner." Articles IQ and 20. Liability Insurance. Owing to the liability to accident inherent in the process of building, it has for many years been a common practice to include in building contracts, clauses of the utmost severity intended to throw all expense of such accidents upon the Contractor, binding him to keep the Owner free from all damage from such causes and to defend any suits brought against him, apparently without regard as to who was to blame in the matter. As the years pass, business methods change and provisions once perhaps effective become antiquated. As to accidents, a great body of statutes has recently been enacted, defining the Con- tractor's relation to his employees and to the public, and decisions have made clearer his relations to the Owner. Means of insurance against liability for such accidents have been developed and such insurance is now generally required by law in the case of em- ployees. It forms the Owner's first line of defense and, in Article 19, it is therefore made incumbent upon the Contractor to "main- tain such insurance as will protect him from claims under work- men's compensation acts and from any other claims for damages for personal injury, including death, which may arise from opera- tions under this contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly em- ployed by either of them." Such insurance relieves the Contractor from the expense of defending suits, and if the verdict goes against him, pays it for him. It is thus of advantage to the Owner in that it keeps such suits away from him and renders far less likely the financial embarrassment or bankruptcy of the Contractor in case of a heavy verdict against him. It must, however, be remembered that the Contractor cannot take out a policy that will protect him beyond the liability imposed on him by law nor against every conceivable form of accident. The Owner should, and may at small cost, take out a form of insurance known as Owner's contingent liability, intended to guard him against any claims that the Contractor's policies might fail to cover or that might properly be brought against him. Article 20 therefore provides that the Owner will protect himself in that manner. This gives the Contractor an assurance against the Owner's bankruptcy from such a cause. The Architect should inform the Owner of the provisions of Articles 19 and 20 and should advise him to insist on a policy that will protect him against loss or expense arising from claims for damages on account of bodily injuries or death accidently sufl^ered and not to take a policy which covers merely his loss or the liability imposed upon him by law for damages, since under the former the insurance company would defend the case from the start, and in the latter the Owner could not collect from the Company until after he had fought out the suit himself. Even then the Company might have to reimburse him only for the judg- ment obtained against him, and not for the expenses of the suit. All this, though it goes far toward defending the Owner against damage arising from accident or from the Contractor's act or neglect, does not cover all conceivable cases; therefore, in Article 39, each party to the contract is held responsible to the other in respect to damage done because of any act or neglect of such party or of any one employed by him. Thus the whole subject as far as the Owner and Contractor are concerned is covered just as fully, more equitably, and with greater freedom from ultimate loss than in the older forms of contracts. The Architect should, however, bear in mind that he may become liable for damage to persons, occurring upon work planned or supervised by him, and therefore should consider protecting himself by insurance against such liability even though it be remote. See Chapter 40. Article 2I. Fire Insurance. If there be more than one direct contractor, and especially if there be several or many, each carrying insurance covering his interest and that of the Owner "as such interests may appear," there result, in case of fire, entanglements and delays of highly exasperating kinds. To avoid such troubles, Article 21 provides that the Owner shall insure the interests of all parties. This he may do at less cost than if he attempted to have his several con- tractors do it for him. Insurance men agree that the method of Article 21 is excellent, and experience shows that under it settlement after a fire can be more quickly and readily effected than by any other method. As is usual under any method, the amount of the policy is increased from time to time with the growth of insurable value, but the Owner's duty is still simpler if, as is now possible in some places, he will pay the entire premium in advance under an arrangement with the insurer which provides a reasonable rebate on account of the gradual growth of value. If the method of Article 21 is not to be employed, the Architect should provide a substitute as an additional article to the General Conditions. The Architect should notify the Owner of his duty in respect to fire insurance. Article 22. Guaranty Bonds. See Chapter 32. Article 2J. Cash Allowances. Such allowances form an entirely legitimate and highly useful method of covering items, the details of which are not fully deter- mined at the time of writing the specifications, or are of such a nature that good results are not to be had from competitive bidding. Article 24. Changes in the Work. See Chapters 7 and 37. Article 2^. Claims jar Extras. The Architect should bear in mind that in giving decisions under this Article he is acting as a judge and not as agent of the Owner. Article 26. Applications for Payment. See Chapter 38, also Chapter 35. Article 27. Certificates and Payments. See Chapter 39. Article 28. Paymeits Withheld. See Chapter 39. Article 29. Liens. See Chapter 40. Articles 36 and j;. Right to do Work. Termination of Contract. The drastic remedies here permitted require great care in their application, principally because the rights given are also strictly limited by the courts to the terms in which they are granted in these articles. They may not be enlarged by implica- tion or construction. Competent legal advice should be taken in applying them. If the Owner does any work upon the build- ing, except through a contractor, his contingent liability insur- 60 THE LETTING OF CONTRACTS. ance probably becomes void, or at least fails to proicct him in respect of loss growing out of work so done. Article 43. Subcontracts. The second paragraph of Article 43 siiREesrs a method of making proposals that has much to commend it. Dickering of sub-bids after the contract is let is of advantage to no one but the Con- tractor and sometimes may prove a boomerang to him. It is to the advantage of the Owner that the sub-contracts be let to responsible bidders at reasonable prices. If the names of the proposed principal subcontractors are given in the proposal, and form part of the accepted bid, their status is determined and no second bidding for cut-rate prices is possible for those portions of the work. If any of these sub-bidders are incompetent or unfit, substitutions of satisfactory ones can be arranged before the con- tract is signed. Furthermore, the naming of sub-bidders per- mits a more intelligent analysis of the low bid and indicates the general class of work to be expected. Many contractors, and particularly sub-contractors, favor this type of proposal, and the Article permits the Contractor to name his sub-bidders if he so desires, even if not required to do so. See, also, Chapter 22, Competitive Bidding. The third paragraph authorizes a subcontractor who believes himself to be underpaid to apply to the Architect for information as to the amount of payments certified on account of his part of the contract. His exact interest may not be shown, as other work or part of the Contractor's profit may be included in the item, but so far as it may be of value to him he would appear to be entitled to the information; and through his right to apply for it the Archi- tect gains a source of information which may well be of use in connection with the provisions of Article 28 {b) and (c) relating to the withholding of payments on account of possible liens or failure to make proper payments to subcontractors. I he last paragraph of Article 43 makes it perfectly clear that no contractual relation between the Owner and any subcontractor has been created by any of the provisions. Arlicle 44. Relations of Contractor and Subcontractor. Article 44 has been embodied in the Standard Documents only after most searching criticism and careful consideration of its effect on the documents as a whole. Counsel agree that it in no way affects the validity of the contract between the Owner and the Contractor, and it appears greatly to simplify the stand- ardization of subcontracts. The Article simplifies the execution of all formal subcontracts and automatically applies to all others. Article 4$. Arbitration. The Article is intended to afford a means of settling disputes between the Owner and the Contractor, but, according to para- graph (0) of Article 44, the procedure is applicable to disputes between the Contractor and his subcontractors. The Article makes reference to the laws of the State in which the work lies. Comparison should be made of the procedure laid down in this article with local laws, and, where necessary, amend- ments should be made. As the courts now look with greater favor than formerly upon the settlement of disputes out of court, such a method as that provided by the documents should now be regarded with much more seriousness than formerly. The Architect should be most careful in taking any steps that may lead to arbitration. He should see to it that all procedure is carried on in consonance with law and with the arbitration clause of the contract. He should do what he can to have the case at issue fairly and clearly stated in the submission. Chapter Thirty-two Bonds of Suretyship A bond of suretyship is, in the sense in which it is ordinarily used in the practice of Architecture, an obligation in writing and under seal by which the Contractor, called, as far as the bond is concerned, "the Principal," and another person, firm or cor- poration, called "the Surety," hold themselves bound to the Owner in a certain sum of money in case the Contractor should fail to perform the Contract on his part or should fail to do certain other acts named in the bond. For the form of such a bond see Ap- pendix L. The bond, as above indicated, is usually furnished by the Contractor to the Owner, but there are cases, as where the Owner is suspected of inability to per- form his part of the Contract or when he is neither a person, nor a corporation, e.g., an unincorporated association and therefore generally incapable of being sued, where a bond of suretyship is given by the Owner to the Contractor. There are also cases in which each party gives a bond to the other. Until recent years the surety was generally a person or persons of means, willing, on account of friendship or business connection to go upon the Contractor's bond. Of late years surety companies, or, as they are often called, bonding companies, have come into existence, and as they furnish a more certain and less troublesome means of securing surety, and as they are for the most part of un- doubted financial stability, they have taken the place of the individual bondsman. Since the surety company must be paid for its services, and since the cost of corporate surety, if required, is charged by the Contractor to the Owner, either by including it in the amount of his proposal or by subsequently charging it as an extra, it is im- proper to speak of the Contractor as "giving" a bond. He furnishes it for payment just as he furnishes the foundations or any other part of the building. This state of affairs is recognized in the General Conditions of the Contract, Article 22, which pro- 61 THE HANDBOOK OF PROFESSIONAL PRACTICE. vides: "The Owner shall have the right to require the Contractor to furnish bond covering the faithful performance of the contract and the payment of all obligations arising thereunder, in such form as the Owner may prescribe and with such sureties as he may approve. If such bond is required by instruc- tions given previous to the receipt of bids, the pre- mium shall be paid by the Contractor; if subsequent thereto, it shall be paid by the Owner." Bonds when prepared by surety companies usually contain provisions under which, if the Owner or Architect shall do or fail to do certain things easily forgotten during the course of the erection ot a build- ing, the bond automatically becomes void. It is therefore important that the bond should be without such limitations; indeed that it should contain such provisions as those of the final paragraph of Appen- dix L, in which the principal and surety waive notice of alteration in the terms of the contract, of exten- sions of time or of any other forbearance on the part of either the OwTier or the principal to the other. Absolute reliance should not, however, be placed on such provisions; thus, if the amount of the contract were increased 50 or 100 per cent without the knowl- edge of the surety, it might be contended that the risk had been substantially altered by collusion be- tween Owner, Architect and Contractor, or if the Contractor were paid sums on account greatly larger than those named in the agreement or in ad- vance of the dates named therein, a similar conten- tion might be advanced. Surety companies having in their employ a legal staff alert to every avenue of escape from what would seem to be their obligations, it follows that extreme caution must be used in dealing with them. It is for this and other reasons that some architects still prefer as surety men of good financial standing rather than bonding companies. In the expenditure of public money for building purposes, bonds of special forms are frequently re- quired. The Architect should in all such cases ask the Owner to furnish, through his counsel, complete and definite information as to the legal requirements, amount, form, etc., of the bond. The present practice of bonding companies in the United States is to charge a certain percentage of the amount of the contract for a construction bond in such form as Appendix L or, in fact, for a similar construction bond in any form, even though contain- ing clauses inimical to the Owner's interest. The amount of the bond is peimitted to equal the con- tract sum, and as no lower charge is made for a bond of smaller amount, it is obviously wise to name the contract sum as the amount of the bond. The present practice is, for the same percentage, to permit the life of the bond to extend twelve months beyond the day on which the final payment under the contract falls due. There is, therefore, nothing to be gained by naming a shorter time. In connection with the subject of a bond see, also, Chapter 31, Article 16. Part V THE EXECUTION OF THE WORK Chapter Thirty-three On Notifying the Ozvner and the Contractor of Certain Duties The Contractor and the Owner are both assumed by the law to be conversant with the documents forming the contract and therefore no blame could be imputed to the Architect for failing to draw their attention to their duties under those documents. Nevertheless, since both of them show, as a rule, no great inclination to become conversant with the General Conditions, it is well to inform the Owner of some of his more important duties as, for example, those relating to insurance, by directing his attention to Article 21 of the General Conditions of the Con- tract and informing him that it is well to have included in the policy such a clause as the fol- lowing: "It is agreed that this insurance .ilso covers assured's liability for necessary fees for architects and engineers eitiployed as a residt of loss to the property insured, but in no case shall the loss and said fees combined exceed the amount of this policy, nor shall 62 THE EXECUTION OF I I IE W(;RK said fees exceed six percent of ilie amuunt of the loss in case of a total loss, nor shall said fees exceed ten per cent of the amount of the loss is case of a partial loss." The Owner should also be notified tliat the con- tract makes no provision as to insurance against lightninf;, windstorms, hail and earth(]iiakts, and that it is optional with him whetiier he will take oiit protection apainst loss hy them. At the time al- terations are hcRiin, the Owner should he reminded to inform his fire insurance company, and secure necessary rider to his jiolicics in order to avoid pos- sible vitiation of insurance. He should also be notified of his right under Ar- ticle 19 of the General Conditions to have certificates of the Contractor's liability insurance filed with him, and he should be informed as to his status in the matter of contingent liability under Article 20. (See Chapter 31, Articles 19 and 20). The Architect should consider whether it woidd not be wise to send the Contractor such a letter as the following: In connection with the contract hetwcen you and for we bcK to call your attention to the importance of a thorough knowled(;e on your part of all the documents form- ing the contract. I he Agreement contains matter with which it is essential that you should be familiar. You should also make a careful study of the ficneral Conditions of the Contract since they contain a clear and comprehensive statement of the rela- tions of Owner, Contractor, and Architect. Not only do they show the many duties that you have agreed to perform in addition to or in connection with the execution of the work, but they also provide many safeguards for your interests — safeguards of the existence and methods of application of which you should have knowledge. We draw your attention to the fact that the drawings and specifications are a part of the contract documents and that care- ful study of them is essential to the execution of the work. We ask you to work in harmony with us as wc shall hope to work with you, since, in the intricate processes of building it is only by the sympathetic cooperation of Contractor and Architect that the best results can be obtained. Such a letter as the above might in case of a suit at law be of value as showing that the Contractor's knowledge of the General Conditions was not merely presumptive but that he had had special notice of their importance. Chapter Thirty-four Schedule of Detail Drawings and Schedule of Progress of the Work The first paragraph of Article 3 of the General Conditions of the Contract states that the Architect is to furnish drawings additional to the contract drawings and all other instructions needed for carry- ing on the work, the relation these instructions must have to the original contract documents, and also the Contractor's obligation to do work only in accordane therewith. The Architect is called upon to furnish this addi- tional information "with reasonable promptness," which obviously permits a claim for delay by the Contractor if he fails to do so. Much just complaint is made by contractors of the dilatory methods of architects, which not infrequently result in financial loss as well as inconvenience. In the matter of pro- viding necessary information, the Architect is an es- sential factor in the progress of the work, and he should be as prompt in providing it as he will doubt- less expect the Contractor to be in" executing the work, and the Contractor should be properly pro- tected from the results of delays caused by the Ar- chitect. The second paragraph of Article 3 reads: "The Contractor and the Architect, if either so reciuests, shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the work, fixing the dates at which the various detail drawings will be required, and the Archi- tect shall furnish them in accordance with that schedule. Under like conditions, a schedule shall be prepared, fixing dates for the submission of shop drawings, for the beginning of manufacture and installation of materials and for the completion of the various parts of the work." A schedule of the dates on which detail drawings are to be delivered is rarely made, but in cases where completion of the building at a given date is of im- portance, as in commercial structures with heavy carrying charges and with fixed dates for the admis- sion of tenants, such a schedule should alwavs be prepared. The Contractor may not recognize the fact that reasonable time for the preparation of de- tail drawings is essential, and on making less prog- ress than he expected, he may, in spite of Article 35, claim that such delay is due to the Architect's fail- ure promptly to supply him with drawings. If, however, at the time of executing the contract, a schedule is agreed upon, the Architect will have every incentive to deliver his drawings in accordance with it, and the Contractor will be able to plan with ac- curacy the time of beginning the shop and setting drawings, and the time of beginning the execution 63 1 1 1 1 1 1 1 1 1 1 1 z < 1 1 1 1 1 1 1 1 1 1 U 1 1 1 1 1 1 i u 3E ej. R-OE • ARCHITECTS : SAN CALLO ■ TEX SCHEDULE OF PR.OGKESS 'v» A. 1 1 s 1 2 uj 1 D Z D 1 1 ^ s i O ! z D 5 1 1 1 6 z uJ (3 u 1 u i u .2 4-) d CO u 1: 1 5 2 i u 1^ 1 '^1 X j pi 1 (2 64 THE EXI'X'UTION OF IHL WORK of the various parts of the work at shops, mills, etc., as well as at the IniiklinR. The schedule of intended progress of work, except in cases of great importance, is rarely worked out in the detail described in Article 3, but in a simpler form, i. e., as a schedule of dates for the beginning and ending of the work of each trade. It is fre(]uently made and is of great value as a guide to proper progress. For every building of importance such a schedule should be prepared with very great con- sideration since it sets forth the plan of campaign in accordance with which the work is to be carried on. Such a schedule may take the form of a mere list of the several trades, opposite to the name of each of which is set the date for commencing and ending its work. The statement in such a form is not, however, very easily comprehended and it is therefore much better to express it in the form of a "line schedule," .such as Exhibit No. 18. If the intandcd progress be indicated by a line of a certain character /^,r color the actual progress may, from time to time, \>x plotted on the same diagram by a line of some other character or color. For example, in Exhibit No. 18 the intended progress is shown by the solid lines, the actual progress by the broken lines. Such a schedule is perhaps all that it is reasonable to ask the Contractor to furnish, but the Architect, if in as close touch with the work as he should be, will need a Diagram of Progress setting forth much more vividly the actual progress of the work. For such diagrams see Chapter 36. Chapter Thirty-five Schedule of Values Article 26 of the general conditions of the contract provides — • " If required, the Contractor shall, before the first application, submit to the Architect a schedule of values of the various parts of the work, including quantities aggregating the total sum of the contract, divided so as to facilitate payments to subcontractors in accordance with Article 44 (c), made out in such form and, if required, supported by such evidence as to its correctness, as the Architect may direct. This schedule, when approved by the Architect, shall be used as a basis for certificates of payment, unless it be found to be in error. In applying for payments, the Contractor shall submit a statement based upon this schedule and, if required, itemized in such form, and supported by such evidence as the Architect may direct, showing his right to the payment claimed." Such a schedule of values and of quantities is of high importance and except in contracts of small moment the Architect should insist upon a prompt submission of it by the Contractor. It is', as ex- plained in Chapter 38, of great assistance in deter- mihing amounts from time to time payable to the Contractor. On submission, it should be analyzed, by the Architect with great care. The "evidence as to its correctness" to which the Architect is entitled under Article 26 should be required and particular care should be taken to see that the amounts claimed as due to the earlier or middle stages of the work are not excessive. If a competent clerk of the works is to be in charge, he will look upon the verification of the schedule of values and quantities as one of his most serious duties. A thorough analysis of the schedule will aid him in reporting from month to month on the value of the work done. If a quantity survey (see Chapter 26) has been made, the surveyor will, in view of his general qualifications and of his special knowledge of the work in hand, be called upon to verify or assist m makmg the schedule. The schedule of values should take such a form as that shown on the second page of the "Application for a Certificate of Payment". (Exhibit No. 23). Chapter Thirty-six Shop Drawings, Schedules, Supervision, Superintendence and Diagravis of Progress Shop Drawings and Schedules No matter how carefully the Architect's drawings may be made, they do not completely cover the con- structive details of all the trades employed upon the work, nor would the masters of those trades wish the Architect to enter more fully than he does into such details. The drawings made by the several trades, the so-called shop drawings, are a necessary step between the Architect's drawings and actual con- 65 THE HANDBOOK OF PROFESSIONAL PRACTICE struction. Even if it were proper tor him to do it, the Architect could not make the shop drawings accept- ably to the mechanics because in most cases, such drawings speak not merely the language of the trade but the louguage of the very shop in which the work is to be made. A few examples will illustrate this: In cabinet work, the Architect's drawings will show the design completely, including full size drawings of every detail. Of the ultimate appearance of the work, the Architect has furnished complete information, but for the translation of his design into execution other drawings are needed, showing not merely the exact dimensions of the work established by the Architect's drawings and by measurements taken at the building, but showing the method of jointing, the way in which the mouldings are to be built up, the thickness of the the face work, the shape and size of the backing, the construction of veneered doors and panel work. All this must necessarily be done by the cabinet maker in order that his work may pass through his shop in an orderly and economical manner and so that his mechanics may have before them the kind of drawing they are in the habit of using. These drawings must, of course, be inspected and corrected by the Archi- tect that he may be sure his design is to be carried out with accuracy and with constructive detail that will give the best results. Similarly, in steel construction, even though the structural engineer may have detailed the work with precision, the manufacturer will make shop drawings to bring about standardization of details and facility of fabrication and erection. The Architect, as well as his structural engineer, must however, inspect such drawings with great care to be certain that the manufacturer is not using smaller sections or fewer rivets than those contracted for, that he is not moving columns off their foundations, running I beams across elevator shafts or making less easily detected but equally embarassing mistakes. The manufacturer of terra cotta will wish to detail the sizes and jointing of his blocks, but he may do it in a manner entirely abhorrent to the Architect. In his setting drawings he must show to the minutest detail the complex system of metal clamps and reinforcements necessary to keep his work in posi- tion. Even though plumbing, heating, etc., should have been most fully drawn and specified, the masters of the pipe trades must make very complete layouts of their work so fully in detail as to make sure that no pipe, radiator or piece of apparatus interferes with structure or equipment and that they will be silent and effective in operation. To govern the relations of Architect and Con- tactor in this matter, the General Conditions of the Contract, Article 5, provide as follows: "Article 5. Shop Drawings. "The Contractor shall submit, with such promptness as to cause no delay in his own work nor in that of any other contractor, two copies of all shop or setting drawings and schedules required for the work of the various trades and the Architect shall pass upon them with reasonable promptness. The Contractor shall make any corrections required by the Architect, file with him two corrected copies and furnish such other copies as may be needed. The Architect's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Architect's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules." It is wise for the Architect to watch the delivery of all shop drawings and schedules and. unless they are forthcoming in good season, to urge their delivery. Prompt action on them should be taken*not merely because Article 5 requires it, but because it is due to the interests of both Owner and Contractor. The maker of a shop drawing puts his own number on it. When it reaches the Architect's office, it is usually given the Architect's file number and an appropriate sheet number. As the process of receiving, examining, approving, and distributing shop drawings is a complicated one, especially when many of them are passing through the Architect's office, a schedule, such as Exhibit No. 19, showing the progress made with such drawings, is not only an aid in keeping a pressure on the subject but it may prove very valuable when claims are made, as they so often are, that time was lost by the Architect in passing upon shop Drawings. Supervision and Superintendence: The Clerk of the Works — There is a broad distinction between super- vision and superintendence. The latter means a much more thorough, detailed and continuous in- spection of the work than the former. The -Institute's circular entitled "Professional Practice of Architects," (Appendix D) Article 11, states: "The Architect endeavors to guard the Owner against defects and deficiencies in the work of contractors, but he does not guar- antee the performance of their contracts. The supervision of an architect is to be distinguished from the continuous personal superintendence to be obtained by the employment of a clerk of the works. "When authorized by the Owner, a clerk of the works, accept- able to both Owner and Architect, is to be engaged by the Archi- tect at a salary satisfactory to the Owner and paid by the Owner, upon presentation of the Architect's monthly certificates." The two forms of Agreement between Owner and Architect, (Appendices E and F) make similar statements. 66 >^JtJlU32/ S^J0(J]J3->IJJJJ OJ hdoj pyinvj9}i hdoj ajij oj jV3^ hdoj t7jjX3 c;uj^ ]VAOjddy Jo 37y}o/\j oiri-^ :3 vi)^^ in.ilJ :2 1^3^ -^?i^ -pjAlODD-^ sjinjj pjsiAa^ OcO^ o5 cO lr,'£''0 :jimjjnsuo3 /Jt; p^ujtrjsj^ IT)-^'^ ^^9 ^xiviimvoj Jo amvfsj 1 ^ f ■juvjpisuoj oj ju3<^ hdoj io="S •o^^ H^ N N o Irt o3 .^uimuiQ doij^Jospii I Pi .dwmvjQ doijg Jo Jsqmnjsj N^ 10 j^ L 67 THE HANDBOOK OF PROFESSIONAL PRACTICE It must be perfectly evident to the reasonable Ownerthat the Architect cannot, consistently with his other duties, be personally present at the work any large proportion of his time, and that he cannot be expected to pay for continuous super- intendence. The custom of the profession is that when mere supervision will suffice, the Architect furnishes it, but that when continouuous superintendence is needed the Owner pays the salary of the clerk of the works. Even in the latter case the Archi- tect gives supervision, and usually quite as much of it as in the former. In all but small work the Owner is negligent of his interest if he does not employ a clerk of the works, as will be seen when the duties of that officer are con- sidered. It is the Architect's duty to impress the Owner with the wisdom of employing a thoroughly competent clerk of the works. Supervision Is no very certain guarantee against bad v^'ork; superintendence is so to a much higher degree, but neither will turn a bad mechanic into a good one. The inexperienced or ignorant Owner is perfectly willing to award his work to the lowest bidder, saying, "Let the Architect see to it that the Contractor gives me a good job." He defeats his own ends by pretending to believe that the Architect has some occult power unknown to other men. The person stationed at the work in the Owner's interest is variously called the inspector, the super- intendent, or the clerk of the works. These titles connote slightly different functions. Inspector is the title usually applied to a superintendent of public works. His duties, especially when in governmental employment, are more narrowly limited than in private practice. He is, at least in theory, to detect any deviation, however slight, from the requirements of the contract, to report on it and, at the appointed times, on the proportion of work done, and he is to leave all else to higher powers. Practically, he finds much more to do. Superintendent is the name usually given to the Contractor's chief local or traveling representative. Sometimes the name ap- plies to one who on behalf of the Architect, from time to time, visits all of the Architect's work in progress. In some parts of the country, superinten- dent is used interchangeably with clerk of the works and in some parts the latter term is not to be found. It is, however, the authentic expression which for hundreds of years has been used as the title of a person skilled in building superintendence, acceptable to the Architect, acting in the Owner's interest, paid by him and continuously or almost contmuously present at a structure in process of erection. In this Chapter the person having surveillance over the work is assumed to be a clerk of the works. Efficiently to perform his duties, the clerk of the works requires rather unusual qualities. He should be clear-headed, energetic and honest. He should have technical knowledge and experience of building materials and processes. He must command the confidence and respect of Owner, Architect and Con- tractor, for not only must he see to it that the work proceeds according to the best practices of the different trades, but he must do so while preserving . agreeable relations with all those concerned with the work. The clerk of the works should have the instincts and, if only in part, the training of an Architect. Only so informed can he make true interpretations of the drawings and specifications, since upon him frequently falls, in the first instance, the duty of so doing. He must be artist enough to foresee a final effect before it is reached, thus, in case of threatened ill results, giving the Architect a chance to pass upon the work before much of it is done. He must have also a fair knowledge of engineering principles, for there are occasions when he must make decisions before the Architect or his consulting engineer can be reached. Such knowledge prompts him whenever time permits to report the conditions, whereas with- out such knowledge he might allow the work to proceed to disaster. No less important then these qualities are diplo- macy and tact. While the clerk of the works must see that work is done properly, he should not let the mechanics feel that they are under espionage. He must make them feel a pride in doing things well. He must lead them to understand that he is there to aid them in the proper execution of their work, and that he does not intend to make captious use of his authority or to find petty fault. He must always bear in mind that he has no authority to relax or nullify the requirements of the contract documents. If adjustments or con- cessions are to be made, he must, if only for his own protection, secure from the Architect proper written authority before permitting them. The duties and responsibilities of the clerk of the works will depend greatly on the number of direct contracts under which the work is let. If there be but a single contract, and that subject to liquidated damages after a given date, one of his concerns will be to give the Contractor no opportunity to claim that he has delayed the work. If there be several con- tractors his duties are greatly increased. When there are many, as under the "Separate Contract System," (Chapter 24), his duties and responsibilities reach a 68 11 IK EXECUTION OF THE WORK maximum, since he must guide and harmonize the work of the various trades. Upon assuming charge, the clerk of the works must thoroughly acquaint himself with the drawings and specifications. Among his earliest duties is the making of a schedule of (luantities ol materials or the verification of one furnished by the Contractor, i^ince such a schedule will be needed in checking applica- tions for payment. If the clerk is, as under the sep- arate contract system, to have large powers in the direction of the work, the schedule will be used to determine, when materials reach the site, whether the shipment is sufficient to complete the building, or if not, what proportion is lacking. As foremen are notably careless in reporting insufficient shipments, such measurement is important. Serious delay may be caused, for example, by the discovery, when a roof is half on, that not enough material is at hand to complete it and the operation of all other trades upon the building may be stopped for want of protection from the weather. While the clerk of the works should be careful not to interfere with a Contractor's scheme for the pro- gress of the work, he should establish in his mind the requence and proper progress of operations under the different trades, for he can nowise better prove his ability than by a habit of anticipating difficulties and delays, and reporting to the Architect thereon. Operations having been started, the clerk of the works must be present on the ground throughout all working hours, he must examine materials and work- manship, verify lines and levels, measure work extra to or omitted from the contract, and report promptly to the Architect all irregularities in the performance of the contract. The clerk of the works must retair in his memory all bulletins or directions from the Ardiitects office. He will do well to search for possible unforeseen consequences in any departures from the original plan. He must have clearly in mind the kind and quality of materials and workmanship specified, and he must be so well informed about them as to be able to pass correct judgment upon them. He should give all his directions to mei harics through their foreman. The clerical duties of a clerk of the works are not without importance. It is essential that he keep his records, drawings and correspondence in orderly manner capable of instant reference. Bulletins or messages from the Architect affectmg the work should be kept in the sight of all whom they concern. Daily reports must be sent to the Architect's office, where they are kept in orderly files. They should be on printed forms separated by a sheet of caroon paper so that the clerk may retain a copy of etch day's report. They should furnish at least the information called for by Exhibit No. 20. Reports of the progress of construction should be made regularly to the Architect by graphic means, as by dated lines upon blue-prints of the elevations, by photographs of the work in progress, or by a Diagram of Progress, as described further on in this Chapter. As an aid in checking applications for payment, a schedule of percentages of work done should be kept. These percentages are established after dividing the value of each part of the work as given in the Schedule of Values, (Chapter 35), by the total quan- tities of that part, a unit price including ratio of profit, overhead, etc., thus being obtained. Thus the number of thousands of bricks, the cubic yards of concrete, the number of tons of steel, divided into their respective sums give such gross unit prices. At the close of each month the clerk of the works should measure or compute the actual amount of material incorporated into the building. This done, the monthly applications for payment are quickly ad- justed and extravagant guesses fairly discounted. The urging of delinquent contractors is a task that should be carefully adjusted between the clerk of the works and the Architect's office in order that there be no conflict. If, while aiding in the avoidance of interruptions and delays, while bringing about fair adjustments by supplying his principals with accurate facts, while upholding honest and conscientious ideals of servi e, the clerk of the works is clever enough also to help contractors in solving their difficulties, he will win the confidence of all and will assure himself the acknowl- edgement of a difficult task successfully performed. If specialists have been employed to design struc- tural work, heating and ventilating apparatus, or mechanical and electrical plants, their services are usually continued in supervision of the work executed from their designs. In such cases the Architect should insist on their making a written report after each of their visits. Such reports will show the frequency of such visits, the thoroughness of their inspection, and the state of the work. They should, of course, report on the value of the work done in their several departments before the issuance of eac h certificate of payment. Similarly, the inspectors of steel, cement, etc., should be required to make regular written reports on the materials with the examination of which they are charged. Diagrams of Progress: The development of dia- grams of progress has furnished architects, con- tractors, subcontractors and even owners, an in- valuable means of comparing the intended with the 69 lExhibit 20.) DAILY REPORT TO DOE & ROE, ARCHITECTS, SAN GALLO, TEXAS. ON THE CONSTRUCTION OF DATE WEATHER TIME LOST DUE TO TEMPER./VTURE.. Men at Work c S O o 1 n -J Men at Work c B c n 'LI o Men at Work c £ c u 'c n w 0. O n Men at Work E n u o -3 Demolition Carpentry Metal Lath, etc. Plastering Exterior Pav- ing. Composition Floors. Linoleum Excavation Damp-proofing. Plain Concrete Plumbing Terrazzo Stone Masonry. Brick Work Heating Interior Marble Cabinet Work._ Painting Elevators Kitchen Equip- ment. Laundry Equipment. Laboratory Furniture. Refrigerators Setting Cut Stone. Reinforced Concrete. Steel Erection.- Metal Sash Electrical Work Furring and Partitions. Roofing and Skylight. Cement Floors Glazing Window Screen! Exterior Drains Grading and Planting. Light Iron WORK DONE WORK OR MATERIALS UNSATISFACTORY VISITORS MATERIALS DELIVERED MATERIALS OR MEN NEEDED NOW MATERIALS OR MEN KEEDED SHORTLY REMARKS Ckrk-of-the-Works. 70 ? 5 cQ ul Z < Z j^ ' a/ ' 5 ^ V § -7-^ 7 < Z' - 7 s -"" ^Ij <> o ^ ^<- '^^ 6 ^ i \ tJLl § ^ E <^ a U4 71 THE HANDBOOK OF PROFESSIONAL PRACTICE actual progress of the preparation of materials for and execution of work upon buildings. It is not the intention here to deal with diagrams of progress except as an aid to Architects. That the Architect may be informed of the per- centage of the work of each trade completed on any given building at any given time, a diagram of in- tended progress should be made on tracing linen so that the clerk of the works may from time to time show upon it the actual progress of each branch of the work, and may send it to the Architect who retains a print and returns the tracing. Exhibit No. 21 shows the earlier part of such a schedule. In it, reading from left to right, time is shown, while at the left, from top to bottom, appear the names of the trades. The space opposite each trade is divided by horizontal lines mto ten equal spaces, each space from top to bottom representing 10 percentof the work of that trade. Nowif for each trade a solid line be drawn from the upper to the lower limit of that trade, extending from the date of intended beginning to the date of intended ending, we have a schedule of intended progress quite a- clear as that shown in Exhibit No. 18 (Chapter 34). If there be any reason to suppose that the work of a given trade will progress at one time more rapidly than another, expression may be given to that supposition by a suitable modification ot the line. If now, as the work advances, dots be placed show- ing the precentage of the work of each trade done upon given dates, a schedule of actual progress will unfold itself, and it will be easy to see whether that progress is reasonably in consonance with the in- tended progress. Such knowledge warns those charged with the conduct of the work to take appro- priate action. The diagram in question, when made to a fairly large scale, presents very clearly the information which it is intended to supply; but if made to such a scale, and if many trades enter into the structure, it becomes long and inconvenient to handle. To overcome this difficulty, a circular form of the diagram of progress has been devised which, though seeming a little complicated, has the advantage of compactness and shows any deviation from in- tended progress very sharply. The circular diagram consists of two distinct records separated by a heavy double line. The outer circles may be used for the work ot certain trades and the inner, if it be thought desirable, for that of other trades simultaneously in progress. It is of distinct advantage to show the lines of the program and of progress in different colors. The circular diagram is to be seen in a series of articles by Charles A. Whittemore, A. I. A., entitled "Diagrammatic Progress Schedules" and published in the Brickhuilder in January, February, March, and April, 1916. These articles present an exhaus- tive treatment of the whole subject, show the values of such diagrams to architects, contractors, sub- contractors, and owners, and describe the applica- tion of the system to the preparation of shop and detail drawings and to the progress of work at quarries, shops, foundries, in transit, etc., as well as to work in course of erection. Chapter Thirty-seven Changes in the Aniount of the Contract Changes in the contract sum arise from sundry causes. Even though borings may have been made or test-pits dug, conditions underground may be such as to give rise to extras. So intricate is the process of drawing and specifying a modern building that it is scarcely possible even for the most expert to foresee and exactly describe every item that will be needed in its construction. Improvements in design, construc- tion, or materials are almost certain to occur to the Architect as the work proceeds, and it is dearly his duty to lay such suggestions before the Owner. The Owner himself may wish to include features that he had not thought of before closing the contract; some- times he merely changes his mind about what he wants. From these causes and many others arise changes that delay the work and increase its cost. It is a mistake to assume that such changes are as a rule welcome either to the Architect or to the Con- tractor. Except in rare cases, they are to both a source of delay, annoyance and loss. A reasonable percentage of the total cost of the work should be set aside as a reserve for that increase in the contract sum which almost inevitably takes place during the construction of the work. Article 24 of the General Conditions of the Con- tract makes it plain that the Architect has no right, except in emergencies, to alter the contract sum, either by ordering extras or by accepting deductions, 72 [Exhibit 22] ORDER FOR A CHANGE IN THE AMOUNT OF THE CONTRACT Office of Doe and Roe, Architects, San Gallo, Texas No. of this Order Date of Issuance To Contractor for At Owner „ Contract dated You are hereby instructed, subject to the provisions of the above-named contract, to make the follow- ing changes therein: Architect Owner 73 THE HANDBOOK OF PROFESSIONAL PRACTICE unless so authorized by the Owner. Such an authori- zation may be general, the Architect being consti- tuted the Agent of the Owner for such purposes, but the OwTier, under ordinary conditions, will be loath to grant to another so great a power over his purse, and the Architect, if well advised, will be unwilling to accept so heavy and unnecessary a responsibility. As shown in Article 24, the Owner sometime'; authorizes the Architect, in writing, to order an extra or omission, the Architect, in view of such instruc- tions, signing the order. In other cases the Architect prepares and countersigns the order, thus showing the Owner that it has his approval as to matter, form, and amount. The order is then sent in triplicate to the Owner, who is asked to keep one copy for his files and to sign two copies and return them to the Archi- tect, who keeps one for his files and sends the other to the Contractor. The clerk of the works should be furnished with a copy of each order. If the order is concerned with work designed by a specialist he also should be furnished a copy of it. An order for a change in the amount of the con- tract ought to bear a printed heading indicating that it is such. Thus clearly distinguished from ordinary correspondence, the probability is slight that claims will be made that instructions given in the course of such correspondence constitute orders for extras to the contract. Exhibit No. 22 is a typical form for such an order. It may be used when the Architect signs the order by writing "for" before the name of the Owner on the last line or it may be used, when the Owner signs the order, by writing "Ap- proved" before the name of the Architect on the last line. Chapter Thirty-eight Applications for Payment Article 26 of the General Conditions of the Con- tract provides — "The Contractor shall submit to the Architect an application for each payment and, if required, receipts or other vouchers showing his payments for materials and labor, including payments to subcontractors, as required by Article 44. If payments are made on valuation of work done, such application shall be sub- mitted at least ten days before each payment falls due." After describing the schedule of values of the various parts of the work (see Chapter 35), Article 26 further provides — "In applying for payments, the Contractor shall submit a statement based upon this schedule and, if required, itemized in such form and supported by such evidence as the Architect may direct, showing his right to the payment claimed." The Architect, by insisting upon the submission of a completely filled out form of Application for Payment, such as Exhibit No. 23, will find himself much assisted in the difficult task of arriving at the value of the work on which the amount of the certifi- cate is to be based. If there be a clerk of the works, a copy of the Contractor's application is usually sent to him for verification and report as in Chapter 36. Sometimes the Architect by a mere inspection of the work satisfies himself of the correctness of the appli- cation, but such a method can scarcely be com- mended. For all work of importance, and especially for work paid for by public funds, it is the best practice to have quantities taken off and the work of each trade care- fully valued by a competent person for comparison with the Contractor's claim. One of the excellent features of the Quantity System (see Chapter 26) lies in the fact that the quantity surveyor, a person especially competent for the task and already familiar in detail with the work and its quantitier, may be asked to make a valuation of work done, as a basis for the amount of each cer- tificate. The valuation of work forming the basis of a cer- tificate of payment should be regarded as one of the Architect's most serious duties, not merely because a failure correctly to value it must do some injury, even if only for the time being, to the Owner or the Contractor, but because in cases where a loss has fallen on one of them on account of an inaccurate valuation, the Architect has been held liable for the full amount of the loss. 74 (Exhibit 23 first page] APPLICATION FOR A CERTIFICATE OF PAYMENT made to Doe & Roe, Architects, the day of. 19. To innurf prompt instance of the certificatt thin fwm nhouUl he fdUd out in tripHciUc, between the first and fifth of each month, one copy heiny retained by the Contractor and two furwardtd to the Architect$. In accordance with the terms of a contract entered into the, day of 19 , by and between , {Name the kind 0/ work, kind of building and its location.) Owner and Contractor, for the Contractor certifies (a) that proportionately to the amount of the contract the value of labor and mate- rials incorporated in the work up to the first day of the current month was.... $ (b) that the percentage reserved thereon amounts to $,. (f) that deducting (b) from (a) the net sum is..._ $ {d) that the total of certificates heretofore issued is $ _^_ (e) that the net balance now subject to certificate is _ $ and the Contractor hereby applies for a certificate in that amount. The Contractor further certifies that the statements on pages two and three hereof are in all respects correct, and that, to the extent to which the items in column seven may be allowed, he will forthwith pav the several subcontractors in accordance with Article 44 of the General Conditions of the Contract. Contractor. 75 [Exhibit 23 second page] SCHEDULE OF VALUES PREPARED IN ACCORDANCE WITH ARTICLE 26 OF THE GENERAL CONDITIONS OF THE CONTRACT Column i. The names of the several parts of the work. Column 2. The names of the Subcontrac- tors for the several parts of the work. Column 3. The value of each of the several parts of the work. I 2 3 4 5 6 7 8 • 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 41 42 43 Original Contract Sum 44 4S Balance of Extras and Omissions . . 46 47 Contract Sum at date hereof .... FOR CONVENIENCE IN TYPEWRITING. THE FIRST and SECOND SHEETS OF THIS FORM MA Y BE DETACHED FROM EACH OTHER 76 [nAtiimr 23, third pane] STATEMENT OF THE PROGRESS OF THE SEVERAL PARTS OF 1 BASED ON THE FOREGOING SCHEDULE OF VALUES. IE WORK C'oi,. 4. 1 lie value of labor and matL-rials incll/r\. 1 Ir^ 1 tliat, in accordance with the terms of a contract executed the day of 19 , by and between Contractor and Owner, for there will be due and payable from the Owner to the Contractor, upon the fifteenth day of. 19 , the sum of. a ) The status of account under the above contract is as follows: Original contract sum $ Additions to date hereof._ Original sum plus additions „ Deductions to date hereof. Contract sum at date hereof. _ Total certified, including the amount of this certificate Leaving not yet certified „ Architects The Contractor, having examined the above statement of account, finds it correct and acknowledges receipt, upon the 19 , of the amount above certified. Contractor This certificate is not negotiable. It is payable only to the payee named in it. Its issuance, payment and acceptance are without prejudice to any rights of the Owner or Contractor under their contract. 79 THE HANDBOOK OF PROFESSIONAL PRACTICE Part VI THE ARCHITECT AND THE LAW Chapter Forty General Aspects of Architectural Law It is difficult to discover from common law and from statutes the principles governing the relations of Architects, Owners, and Contractors. To discern such principles from conflicting masses of care law is still more difficult, since the outcome of cases is dependent upon testimony often obscure and con- flicting, upon the intelligence of the jury, upon the sufficiency of the pleading, upon the wisdom and experience of the judge. After reading reports of many such cases one is forced to the conclusion, that with few exceptions, those who find themselves at law are the stupid, the negligent, the dishonest, and the unreasonable. The average Architect, endowed with honesty and a fair degree of skill, using such well-perpared documents as the Institute has now made available, is not likely to become involved in litigation. Since this hand- book assumes the use of those documents, and since a number of the preceding Chapters have dealt with legal matters, but few aspects of the Architect's rela- tion to the law need to be mentioned in this Chapter. The Architect who wishes to gain some general knowledge of the law as related to his work should consult "Architect, Owner and Builder before the Law," by T. N. Clark, F. A. I. A., which deduces, from some 800 cases therein reported, the principles of the law as related to building. Since the date of its publication, 1894, the statutes relative to the subject have grown in number and the records of cases have become much more voluminous. Therefore, two series of articles bringing the subject up to date, one entitled "Legal Hints to Architects," which appeared In the Brickbuilder, 191 1, the other "Architectural Jurisprudence," in the Brickbuilder for 1913, both from the pen of William L. Bowman, C.E., LL.B., should be carefully studied. License to Practice {Registration) The regulation by law of the right to practice architecture is commonly designated by the term "Registration of Architects." State legislation has been enacted In nineteen states, viz, Illinois, Cali- fornia, New Jersey, Colorado, Louisiana, Utah, North Carolina, New York, Michigan, Florida, North Dakota, Idaho, Wisconsin, South Carolina, Pennsylvania, Oregon, Georgia, Montana, Wash- ington. The primary purpose of registration laws is to eliminate pretense and incompetence by making the term "Architect" a legal title. The basis upon which the constitutionality of such legislation is defended is the exercise of police power for the pro- tection of the public against unsafe construction. A broader view of the highest good to both the public and the profession of architecture leads to the con- clusion that actual physical safety in only one phase of needed protection. Hence it is that registration laws should be expected not only to eliminate the in- competent bui also to encourage a higher standard for the competent. In other words, registration laws should be regarded as educational measures. The Institute, recognizing registration as a powerful influence in raising educational standards, is taking a keen interest in the matter, and the Board of Direc- tors, through a Special Committee, stands ready to advise when such legislation is contemplated in any State. The Committee has prepared a model form of Law for the Registration of Architects, which appears as Appendix V of this Handbook. The fifty-second Annual Convention of the Amer- ican Institute of Architects recommended that each Chapter shall take an active interest in the regulation by State legislation of the practice of architecture. The Chapters are urged to act with a view of securing the enactment of legislation or the revision of laws already enacted, in order: First, to place the profession upon the best possible plane of educational, and technical qualifications, and Secondly, to obtain a desirable uniformity in State registration laws. So rilK ARCHITECT AND IIIK LAW It is manifestly important, since rcf^istiation laws are from time to time enacted, that the ultimate good shall he served hy aiminR toward some uniformity of standard of education which will avoid conflict and tend toward reciprocal relations among the various States. The principle of non-retroactive legislation forbids taking away the right of any one to call himself an Architect who enjoyed such right previous to the passage of an act admitting to the practice of archi- tecture. A "license" law presumably requires all — both old and new — practitioners to take out cer- tificates. A "registration" act (the preferable term) may leave undisturbed even incompetent practi- tioners and grant certificates to those only who attain to its standard of qualifications, whether they be past or prospective practitioners. 1 he former seems more like an ordinary license tax. Ultimately, however, in a State having such a law every Archi- tect must have a certificate; hence the real diflFerencc between "licensed" and "registered" is one of taste in terms. The attempt to do work without compliance with license or registration laws may make it impossible for the Architect to recover compensation for his services and may also prove to be an offence, the punishment for which may be described either in the statute or in the criminal code. Many cities, towns, etc., require an Architect to take out a license or pay a tax, failure entailing a fine. For a more detailed discussion of the subject, see W. L. Bowman in the Brickhuilder, July, 191 1. Agreement as to Services. When the Architect is a litigant his trouble gener- ally arises from a defective agreement with the Owner or from the absence of any agreement. Such cases represent in the main so foolish a neglect of funda- mental business principles that it is hard to sym- pathize with either party. They show a reliance upon custom, upon verbal contracts, upon vague memoranda, upon tenders to make drawings on approval or to receive payments based on some con- tingency beyond the Architect's control. There is a very certain way to avoid troubles of this kind; the use of a written agreement carefully prepared in such form as to foresee and avoid com- plications such as have heretofore been sources of litigation. For such forms see Appendices E and F. See, also Chapters 4 and 30; and for a discussion of the difficulties encountered by Architects in seeking to collect their fees under unwritten or otherwise defective agreements, see Clark or Bowman. Inability to the Owner. The Architect must display, what in the light of present knowledge is to be considered as reasonable skill, ability and honest judgment in designing and superintending the work and in advising the Owner in regard to anything connected with it. He must also be responsible for any incompetency on the part of his assistants. Denial that the Architect has properly performed his duties is the usual defense against a suit brought by him to recover his fees. Bowman finds that the Architect was unable to recover under the following circumstances. {a) Wliert the lowest proposals or the actual cost substantially exceeded the appropriation or the limit of authorized cost. (i) In public construction work, where there was no appropria- tion or where the contracting officials had no power to contract; or where the charter requirements were not fully complied with; or where the appropriation was void because of failure to comply with such requirements, etc.; or where the Architect was not qualified or was disqualified to accept such public contract. (c) Where the plans and specifications were not delivered within a specified time or were not complete according to contract or custom. (d) Where the plans and specifications or the buildings con- structed therefrom did not fulfil the purpose for which they were designed or were defective in other than minor details. (c) Where there was wilful omission or departure by the Archi- tect from the terms of his employment or from the directions and instructions of the Owner, or from the approved plans and specifi- cations. (J) Where the plans and specifications or either were prepared in violation of the law, either State statutes, or city ordinances, or building codes, etc. (g) Where the supervision was neglected, the defects being such as were discoverable by the exercise of reasonable care and skill on the Architect's part. In the cases from which the above statements arose the penalty imposed was that of withholding the Architect's fee or some part of it. There are, however, many cases on record in which damages exceeding the unpaid balance of the fee have been awarded to the Owner. Such cases are reported in Clark and referred to by Bowman. They also generally arise from the causes named in the above list. Liability to the Contractor. Bowman says: "An architect's duty to a contractor consists chiefly in giving honest and fair estimates of work done or certificates for payment at the proper time; reasonable, honest, and timely decisions on all matters within his scope, either as agent of the Owner or as an arbitrator; and written orders for alterations, additions, extras, or omissions, only when he is authorized by the Owner to give such orders. .\ failure on the part of an architect to perform these duties, except perhaps his failure as an arbitrator, creates a lia- bility to the Contractor." THE HANDBOOK OF PROFESSIONAL PRACTICE " For a general statement it may be said that for a nonfeasance, which is the neglect of an architect to do some act which he was bound to do under his employment, the Architect is not responsible to others than his employer. When, however, the Architect does a lawful act or his duty in an unlawful or improper manner, he is always responsible to the employer and often to the injured party." Liability to Others than the Owner and the Contractor. Cases are on record in which damages for physical injun,- or death arising from work planned or super- vised by an Architect have been awarded against him. As an Architect's liability is not ordinarily covered by the Contractor's or Owner's liability insurance, the Architect may properly carry contingent liability insurance of his own. Reasonable Skill and Care. In many of the cases in the above list the Architect had failed to show reasonable skill and care in the preparation of plans and specifications or in the supervision of the work. A word as to what the law regards as reasonable skill and care, especially in supervision, may be in order. T.M.Clark says that: "Architects are not bound to the utmost skill, such as only a few members of any profession attain, but they must show what other architects will generally consider to be a reasonable degree of professional intelligence and knowledge. The care and atten- tion apart from the skill which they should devote to thfir em- ployer's affairs ought to be greater thaji that which they would bestow upon their own affairs of similar character." To the different meanings which may attach to the idea "reasonable skill and care" a long series of decisions bears testimony. They vary from the many given in rural communities and by the lower courts to the effect, in substance, that the Architect is not only the guarantor of the perfection of his own work but of that of the builder, to that in a New York case, Hubert vs. Aitken, 15 Daly 237, 242, (1889), in which the Court said : "An architect is no more a mere overseer, or foreman, or watchman, than he is a guarantor of a flawless building; and the only question that can arise in a case where general performance of duty is shown, is whether, considering all the circumstances and peculiar facts involved, he has or has not been guilty of negligence. This is a question of fact and not of law." "The defect in the plans which led to the construction of too small a chimney was something for which the plaintiffs" (;. e., the .Architects), "and no one else, could be held responsible." The decision was affirmed by the Court of Appeals without opinion, 123 N. Y. 655. It goes without saying, however, that the Archi- tect, since he is chosen with a view; to his special qualifications for the work in hand, and since he per- porms a personal professional service will feel bound to display a degree of skill and care above the level which appears to content the law. Liability to kiiozv the Law. The Architect is, as a rule, prone to imagine that something excuses him from a competent knowledge of building laws, ordinances, etc. He thinks, perhaps that a building permit is evidence that his plans comply with the law in all its phases. If, however, the Architect's failure to know the law causes the Owner damage, the Owner stands a fair chance of getting reparation in Court, since the courts take the position that the Architect must so design and specify his work that it shall conform not merely to statute law, the major codes, etc., but to all the laws, rules, regulations, etc., applicable at the place of building. Mechanics' Lien Laws. The following general statements are to be found in Bouvier's Law Dictionary: "A lien is a hold or claim which one person has upon the property of another as a security for some debt or charge. "The lien of mechanics or material men on buildings and for work done or materials furnished exists by statute to a greater or less extent in all the United States. Each State has its own mechanics' lien law, differing often in minor particulars but alike in the general provisions. " In most of the States this lien is equal to that of a judgment or mortgage and can be assigned or enforced in a similar manner. The lien affects only real estate and attaches to the materials only when they become real estate by being erected into a building and attached to the land. "The benefits of the statute apply only to the class of persons named therein. The contractor seems to be universally secured by the lien and in most of the States the subcontractor and material man are also protected by a lien. In some States these provisions extend to workmen but in most they do not. "A contract by which a contractor agrees that he will not suffer or permit to be filed any mechanic's lien or liens against a building waives the right to file a lien in his own favor. "A lien cannot be acquired against certain classes of property which are exempted on the ground of public policy, e. g., schools and other public buildings." In certain States one who plans, supervises, or superintends the construction of a building has the right to file a mechanic's lien. If the right to file a lien were confined to those having a direct contract w ith the Owner, he and his Architect might have little concern about the matter, but the operation of the law is, in many cases, such that should the Contractor fail to pay any subcon- tractor, such subcontractor would have the right to file a lien. The definition of a subcontractor is, as a rule, fo broad as to include all those who by contract or agreement with the Contractor, or with one acting 82 THE AF^CfiriECT AND THE LAW for lum, have fiirnislied lal)()r or mattiial ami, In some cases, all those who have done work upon the hiiilding or have merely hauled material. Even though the Owner may have fully discharged his debt to the Contractor, he may, on account of the Contractor's failure to pay his subcontractors, be forced a second time to pay for parts or even the whole of his work. It is against condition*^ such as these that the Architect should endeavor to defend the Owner. 'Ihe laws of the several States are so diverse in the matter of liens that no attempt to state their pecul- iarities will be made here. The Architect, unless perfectly sure of the law of the place of building, should confer with the Owner's counsel and receive instructions from him as to the exact language to be used in the General Conditions, which language will not always be that of Article 29. Proper attention should be given by the Architect in conference with the Owner's counsel to an eflFective waiver of liens. Such a process in a number of States affords excellent protection, as, for example, in Pennsylvania where the Owner, by pursuing a course clearly defined by statute, may secure im- munity. When provision is made, as in Article 29, of the General Conditions of the Contract, for the delivery of a release of liens or other parallel cour.se, the Architect should, for the protection of the Owner's interest, sec to it that such a release be furnished or such other course as is named in that Article be followed. Since it is almost invariably the case that the Architect has no means of telling whether the release is or is not complete, he should insist on being furnished with the affidavit called for in Article 29, otherwise he may be held as having acquiesced in the idea that the release is complete. The Architect as a Witness. The subject of the Architect as witness and as expert witness is perhaps not closely enough related to the title of this handbook to call for more than mere mention herein. It has been fully treated by Bowman in the Brickbuilder for December, 1913. Conclusion. The Architect who pursues his work with tact, diligence, busmess sense, and proper skill, need have little fear of legal entanglement. He should, how- ever, at the first suggestion of trouble, avail himself of legal advice, not assuming any competency to carry on, unaided, any matter that threatens to result in litigation. Chapter Forty-one Architects' Partnership Agreements Architects have suffered much from badly drawn partnership agreements. Ordinarily, while the partners continue in practice together, no troubles are encountered, but upon a separation, especially upon the death of a partner, they are likely to arise. They generally take the form of heavy demands from the estate of the deceased partner for good-will, or for the right to continue the use of the firm name, or for other matters equally difficult of exact valua- tion, demands which neither partner anticipated. Sundry methods of avoiding these difficulties are in use, as: (a) To agree that, in lieu of good-will or all claim.'' of a similar nature, a certain percentage of the net profits or of the gross receipts from work in the office at the time of dissolution shall be paid to the retiring partner or to the estate of a deceased partner. (b) To agree that any partner dying or withdraw- ing from the firm bequeaths or gives to the firm all the good-will or similar claims to which he might otherwise have been entitled; but this is a less satis- factory method, since the valuation of the interest for the collection of inheritance taxes may raise difficult questions. (f) To carry partnership insurance at the expense of the firm, which will cover the interests of the sur- viving partner as well as the estate of a deceased partner. Architects about to enter into partnership should consult the article on "Partnership Agreements for Architects" by William L. Bowman, C. E., LL. B., in tht Brickbuilder ior ]\x\y, igio. In it will be found a specimen form of articles of partnership, to- gether with a discussion of many phases of the sub- ject. The following form differs from Mr. Bowman's in many ways. It is simpler and shorter. Like his, it may be used as a basis on which Architects may build under competent legal advice, such an agreement as mav suit their needs: THE HANDBOOK OF PROFESSIONAL PRACTICE These Articles of Partnership entered into this fifteenth day of December, 19 — , by and between John Doe and Richard Roe, both of San Gallo, Texas. Witness that the said Doe and the said Roe for the considera- tions hereinafter named agree, as follows: Article I. To practice architecture under the firm name of Doe & Roe, commencing on the first day of January, 19 — , and continuing until dissolution in accordance with Article 9 (a) hereof. Article 2. To provide from time to time in equal amounts any capital needed. Such capital and all undrawn profits to receive interest at the rate of five per cent (5%). Article 3. To loan to the firm for its use, without hire, the fur- niture, books, pictures, et"c., enumerated in the two schedules attached hereto. Article 4. Not to take part in any other business or profession but to devote themselves and their best skill and efforts entirely to the success of Doe Sc Roe. Article 5. Each partner shall have the right to sign the firm name to checks upon the firm's bank account. Article 6. Neither partner acting for himself or in any capacity shall sign or endorse any promissory note, give bail, nor become guarantee or surety except with the written consent of the other member, nor shall either acting for the firm do as above without written consent of the other. Article 7. Proper books of account shall be kept in a manner satisfactory to both partners. The fiscal year shall coincide with the calendar year; the profits and losses of the firm shall be calcu- lated as of such periods, and they shall be equally divided. Article 8. Each partner shall be paid $ monthly on account of anticipated profits, but with this exception no profits shall be withdrawn prior to their annual crediting, unless a divi- sion of profits at shorter intervals has been agreed to by mutual consent; nor shall any money be withdrawn on account of profits before such money has actually been received; nor, except by mutual consent, shall one partner draw against profits unless the other draws an equal amount. Article 9. (a) Dissolution of the firm shall take place by written agreement at any time; or, if not, then three months after the giving, by one member of the firm to the other, of written notice of intention to retire therefrom. (b) During the above three months the business shall be carried on by both partners, the profit or loss to the end of that period being divided equally. In the event of the death of one partner, the business shall be carried on for a period of three months by the survivor, the profit or loss to the end of that period being divided equally. (c) If both partners elect to retire from practice at the time of dissolution, then the assets and liabilities of the firm shall be divided equally. (d) If the dissolution be by death and if the surviving partner elect to continue in practice, whether alone or in partnership with one or more persons not members of the firm of Doe & Roe, he shall have the right to continue the use of the name Doe & Roe by compensating the estate of the deceased partner as in the proviso of clause (<■). If, however, dissolution be by notice, neither partner shall have the right to use the name of Doe & Roe without the written consent of the other, unless one is retiring from practice and the other continuing to practice, in which event the one continuing shall have the right to use the name subject to the proviso of clause (f). (e) If the remaining or surviving partner elect to continue practice, whether alone or in partnership with one or more persons not members of the firm of Doe & Roe, then the practice of Doe & Roe and its good-will, including all its existing contracts and everything relating thereto shall, without compensation to the retiring partner or to the estate of the deceased partner, become the property of the remaining or surviving partner; provided, however, that such partner shall pay the retiring partner or the estate of the deceased partner one-fifteenth (1-15) part of the gross commissions falling due to himself or to any successor firm, d uring a period of three years from the date of dissolution, upon any work which the firm of Doe & Roe is doing or has been commis- sioned to do at the date of dissolution, which fifteenth part shall be for and in lieu of good-will or any other similar claim or claims, and in such case any partner hereby consents, for himself should he be retiring from practice or on behalf of his estate should he be then deceased, to the continued use of the name Doe & Roe as set forth in clause {d} hereof. Said commissions as actually received shall be accounted for and paid over quarterly; and in the event of any default for more than thirty days in accounting for and paying over the same, the right to the use in any form of the firm name of Doe & Roe shall cease until all such payments due, with interest thereon, have been made. (/) In case of a dissolution, the books of the firm shall be used only until liquidation in full has been completed and in no way in connection with the business of any person or firm succeeding. Full access to all the books and full knowledge of all business transactions during the prescribed three months and during liquidation shall be accorded to the retiring member and to the estate of a deceased partner. Assets collected in liquidation shall be distributed as soon and as frequently as may be prac- ticable. (g) The furniture, etc., of a retiring or deceased partner, as shown in the attached schedule, shall at the time of dissolution be returned to him or his estate, but no allowance for deterioration or loss prior to the date of dissolution shall be made. (/i) In case of dissolution, all the furniture, fixtures, improve- ments, pictures, books, drafting supplies, etc., not included in the two schedules attached, whether carried upon the books or not (but not drawings of any kind, sketches, specifications, or correspondence), shall be valued by a competent disinterested person or corporation, proper disposition being made of any "furniture" or similar account on the books. All objects covered by such valuation shall become and be the property of the remain- ing member of the firm upon payment to the retiring partner, or to the estate of a deceased partner, of half of the amount of the aforesaid valuation. If the remaining partner shall not avail himself of such option, then the objects covered by such valuation shall be sold at public auction and the proceeds equally divided. (i) Except such furniture, etc., as is covered by the two sched- ules and the valuation, all contents of the firm's office, except cash, but including drawings of all kinds, sketches, specifications, and correspondence shall become and be the property of the remaining member of the firm, and in respect thereof, a retiring partner, but not the estate of a deceased jiartner, shall be entitled to one copy of any sketch, drawing or specification of which an original and one or more copies exist, but if no copy exists, the retiring partner shall be at liberty to have one made. Article 10. Arbitration. (Clause similar to the final article of Appendix F of this handbook.) The parties hereto, for themselves, their successors, executors, or administrators hereby agree to the full performance of the cove- nants herein contained. In Witness Whereof they have executed these .Articles of Partnership the day and year first above written. In connection with this subject, it may be well to point out that since the relations of sundry Archi- 84 DOCUMENTS OF THE AMERICAN INSTITUTE OK ARCHITECTS tects working together are liable to misinterpretation, it is wise to make known to clients and others the names of persons who are memhers of the firm, as distinguished from those associates who are not. The most effective way of doing this, in regard to any particular piece of work, is to state in the agreement with the Owner the name of each meml)er of the firm, followed by the firm name itself. On the office door and on letterheads a very evident distinction should be made between names of the members of the firm and those who are associated with the firm in whatever capacity. In case one who is not a member of the firm re- ceives some percentage of the profits, the advice of competent counsel should be sought as to the agree- ment or letter of employment. In some States, in order to avoid making such employee a member of the firm, it should be agreed that the percentage of profit paid him is received in lieu of, or as part of his salary, but all such agreements should be drawn with a full knowledge of the law of the State wherein the Architect's office is situated. Such precautions are desirable lest such employees, consciously or unconsciously, give out an impression that they are members of the firm or drift into what comes to be acknowledged as such a position. There is a double danger therein, in that upon the death of such a person his heirs may make claims upon the firm which it may find difficult to disprove, or, on the other hand, in that those who have been led to believe that the employee is a member of the firm may, in case of its failure, attempt to hold the employee liable for its debts. Similarly, attempts might be made to hold the firm liable for representations made, or contracts entered into, by the employee in its name. Part VII « DOCUMENTS OF THE AMERICAN INSTITUTE OF ARCHITECTS Relative to Professional Practice and Business Administration The documents issued by the Institute concern themselves not merely with the ethics of the pro- fession, with architectural competitions and with proper minimum charges, but with the relations of owners, architects, contractors, subcontractors and sureties. The formulation of these latter docu- ments arose from the idea that it might be possible, by a comparison of such as were in general use and through the criticism of each of the classes concerned, to produce a series of forms reflecting the best prac- tice, equitable as between the parties, and in general clearer in statement and more adequate than any previously in use by individuals. It is hoped that the many years of labor put upon these documents by the Institute has resulted in the attainment of those ends. The American Institute of Architects The American Institute of Architects is the only society nationally representative of the profession of architecture in the United States. Each member of the Institute is also a member of one of its forty con- stituent branches distributed throughout the country, and known as Chapters. The objects of the Insti- tute, as set forth in the Constitution are "to organize and unite in fellowship the Architects of the United States, to combine their efforts so as to promote the esthetic, scientific, and practical efficiency of the profession, and to make the profession of ever in- creasing service to society." Its strength in pushing forward to those ideals lies in the united purpose of Its widely distributed membership. The Institute keeps steadily in mind higher pur- poses than the mere protection of the professional interests of its members. In its "Circular of Advice relative to the principles of Professional Practice" (Appendix B), it insists, as a prerequisite of pro- fessional standing, upon the observance of good faith and honor between the Architect and his client, and between him and his fellow Architects. From its sometimes painful experience, the Institute en- deavors to formulate methods of procedure, such as those of the circular entitled "Architectural Com- petitions" (Appendix C), calculated to secure for the 8; THE HANDBOOK OF PROFESSIONAL PRACTICE Owner the results for w hich he strives, and to estab- lish conditions of service of unquestioned fairness. In the schedule of proper minimum charges (Ap- pendix D) and in the two forms of agreement (Appen- dices E and F) a scrupulously equitable relationship is built up between the Owner and his Architect. In fact, the Institute maintains the high ground that an Architect's best service can never be at variance with the Owner's best interest. Its constant effort is to raise the standards of education, ability and ethical practice. The Institute would make it clear to all its mem- bers that it is as a duty to their art and to their pro- fession rather than to any selfish interest that the Architect owes his untiring support to the effort • of the Institute to favor the corollary of the axiom that "the laborer is worthy of his hire," which is that "the character of the service must be worthy of the fee." In their attempts to govern by statute the relations of client and Architect, many of the States have enacted licensing or registration laws, admirable in so far as they tend to eliminate the incompetent and to set up worthy standards as prerequisite to the use of the word "Architect" as a legal title, but often narrow in their scope and defective in detail. To improve and coordinate these laws, so that variations of practice in interstate work may not embarrass either client or Architect, and to insure justice in the interchange of registrations, is a present active effort of the Institute. (See Chapter 40, also Appendix V.) The guidance of public taste in Federal buildings, a delicate office under our form of Government, is ever a matter of concern to the Institute, even though the measure of achievement be recorded in the main by the list of mistakes averted. The time must surely come when the Institute's efforts to that end will be rewarded by the establishment of a sound public opinion. The Institute encourages the craftsman, as well as the student in the architectural schools of this coun- try, and in the American Academy in Rome, by the award of medals. These, in their fields, are as im- portant as IS, to Architects, the award of the Institute's gold medal for distinguished achievement. While leadership in city planning and housing is distinctively one that belongs to the profession, there are cognate fields of altruistic service for which no single organization seems obviously responsible. These labors for the public weal have been aided by the Institute under the direction of such committees as Public Works, Fire Prevention, Preservation of Historic Monuments and Scenic Beauties. Its Journal is a potent factor in the success of the Institute's activities, from the moulding of public opinion in favor of a logical national policy in Gov- ernment architecture to the more technical work of codifying industrial materials and methods and of standardizing measurements and nomenclature. In its Standard Contract Documents (Appendices J to P) — each later edition keeping pace with ad- vancing thought and practice — the Institute presents the experience oPmany years and the labors of many minds. These documents are doing much to improve professional ethics, to standardize practice, and to make equitable the triangular relationship of Owner, Architect and Contractor. There is a vast field for future service for the Insti- tute. There are many conditions which the Archi- tect would reform, but which are too deeply rooted to yield to individual effort, and so it remains the work of the representative national society to strive to change them by basing its action on the ground of the common interest of the public and the profession. 86 APPENDICES Part VIII APPENDICES Appendix A Agenda for Architects. {Memoranda of Procedure and Progress) These memoranda state, in the order of their oc- currence, such administrative acts as the Architect has usually to perform, and they provide a way of recording the performance of them by means of dates placed opposite the several items. They therefore suggest an orderly method that should enable the Architect to dispose of such administrative detail with ease and certainty. It is not to be supposed that this method will commend itself to all Architects. Most of them have their own systems from which they obtain good results; but it is hardly likely that a study of the method will be without influence on existing systems or that its adoption will prevent the Architect from including in it details of his own. On the Use of the Agenda as Part of a Journal of the Work Every architect, whether he recognizes it or not, keeps something equivalent to a diary of each piece of work that is passing through his office. Some- times this record is scarcely more than a few scattered notes; generally it has to be sought in the files; some- t mes it is kept as a Minute Book. As such, it serves as a record of items that, having no specific place in the ordinary filing system, are either mislaid or never committed to paper. If the Agenda, which for that purpose are pub- lished separately from this Handbook, be placed in a loose-leaf cover, and if a date or note be entered opposite each item, such a record will form a valuable part of the Minute Book. Especially is this true of the ruled sheets facing Sections VI, VII, VIII, and IX, not because precise dates are of great value, but because when there are a number of contracts to be let, the sundry steps in preparation for letting, in letting and subsequent to letting them, are visually presented by such a diagram, dates, or symbols set at their appointed places, clearly indicating the prog- ress made with regard to each contract. If to the Agenda there be added, from time to time, leaves bearing any items not covered in the Mem- oranda or by the files, many things will be at hand which might otherwise be found with difficulty. For example, unless the Architect keep it, there is usually no record of a meeting between him and the Owner. Even in the case of a building committee, the minutes are usually scanty and untechnical. It is therefore good practice for the Architect to keep minutes of all such meetings, filing one copy in the Minute Book and sending another to the Owner. When the work is let under one or a few contracts, the documents relating to it may be included in the loose-leaf cover which would then contain, for example, a copy of the Agreement between Con- tractor and Owner, a copy of each order for extra or omission, each application, each certificate of pay- ment, etc. Each class of documents will, of course, be separated from the others by suitable index sheets. Where the documents are many, they will naturally be kept in files. If items be set down in the Memoranda opposite the line representing the time at which action sliould be taken, the memoranda will then serve as a docket or list of matters needing future attention. The Memoranda might have been fewer had it been possible to assume that all Architects had but a small practice, but to have value the\' had to be written on a larger assumption. The course in- dicated by them has, however, in one way or another to be followed as each piece of work takes its way through the Architect's office. It is not to be supposed that any one will attempt to follow the Agenda from end to end. Many of them will be seen at a glance to have no bearing on the case in hand, but if once in a while the next step is made plain, a fortunate wording suggested, a sound method established or a mistake averted, their use will have been justified. In using the Agenda, tact and discretion must be presupposed, for without those qualities, consciously or subconsciously present, no Architect goes far without a fall. S7 THE HANDBOOK OF PROFESSIONAL PRACTICE MEMORANDA OF PROCEDURE Section I Preliminary Considerations Record of Action Taken Partnership. — See Chapter 41 , "Partnership Agree- ments." Tendering Services. — See Appendix B. Cases in which employment should not be ac- cepted. See Appendix B. Employment. — In discussing the terms of an agree- ment, bear in mind Chapter 3, "Methods under which Architects are paid for their Services," and remember that the Schedule of Charges, Appendix D., may be found of use. Expenditures. — Keep an account of any expen- ditures. See Chapter 13, "Cost Accounting." Section II Agreement Between the Owner and the Architect Discussion. — For a general discussion of this sub- ject, see Chapters 3 and 4. Form of Agreement. — Prepare the Agreement, using one or the other of the Standard Forms, Ap- pendices E and F. See Chapter 4. For notes on dates, on names or titles of the contracting parties, on signatures, on witnesses and seals, see Chapter 30. Date of Execution of Agreement. Date of Delivery to Owner. Retain a signed copy in a place of safety. Make a copy for use in the office. Section III Preliminary Sketches (See Chapter 17, "Preliminary Studies and Models") Handbook. — If the Owner has not already been furnished with a copy of the Handbook, consider whether it would be wise to send him one so that he 88 APPENDICES may the more intelligently cooperate with the Archi- tect. Record. — Make a record in the Minute Book of any interviews with, or instructions received, from the Owner and of the dates of sulimission of the several sets of preliminary sketches, etc. It should contain a record of everything of importance that has been suggested by the Owner or the Architect, and agreed on, postponed or disapproved, including matters of design and construction as well as cost. It should be in as simple and short a form as possible, and a copy sent to the client as soon as may be after the inter- view, with a request to notify the Architect promptly if it does not cover satisfactorily the matters dis- cussed. Architect's Survey. — If the work consists of alter- ations or additions, have a suitable survey made. See Chapter 16. Owner's Survey. — Request the Owner in writing to furnish, as per his agreement, the "complete and accurate survey of the building-site, giving the grades and lines of streets, pavement and adjoining properties; the rights, restrictions, easements, bound- aries and contours of the building-site and full in- formation as to sewer, water, gas and electrical service." Impress upon the Owner the great importance of absolute accuracy and completeness in this matter. See Chapter 15, "Survey and Information." Advise the Owner as to the selection of a Surveyor. Instruct the Surveyor as to the contour interval and all information desired. See Chapter 15 for check-list. Date for receiving the survey and information. If the Architect has to pay for the survey or in- formation, charge the Owner's account with the cost. Btiilding Laws. — Procure and study the laws and regulations controlling planning and construction at the place of building. If not positive that the pre- liminary sketches comply, as far as such sketches may, with the laws, submit them for tentative approval to the proper authority. Be sure, how-ever, that the Owner does not object to such submission on account of a premature disclosure of his intention to build. See Chapter 40. Titles, Numbers, etc. — Give the sketches a title, number or letter, and date them so that each set may be distinguished from the others and so that the order in which they were made may be apparent. Keep copies of all sketches sent to Owner. If sketches are sent by mail, register same. Record of Acliori Taken 89 THE HANDBOOK OF PROFESSIONAL PRACTICE DETAILS OF OWNER'S SURVEY Water Main — Location: Size: Pressure: Sewer — Location : Size: Depth: Separate surface water: Electric Current — Location: D. C. or A. C: Cycles: Voltage: Telephone — Location: Underground: Above ground: Gas Main — Location: Size: go APPENDICES Plainly figure the sizes ot rooms upon the sketch plans, since the Owner is not usually expert in scal- ing them. Set down the cuhage of the hiiildinE upon each set of sketches so that it will he conveniently at hand if needed in conference. Modi'ls. — Consider the advisahility of making a model. See Chapter 17. Account of Costs. — Keep an account of all costs. See Chapter 13, "Cost Accounting." Time for Preparation. — See that the Owner is informed, in accordance with article 2 of Appendix H, of the importance of sufficient time for the prepara- tion of drawings and specifications. Estimali'S. — Make preliminary estimates. On their importance, method of making them, their con- ditional character, see Chapter 18, "Preliminary Estimates." Minutes. — In the minutes of any conference with the Owner, keep a careful record of any statements made to him as to the probable cost ot the work or cost per cubic foot. Approval. — Date of approval of the final set of preliminary sketches. See Chapter 19, "The Accept- ance of Sketches," etc. Charge the Owner s Account with Services to Date. — See Chapter 14. Bill for Services. — Send a bill for the installment of the Architect's fee due upon the completion of the preliminary sketches and for any reimbursements due under the Agreement, or otherwise. Registration. — If the building is to be erected in a place where registration or local license is required, take the proper steps. See Chapter 40. Rec'ird 'if /Irli'iii Tfiken Section IV Working Drawings and Specifications (See Chapters 20 and 21 on the subject in general) Date of Ordering working drawings and speci- fications. Time for Preparation. — If the Owner, by insistmg on undue haste in the preparation of drawings and specifications, is impairing their thoroughness, it is the Architect's duty to impress upon him the im- 91 THE HANDBOOK OF PROFESSIONAL PRACTICE portance of sufficient time. See Appendix B, Article 2, Date of Beginning working drawings and speci- fications. Survey. — If the Owner has not yet furnished, as per the Agreement between 0\vner and Architect, the survey and information there described, urge him again to furnish it. See Chapter 15. If the Archi- tect has to pay for the survey, charge the Owner's account with the cost. Borings and Test-Pits. — If borings or test-pits have not yet been made but are needed, ask the Owner's authority to have them made in accordance with the Agreement between Owner and Architect, or with Article 10 of the Schedule of Charges, Appendix D. Engineers. — Select any engineers whose fees are to be reimbursed by the Owner. If deemed necessary, notify the Owner of their names and of their terms of payment and secure his approval before making an appointment. Appoint such engineers. Appoint any engineers or experts needed, other than whose fees are reimbursed by the Owner. Enter the names of the engineers in the "Directory of those connected with the Work." Method of Letting Contracts. — Confer with the Owner as to methods. See Chapters 22,23,24 and 25. The Number of Contracts to be Let. — Ascertain whether bids on plumbing, heating, electrical work, etc., must be procured separately, as for public work in certain states. See Chapter 24. Consider whether the Owner's interests will be better served by letting the entire work under one contract or by letting parts of it separately. Advise him on this subject and obtain his instruction. See Chapter 24. Quantity System. — Consider whether the Owner's interests will be served by adopting the method of Quantity System. See Chapter 26. Use of the Standard Documents. — The use of the Handbook presupposes the use of the Institute's Standard Forms of Agreement and General Con- ditions of the Contract. As the construction of those documents should be clearly understood, read Chapter 31. General Conditions. — Make any needed additions to the standard "General Conditions of the Con- tract," bearing in mind that changes in the printed text are better made by adding a written article than by pen corrections to that text. See Chapter 31. Record of Action Taken 92 APPENDICES See that the title of the General Conditions is identical with that i)f the Specifications and Draw- ings. See that the lien clause, Article 29, is in accordance with the laws of the place of huildinp, and that it gives the Owner all the protection afforded hy law. See Chapter 40. See that all provisions for arbitration (Article 45) are in accordance with the law of the place of build- ing. See Chapter 31, Article 45. If any laws or ordinances relating to non-employ- ment of aliens, length of day's work, minimum wage, etc., ought to be recited, add them to the General Conditions. See Chapter 25. Note that the General Conditions do not cover any of the subjects named in the list given in Chap- ter 21. Add to the General Conditions, when needed, the "Standard Index of Electric Outlets," Appendl.\ H. Prefix a copy of the General Conditions to each copy of the Specifications. Do not depend on any short cut, such as a statement that "The General Conditions of the American Institute of Architects govern the work." Specifications. — See Chapter 21, "Specifications." See that the title of the Specifications, if they bear one apart from that of the General Conditions, is identical with that of the General Conditions and Drawings. See that all cash allowances are clearly stated and, by cross reference, covered by Article 23 of the General Conditions. If the Architect is not to furnish free all copies of working drawings, details, and specifications reason- ably necessary for the work, as in Article 4 of the General Conditions, name a cash allowance to be made by the Contractor for those not so furnished. The General Conditions do not contain any refer- ence to sundry matters named in Chapter 21. Pro- vision as to some of them may, if needed, be added to the General Conditions; but most of them are better treated in the Specifications for the trade to which they naturally belong. Constantly bear in mind the laws and regulations controlling planning and construction at the place of building. See Chapter 40. Working Drawings. — See that the drawings bear titles as described in Chapter 10. See that a record of the drawings and of the dis- tribution of prints is kept as described in Chapter 10, "A Record of Drawings and of the Distribution of Prints." Indicate all electric outlets, etc., on drawings in accordance with the "Standard Index of Electric Outlets," for which see Appendix H. 93 Record of Action Taken THE HANDBOOK OF PROFESSIONAL PRACTICE Bear in mind that many subjects may be presented more clearly by schedules than they can be by draw- ings and specifications alone. See Chapter 20. Extra Services and Special Cases. — As the work proceeds, note the cost of any changes in working drawings and specifications, ordered by the Owner, if coming under the heading of "Extra Services and Special Cases" of the Agreement between Owner and Architect. Date of Completion of JVorking Drawi^igs and Specifications. Record of Action Taken Section V O71 Completion of Working Drawings and Specifications Submission to Owner. — Send a complete set of working drawings, general conditions, and speci- fications to the Owner. Urge him to study them thoroughly as per Chapter 7. Notify the Owner in writing of anything needed for the completion of the work, but not covered by the contracts. The record of such notification is likely to be a very present help in time of need. Date of Owner's Approval of working drawings and specifications. Charge the Owner's Account with Services to Date. — See Chapter 14. Bill for Services. — Send the Owner a bill for the payment due at this time for fee, reimbursements, extra services, etc., unless it be deemed wiser to await receipt of proposals before sending the bill. Submission to Building Inspectors. — If the legal authorities in control of building operations will, at this stage, give an approval or tentative approval to the plans and specifications, it is well to submit a complete set to them. Such submission, since it permits any necessary changes to be made before or during bidding, may avoid tho tension resulting from an insistence upon changes after proposals are received. Dale of Approval by such authorities. Ascertain (a) whether the form of Agreement and the General Conditions are to be submitted to the Owner's counsel. If so, .'■ecure his approval before asking for proposals; otherwise changes involving delay may have to be made in those forms. 94 APPENDICES (b) Whether advertisement for l)icls is necessary. If so, have the advertisements written and inserted by the Owner's coimsel. (c) Whether the hiw requires, or the Owner desires, a Bond of Suretyship. See Chapter 32. "Bonds of Suretyship." For work which is to lie paid for l>y puliHc funds, a bond or bonds are usually reiiuired. In such cases, the Owner should furnish, through his coun.'-el, the form or forms to be used as well as all other nece.esary information. (d) Whether a public opening of bids is nece'^sary or advisable. (f) Whether the Owner requires the bids to be addressed to himself and insists on opening them or whether, as is usually the case, he desires them to be addressed to and opened by the Architect. (/) Whether, if public advertisement for bids is not necessary, the Owner leaves the list of bidders to the Architect. If not necessary, offer suggestions and secure the Owner's approval of a list of bidders. On the importance of inviting none but honest and competent bidders, see Chapter 22, "Com- petitive Bidding." List of Bidders. — Enter in the Minute Book list approved by the Owner. Prepare {a) Instructions to Bidders. For a typical form, see Chapter 28. {b) Invitation to bid. For a typical form, see Chapter 27. (c) Form of Proposal. For a typical form, see Chapter 29 . Record of Aclion Taken Section VI During the Time of Bidding Date of Mailing the invitations, instructions and blank forms of proposal. Date of Issuing drawings and specifications. Take Receipts for all drawings and specifications as issued. See Chapter 10, "Record of Drawings, etc." During the Time of Bidding, see to it that no verbal instructions are given to any bidder. All communi- cations must take the form of bulletins, one copy of each being sent simultaneously to each bidder. See Chapter 28 for typical form. 95 THE HANDBOOK OF PROFESSIONAL PRACTICE Section VII Proposals Record of Action Taken Proposals Received. Proposals Scheduled. Submit proposals and copy of schedule to Owner. Examine lists of subcontractors with great care, since they throw much hght on the relative merits of the bids. See Chapters 22 and 24. Advise the Client as to the award of the contract. "In advising . . . that the award be made only to contractors who are reliable and competent the Architect protects the interests of his client." Appendix B, Article 6. Watch date of expiration of validity of proposals and keep Owner informed. Give the successful bidder notice as soon as the Owner makes an award. See Section IX, "Notifi- cations." Section VIII Agreement Between Owner and Contractor Form of Agreement. — The use of the Handbook drawings is signed and in that case it is left with the presupposes the use of one of the Institute's Standard Architect. Provision is made in Article 2 of the Formsof Agreement between Contractor and Owner. General Conditions that "In case of failure to sign Appendice.'' J and O. the General Conditions, Drawings or Specifications, Names, Witnesses, Signatures, etc.— Consult Chap- ^^^ Architect shall identify them." ter 30, with regard to the best forms for names of the 'The drawmgs signed should not be Imen tracmgs contracting parties, signatures, witnesses, seals, ^^^'^^ ^""^ readily changed, but blueprints, since they authority to execute a contract, etc. ^'^^ unalterable. Special Clauses.— \x\c\uAe in the long blank any ^^^^ °f Execution of the Agreement between Con- clauses special to the Agreement in hand ; e. g., when tractor and Owner. the Agreement is to be filed with a public official to Date of Delivery of the Agreement to the Con- insure waiver of lien, see that it includes the necesary ti actor. special clause. Date of Delivery of the Agreement to the Owner. Signing Drawings, etc.— The Drawings, General n./c- . c u r- j- ■ n. • j Conditions, Specifications, and Addenda, if any, -D«'/ o/Szg«a/ur. of the Conditions, Drawings and should be signed by both 0^^'ner and Contractor. Specifications by the Owner. Each is, of course, entitled to a signed copy for his Date of Signature of the Conditions, Drawings and records. Generally, however, but one copy of the Specifications by the Contractor. 96 APPENDICES Enter in the inclined spaces the names of the several contracts under which the work is to be let, and below enter dates sliowing when each act described on the opposite pa^e was performed. 97 THE HANDBOOK OF PROFESSIONAL PRACTICE Section IX Immediately after the Execution of the Record of Action Ti.ke Agreement Between Contractor and Owner Filing of Agreements. — File, if necessary, an orig- inal signed copy of the Agreement, with the proper public official, and if the law so require, file the General Conditions, Specifications and Contract Drawings. Charge the Owner's account with the cost of filing^ Bill for Architect's Services. — Send the Owner a bill for the instalment of the Architect's fee, due on com- pleting working drawings and specifications and for reimbursements, special services, etc., if such a bill has not already been sent. Bond of Suretyship. — For a discussion of the sub- ject, see Chapter 32. {a) If a bond of suretyship is to be furnished under the Contract, send the Contractor a copy ot the Agreement for use of the Surety. ib) Ask the Contractor for the name of his pro- posed Surety. (c) Submit the name of the Surety to the Owner for approval. {d) If the Surety is satisfactory to the Owner, fo inform the Contractor and ask for the bond, stating that it must be in the "Standard Form of Bond issued by the American Institute of Architects," Appen- dix L. (<•) Date on which the bond was received from Contractor. (/) See that the signature of the Contractor, or Surety, if either be a corporation, is accompanied by a certificate of authority to sign as explained in the case of agreements in Chapter 30. (g) File the bond in the Architect's office unless the Owner wishes to keep it in his own files. ih) If no bond is furnished under the contract, see that the Owner understands that even so he may, under Article 22 of the General Conditions, require one at any time as an extra to the contract. If he does, go through the regular procedure as above and issue a formal order for the amount of the extra. Record Copy of Documents . — Prepare for preserva- tion in the Architect's office a "Record Copy" of the General Conditions and Specifications, prefixing thereto a copy of the Invitation to bid, Instructions to Bidders, the accepted Form of Proposal and a copy of the Agreement, and include therewith a copy of each bulletin and any amendments to the General Conditions. 98 APPENDICES Correct Documents. — Either correct all drawings, specifications, etc., so that they are in accord with the Record Copy or mark them "Void." Issue and Collect Drawings. — Issue to the Con- tractor the necessary copies of properly corrected drawings and specifications. Provide hini, in addi- tion to his own drawings and specifications, with a copy of all others that may have a bearing on his work — lest he plead ignorance in extenuation of errors. See that all bidders, except the successful one, return all drawings and specifications. Notifications. — {a) Notify the unsuccessful bidders of the letting of the contract. {b) Notify all those with whom the Owner already has direct contracts of the letting of this one and of the work covered by it. (f) Notify the new Contractor of the names of those with whom the Owner already has direct con- tracts and of the work covered by each such contract. {d) Notify the Owner as to insurance of sundry kinds. See Chapter 33. {e) Notify the Contractor of the importance of entire familiarity with the contract documents. See typical letter in Chapter 33. (/) Notify the Contractor to furnish any samples that are to be provided under Article 8 of the General Conditions or otherwise. Constantly follow up samples to be sure that no delay is caused by failure to have them ready when needed. (g) Notify the Contractor of his duties under the General Conditions, Article 5, as to Shop Drawings, and urge prompt delivery of such drawings. Follow- up shop drawings to be sure that no delay occurs through lateness of delivery. See Chapter 36. Schedules. — (a) Require the Contractor to furnish, in accordance with Article 26 of the General Con- ditions, "A Schedule of Values of the Various Parts of the Work," aggregating the total sum of the con- tract, divided so as to facilitate payments to sub- contractors, in accordance with Article 44 (i^). See Chapter 35. ih) Provide the Contractor with the form on which to make out the Schedule. See Chapter 35, also Exhibit No. 23, Chapter 38. (f) Date on which the Schedule was received from the Contractor. {d) Examine the Schedule, making sure that not too great a value is attributed to the early parts of the work, and bear in mind that the Contractor must, if required, support his statement "by evidence as to its correctness." See Chapter 35. Submit the Schedule to the Clerk of the Works. See Chapter 36. Record of /If lion T'lkeii 99 THE HANDBOOK OF PROFESSIONAL PRACTICE W If a schedule fixing dates for detail drawings Record of Action Taken is to be made under the General Conditions, Article 3 , paragraph 2, first sentence, prepare it in conference with the Contractor. See Chapter 34. (/) If schedules fixing dates for shop drawings and for the progress of the work are to be made under the the General Conditions, Article 3, paragraph 2, second sentence, prepare them in consultation with the Contractor. See Chapter 34. Clerk of the Works.— {a) See Chapter 36. Incases where it is desirable that there should be a Clerk of the Works, if the Owner has not already agreed to employ one, inform him of the reasons for such em- ployment, and secure his consent to the employment of one. (b) Inform the Owner of the qualifications and salaries of candidates. (f) Prepare a letter for the Owner's signature, appointing a Clerk of the Works, naming his salary and stipulating for the reimbursement of his travelmg and minor expenses. (d) Date of appointment of the Clerk of the Works. Enter his name in the "Directory of Those Connected with the Work." (e) Issue to the Clerk of the Works a copy of all the contract documents, including all bulletins and addenda forming a part of the contract. (/) If any general instructions as to his duties are to be issued to the Clerk of the Works, issue them in writing. (g) Supply the Clerk of the Works with blank forms for his reports and with envelopes for them. Experts for Testing Materials.— Appoint experts for testing cement, steel, and other materials. Enter the names and dates in the "Directory of Those Connected with the Work." Ascertain, in case the Owner is a corporation, {a) the name and address of the person legally authorized to sign orders for changes in the amount of the con- tract and enter his name and address in the "Direc- tory. (b) The name and address of the person to whom notification of issuance of certificates of payment should be sent. Enter them in the "Directory." Status of Jrchitect.—Btar in mind that upon the letting of a contract, the status of the Architect changes. See Appendix B, Article i . 100 APPENDICES Section X Detail Drawings Record of Action Taken Distribution. — Whether there he one or several direct contractors, care must be taken to see that each is furnished with all copies of drawings nec- essary for the proper conduct of his work, e. g., for his office, for the foreman and for his subcontractors. When there is a Clerk of the Works, see that he receives a copy of each drawing. See Chapter lo. Schedules. — Schedules may frequently be employed in place of detail drawings. See Chapter 20. Bill for Services. — On completing the detail draw- ngs, send the Owner a bill for them and any reim- bursements that have fallen due. Of that part of his fee earned by the Architect during the construction of the work, one-half is usually ascribed to the detail drawings and one-half to administration and super- vision. Therefore, if no earlier payment has been made on account of progress on the detail drawings, it is proper on their completion to send a bill to the Owner for the half in question. Section XI During the Construction of the Work Changes in the Contract Sum. — For information on Changes in the amount of the contract and for a form of order, see Chapter 37. Applications. — For information on applications for payment and a form of application, see Chapter 38. Certificates. — For information on certificates of payment and a form thereof, see Chapter 39. Information of Clerk of Works. — Send to the Clerk of the Works, a copy of every order for a change in the contract sum, and copies of all other orders, letters, etc., bearing on the discharge of his duties. Section XII On the Completion of the U^ork Owner's Set of Drawings. — Provide the Owner with a set of drawings for his files. If he desires them brought into exact and detailed accord with the work as executed, inform him that you will keep an account lOI THE HANDBOOK OF PROFESSIONAL PRACTICE of the cost of doing so and will charge his account Record of Action Taken with that amount. Secure copies of all guarantees called for. File for Future Reference the signed contract set of drawings, the "Record Copy" including the shop drawing and schedules as per Chapter lo, the Minute Book, the correspondence both incoming and outgoing, as well as all linen tracings and a copy of each detail drawing. Final Statement. — Fill out the final statement on the opposite page and file it either as a part of the "Record Copy" or in a separate book kept for such statements. Observe that the method of dividing the Architect's costs and calculating overhead corresponds with that in Chapter 13. 102 APPENDICES RECORD OF PROGRESS Final Statement O wner s name Kind and location of building- Date of completion of building Total of final contract sums . . . Total of original contract sums . Amount of increase ..... Percentage of increase .... Final total of contracts not including equipment Final total of contracts for all non-movable equipment Architect's fees ...... Engineer's fees ...... Traveling or other expenses reimbursed by client Salary of Clerk of the Works Total cost of the work Total cubage of the work on completion Total cost per cubic foot .... -cu. ft. -CtS. Architect's Financial Results lotal fee (not reimbursements) received by Architect Costs paid by Architect: Drafting .... Specification writing . . Supervision .... -per cent of the above Overhead taken as- total Any costs not included in the above Losses, if any, due to this work Total cost to Architect Net profit to Architect Percentage of profit to total fee 103 THE HANDBOOK OF PROFESSIONAL PRACTICE A Directory of Those Connected With the Work Names and Addresses of Owner, Engineers, etc. Name and address or official title of the Owner Kind or name of building and its location Agent or other Representative of Owner, if a corporation Orders foi extras to be signed by Copies of certificates to be sent to Architect's bills to be sent to Name and address of Owner's counsel Name and address of Owner's Surveyor Name and address of Engineers: Structural Heating Electrical Sanitary Name and address of experts for testing: Cement Steel Other Materials Name and address of the Clerk of the Works 104 APPENDICES A Directory of Those Connected with the Work Names and Addresses of Contractors and Subcontractors 105 THE HANDBOOK OF PROFESSIONAL PRACTICE CHRONOLOGICAL RECORD OF PRINCIPAL TRANSACTIONS Agreement with Owner dated Survey received from Owner Preliminary sketches first submitted Preliminarj' sketches approved Working drawings ordered Working drawings started Report on borings or test pits received Engineers appointed Working drawings and specifications completed Working drawings and specifications sent Owner Notified Owner of items not covered by contracts Drawings and Specifications approved by Owner Drawings and Specifications approved by Au- thorities Bids advertised for Invitations to bid mailed Drawings and Specifications issued for bidding Proposals received Proposals scheduled Proposals submitted to Owner Successful bidder notified Date of execution of contract Date of delivery of copy to contractor Date of delivery of copy to Owner Date of signature of Drawings and Specifications by Contractor Date of signature of Drawings and Specifications by Owner Date of filing of documents with Authorities Schedule of values received from Contractor Schedule of dates for progress of Drawings agreed upon Schedule of Dates for progress of Work agreed upon Clerk of the Works appointed Appointment of testing experts 1 06 APPKNDICES Appkndix B A. I. A. Document No. 141 A Circular of Advice Relative to Principles of Professional Practice and Canons of Ethics The American Institute of Architects, seeking to maintain a high standard of practice and conduct on the part of its members as a safeguard of the important financial, technical and esthetic interests entrusted to them, offers the following advice relative to professional practice: The profession of architecture calls for men of the highest integrity, business capacity and artistic ability. The architect is entrusted with financial undertakings in which his honesty of purpose must be above suspicion; he acts as professional adviser to his client and his advice must be absolutely disinterested; he is charged with the exercise of judicial functions as between client and contractors and must act with entire impartiality; he has moral responsibilities to his professional associates and subordinates; finally, he is engaged in a profession which carries with it grave responsibility to the public. These duties and responsibilities cannot be properly discharged unless his motives, conduct, and ability are such as to command respect and confidence. No set of rules can be framed which will particularize all the duties of the architect in his various relations to his clients, to contractors, to his professional brethren, and to the public. The following principles should however, govern the conduct of members of the profession and should serve as a guide in circumstances other than those enumerated. I. ON THE ARCHITECT'S STATUS. The architect's relation to his client is primarily that of pro- fessional adviser; this relation continues throughout the entire course of his service. When, however, a contract has been exe- cuted between his client and a contractor by the terms of which the architect becomes the official interpreter of its conditions and the judge of its performance, an additional relation is created under which it is incumbent upon the architect to side neither with client nor contractor, but to use his powers under the con- tract to enforce its faithful performance by both parties. The fact that the architect's payment comes from the client does not invalidate his obligation to act with impartiality to both parties. 2. ON PRELIMINARY DRAVVINQS AND ESTIMATES. The architect at the outset should impress upon the client the importance of sufficient time for the preparation of drawings and specifications. It is the duty of the architect to make or secure preliminary estimates when requested, but he should acquaint the client with their conditional character and inform him that com- plete and final figures can be had only from complete and final drawings and specifications. If an unconditional limit of cost be imposed before such drawings are made and estimated, the archi- tect must be free to make such adjustments as seem to him necessary. Since the architect should assume no responsibility that may prevent him from giving his client disinterested advice, he should not, by bond or otherwise, guarantee any estimate or contract. 3. ON SUPERINTENDENCE AND EXPERT SERVICES. On all work except the simplest, it is to the interest of the owner to employ a superintendent or clerk of the works. In many engi- neering problems and in certain specialized esthetic problems, it is to his interest to have the services of special experts and the architect should so inform lilm. The experience and special knowledge of the architect make it to the advantage of the owner that these persons, although paid by the owner, should be selected by the architect under whose direction they are to work. 4. ON THE ARCHITECT'S CHARGES. The Schedule of Charges of the American Institute of Archi- tects is recognized as a proper minimum of payment. The locality or the nature of the work, the quality of services to be rendered, the skill of the practitioner or other circumstances frequently justify a higher charge than that indicated by the Schedule. S. ON PAYMENT FOR EXPERT SERVICE. The architect, when retained as an expert, whether in connec- tion with competitions or otherwise, should receive a compensa- tion proportionate to the responsibility and difficulty of the service. No duty of the architect is more exacting than such service, and the honor of the profession is involved in it. Under no circumstances should experts knowingly name prices in com- petition with each other. 6. ON SELECTION OF BIDDERS OR CONTRACTORS. The architect should advise the client in the selection of bidders and in the award of the contract. In advising that none but trustworthy bidders be invited and that the award be made only to contractors who are reliable and competent, the architect protects the interests of his client. 7. ON DUTIES TO THE CONTRACTOR. As the architect decides whether or not the intent of his plans and specifications is properly carried out, he should take special care to see that these drawings and specifications are complete and accurate, and he should never call upon the contractor to make good oversights or errors in them nor attempt to shirk responsibility by indefinite clauses in the contract or specificationi. 107 THE HANDBOOK OF PROFESSIONAL PRACTICE 8. ON ENQAQINQ IN THE BUILDING TRADES. The architect should not directly or indirectly engage in any of the building trades. If he has any financial interest in any build- ing material or device, he should not specify or use it without the knowledge and approval of his client. 9. ON ACCEPTING COMMISSIONS OR FAVORS. The architect should not receive any commission or any sub- stantial service from a contractor or from any interested person other than his client. 10. ON ENCOURAGING GOOD WORKMANSHIP. The large powers with which the architect is invested should be used with judgment. While he must condemn bad work, he should commend good work. Intelligent initiative on the part of crafts- men and workmen should be recognized and encouraged and the architect should make evident his appreciation of the dignity of the artisan's function. 11. ON OFFERING SERVICES GRATUITOUSLY. The seeking out of a possible client and the offering to him of professional services on approval and without compensation, unless warranted by personal or previous business relations, tends to lower the dignity and standing of the profession, and is to be condemned. 12. ON ADVERTISING. Publicity of the standards, aims and progress of the profession, both in general and as exemplified by individual achievement, is essential. Advertising of the individual, meaning self-laudatory publicity procured by the person advertised or with his consent, tends to defeat its own ends as to the individual as well as to lower the dignity of the profession, and is to be deplored. 13. ON SIGNING BUILDINGS AND USE OF TITLES The unobtrusive signature of buildings after completion is desirable. The placing of the architect's name on a building during con- struction serves a legitimate purpose for public information, but is to be deplored if done obtrusively for individual publicity. The use of initials designating membership in the Institute is desirable in all professional relationships, in order to promote a general understanding of the Institute and its standards through a knowledge of its members and their professional activities. Upon the members devolves the responsibility to associate the symbols of the Institute with acts representative of the highest standards of professional practice. 14. ON COMPETITIONS. -An architect should not take part in a competition as a com- petitor or juror unless the competition is to be conducted accord- ing to the best practice and usage of the profession, as evidenced by its having received the approval of the Institute, nor should he continue to act as professional adviser after it has been deter- mined that the program cannot be so drawn as to receive such approval. When an architect has been authorized to submit sketches for a given project, no other architect should submit sketches for it until the owner has taken definite action on the first sketches, since, as far as the second architect is concerned, a competition is thus established. Except as an authorized com- petitor, an architect may not attempt to secure work for which a competition has been instituted. He may not attempt to influence the award in a competition in which he has submitted drawings. He may not accept the commission to do the work for which a competition has been instituted if he has acted in an advisory capacity either in drawing the program or in making the award. 15. ON INJURING OTHERS. An architect should not falsely or maliciously injure, directly or indirectly, the professional reputation, prospects or business of a fellow architect. 16. ON UNDERTAKING THE WORK OF OTHERS. An architect should not undertake a commission while the claim for compensation or damages or both, of an architect pre- viously employed and whose employment has been terminated remains unsatisfied, unless such claim has been referred to arbi- tration or issue has been joined at law; or unless the architect previously employed neglects to press his claim legally; nor should he attempt to supplant a fellow architect after definite steps have been taken toward his employment. 17. ON DUTIES TO STUDENTS AND DRAUGHTSMEN The architect should advise and assist those who intend making architecture their career. If the beginner must get his training solely in the office of an architect, the latter should assist him to the best of his ability by instruction and advice. An architect should urge his draughtsmen to avail themselves of educational opportunities. He should, as far as practicable, give encourage- ment to all worthy agencies and institutions for architectural education. While a thorough technical preparation is essential for the practice of architecture, architects cannot too strongly insist that it should rest upon a broad foundation of general culture. 18. ON DUTIES TO THE PUBLIC AND TO BUILDING AUTHORITIES. An architect should be mindful of the public welfare and should participate in those movements for public betterment in which his special training and experience qualify him to act. He should not, even under his client's instructions, engage in or encourage any practices contrary to law or hostile to the public interest; for as he is not obliged to accept a given piece of work, he cannot, by urging that he has but followed his client's instructions, escape the condemnation attaching to his acts. An architect should support all public officials who have charge of building in the rightful performance of their legal duties. He should carefully comply with all building laws and regulations, and if any such appear to him unwise or unfair, he should endeavor to have them altered. 19. ON PROFESSIONAL QUALIFICATIONS. The public has the right to expect that he who bears the title of architect has the knowledge and ability needed for the proper invention, illustration, and supervision of all building operations which he may undertake. Such qualifications alone justify the assumption of the title of architect. lOS APPENDICES The Canons of Ethics The following Canons are adopted by the American Institute of Architects as a general guide, yet the enumeration of particular duties should not be construed as a denial of the existence of others equally important although not specially mentioned. It should also be noted that the several sections indicate offenses of greatly varying degrees of gravity. It is unprofessional for an architect — 1. To engage directly or indirectly in any of the building or decorative trades. 2. To guarantee an estimate or contract by bond or otherwise. 3. To accept any commission or substantial service from a contractor or from any interested party other than the owner. 4. To take part in any competition which has not received the approval of the Institute or to continue to act as professional adviser after it has been determined that the program cannot be so drawn as to receive such approval. 5. To attempt in any way, except as a duly authorized com- petitor, to secure work for which a competition is in progress. 6. To attempt to influence, either directly or indirectly, the award of a competition in which he is a competitor. 7. To accept the commission to do the work for which a com- petition has been instituted if he has acted in an advisory capacity, either in drawing the program or in making the award. 8. To injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of a fellow architect. 9. To undertake a commission while the claim for compensa- tion, or damages, or both, of an architect previously employed and whose employment has been terminated remains unsatisfied, until such claim has been referred to arbitration or issue has been joined at law, or unless the architect previously employed neglectt to press his claim legally. 10. To attempt to supplant a fellow architect after definite steps have been taken toward his employment, t. g., by submitting sketches for a project for which another architect has been author- zed to submit sketches. 11. To compete knowingly with a fellow architect for employ- ment on the basis of professional charges. Adopted December 14-16, 1909. Revised December 10-12, 1912. Revised April 26, 191 8. A. I. A. Document Series A, No. 114. Appendix C Architectural Competitions, a Circular of Advice and Information Authorized by the 43d Annual Convention at Washington, D. C. December 14-16, 1909 Issued March 30, 1910 Amended June 10, 1910, and January 3, 1911 Ratified by the 44th Annual Convention at San Francisco January 16-21, 1911 Reaffirmed by the 45th Annual Convention at Washington, D. C. Amended January 3. 1912 as authorized by the Convention Amended December 9, 1912, and Ratified by the 46th Annual Convention at Washington, D. C. December 10-12, 1912 Amended December 2, 1913, and Ratified by the 47th Annual Convention at New Orleans. La. December 3-5, 1913 Amended and Ratified by the 48th Annual Convention at Washington, D. C. December 2-4, 1914 This Circular furnishes information as to the best methods of conducting architectural competitions and states the conditions which are prerequisite to par- ticipation in them by Members of the American Institute of Architects. This Circular does not apply to compe- titions for work to ie erected elsewhere than in the United Slates, its Territories and possessions. 109 THE HANDBOOK OF PROFESSIONAL PRACTICE THE ATTITUDE OF THE AMERICAN INSTITUTE OF ARCHITECTS TO COMPETITIONS. Since its foundation, more than fifty years ago, the American Institute of Ar- chitects has given much attention to the conduct of architectural competitions. These contests, instituted when the direct selection of an architect could not be made, were for many years conducted without proper regulation and often in disregard of the interests both of the owner and of the competitors. The owner, totally unfamiliar with the intricacies of the sub- ject, assumed, without skilled assistance, to prepare the program, laying down, or more frequently ignoring, rules to govern procedure. With the growth of the country, the increase in expenditures for public and private buildings, and the increase in the number of architects, all the evils of ill-regulated competitions became more marked. Programs varied from loose and careless forms, difficult to understand and often open to the suspicion that only the initiated knew what they meant, to over-elaborate ones necessitating useless study of details and needless drawings. Those instituting the competition often had no legal authority to pay any com- petitors, still less to employ the winner. There was great economic waste, the total cost of participation exceeding the total net profit accruing to the profession from work secured through competitions. Architects have learned that the out- come of a competition, unless governed by well-defined agreements, is largely a matter of chance. The owner has, to be sure, a choice of designs, but he is no more likely to make the wisest selection or to obtain tlie best building than if he selects his architect directly guided by the results previously achieved by the men he is considering. When a competition is necessary or desirable it should be of such form as to establish equitable relations between the owner and the competitors. To insure this: (i) The requirements should be clear and definite, and the statement of them, since it must be in technical terms, should be drawn by one familiar with such terms. (2) The competency of all competing should be assured. The drawings sub- mitted in a competition are evidence, only in part, of the ability of the architect to execute the building. The owner, for his own protection, should admit to the com- petition only those to whom he would be willing to entrust the work; that is, to men. of known honesty and competence. (3) Tlie agreement between the owner and the competitors should be definite, as becomes a plain statement of business relations. (4) The judgment should be based on knowledge, and since ideas presented in the form of drawings are intelligible only to a trained mind, judgment should not be rendered until the owner has received com- petent technical advice as to the merits of those ideas. To sum up: To insure the best results a competition should have (i) a clear program, (2) competent competitors, (3) a business agreement, (4) a fair judgment. Fifteen years ago many competitions had none of these provisions and few had all of them. The commonest form of competi- tion was one that was open to all, had a program prepared by a layman, was judged by the owner without professional assistance, contained no agreement, and made no provision to eliminate the incom- petent. no APPENDICES All this demanded correction. The In- stitute, seeking a nieansof reform, perceived at once that its relation to the owner could be only an advisory one. It might advise him how to hold a competition, but it could go no further. To architects in general the Institute could scarcely pre- sume to olTer even its advice, but being a professional body charged with maintain- ing ethical standards among its own mem- bers, its duty was to see that they did not take part in competitions that fell below a reasonable standard. It was, therefore, voted in Convention of the Institute that members should be free to take part in competitions only when their tenns had received the approval of the Institute. Thereupon the Institute fully stated the principles which should govern competitions and defined the con- ditions prerequisite to the giving of its approval. These are contained in the Circular of Advice here following, which is intended as a guide to all who are inter- ested in competitions. Committees of the Institute throughout the Country are authorized to give its approval to compe- titions when properly conducted, but un- less a program has received such approval members of the Institute do not accept a position as competitor or juror, nor does a member continue to act as professiona adviser after it becomes evident that the owner will not pennit his program to be brought into harmony with the principles approved by the Institute. The position thus taken by the Insti- tute is by no means an arbitrary one, since it governs the action of none but its own members. To the owner its service has been of great value in giving him informa- tion and useful advice and in saving him from the delays, cost and disappointment incident to the amateur conduct of a com- petition. The owner who disregards the standard set by the Institute finds it in- creasingly difficult to get men of standing in tlie profession to enter. He who raises his program to that standard has no diffi- culty in securing the services of architects of the greatest ability. Even in the few years since the Institute first made its firm stand against the abuses of competitions, the effect of that action has been far greater than could have been foreseen. It has not altogether eliminated ill-regulated competitions.but it has greatly reduced their number, and it is safe to say that no competition of prime importance is now conducted except in accordance with the principles stated in the following Circular of Advice: A CIRCULAR OF ADVICE AND INFORMATION RELATIVE TO THE CONDUCT OF ARCHITECTURAL COMPETITIONS. Competitions are instituted to enable the owner* to choose an architect through comparison of the designs submitted. The American Institute of Architects, believing that the interests of both owner and com- petitors are best served by fair and equi- table agreements between them, issues this circular as a statement of the principles which should underlie such agreements. The Institute does not assume to dic- tate the owner 's course in conducting com- 'The person, corporation or other entity institut- ing a compctition.whcther acting directly or through representatives, is herein called "the owner " petitions,but aims to assist him by advising the adoption of such methods as experience has proved to be just and wise. So important, however, does the adop- tion of such methods appear to architects that members of the Institute do not take part in competitions except under condi- tions based on this circular and specifically set forth in Articles i6 and i8. I. On Competitions in General. A competittion exists when two or more architects prepare sketches at the same time for the same project, but no architect III THE HANDBOOK OF PROFESSIONAL PRACTICE who prepares drawings for comparison in problems of an altruistic or educational nature, where the problem does not in- volve a definite proposed building opera- tion, shall be held as having taken part in a competition, within the meaning of this circular of advice. 2. On the Employment of a Profes- sional Adviser. No competition shall be instituted without the aid of a competent adviser. He should be an architect of the highest standing and his selection should be the owner's first step. He must be chosen with the greatest care, as the success of the competition will depend largely upon his experience and ability. The expert's advice is of great value to the owner, for example, in so drawing the program as to safeguard him against the employment of an architect who submits a design largely exceeding in cost of execu- tion the sum at his disposal, and in helping him to avoid the disappointment, embar- rassment and litigation which so often result from competitions conducted with- out expert technical advice. The duties of the expert are to advise those who hold the competition as to its form and terms, to draw up the program, to advise in choosing the competitors, to answer their questions, and to conduct the competition. 3. On the Forms of Competition. The following forms of competition are recognized: Limited. In this form, participation is limited to a certain number of architects whose names should be stated in the pro- gram and to any one of whom the owner is willing to entrust the work. In a limited competition the competitors may be chosen (a) from among architects whose ability is so evident that no formal inquiry into their quaUfications is needed, or (b) from among architects who make appli- cation accompanied by evidence of their education and experience. The limited form has the advantage that the owner and the professional ad- viser may meet competitors and discuss the terms of the competition with them before the issuance of the program. Form (a) is the simplest and most direct form of competition. Open. The Institute believes that a competition open to all who wish to par- ticipate without regard to their qualifica- tions is detrimental to the interests alike of owner and of architects. It will, there- fore, give its approval to that form only when conducted in two stages, since by that means alone it is possible to insure anonymity of submission while safeguard- ing the owner's interests against the selec- tion as winner of a person lacking the qualifications set forth in Article 4 hereof. In this form there is a first stage open to all, in which the competitive drawings are of the slightest nature, involving only the fundamental ideas of the solution. These drawings are accompanied by evi- dence of the competitor's education and experience. From the first stage a small number who have thus demonstrated their competence to design the work and to carry it successfully into execution are chosen to take part in a final and strictly anonymous stage involving competitive drawings of the type indicated in Article 8 hereof. 4. On the Qualification of Competi- tors. The interests of the owner may be seri- ously prejudiced by admitting to a limited competition or to the second stage of an open competition any architect who has not established to the satisfaction of the owner his competence to design and execute the work. It is sometimes urged that by admitting all who wish to take part some unknown but brilliant designer may be found. If the object of a competition were a set of sketches, such reasoning might be valid. But sketches give no evidence that their author has the matured artistic ability to 112 APPENDICES fulfill their promise, or that he has the tech- nical knowledge necessary to control the design of the highly complex structure and equipment of a modern building, or that he has executive ability for large aflairs, or the force to compel the proper execution of contracts. Attempts have often been made to defend the owner's interests by associating an architect of ability with one lacking in experience. These have gener- ally resulted in failure. As the owner should feel bound, not only legally, but in point of honor, to retain as his architect the competitor to whom the award is made, it is essential that the com- petitors in a limited competition, or in the second stage of an open competition, should be selected with the greatest care in con- sultation with the professional adviser, and that there should be included among them only architects in whose ability and integ- rity the owner has absolute confidence, and to any one of whom he is willing to entrust the work. 5. On the Number of Competitors. Experience has demonstrated that the admission of many competitors is detri- mental to the success of a competition. When there are many, each knows that he has but a slight chance of success, and he is therefore less aroused to his best effort than when there are but a few. As the owner is interested only in the best result, he is ill- advised to sacrifice quality for quantity. 6. On Anonymity of Competitors. Absolute and effective anonymity is a necessary condition of a fair and unbiased competition. The signing of drawings should not be permitted nor should they bear any motto, device or distinguishing mark. Drawings and the accompanying sealed envelopes containing their authors' names should be numbered upon receipt, the envelopes remaining unopened until after the award. 7. On the Cost of the Proposed Work. No statement of the intended cost of the work should be made unless it has been as- certained that the work as described in the program can be i)roperly executed within the sum named. In general it is wiser to limit the cubic contents of the building than to state a limit of cost. The program should neither require nor permit competitors to furnish their own or builders' estimates of the cost of executing the work in accordance with their designs. Such estimates are singularly unreliable. If the cubage be properly limited they are unnecessary. 8. On the Jury op Award. To insure a wise and just award and to protect the interests of both the owner and the competitors, the competitive drawings should be submitted to a jury so chosen as to secure expert knowledge and freedom from personal bias. Such a jury thoroughly understands and can explain the intent of the drawings. It discovers from them their autliors' skill in design, arrangement and construction. Because of its trained judgment its advice as to the merits of the designs submitted is of the highest value to the owner. The jury must consist of at least three members, one of whom must, and a major- ity of whom should, be practicing archi- tects. One or more members of the jury may be chosen by the competitors. It is the duty of the jury to study care- fully the program and all conditions relat- ing to the problem and the competition before examining the designs submitted; to refuse to make or recommend an award in favor of the author of any design that does not fulfill the conditions distinctly stated as mandatory in the program; to give ample time to the careful study of the designs; and to render a decision only after mature consideration. The jury should see to it that a copy of its report reaches every competitor. The professional adviser should not be a member of the jurj', as his judgment is apt to be influenced by his pre\-ious study of the problem. "3 THE HANDBOOK OF PROFESSIONAL PRACTICE 9 On the Competitive Drawings. The purpose of an architectural competi- tion is not to secure fully developed plans, but such evidence of skill in treating the essential elements of the problem as will assist in the selection of an architect. The drawings should, tlierefore, be as few in number and as simple in character as will express the general design of the building. A jury of experts does not need elaborate drawings. lo. On the Program. The program should contain rules for the conduct of the competition, instruc- tions for competitors and the jury, and the agreement between the owner and the competitors. Uniform conditions for all competitors are fundamental to the proper conduct of competitions. Lengthy pro- grams and detailed instructions as to the desired accommodations should be avoided as they confuse the problem and hamper the competitors. The problem should be stated broadly. Its solutions should be left to the competitors. A distinction should be clearly drawn be- tween the mandatory and the advisory provisions of the program, i. e., between those which if not met preclude an award in favor of the author of a design so fail- ing and those which are merely optional or of a suggestive character. The manda- tory requirements should be set forth in such a way that they cannot fail to be recognized as such. They should be as few as possible, and should relate only to matters which cannot be left to the dis- cretion of the competitors. It is difficult to summarize briefly the program, but it should at least: (a) Name the owner of the structure forming the subject of the competition, and state whether the owner institutes the com- petition personally or through representa- tives. If the latter, name the representa- tives, state how their authority is derived, and define its scope. (6) State the kind of competition to be instituted, and in limited competitions name the competitors; or in open compe titions, if the competition is limited geo- graphically, or otherwise, state the limits. (c) Fix a time and place for the receipt of the designs. The time should not be altered except with the unanimous consent of the competitors. {d) Furnish e.xact information as to the site. (e) State the desired accommodation, avoiding detail. (/) State the cost if it be fixed or, better, limit the cubic contents. (g) Fix uniform requirements for the drawings, giving the number, the scale or scales, and the method of rendering. (/;) Forbid the submission of more than one design by any one competitor. (j) Provide a method for insuring ano- nymity of submission. ij) Name the members of the jury or provide for their selection. Define their powers and duties. If for legal reasons the jury may not make the final award, state such reasons and in whom such power is vested. (k) Provide that no award shall be made in favor of any design until the jury shall have certified that it does not N-iolate any mandatory requirement of the program. (/) Provide that during the competition there shall be no communication relative to it between any competitor and the owner, his representatives or any member of the jury, and that any communication with the professional adviser shall be in writing. Provide also that any informa- tion, whether in answer to such communi- cations or not, shall be given in writing simultaneously to all competitors. Set a date after which no questions will be answered. (til) State the number and amount of payments to competitors. («) Provide that the professional ad- viser shall send a report of the competition to each competitor, including therein the report of the jury. 114 APPENDICES (o) Provide that no drawing shall be exhibited or made public until after the award of the jury. ip) Provide for the return of unsuccess- ful drawings to their respective authors within a reasonable time. (?) Provide that nothing original in any of the unsuccessful designs shall be used without consent of, and compensation to the author of the design in which it appears (r) Include the contract between the owner and the competitors. (s) Include the contract between the owner and the architect receiving the award. II. On the Agreement. An owner who institutes a competition assumes a moral obligation to retain one of the competitors as his architect. In order that architects invited to compete may determine whether they will take part it is essential that they should know the terms upon which the winner will be em- ployed ; and it is of the utmost importance to the owner that those terms should be so clearly defined that no disagreement as to their meaning can arise after the award is made. Unless they be so defined, delay is likely to occur and disagreements to arise at a time when a complete under- standing between owner and architect is most important for the welfare of the work. Therefore, there must be included in the program a form which guarantees the appointment of one of the competitors as architect and provides an agreement opera- tive upon that appointment, defining his employment in terms consonant with the best practice. This must conform in all fundamental respects to the typical form of agreement appended to this circular. 12. On Payments to Unsuccessful Com- petitors. In a limited competition and in the second stage of an open competition each competitor, except the winner, should be paid for his serx-ices. 13- On Lecauitv op Procedure. It is highly important that each step taken in connection with a competition and every provision of the program should be in consonance with law. Those charged with holding the competition should know and state their authority. If they are not empowered to bind their principal by con- tracts with the competitors, they should seek and receive such authority before issuing an invitation. If authority cannot legally be granted to the jury to make the award, that fact should be stated, and the body named in which such authority is vested. 14. On the Conduct op the Owner. In order to maintain absolute impartial- ity toward all competitors, the owner, his representatives and all connected with the enterprise should, as soon as a professional adviser has been appointed, refrain from holding any communication in regard to the matter with any architect except the adviser or the jurors. The meeting with competitors described in Article 3 is of course an exception. 15. On the Conduct of Architects. An architect should not attempt in any way, except as a duly authorized competi- tor, to secure work for which a competition is in progress, nor should he attempt to influence, either directly or indirectly, the award in a competition in which he is a competitor. An architect should not accept the com- mission to do the work for which a compe- tition has been instituted if he has acted in an advisory capacity, either in drawing the program or making the award. An architect should not submit in com- petition a design which has not been pro- duced in his own office or under his own direction. No competitor should enter into associa- tion with another architect, except with the consent of the owner. If such asso- ciates should win the competition, their "S THE HANDBOOK OF PROFESSIONAL PRACTICE association should continue until the com- pletion of the work thus won. During the competition, no competitor should hold any communication relative to it with the owner, his representatives or any member of the jury, nor should he hold any communication with the profes- sional adviser, except it be in writing. When an architect has been authorized to submit sketches for a given project, no other architect should submit sketches for it until the owner has taken definite action on the first sketches, since, as far as the second architect is concerned, a competi- tion is thus established. 1 6. On the Participation of Members OF THE Institute. Members of the American Institute of Architects do not take part as competitors or jurors in any competition the program of which has not received the formal ap- proval of the Institute, nor does a member continue to act as professional adviser after it has been determined that the pro- gram cannot be so drawn as to receive such approval. 17. Committees. In order that the advice of the Institute may be given to those who seek it and that its approval may be given to programs in consonance with its principles, the Insti- tute maintains the following committees: (a) The Standing Committee on Com- petitions, representing the Institute in its relation to competitions generally. This committee advises the subcommittees and directs their work and they report to it. (6) A sub-committee for the territory of each Chapter, representing the Institute in its relation to competitions for work to be erected within such territory. The President of the Chapter is ex-officio chairman of the sub-committee, the other members of which he appoints. The sub- committees derive their authority from the Institute and not from the Chapters. An appeal from the decision of a sub- committee may be made to the Standing Committee. The Standing Committee may approve, modify or annul the decision of a sub-committee. 18. The Institute's Approval of the Program. The approval of the Institute is not given to a program unless it meet the following essential conditions: (a) That there be a professional adviser. (6) That the competition be of one of the forms described in Article 3. (c) That the program contain an Agree- ment and Conditions of Contract between Architect and Owner in conformity with those printed in the Appendix of this circu- lar, that it include no provision at variance therewith, that it contain terms of pay- ments in accord with good practice, and that it specifically set forth the nature of expert engineering services for which the architect wiU be reimbursed. (d) That the program make provision for a jury of at least three persons. (e) That the program conform in all par- ticulars to the spirit of this circular. WTien the program meets the above essential conditions, the approval of the Institute may be given to it by the sub- committee for the territory in which the work is to be erected, or if there be no sub- committee for that territory, then by the Standing Committee on Competitions. If, for legal or other reasons, the Stand- ing Committee deem that deviations from the essential conditions are justified, it may give the approval of the Institute to a program containing such deviations. Power to give approval in such cases is, however, vested only in the Standing Committee. The Professional Adviser, when duly authorized in writing by the proper com- mittee, may print the Institute's approval as a part of the program or otherwise com- municate it to those invited to compete. 116 APPENDICES TYPICAL FORM OF AGREEMENT BETWEEN OWNER AND COMPETITORS. In consideration of the submission of drawings in this coiiiijctition (here insert the nuinu of the owni-r or of the f)ody duly authoriztd to enter into contracts on behalf of the owner), hereinafter called the owner, agrees with the com- petitors jointly and severally that the owner will, within days of the date set for the submission of drawings, make an award of the commission to design and supervise the work forming the subject of this competition to one of those competitors who submit drawings in consonance with the mandatory requirements of this program, and will thereupon pay him, on account of his services as architect, one-tenth of his total estimated fee as stated below. And further, in consideration of the submis- sion of drawings as aforesaid and the mutual promises enumerated in the subjoined "Conditions of Contract be- tween Architect and Owner," the owner agrees and each competitor agrees, if the award be made in his favor, im- mediately to enter into a contract con- taining all the "Conditions" here fol- lowing, and until such contract is ex- ecuted to be bound by the said "Con- ditions." CONDITIONS OF CONTRACT BETWEEN ARCHITECT AND OWNER. Article I. Duties of the Architect. 1. Design. The architect is to design the entire building and its immediate surroundings and to design or direct the design of its constructive, engineering and decorative work and its fixed equipment and, if further retained, its movable furniture and the treatment of the remainder of its grounds. 2. Drawings and Specifications. The architect is to make such revision of his competitive scheme as may be necessary to complete the preliminary studies; and he is to provide drawings and specifications necessary for the conduct of the work. All such instru- ments of service are and remain the prop- erty of the architect. 3. Administration. The architect is to prepare or advise as to all forms connected with the making of proposals and contracts, to issue all certificates of payment, to keep proper accounts and generally to dis- charge the necessary administrative duties connected with the work. 4. Supervision. The architect is to supervise the ex- ecution of all the work committed to his control. Article II. DuUes of the Owner. 1. Payments. The owner is to pay the architect for his services a sum equal to per (Insert rate) cent' upon the cost of the work. (The tunes and amounts of payments should be here stated. )t 2. Reimbursements. The owner is to reimburse the archi- tect, from time to time, the amount of expenses necessarily incurred by him or his deputies while traveling in the dis- charge of duties connected with the work. 3. Service of Engineers. The owner is to reimburse the archi- tect the cost of the services of such engineers for heating, mechanical and electrical work as are specifically pro- vided for in each program. The selec- tion of such engineers and their com- pensation shall be subject to the ap- proval of the owner. 4. Information, Clerk of the Works, etc. The owner is to give all information as to his requirements; to pay for all necessary surveys, borings and tests, and for the continuous services of a clerk of the works, whose competence is approved by the architect. *The percentage inserted sliould be in accord witli good practice. tGood practice has established the payments on account as follows: Upon completion of the prelim- inary studies one-fifth of the total estimated fee less the previous payment; upon completion of contract drawings and specifications two-fifths additional of such fee; for other drawings, for supervision and for administration, the remainder of the fee. from time to time, in proportion to the progress of the work. 10 117 Appendix-Ci Standard Form of Covipetition Program J. I. A. Document No. 115 Standard Form of Competition Program As authorized by the 48th Annual Convention, 19 14 The American Institute of Architects Office of the Secretary The Octagon House, Washington, D. C. 5-1-1Q — 1000 118 THE AMERICAN INSTITUTE OF ARCHITECTS The following standard form of Competition Program, prepared by The American Institute of Archi- tects, contains those provisions which the Institute considers essential to the fair and equitable conduct of a competition. The Institute in no way assumes or attempts to dictate an Owner's course in conducting a competition; it claims only the right to control its own members, and having found by experience the danger to the interests of both Owner and Competitor from a competition in which such provisions are lacking, it permits no member to take part in any competition which does not meet those essential conditions, and the program of which has not been specifically approved. A competition should be of such form as to establish equitable relations between the Owner and the Competitor. To insure this, the requirements should be clear and definite; the competency of the Competi- tors should be assured; the agreement between the Owner and Competitors should be definite, as becomes a plain statement of business relations; and the judgment should be based on expert knowledge. The following program will, if adhered to, be duly approved by the Institute Sub-Committees on Com- petitions for the various Chapters of the Institute, and by the Standing Committee on Competitions of the Institute. Program of Competition for (Insert name of proposed builcUug) NOTE: Throughout tJus program the word "Owner" is used to indicate either the Owner in person, or those to whom he has delegated his powers. PART I. 1. PROPOSED BUILDING: The (Insert name of Owner) proposes'to erect a new (Insert name of building) on the site at „.„ (Insert location) 2. AUTHORITY: The __ (Insert name of Owner) has (delegated to (Insert name or names of individuaU) ) authority to select an architect to prepare the plans for, and supervise the erection of the building. NOTE: If authority for erection of the proposed building is granted by act of legislature, ordinance, etc., it is desirable to make clear the source of such authority. . (2) 119 3 3. ARCHITECTURAL ADVISER: The Owner has appointed as his expert Professional Adviser (Insert name and address of Adviser) to prepare this program and to act as his Adviser in the conduct of this competition. NOTE: No competition shall be instituted without the aid of a competent adviser. He should be an architect of the highest standing and his selection should be the Owner's first step. He should be chosen with the greatest care, as the success of the competition will depend largely upon his experience and ability. The duties of the expert are to advise those who hold the competition in regard to its form and terms, to draw up the program, to advise in choosing the competitors, to answer inquiries from Competitors and in general to direct the com- petition. 4. COMPETITORS: Participation in this competition is limited (I), to the following architects:.— (Insert names of invited competitors) „°j (II) To such architects as shall have made applicafon on or before _.. "°° (Insert date) accompanied by evidence of their education and experience, satisfactory to the Owner and the Professional Adviser. It is agreed that the names of all those admitted to the competition shall be made public on or before.— - (Insert date)- The Owner agrees that he will admit no one as a Competitor to whom he is not wOling to award the com- mission to erect the building, in case of his success in the competition. 5. JURY OF AWARD: The Owner agrees that there will be a Jury of Award (I) which will consist of the following members, _ (Insert names of jury) Or (II) which will consist of members. Of these, the Owner has appointed the (Insert number) following: (Insert names of those selected) - - - and the Competitors will select the remaining members of the Jury. NOTE: To insure a just and wise award and to protect the interests of both the Owner and the Competitors, the drawings should be submitted to a Jury chosen to secure expert knowledge and freedom from personal bias. The Jury shall consist of at least three members, one of whom must, and the majority of whom should, be practicing architects, for example, a layman and an architect selected by the Owner or the Building Committee, and an architect selected by the Competitors. For work of great importance it is desirable to increase the size of the Jury, adding to it architects and specially qualified laymen. Some of the advantages of a Jury so constituted are that it thoroughly understands and can explain the intent of the drawings, and discovers from them their author's skill in design, arrangement and construction. Because of its expert knowledge, its judgment on the merits of the designs submitted is of the highest value to the Owner. The adoption of the recommendation that the architectural members of the Jury be in the majority, is not necessarily a cause of expense, for the reason that in order to insure the proper conduct of competitions, many architects of standing are willing, if the occasion warrants, to serve as Jurors without payment, other than actual expenses. It is customary and desirable that the Competitors should i^lect one or more of tlie architectural members of the Jury. It is not advisable that the Professional Adviser, who has drawn up the program, be permitted to vote as a member of the Jury, although he may with advantage take part in the deliberations of the Jury. 120 6. AUTHORITY OF JURY: The Owner uKrcoH tluit the Jury above named, or Kolected as above provided, will have authority to make the award and that its decision in the matter shall be final. Moreover, this Jury will make an award to one of those taking part in this competition, unless no design is submitted which fulfills the mandatory requirements of this prof^ram. The Owner further agrees to employ as architect for the work as more fully set forth hereinafter, the author of the design selected by the Jury as its first choice. NOTE: If, under the law, authority to make the award cannot be delegated to the Jury, the following form should be substituted for Section 6: The Owner agrees that the Jury above named or selected as above provided, will select the design which appears to it to be the most meritorious and make a written report to the Owner, designating it by number. The Owner will then con- sider this design and the re|)ort of tlie .lury !inil will thereupon, without learning the id(tntity of the Competitors, select as the winner of tlie Competition the author of the design selected by tlie Jury, unless in hLs judgment there be cause to depart from such selection, in which case he will, still without learning the identity of the Competitors, select one of the other designs submitted in competition. The Owner further agrees that he will pay to the author of the design designated as most meritorious by the Jury, in case he should not be appointed Architect of the Building, a prize of $ (State amount of prize) The opening of the envelope containing the name of the author of the design selected by the Owner will automatically close the contract between him and the Owner, printed as Part III hereof. 7. EXAMINATION OF DESIGNS AND AWARD: The Professional Adviser will examine the designs to ascertain whether they comply with the mandatory requirements of the program, and will report to the Jury any instance of failure to comply with these mandatory requirements. The Owner further agrees that the Jury will satisfy itself of the accuracy of the report of the Profe.ssional Adviser, and will place out of com- petition and make no award to any design which does not comply with these mandatory requirements. The Jury will carefully study the program and any modifications thereof, which may have been made through communications (see Section 12), and will then consider the remaining designs, holding at least two sessions on separate days, and considering at each session all the drawings in competition, and will make the award, and the classification of prize winners, if prizes are given, by secret ballot, and by majority vote, before opening the envelopes which contain the names of the Competitors. In making the award the Jury will thereby affirm that it has made no effort to learn the identity of the various Competitors, and that it has remained in ignorance of such identity until after the award wa.s made. The opening of the envelope containing the name of the author of the selected design will automatically close the contract between him and the Owner, printed as Part III hereof. 8. REPORT OF THE JURY: The Jury will make a full report which will state its reasons for the selec- tion of the winning design and its reason for the classification of the designs placed next in order of merit, and a copy of this report, accompanied by the names of prize winners, if prizes are given, will be sent by the Professional Adviser to each Competitor. Immediately upon the opening of the envelopes, the Professional Adviser will notify all Competitors, by wire, of the result of the competition. 9. COMPENSATION TO COMPETITORS: The Owner agrees to pay to the successful competitor within ten days of the judgment, on account of his fee for services as architect, one-tenth of his total estimated fee. In full discharge of his obligation to them (in case prizes or fees are offered), the Owner agrees: A. To pay the following prizes to those ranked by the Jury next to the successful design: To the design placed second $ , to the design placed third $ , to the design placed fourth $ , to the design placed fifth $ , etc., within ten days of the judgment, (or) B. To pay to each of the Competitors invited to take part in this competition, other than the success- ful Competitor, a fee of $ within ten days of the judgment. 10. EXHIBITION OF DRAWINGS: It is agreed that no drawings shall be exhibited or made pubUc until after the award of the Jury. There will be a pubUc exhibition of all drawings after judgment, and all draw- ings, except those of the successful Competitor, will be returned to their authors at the close thereof. 121 11. USE OF FEATURES OF UNSUCCESSFUL DESIGNS: Nothing original in the unsuccessful designs shall be used without consent of, or compensation to, the author of the design in which it appears. In case the Owner desires to make use of any individual feature of an unsuccessful design, the same may be obtained by adequate compensation to the designer, the amount of such compensation to be determined in consultation with the author and the Professional Adviser. 12. COMMUNICATIONS: (Mandatory) If any Competitor desires information of any kind whatever in regard to the competition, or the program, he shall ask for this information by anonymous letter addressed to the Professional Adviser, and in no other way, and a copy of this letter and the answer thereto will be sent simultaneously to each Competitor, but no request received after , (Insert date) will be answered. 13. ANONYMITY OF DRAWINGS: (Mandatory) The drawings to be submitted shall bear no name or mark which could serve as a means of identification, nor shall any such name or mark appear upon the wrapper of the drawings, nor shall any Competitor directly or indirectly reveal the identity of his designs, or hold communication regarding the competition with the Owner or with any member of the Building Com- mittee or of the Jury, or with the Professional Adviser, except as provided for under "COMMUNICATIONS." It is understood that in submitting a design, each Competitor thereby affirms that he has complied with the foret^oing provisions in regard to anonymity and agrees that any violation of them renders null and void this agreement and any agreement arising from it. With each set of drawings must be enclosed a plain, opaque, sealed envelope without any superscription or mark of any kind, same containing the name and address of the Competitor. These envelopes shall be opened by the Professional Adviser after the final selection has been made, and preferably in the presence of the Jury. 14. DELIVERY OF DRAWINGS: (Mandatory) The drawings submitted in this competition shall be securely wrapped, addressed to the Professional Adviser at — in plain lettering and (Insert address for delivery of drawings) with no other lettering thereon, and delivered at this address not later than (Insert date and hour) In case drawings are sent by express, they may be deKvered to an exjjress company at the above date and hour, in which case the express company's receipt, bearing date and hour, shall be mailed immediately to the Piofessional Adviser as evidence of delivery. PART II. 15. SITE: The site of the building is as follows (Insert description of site, and provide topographical map giving dimensions, grades, etc.) NOTE: The site should be carefully described and a survey of the property should be attached and included as part of the program. Conditions pertaining to the site and to neighboring buildings frequently become determining factors in a design. Photographs showing surrounding building and landscape conditions may with advantage be included. 16. COST: (Mandatory) For the purpose of this competition the cost of the building shall be figured at, cents per cu. ft., and the total thereof figured on this basis shall not exceed (inJcrVnumbcr) (Insert limit of cost) 122 17. CUBAGE: (Mandatory) CubaKO shall lie ko nomi)u(,c(I uh to show as exactly as possible the actual volume of tlie building, culculated from the finished level or levels of the lowest floor to the highest points of the roofs, and contained within the outside surfaces of the walls. Pilasters, cornices, balconies and other similar projections shall not bo included. Porticos with engaged columns and similar f)rojections shall be taken as solids and figured to the outer face of the columns. When columns are free standing one-half of the volume of the porticos shall be taken. There shall also be included in the cubage the actual volume of all parapets, towers, lanterns, doi'nicrs, vaults, and other features adding to the bulk of the building, also the actual volume of exterior stei)s above grade. Light wells of an area of less than 400 square feet shall not be deducted. In calculating cubage, account shall be taken of variations in the exterior wall surface, as, for example, the projection of a basement story beyond the general line of the building. A figured diagram showing method adopted in cubing shall accomjjany each set of drawings. 18. DRAWINGS: (Mandatory) The drawings submitted shall be made according to the following list, at the scale given, and rendered as noted; and no other drawings than these shall be submitted: (Insert HhI, scale and method of rendering) NOTE: The drawings submitted should be the least number necessary to set forth clearly the solution of the problem and the scale of those drawings the smallest compatible with the requirement that the intention of each Competitor be made clear to an expert Jury. Where the number and scale of drawings is reduced to the minimum, and simple methods of render- ing imposed, the Competitors are enabled to devote their time and energy to the study of the problem, which is the serious business of a competition, instead of upon draughtsmanship and rendering, which, when carried beyond a certain point, are of no value whatever in determining the fitness of the Competitors to handle the work of erecting the building for which the competition is being held. PART III. AGREEMENT BETWEEN OWNER AND COMPETITORS. In consideration of the submission of drawings in this competition, and the mutual promises enumerated in the subjoined "Conditions of Contract between Architect and Owner," the Owner agrees, and each Com- petitor agrees if the award be made in his favor, immediately to enter into a contract containing all the "Con- ditions" here following, and until such contract is executed, to be boimd by the said "Conditions." CONDITIONS OF CONTRACT BETWEEN ARCHITECT AND OWNER. Duties of the Architect. 1. DESIGN: The architect is to design the entire building and its immediate sm-roundings and is to design or direct the design of its constructive, engineering and decorative work and its fixed equipment and, if further retained, its movable furniture and the treatment of the remainder of its grounds. 2. DRAWINGS AND SPECinC ATIONS : The architect is to make such revision of his competitive scheme as may be necessary to complete the preliminary studies; and he is to provide drawings and specifications necessary for the conduct of the work. All such instruments of service are and remain the property of the architect. 123 3. ADMINISTRATION: The architect is to prepare or advise as to all forms connected with the making of proposals and contracts, to issue all certificates of payment, to keep proper accounts and generally to discharge the necessary administrative duties connected with the work. 4. SUPERVISION: The architect is to supervise the execution of all the work committed to his control. Duties of the Owner. 5. PAYMENTS: The Owner is to pay the architect for his services a sum equal to per cent, upon the cost of the work. NOTE: The percentage inserted should be in accord with good practice. The times and amounts of payments should be here stated. Good practice has established the payments on account as follows: Upon completion of the preliminary studies one- fifth of the total estimated fee less the previous payment; upon completion of contract drawings and specifications two- fifths additional of such fee; for other drawings, for supervision and for administration, the remainder of the fee, from time to time, as the work progresses. 6. REIMBURSEMENTS: The Owner is to reimburse the architect, from time to time, the amount of ex- penses necessarily incurred by him or his deputies while travehng in the discharge of duties connected with the work. 7. SERVICE OF ENGINEERS : The Owner is to reimburse the architect the cost of the services of engineers for - - - (Insert nature of work for which the Owner agrees that engineers shall be employed at his expense) The selection of such engineers and their compensation shall be subject to the approval of the Owner. 8. INFORMATION, CLERK OF THE WORKS, ETC.: The Owner is to give all information as to his requirements; to pay for all necessary surveys, borings and tests, and for the continuous services of a clerk of the works whose competence is approved by the architect. PART IV. REQUIREMENTS OF THE BUILDING: NOTE: For the same reason that elaborate drawings are undesirable, it is advisable to avoid lengthy and detailed instructions as to the desired accommodations, as they confuse the problem and hamper the Competitors; and the Owner loses thereby the benefit he might gain in allowing the Competitors freedom to develop solutions which they would not otherwise be at liberty to suggest. It should be borne in mind that either the cost of the building, as determined by its cubical contents, should be fixed, or the requirements of the Owner in regard to the design, materials of construction, dimensions of rooms, etc., should be fixed, but not both. If on the one hand the cubical contents and cost is fixed, it should be st.ated that the requirements of the Owner must be adhered to as closely as possible by Competitors; if on the other hand, the requirements of the Owner are definitely fixed, it may be stated that the cubical contents of each design, while not Umited, will be taken into consideration in making the award. In case the sizes of certain rooms, etc., are definitely fixed, the word "Mandatory" should be placed at the head of the paragraph referring to these rooms. Here should follow a list of rooms required, together with sizes and other data which apply to the building under consideration. 124 Appendix D Schedule of Charges A. I. A. Document, Series A, No. 124 The American Institute of Architects Professional Practice of Architects Details of Service to be Rendered 1857 Schedule of Proper Minimum Charges 1. The Architect's professional services consist of the necessary conferences, the preparation of pre- liminary studies, working drawings, specifications, large scale and full size detail drawings; the drafting of forms of proposals and contracts; the issuance of certificates of payment; the keeping of accounts, the general administration of the business and super- vision 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. 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. 5. The Architect is to be reimbursed the costs of transportation and living incurred by him and his assistants while traveling in discharge of duties con- nected vsnth the work, and the costs of the services of heating, ventilating, mechanical, and electrical engineers. 6. The rate of percentage arising from Articles i and 2 hereof, i. e., the basic rate, applies when all of the work is let under one contract. Should the Owner determine to have certain portions of the work executed under separate contracts, as the Architect's burden of service, expense and responsi- bility is thereby increased, the rate in connection with such portions of the work is greater (usually by four per cent) than the basic rate. Should the Owner determine to have substantially the entire work executed under separate contracts, then such higher rate applies to the entire work. In any event, however, the basic rate, without increase, applies to contracts for any portions of the work on which the Owner reimburses the engineer's fees to the Architect. 7. If, after a definite scheme has been approved the Owner makes a decision which, for its proper execution, involves extra services and expense for changes in or additions to the drawings, specifica- tions or other documents; or if a contract be let by cost of labor and materials plus a percentage or fixed sum; or if the Architect be put to labor or expense by delays caused by the Owner or a contractor, or by the delinquency or insolvency of either, or as a result of damage by fire, he is to be equitably paid for such extra service and expense. 8. Should the execution of any work designed or specified by the Architect or any part of such work be abandoned or suspended, the Architect is to be paid in accordance with or in proportion to the terms of Article 9 of this Schedule for the service rendered on account of it, up to the time of such abandonment or suspension. 9. Whether the work be executed or whether its execution be suspended or abandoned in part or whole, payments to the Architect on his fee are subject to the provisions of Articles 7 and 8, made as follows: Upon completion of the preliminary studies, a sum equal to twenty per cent of the basic rate com- puted upon a reasonable estimated cost. Upon completion of specifications and general working drawings (exclusive of details) a sum suffi- cient to increase payments on the fee to sixty per cent of the rate or rates of commission agreed upon, as influenced by Article 6, computed upon a reasonable cost estimated on such completed specifications and drawings, or if bids have been received, then com- puted upon the lowest bona fide bid or bids. From time to time during the execution of work and in proportion to the amount of ser\Mce rendered by the Architect, payments are made until the aggregate of all payments made on account of the fee under this Article reaches a sum equal to the rate or rates of commission agreed upon as influenced by Article 6, computed upon the final cost of the work. (over 1 25 Payments to the Architect, other than those on his fee, fall due from time to time as his work is done or as costs are incurred. No deduction is made from the Architect's fee on account of penalty, liquidated damages or other sums withheld from payments to contractors. 10. The Owner is to furnish the Architect with a complete and accurate survey of the building site, giving the grades and lines of streets, pavements and adjoining properties; the rights, restrictions, easements, boundaries and contours of the building site, and full information as to sewer, water, gas and electrical service. The Owner is to pay for borings or test pits and for chemical, mechanical or other tests, when required. 11. The Architect endeavors to guard the Owner against defects and deficiencies in the work of con- tractors, but does not guarantee the performance of their contracts. The supervision of an architect is to be distinguished from the continuous personal superintendence to be obtained by the employment of a clerk of the works. When authorized by the Owner, a clerk of the works, acceptable to both Owner and Architect, is to be engaged by the Architect at a salary satis- factory to the Owner and paid by the Owner, upon presentation of the Architect's monthly certificates. 12. When requested to do so, the Architect makes or procures preliminary estimates on the cost of the work and he endeavors to keep the actual cost of the work as low as may be consistent with the purpose of the building and with proper workmanship and material, but no such estimate can be regarded as other than an approximation. 13. Drawings and specifications, as instruments of service, are the property of the Architect, whether the work for which they are made be executed or not. The words " Uie cost of the work," as used in Articles 1 and 9 hereof, are ordinarily to be interpreted as meaning the total of the contract sums incurred for the execution of the work, not including Architect's and Engineer's fees or the s alary of the clerk of the works, but in certain rare cases, c g.. when labor or material is furnished by the Owner below its market cost or when old materials are re-used, the cost of the work is to be interpreted as the cost of all materials and labor necessary to complete the work, as such cost would have been if all materials had been new and if all labor had been fully paid at market prices current when the work was ordered, plus contractor's profits and expenses. As adopted at the Washington Convention, December 15-17, 1908, and revised in form at the Minneapolis Convention, December 6-8, 1916. Ojfice of the Secretary, The Octagon, Washington, D. C. February, 1917. 126 Appendix E Standard Form of Agreement Between Owner and Architect — Percentage Basis THE STANDARD FORM OF AGREEiMENT BETWEEN OWNER AND ARCHrfECT ISSUED BV THE AMERICAN INSTITUTE OF ARCIIITECTS FOR USE WHEN A PERCENTAGE 01' THE COST OF THE WORK FORMS THE BASIS OP PAYMENT. SECONn EDITION — COPYRIGHT I917 l)Y THE AMERICAN INSTITUTE OF ARCHITECTS, WASHINGTON, D. C. THIS AGREEMENT .ade.he day of. in the year Nineteen Hundred and. by and between hereinafter called the Owner, and. - hereinafter called the Architect, WITNESSETH, that whereas the Owner intends to erect._ NOW, THEREFORE, the Owner and the Architect, for the considerations hereinafter named, agree as follows: The Architect agrees to perform, for the above-named work, professional ser- vices as stated in Article i of the "Conditions of Agreement between Owner and Architect," hereinafter set forth. The Owner agrees to pay the Architect at the rate of. per cent, hereinafter called the basic rate, computed and payable as stated in the said "Conditions," and to make any other payments and reimbursements arising out of the said "Conditions." 127 The parties hereto further agree to the following: 128 CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT. Article I. The Architect's Services. — The Architect's professional services consist of the necessary conferences, the preparation of prelimi- nary studies, working drawings, specifications, large scale and full size detail drawings; the draft- ing of forms of proposals and contracts; the issu- ance of certificates of payment; the keeping of accounts, the general administration of the busi- ness and supervision of the work. 2. The Architect's Fee.— The fee payable by the Owner to the Architect for the performance of the above services is the percentage hereinbefore defined as the basic rate, computed upon the cost of the work in respect of which such services have been performed, subject, however, to any modi- fications growing out of these Conditions of Agreement. 3. Reimbursements. — The Owner is to reim- burse the Architect the costs of transportation and living incurred by him and his assistants while travelling in discharge of duties connected with the work, and the costs of the services of heating, ventilating, mechanical, and electrical engineers. 4. Separate Contracts. — The basic rate as hereinbefore defined is to be used when all of the work is let under one contract. Should the Owner determine to have certain portions of the work executed under separate contracts, as the Archi- tect's burden of service, expense, and responsi- bility is thereby increased, the rate in connection with such portions of the work shall be four per cent greater than the basic rate. Should the Owner determine to have substantially the entire work executed under separate contracts, then such higher rate shall apply to the entire work. In any event, however, the basic rate shall, without increase, apply to contracts for any portions of the work on which the Owner reimburses the Engineer's fees to the Architect, and to the cost of articles not designed by the Architect but purchased under his direction. 5. Extra Services and Special Cases. — ^If after a definite scheme has been approved, the Owner makes a decision which, for its proper execution, involves extra services and expense for changes in or additions to the drawings, specifications or other documents; or if a contract be let by cost of labor and material plus a percentage or fixed sum; or if the Architect is put to labor or expense by delays caused by the Owner or a contractor, or by the delinquency or insolvency of either, or as a result of damage by fire he shall be equitably paid for such extra service and expense. Should the execution of any work designed or specified by the Architect, or any part of such work be abandoned or suspended, the Architect is to be paid in accordance with or in proportion to the terms of Article 6 for the service rendered on account of it up to the time of such abandon- ment or suspension. 6. Payments. — Whether the work be executed or whether its execution be suspended or aban- doned in part or whole, payments to the Architect on his fee are, subject to the provisions of Article 5, to be made as follows: Upon completion of the preliminary studies, a sum equal to 20% of the basic rate computed upon a reasonable estimated cost. Upon completion of specifications and general working drawings (exclusive of details) a sum sufficient to increase payments on the fee to 6o% of the rate or rates of commission arising from this agreement, computed upon a reasonable cost esti- mated on such completed specifications and draw- ings, or if bids have been received, then computed upon the lowest bona fide bid or bids. I'"rom time to time during the execution of work and in proportion to the amount of service ren- dered by the Architect, payments shall be made until the aggregate of all payments made on account of the fee under this Article, but not including any covered by the provisions of Article 5, shall be a sum equal to the rate or rates of commission arising from this agreement, com- puted upon the final cost of the work. Payments to the Architect, other than those on his fee, fall due from time to time as his work is done or as costs are incurred. JMo deduction shall be made from the Architect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 7. The Owner's Decisions.— The Owner shall give thorough consideration to all sketches, draw- ings, specifications, proposals, contracts, and other documents laid before him by the Architect and, whenever prompt action is necessary', he shall inform the Architect of his decisions in such reason- able time as not to delay the work of the Architect nor to prevent him from giving drawings or in- structions to contractors in due season. 8. Sur^■ey, Borings, and Tests.— The Owner shall furnish the Architect with a complete and accurate survey of the building site, giving the grades and lines of streets, pavements, and adjoin- ing properties; the rights, restrictions, easements, boundaries, and contours of the building site, and full information as to sewer, water, gas, and elec- trical service. The Owner is to pay for borings or test pits and for chemical, mechanical, or other tests when required. 9. Supervision of the Work.— The Architect will endeavor to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their con- tracts. The supervision of an architect is to be distinguished from the continuous personal super- intendence to be obtained by the employment of a clerk-of-the-works. When authorized by the Owner, a clerk-of-the- works acceptable to both Owner and Architect shall be engaged by the Architect at a salary' satis- factory to the Owner and paid by the Owner, upon presentation of the Architect's monthly certificates. 129 no limitation as to the vocation of those admitted to partnership is imposed. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other. 14. Arbitration. — All questions in dispute under this agreement shall be submitted to arbi- tration at the choice of either party. No one shall be nominated or act as an arbi- trator who is in any way financially interested in this contract or in the business affairs of either party. The general procedure shall conform to the laws of the State in which the work is to be erected. Unless otherwise provided by such laws, 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 arbi- trators, or if they fail to select a third within ten days, then he shall be chosen by the presiding officer of the Bar Association nearest to the loca- tion of the work. Should the party demanding arbitration fail to name an arbitrator witlin ten days of his demand, his right to arbitration shall lapse. Should the other party fail to choose an arbitrator within said ten days, then such presid- ing officer shall appoint such arbitrator. Should either party refuse or neglect to supply the arbi- trators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex -parte. The arbitrators shall act with promptness. If there be one arbitrator his decision shall be bind- ing; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and wher- ever permitted by law it may be filed in Court to carry it into effect. The arbitrators shall fix their own compensa- tion, unless otherwise provided by agreement, and shall assess the costs and charges of the arbi- tration upon either or both parties. The award of the arbitrators must be in writing and, if in writing, it shall not be open to objection on account of the form of the proceedings or the award, unless otherwise provided by the laws of the State in which the work is to be erected. The Owner and the Architect hereby agree to the full performance of the cove- nants contained herein, IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. In Presence of 10. Preliminary Estimates. — When requested to do so, the Architect will make or procure pre- liminary estimates on the cost of the work and he will endeavor to keep the actual cost of the work as low as may be consistent with the purpose of the building and with proper workmanship and material, but no such estimate can be regarded as other than an approximation. 11. Definition of the Cost of the Work.— The words "the cost of the work" as used in Article 2 and 6 hereof are ordinarily to be interpreted as meaning the total of the contract sums incurred for the execution of the work, not including Architect's and Engineer's fees, or the salary of the Clerk- of-the-Works, but in certain rare cases, e. g., when labor or material is furnished by the Owner below its market cost or when old materials are re-used, the cost of the work is to be interpreted as the cost of all materials and labor necessary to corn- plete the work, as such cost would have been if all materials had been new and if all labor had been fully paid at market prices current when the work was ordered, plus contractor's profits and expenses. 12. Ownership of Documents. — Drawings and specifications as instruments of service are the property of the Architect whether the work for which they are made be executed or not. 13. Successors and Assignment. — The Owner and the Architect, each binds himself, his succes- sors, executors, administrators, and assigns to the other party to this agreement, and to the succes- sors, executors, administrators, and assigns of such other party in respect of all the covenants of this agreement. The Architect shall have the right to join with him in the performance of this agreement, any architect or architects with whom he may in good faith enter into partnership relations. In case of the death or disability of one or more partners, the rights and duties of the Architect, if a firm, shall devolve upon the remaining part- ner or partners or upon such firm as may be established by him or them, and he, they or it shall be recognized as the "successor" of the Architect, and so on until the service covered by the ageement has been performed. The Owner shall have the same rights, but in his case as to as to 130 Appkndix !•" Form of Agreement Retzveen Ozvner and Arcliiteci— Fee-Pius-Cost System A FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT ON THE FEE-PLUS-COST SYSTEM COPYRIGHT 1917 BY THE AMERICAN INSTITUTE OF ARCHITECrS, THE OCTAGON, WASHINGTON, D. C. THIS AGREEMENT,.. ide the. day of. in the year Nineteen Hundred and. by and between _ hereinafter called the Owner, and hereinafter called the Architect WITNESSETH, that whereas the Owner intends to erect (Add here brief description of scope and maaner of execution of work.) NOW, THEREFORE, the Owner. and the Architect, for the considerations hereinafter named, agree as follows: The Architect agrees to perform for the above-named work, professional services as stated in Article i of the "Conditions of Agreement between Owner and Archi- tect" hereinafter set forth. The Owner agrees to pay the Architect the sum of. dollars ($ ) as his fee, of which dollars {$ ) is to be paid in equal installments monthly, beginning , the balance to be paid on issuance of final certificate; and to reimburse the Architect monthly all costs incurred by him in the performance of his duties hereunder as more fully set forth in the said "Conditions." 131 The parties hereto further agree to the following: '32 CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT. Article I. The Architect's Services. — The Architect's professional services consist of the nec- essary conferences, the preparation of preliminary studies, working drawings, specifications, large- scale and full-size detail drawings; the drafting of forms of proposals and contracts; the issuance of certificates of payment; the keeping of accounts, the general administration of the business and supervision of the work. 2. The Architect's Fee. — The fee payable by the Owner to the Architect for his personal pro- fessional services shall be as named elsewhere in this Agreement. In case of the abandonment or suspension of the work or of any part or parts thereof, the Architect is to be paid in proportion to the services rendered on account of it up to the time of its abandonment or suspension, such proportion being 20% upon completion of preliminary sketches and 60% upon completion of working drawings and specifications. If the scope of the work or the manner of its execution is materially changed subserfuent to the signing of the Agreement the fee shall be adjusted to fit the new conditions. If additional personal service of the Architect is made necessary by the delinquency or insol- vency of either the Owner or the Contractor, or as a result of damage by fire, he shall be equitably paid by the Owner for such extra service. 3. The Architect's Costs. — The Architect shall maintain an efficient and accurate cost-keep- ing system as to all costs incurred by him, in con- nection with the subject of this agreement, and his accounts, at all reasonable times, shall be open to the inspection of the Owner or his authorized rep- resentatives. The costs referred to in this Article comprise the following items: (a) The sums paid for drafting, including verifi- cation of shop drawings, for specification writing and for supervision of the work. (b) The sums paid to structural, mechanical, electrical, sanitary or other engineers. (c) The sums paid for incidental expenses such as costs of transportation or living incurred by the Architect or his assistants while traveling in dis- charge of duties connected with the work, costs of reproducing drawings, printing or mimeographing the specfications, models, telegrams, long distance telephone calls, legal advice, expressage, etc. (d) A proportion of the general expenses of the Architect's office, commonly called "Overhead," representing items that cannot be apportioned in detail to this work, such as rent, light, heat, stenog- rapher's services, postage, drafting materials, tele- phone, accounting, business administration, etc. It is agreed that the charge for such general ex- penses shall be per cent of item (a) of this article. 4. Payments.— On or about the first day of each month the Architect shall present to the Owner a detailed statement of the payment due on account of the fee and the costs referred to in Article 3 and the Owner shall pay the Architect the amount thereof. 5. The Owner's Decisions.— The Owner shall give thorough consideration to all sketches, draw- ings, specifications, proposals, contracts and other documents laid before him by the Architect and, whenever prompt action is necessary, he shall in- form the Architect of his decisions in such reason- able time as not to delay the work of the Architect nor to prevent him from giving drawings or in- structions to Contractors in due season. 6. Survey, Borings and Tests. — The Owner shall furnish the Architect with a complete and accurate survey of the building site, giving the grades and lines of streets, pavements and adjoin- ing properties; the rights, restrictions, boundaries and contours of the building site, and full informa- tion as to sewer, water, gas and electrical service. The Owner is to pay for test borings or pits and for chemical, mechanical or other tests when required. 7. Supervision of the Work. — The Architect will endeavor to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their con- tracts. The supervision of an Architect is to be distinguished from the continuous personal super- intendence to be obtained by the employment of a clerk-of-the-works. When authorized by the Owner, a clerk-of-the- works, acceptable to both Owner and Architect, shall be engaged by the Architect at a salary satis- factory to the Owner and paid by the Owner. 8. Preliminary Estimates. — When requested to do so, the Architect will make or procure pre- liminary estimates on the cost of the work and he will endeavor to keep the actual cost of the work as low as may be consistent with the purpose of the building and with proper workmanship and ma- terial, but no such estimate can be regarded as other than an approximation. 9. Ownership of Documents. — Drawings and specifications as instruments of service are the property of the Architect whether the work for which they are made be executed or not. 10. Successors and Assignment. — The Owner and the Architect, each binds himself, his successors, executors, administrators, and assigns to the other party to this agreement, and to the successors, executors, administrators, and assigns of such other party in respect of all the covenants of this Agreement. The Architect shall have the right to join with him in the performance of this agreement, any architect or architects with whom he may in good faith enter into partnership relations. In case of 133 the death or disability of one or more partners, the rights and duties of the Architect, if a firm, shall devolve upon the remaining partner or partners or upon such firm as may be established by him or them, and he, they or it, shall be recognized as the "successor" of the Architect, and so on until the service covered by the agreement has been per- formed. The Owner shall have the same rights, but in his case no limitation as to the vocation of those admitted to partnership is imposed. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his inter- est in this agreement without the written consent of the other. 11. Arbitration. — All questions in dispute under this agreement shall be submitted to arbi- tration at the choice of either party. No one shall be nominated or act as an arbitra- tor who is in any way financially interested in this contract or in the business affairs of either party. The general procedure shall conform to the laws of the State in which the work is to be erected. Unless otherwise provided by such laws, the par- ties may agree upon one arbitrator; otherwise there shall be three, one named in writing by each party and the third chosen by these two arbitra- tors, or if they fail to select a third within ten days, then he shall be chosen by the presiding officer of the Bar Association nearest to the loca- tion of the work. 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 said ten days, then such presid- ing officer shall appoint such arbitrator. Should either party refuse or neglect to supply the arbi- trators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. The arbitrators shall act with promptness. If there be one arbitrator his decision shall be bind- ing; if three, the decision of any two shall be bind- ing. Such decision shall be a condition precedent to any right of legal action, and wherever permit- ted by law it may be filed in Court to carry it into effect. The arbitrators shall fix their own compensa- tion, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitra- tion upon either or both parties. The award of the arbitrators must be in writing and, if in writing, it shall not be open to objection on account of the form of the proceedings or the award, unless otherwise provided by the laws of the State in which the work is to be errected. The Owner and the Architect hereby agree to the full performance of the covenants contained herein, IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. 134 Appendix G Description of Fee-Plus-Cost System A. I. A. Document, Series A, No. i2q The American Institute of Architects The Fee-Plus-Cost System of Charges 1857 X A Description of the Use of the System '■''i'ccci-''^^ A Circular of Information Relating to the Fee Plus Cost System of Charging for Professional Services, Issued in Connection with a Form of Agreement Between Architect and Owner, for Use When Such a System is Employed. General. A system under which the Architect charges a fixed professional fee for his personal services, and in addition charges his various expenses at cost, is both logical and flexible. When the study of a problem is started, the work can be analyzed with approximate accuracy, as to the degree of personal service in- volved, and a sum agreed upon that is mutually sat- isfactory as a fee for the personal, professional serv- ices of the Architect. This amount is guaranteed and can therefore resonably be reduced to a mini- mum. The cost of draughting and other expenses of the Architect involved in the performance of this service, including all overhead costs, are charged to the Owner at cost. The Owner trusts the Architect to expend economically the money invested in the building and will be equally willing to trust him to expend economically and wisely, as well as honestly, the much smaller amount involved in draughting and other costs. This system of charging places the Architect in a position where he can advise the Owner on the invest- ment of his money v^ithout having his professional remuneration in any way affected by the final amount actually expended. The adaptabilit)- of the system to the work of public, private, and corporate Owners has been demonstrated in actual practice for many years. Determination of Fee. The fee should be determined according to the personal service demanded. In each case the Archi- tect should consider the intensity of personal service to be required of him, the length of time during which such service is to be rendered, and the responsibility involved in such service. No fixed percentage of the cost can be adopted by which to determine the fee. The service demanded in connection with a private residence will manifestly be more exacting and greater in amount in proportion to the expenditure nvolved, than in connection with a warehouse. Each Architect must therefore decide upon his in- dividual scale by which to determine his fees, which would naturallj' appro.ximate the amount he would expect to clear, under reasonable conditions, if he were w-orking on the usual percentage basis; taking into consideration, however, that the fee is guaran- teed and need not be increased to take care of any uncertain items of expense, but rather can be reduced to the resonable minimum. It is also to be borne in mind that while the fee has been determined in connection with an estimated cost of the work, it is not to be affected by any difference between this estimate and the actual final cost of the work. If the scope of the work is changed so as materialh' to increase or diminish the intensity, duration, or responsibility of service, then the agree- ment with the Owner should be modified to fit the 'J3 new conditions. If the conditions of service remain unchanged, the fee remains unaffected by the actual final cost of the work.* Draughting. By "cost of draughting" is meant the actual sums paid to members of the office force, other than the Architect and the clerk-of-the-works, for draught- ing, writing specifications and supervising the con- struction of the work. The cost of draughting on any piece of work will have a varying relation to the cost of the works dependent on the character of the undertaking [obviously less for a warehouse than for a hotel], and also dependent on the Architect's office administra- tion, that is, the scale of salaries paid, the complete- ness or incompleteness of drawings and specifications, etc. It can only be estimated bj^ each Architect for himself in the light of his own experience. Charges for draughting by the Architect himself should not be made under this item. The fee is for the personal service of the Architect. If it is his custom to do a considerable amount of draughting, orif a particular piece of work will involve an unusual amount of his own time for original design or detail- ing, the fee should be accordingly increased. It is not proper under this system for the Architect to obtain profit otherwise than from his professional fee. Other Costs. There are two kinds of cost-items, in addition to draughting, connected with the expenses of an Architect's office: (i) Those items easily chargeable directly to a particular piece of work, such as engineers, clerk-of- the-works, travel, long distance telephoning, legal advice, blue-printing, models, etc. These should be so charged. (2) Overhead costs not easily apportioned: These overhead costs, such as rent, light, heat, stenography, supplies, postage, etc., have a certain ogical relation to the total cost of draughtsmen's, salaries, which relation will differ in different offices, but in each will remain fairly constant. Each office should determine this relation and in charging the draughting to each job, add a fixed percentage to cover the overhead charges. The overhead charges vsall probably vary from sixty to one hundred per cent of the draughting. If the Architect as a general rule does most of his draughting himself, under the item of professional fee, as noted above, the overhead charges may very likely be more than the cost of the remaining draughting. Rendering of Accounts. Under this system accounts can be rendered monthly, each statement covering a payment on account of the fee, and reimbursement of costs incurred during the previous month. The various items of cost offer no problems. Payments on account of the fee need to be predetermined. Having settled the fee, it is well for the sense of security of the Owner, to set aside a sum, reasonably about twenty per cent of the fee, to be paid on the issuance of the final certificate. The balance of the fee should be paid in monthly installments during the progress of the work. For instance, suppose a $50,000 residence with a professional fee of $2,000; duration of the work from date of agreement to final certificate estimated at 18 months; retained for payment on issuance of final certificate, $400; balance, $1,600, paid in 16 monthly payments of $100, or perhaps 10 monthly payments of $160, as conditions might warrant. Rendering monthly charges against the fee in this way is advantageous to the Architect, in that it gives him a steadier income. It is acceptable to the Owner since it creates a definite monthly item of expense that is expected in connection with the other monthly expenses. *When the cost or scope of tlie work may not with reasonable accuracy be determined in advance or is liicely to change, the fee may be a percentage of the cost instead of a fixed amount. It will then automatically adjust itself as the scope of the work changes. The percentage charged, as in the case of the fixed fee, varies according to the amount and character of service required. 136 Appendix II Standard Electrical Symbols THE STANDARD SYMBOLS FOl? WIRING PLANS AS ADOITKO AJtn BKC(J»f Ul.M(i:i) UT NATIOVAl ElECTRlCAl COSITRACTORS ASSOCIATION OF THE UIIED STATES and THE AMESICAN mmVil OF ABCBlItClS. •'y »rTb*X»t, KU« CiDI icB. N. y..fti>j I • ^<'r sr Tft* AibstiHB iiKiii. «.r ^t^kitvcu. w**hU(U>*. D. c 'mi ® coo S" B Ceiling Outlet; Electric only. Numernl in center indicates miinber of Stadaid 16 C. P. Inciailocent Lani|». Ceiling Outlet; Combinilion. ! indicntei 4-16 C. P. Standard Incandescent Lamps and 2 Oia Buraen. If gas only )H Bracket Outlet; Electric only. Humeral in center indicates num'uer of Standard 16 C. P. Incandescent lamps. Prackel Outlet; Combination. > indicates d-ie C. P. Standard lucandocent Lamps and 2 Ois Burners. If gas onJy '-1 WS Wall or Baseboard Hcceptacle Outlet. Humeral in center indicates number of Sundard 16 C. P. Incandescent lamps. Floor Outlet. Humeral in center indicates number of Standard 16 C. P. Incandescent Lamps. Outlet for Outdoor Standard or Pedestal; Electric only. Nomeral indicates number of Stand. 16 C. P. Inon. lamps. Outlet tor Outdoor Standard or Pedestal; Combination. { indicates e-16 C. P. Stand. Incon. lamps; 6 Oai Bamen. Brop Cord Outlet. One Light Outlet, for tamp Eeceptacle, Arc Lamp Outlet. Special Outlet, for Lighting, Heatii^ and Power Current, as described in Speciflcationi, Ceiling Fan Outlet. Show as mnny Symbols as (here are Switches. Or in cue of a rery large group of Sn-itchea, indicate niunber of Switches by e Bomnn Domenl, thus; S* Tit - meaning 12 Single Pole Switches. Describe Type of Switch in Spcci£caticns, that is, Flush or Surface, Push Batten or Suap, H 8 Da -© -® S. P. Switch Outlet. D. P. Sttitcli Ontkt. 3 -Way Switch Outlet. 4-Wa7 Switch Outlet. Automatic Door Smtcb Outlet. Electrolier Switch Outlet. Meter Outlet. Distribution Panel. Junction or Tull Box. Motor Outlet; Numeral in ccatcr indicates Horse Power. Motor Control Outlet. Transfonner. ■■«■» Main or Feeder run (^nccalcd under Floor. Main or Feeder run concealed under Floor above. — •■*■ Main or Feeder run exposed. ■ — ■— Branch Circuit run concealed under Floor. -,. ,^ Branch Circuit ran concealed under Floor above. — Branch Circuit run exposed. — ft-— Pole Line. Riser. Telephone Outlet; Private Service. Telephone. Outlet; Public Service. Bell Outlet. Buizer Outlet. Push Button Outlet; Numeral indicates number ol Pushet. Annunciator; Numeral indicates nuaaher of Points. Speaking Tube. Watclinan Clock Outlet. Watchman Station Outlet. Master Time Clock Outlet. Secondary Time Clock Outlet. Door Opener. Special Outlet; for Signal Systems, as described in Specificstioaf. Buttery Outlet. \ Circuit for Clock, Telephone, Bell or other Service, ran under Floor, concealed. ' I Kind of Service waited ascertained by Symbol to which line cosaects. \ Circuit for Clock, Telephone, Bell or other Service, ran cndcr Floor above, concealed. ' ( Kind of Service wanted ascertained by Symbol to which line connects. NOTE— If other than Standard 16 C. P. Incandescent lamps are desired, Specifications should describe capacity of lamp to be used. 5L'GSESIiO\S IS CO\'^EaiON W1T3 STA.V DARD SYMBOLS FOR WIRPiG FU.HS. It is import.int thai ample space be allowed for the installation of mams, feed- ers, branches and distribution panels. It is desirable that a key to the symbols used accompany all plans. If mains, feeders, branches and dii- tributioa pancts arc ahown on the plans. It IS desirable that they be designated by letters or numberw. Hciehts of Ceatrc of Will Outlets (unlat otherwise specified) Living* Rooms 5' 6" Chambers 6' 0" Offices 6' 0" Corridors 6' 3" Height of Switches (unless otherwise spec- ified) 4* 0- Copyright 1907 f ^^ ^'*® National Electrical Contractors' Association of the United States. 137 Appendix J Standard Form of Agreement Between Contractor and Owner — Stipulated Sum THE STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND OWNER ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS FOR USE WHEN A STIPULATED SUM FORMS THE BASIS OF PAYMENT The Standard Documents have received the approval of the National Associa- tion of Builders' Exchanges, the National Association of Master Plumbers, the National Association of Sheet Metal Contractors of the United States, the National Electrical Contractors' Association of the United States, the National Association of Marble Dealers, the Building Granite Quarries Association, the Building Trades Employers Association of the City of New York, and the Heating and Piping Contractors National Association. THIRD EDITION, COPYRIGHT I9I5-1918 BY THE AMERICAN INSTITUTE OF ARCHITECTS, THE OCTAGON, WASHINGTON, D. C. THIS FORM IS TO BE USED ONLY WITH THE STANDARD GENERAL CONDITIONS OF THE CONTRACT. THIS AGREEMENT made .he day of. in the year Nineteen Hundred and by and between hereinafter called the Contractor, and. .hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: Article I. The Contractor agrees to provide all the materials and to perform all the work shown on the Drawings and described in the Specifications entitled (Here insert the caption descriptive of the work as used in the Proposal. General Conditions. Specifications, and upon the Drawings.) prepared by.. acting as, and in tliese Contract Documents entitled the Architect, and to do everything required by the General Conditions of the (^^ontract, the Specifications and the Drawings. THIRD EDITION, I918 — PAGE 1 138 Article 2. The Contractor agrees that the work under this Contract shall be substantially completed _ _.. (Here inicrt the date or date* of completion, and itipulatiooi as to liquidated damagei, if aoj.) Article 3. The Owner agrees to pay the Contractor in current funds for the performance of the Contract --- _. {$ ) subject to additions and deductions as provided in the General Conditions of the Contract and to make payments on account thereof as provided therein, as follows: On or about the day of each month _ per cent of the value, proportionate to the amount of the Contract, of labor and materials incorporated in the work up to the first day of that month as estimated by the Architect, less the aggregate of previous payments. On sub- stantial completion of the entire work, a sum sufficient to increase the total payments to per cent of the contract price, and days thereafter, provided the work be fully completed and the Con- tract fully performed, the balance due under the Contract. THIRD EDITION, igiS — PAGE 2 Article 4. The Contractor and the Owner agree that the General Conditions of the Contract, the Specifications and the Drawings, together with this Agreement, form the Contract, and that they are as fully a part of the Contract, as if hereto attached or herein repeated; and that the following is an exact enumeration of the Specifications and Drawings: THIRD EDITION, I918 — PAGE 3 140 The Contractor and the Owner for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. THIRD EDITION, I918 — PAGE 4 141 Appendix K General Conditions of the Contract TITLE PAGE TITLE AND LOCATION OF THE WORK; NAME AND ADDRESS OF THE OWNER NAME AND ADDRESS OF THE ARCHITECT: TITLES OF DOCUMENTS BOUND HEREWITH AND ENUMERATION OF DRAWINGS: 142 THE GENERAL CONUITIONS OF THE CONTRACT Standard Form of the American Institute of Architects Tbe Standard DocuinentB have rcc-eiTcd the approval of the National Aftocia- tioD of Buitdcra' HitfatinKen. the National Amujciatlon of Master ritimben. the National Association ol Sheet Metal Contractors of the United States, the National Electrical Contractors' Association of the United States, the National Association of Murhle Uculers, the Htiilding Granite Quarries Association, the BiiildinR Trades Kmplovers' Association of tbe City o( New York, and tije Heating and Piping Contractors National Association. TJimD EDITION, COPYRIGHT I9IJ-I918 BY THE AMERICAN INSTITUTE OP ARCHlTECTi, THE OCTAGON, WAIHINGION, D. C. Index to the Articles of the Qeneral Conditions. 1. Definitions. 2. Documenti. 3. Details and Instructions. 4. Copies Furnished. 5. Shop Drawings. 6. Drawings on the Work. 7. Ownership of Drawings. 8. Samples, 9. The Architect's Status. 10. The Architect's Decisions. 11. Foremen, Supervision. II. Materials, Appliances, Employees. 13. Inspection of Work. 14, Correction Before Final Payment, 15 D«ductions for Uncorrected Work. 16. Correction After Final Payment. 17. Protection of Work and Property. 18. Emergencies. 19. Contractor's Liability Insurance. 20. Owner's Liability Insurance. 21. Fire Insurance. 22. Guaranty Bonds. 23. Cash Allowances. 24. Changes in the Work. 25. Claims for Extras. 26. Applications for Payments. 27. Certificates and Payments. 28. Payments Withheld. 29. Liens. 30. F'ermits and Regulations. 31. Royalties and Patents. 32. Use of Premises. 33. Cleaning up. 34. Cutting, Patching and Digging. 35. Delays. 36. Owner's Right to Do Work, 37. Owner's Right to Terminate Contract. 38. Contractor s Right to Stop Work oi Terminate Contract. 39. Damages, 40. Mutual Responsibility of Contractors 41. Separate Contracts. 42. Assignment. 43. Subcontracts. 44. Relations of Contractor and Sub- contractor. 45. Arbitration. Article 1. Principles and Definitions. — (a) The Contract Documents consist of the Agreement, the General Conditions of the Contract, the Drawings and Specifications, including all modifications thereof incorporated in the documents before their e.xecution. These form the Contract. (b) The Owner, the Contractor and the Architect are those named as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. (c) The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. (d) Written notice shall be deemed to have been duly served if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it it intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. (e) The term "work" of the Contractor or Subcontractor includes labor or materials or both. (f) All time limits stated in the Contract Documents are of the essence of the contract. (g) The law of the place of building shall govern the construction of this contract. Art. 2. Execution, Correlation and Intent of Documents. — The Contract Documents shall be signed in duplicate by the Owner and Contractor. In case of failure to sign the General Conditions, Drawings or Specifications the Architect shall identify them. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials reasonably necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class or trade of the specifications shall be supplied unless distinctly so noted on the drawings. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. Art. 3. Detail Drawings and Instructions.— The Architect shall furnish, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper THIRD EDITION, I918 — PAGE I e-25 20—10.000 143 execution of the work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. The work shall be executed in conformity therewith and the Contractor shall do no work without proper drawings and instructions. In giving such additional instructions, the Architect shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the building. The Contractor and the Architect, if either so requests, shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the work, fixing the dates at which the various detail drawings will be required, and the Architect shall furnish them in accordance with that schedule. Under like conditions, a schedule shall be prepared, fixing the dates for the submission of shop drawings, for the beginning of manufacture and installation of materials and for the completion of the various parts of the work. Art. 4. Copies Furnished. — Unless otherwise provided in the Contract Documents the Architect will furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. Art. 5. Shop Drawings. — The Contractor shall submit, with such promptness as to cause no delay in his own work or in that of any other contractor, two copies of all shop or setting drawings and schedules required for the work of the various trades and the Architect shall pass upon them with reasonable promptness. The Contractor shall make any corrections required by the Architect, file with him two corrected copies and furnish such other copies as may be needed. The Architect's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Architect's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. Art. 6. Drawings and Specifications on the Work. — The Contractor shall keep one copy of al! drawings and specifications on the work, in good order, available to the Architect and to his representatives. Art. 7. Ownership of Drawings and Models. — All drawings, specifications and copies thereof furnished by the Architect are his property. They are not to be used on other work and, with the exception of the signed contract set, are to be returned to him on request, at the comple- tion of the work. All models are the property of the Owner. Art. 8. Samples. — The Contractor shall furnish for approval all samples as directed. The work shall be in accordance with approved samples. Art. 9. The Architect's Status. — The Architect shall have general supervision and direc- tion of the work. He is the agent of the Owner only to the extent provided in the Contract Documents and when in special instances he is authorized by the Owner so to act, and in such instances he shall, upon request, show the Contractor written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. As the Architect is, in the first instance, the interpreter of the conditions of the Contract and the judge of its performance, he shall side neither with the Owner nor with the Contractor, but shall use his powers under the contract to enforce its faithful performance by both. In case of the termination of the employment of the Architect, the Owner shall appoint a capable and reputable Architect, whose status under the contract shall be that of the former Architect. Art. 10. The Architect's Decisions. — The Architect shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and on all other matters relating to the execu- tion and progress of the work or the interpretation of the Contract Documents. The Architect's decisions, in matters relating to artistic effect, shall be final, if within the terms of the Contract Documents. Except as above or as otherwise expressly provided in these General Conditions or in the specifications, all the Architect's decisions are subject to arbitration. Art. II. Foreman, Supervision. — The Contractor shall keep on his work, during its progress, a competent foreman and any necessary assistants, all satisfactory to the Architect. The foreman shall not be changed except with the consent of the Architect, unless the foreman proves to be unsatisfactory to the Contractor and ceases to be in his employ. The foreman shall THIRD EDITION, I918 — PAGE 2 144 represent the Contractor in his absence and all directions given to him shall be as binding as it given to the Contractor. Important directions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work, usinc his best skill and attention. He shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Architect any error, inconsistency or omission which he may discover. Art. 12. Materials, Appliances, Employees. — Unless otherwise stipulated, the Con- tractor shall provide and pay for all materials, labor, water, tools, equipment, light and power necessary for the execution of the work. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Contractor shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. Art. 13. Inspection of Work. — The Owner, the Architect and their representatives shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Architect's instructions, laws, ordinances or any public authority require any work to be specially tested or approved, the Contractor shall give the Architect timely notice of its readiness for inspection, and if the inspection is by another authority than the Archi- tect, of the date fixed for such inspection. Inspections by the Architect shall be promptly made. If any such work should be covered up without approval or consent of the Architect, it must, if required by the Architect, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Architect. If such work be found in accordance with the contract, the Owner shall pay the cost of re-examination and replacement. If such work be found not in accordance with the contract, through the fault of the Contractor, the Contractor shall pay such cost, unless he shall show that the defect in the work was caused by another contractor, and in that event the Owner shall pay such cost. Art. 14. Correction of Work Before Final Payment. — The Contractor shall promptly remove from the premises all materials condemned by the Architect as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the Owner may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within five days thereafter, the Owner may, upon ten days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. Art. 15. Deductions for Uncorrected Work. — If the Architect and Owner deem It inex- pedient to correct work injured or done not in accordance with the Contract, the difference in value together with a fair allowance for damage shall be deducted. Art. 16. Correction of Work After Final Payment. — Neither the final certificate nor Eayment nor any provision in the Contract Documents shall relieve the Contractor of responsi- ility for faulty materials or workmanship and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of two years from the time of installation. The Owner shall give notice of observed defects with reason- able promptness. All questions arising under this Article shall be decided under Articles lo and 45. Art. 17. Protection of Work and Property. — The Contractor shall continuously main- tain adequate protection of all his work from damage and shall protect the Owner's property from injury arising in connection with this Contract. He shall make good any such damage or injury, except such as may be directly due to errors in the Contract Documents. He shall adequately protect adjacent property as provided by law and the Contract Documents. Art. 18. Emergencies. — In an emergency affecting the safety of life or of the structure or of adjoining property, not considered by the Contractor as within the provisions of Article 17, then the Contractor, without special instruction or authorization from the Architect or Owner, is THIRD EDITION, I918 — PAGB 3 145 hereby permitted to act, at his discretion, to prevent such threatened loss or injuiy and he shall so act, without appeal, if so instructed or authorized. Any compensation claimed to be due to him therefor shall be determined under Articles lo and 45 regardless of the limitations in Article 25 and in the second paragraph of Article 24. Art. 19. Contractor's Liability Insurance. — The Contractor shall maintain such insur- ance as will protect him from claims under workmen's conipensation acts and from any other claims for damages for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Certificates of such insurance shall be hied with the Owner, if he so require, and shall be subject to his approval for adequacy of protection. Art. 20. Owner's Liability Insurance. — The Owner shall maintain such insurance as will protect him from his contingent liability for damages for personal injury, including death, which may arise from operations under this contract. Art. 21. Fire Insurance. — The Owner shall effect and maintain fire insurance upon the entire structure on which the work of this contract is to be done and upon all materials, in or adja- cent thereto and intended for use thereon, to at least eighty per cent of the insurable value thereof. The loss, if any, is to be made adjustable with and payable to the Owner as Trustee for whom it mav concern. All policies shall be open to inspection by the Contractor. If the Owner fails to show them on request or if he fails to effect or maintain insurance as above, the Contractor may insure his own interest and charge the cost thereof to the Owner. If the Contractor is damaged by failure of the Owner to maintain such insurance, he may recover under Art. 39. If required in writing by any party in interest, the Owner as Trustee shall, upon the occur- rence of loss, give bond for the proper performance of his duties. He shall deposit any money received from insurance in an account separate from all his other funds and he shall distribute it in accordance with such agreement as the parties in interest may reach, or under an award of arbitrators appointed, one by the Owner, another by joint action of the other parties in interest, all other procedure being in accordance with Art. 45. If after loss no special agreement is made, replacement of injured work shall be ordered under Art. 24. The Trustee shall have power to adjust and settle any loss with the insurers unless one of the contractors interested shall object in writing within three working days of the occurrence of loss and thereupon arbitrators shall be chosen as above. The Trustee shall in that case make settle- ment with the insurers in accordance with the directions of such arbitrators, who shall also, if distribution by arbitration is required, direct such distribution. Art. 22. Guaranty Bonds. — The Owner shall have the right to require the Contractor to furnish bond covering the faithful performance of the contract and the payment of all obligations arising thereunder, in such form as the Owner may prescribe and with such sureties as he may approve. If such bond is required by instructions given previous to the receipt of bids, the premium shall be paid by the Contractor; if subsequent thereto, it shall be paid by the Owner^ Art. 23. Cash Allowances. — The Contractor shall include in the contract sum all allowances named in the Contract Documents and shall cause the work so covered to be done by such contractors and for such sums as the Architect may direct, the contract sum being adjusted in conformity therewith. The Contractor declares that the contract sum includes such sums for expenses and profit on account of cash allowances as he deems proper. No demand for expenses or profit other than those included in the contract sum shall be allowed. The Contractor shall not be required to employ for any such work persons against whom he has a reasonable objection. Art. 24. Changes in the Work. — The Owner, without invalidating the contract, may make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. , , • Except as provided in Articles 3, 9 and 18, no change shall be made unless in pursuance of a written order from the Owner signed or countersigned by the Architect, or a written order from the Architect stating that the Owner has authorized the change, and no claim for an addition to the contract sum shall be valid unless so ordered. The value of any such change shall be determined in one or more of the following ways: THIRD EDITION, I918 — PACE 4 146 (a) By estimate and acceptance in a lump sum. (b) By unit prices named in the contract or subsequently agreed upon. (c) \iy cost and percentage or by cost and a fixed fee. (ii) It none of the above methods is agrttd upon, the Contractor, provided he receive an order as above, shall proceed with the work, no appeal to arbitration beinj; allowed from such order to proceed. In cases (c) and (d), the Contractor shall keep and present in such form as the Architect may direct, a correct account of the net cost of labor and materials, together with vouchers. In any case, the Architect shall certify to the amount, including a reasonable profit, due to the Con- tractor. Pending final determination of value, payments on account of changes shall be made on the Architect's certificate. Art. 25. Claims for Extras. — If the Contractor claims that any instructions, by drawings or otherwise, involve extra cost under this contract, he shall give the Architect written notice thereof before proceeding to execute the woik and, in any event, within two weeks of receiving such instructions, and the procedure shall then be as provided in Art. 24. No such claim shall be valid unless so made. Art. 26. Applications for Payments. — The Contractor shall submit to the Architect an application for each payment and, if required, receipts or other vouchers showing his payments for materials and labor, including payments to subcontractors as required by Article 44. If payments are made on valuation of work done, such application shall be submitted at least ten days before each payment falls due, and, if required, the Contractor shall, before the first application, submit to the Architect a schedule of values of the various parts of the work, including quantities, aggregating the total sum of the contract, divided so as to facilitate payments to subcontractors in accordance with Article 44 (e), made out in such form and, if required, supported by such evidence as to its correctness, as the Architect may direct. This schedule, when approved by the Architect, shall be used as a basis for certificates of payment, unless it be found to be in error. In applying for payments, the Contractor shall submit a statement based upon this schedule and, if required, itemized in such form and supported by such evidence as the Architect may direct, showing his right to the payment claimed. Art. 27. Certificates and Payments. — If the Contractor has made application as above, the Architect shall, not later than the date when each payment falls due, issue to the Contractor a certificate for such amount as he decides to be properly due. No certificate issued nor payment made to the Contractor, nor partial or entire use or occupancy of the work by the Owner shall be an acceptance of any work or materials not in accordance with this contract. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, otherwise than under Articles 16 and 29 of these conditions or under requirement of the specifications, and of all claims by the Contractor, except those previously made and still unsettled. Should the Owner fail to pay the sum named in any certificate of the Architect or in any award by arbitration, upon demand when due, the Contractor shall receive, in addition to the sum named in the certificate, interest thereon at the legal rate in force at the place of building. Art. 28. Payments Withheld. — The Architect may withhold or, on account of subse- quently discovered evidence, nullify the whole or a part of any certificate for payment to such extent as may be necessary to protect the Owner from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) A reasonable doubt that the contract can be completed for the balance then unpaid. (e) Damage to another contractor under Article 40. When all the above grounds are removed certificates shall at once be issued for amounts withheld because of them. Art. 29. Liens. — Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor THIRD EDmON, IQlS — PAGE J refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify him against any claim by lien or otherwise. If any lien or claim remain unsatisfied after all pay- ments are made, the Contractor shall refund to the Owner all moneys that the latter may be com- pelled to pay in discharging such lien or claim, including all costs and a reasonable attorney's fee. Art. 30. Permits and Regulations. — The Contractor shall obtain and pay for all permits and licenses, but not permanent easements, and shall give all notices, pay all fees and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawri and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Architect in writing, and any necessary changes shall be adjusted under Article 24. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Architect, he shall bear all costs arising therefrom. Art. 31. Royalties and Patents. — The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when the product of a particular manufacturer or manufacturers is specified, but if the Contractor has information that the article specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such information to the Architect or Owner. Art. 32. Use of Premises. — The Contractor shall confine his apparatus, the storage of materials and the operations of his workmen to limits indicated by law, ordinances, permits or directions of the Architect and shall not unreasonably encumber the premises with his materials. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Architect's instructions regarding signs, advertisements, fires and smoking. Art. 33. Cleaning Up. — The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by his employees or work and at the comple- tion of the work he shall remove all his rubbish from and about the building and all his tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified. In case of dispute the Owner may remove the rubbish and charge the cost to the several contractors as the Architect shall determine to be just. Art. 34. Cutting, Patching and Digging.— The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon, or reasonably implied by, the Drawings and Specifications for the completed structure and he shall make good after them, as the Architect may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. * The Contractor shall not endanger any work by cutting, digging or otherwise and shall not cut or alter the work of any other contractor save with the consent of the Architect. Art. 35. Delays. — If the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Architect, or of anj? employee of either, or by any other contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Architect pending arbitration, or by any cause which the Architect shall decide to justify the delay, then the time of completion shall be extended for such reason- able time as the Architect may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Architect. In the case of a continuing cause of delay, only one claim is necessary. If no schedule is made under Art. 3, no claim for delay shall be allowed on account of failure to furnish drawings until two weeks after demand for such drawings and not then unless such claim be reasonable. This article does not exclude the recovery of damages [for delay by either party under article 39 or other provisions in the contract documents. Art. 36. Owner's Right to Do Work. — If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days* THOU) BDinON, I918 — PAOI 6 148 written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor; provided, however, that the Architect shall approve both such action and the amount charged to the Contractor. Art. 37. Owner's Right to Terminate Contract. — If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should, except in cases recited in Article 35, persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or tne instructions of the Architect, or other- wise be guilty of a substantial violation of any provision of the contract, then the Owner, upon the certificate of the Architect that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days' written notice, terminate the employment of the Contractor ana take possession of the premises and of all mate- rials, tools and appliances thereon and finish the work by whatever method he may deem expe- dient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation to the Architect for his addirional services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Architect. Art. 38. Contractor's Right to Stop Work or Terminate Contract. — If the work should be stopped under an order of any court, or other public authority, for a period of three months, through no act or fault of the Contractor or of any one employed by him, or if the Owner should fail to pay to the Contractor, within seven days of its maturity and presentation, any sum certified by the Architect or awarded by arbitrators, then the Contractor may, upon three days' written notice to the Owner and the Architect, stop work or terminate this contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or material and reasonable profit and damages. Art. 39. Damages. — If either party to this contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of any one employed by him, then he shall be reimbursed by the other party for such damage. Claims under this clause shall be made in writing to the party liable within a reasonable time of the first observance of such damage and not later than the time of final payment, except in case of claims under Article 16, and shall be adjusted by agreement or arbitration. Art. 40. Mutual Responsibility of Contractors. — Should the Contractor cause damage to any other contractor on the work, the Contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if he will so settle. If such other contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such proceedings at the Owner's expense and, if any judgment against the Owner arise therefrom, the Contractor shall pay or satisfy it and pay all costs incurred by the Owner. Art. 41. Separate Contracts. — The Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Architect any defects in such work that render it unsuitable for such proper execution and results. His failure so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other con- tractor's work after the execution of his work. To insure the proper execution of his subsequent work the Contractor shall measure work already in place and shall at once report to the Architect any discrepancy between the executed work and the drawings. Art. 42. Assignment. — Neither party to the Contract shall assign the contract without THnu) BorrioN, 191 8 — page 7 149 the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner. Art. 43. Subcontracts. — The Contractor shall, as soon as practicable after the signature of the contract, notify the Architect in writing of the names of subcontractors proposed for the principal parts of the work and for such others as the Architect may direct and shall not employ any that the Architect may within a reasonable time object to as incompetent or unfit. If the Contractor has submitted before signing the contract a list of subcontractors and the change of any name on such list is required or permitted after signature of agreement, the contract price shall be increased or diminished by the difference between the two bids. The Architect shall, on request, furnish to any subcontractor, wherever practicable, evidence of the amounts certified to on his account. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the Owner. Art. 44. Relations of Contractor and Subcontractor. — The Contractor agrees to bind every subcontractor and every subcontractor agrees to be bound, by the terms of the General Conditions, Drawings and Specifications, as far as applicable to his work, including the following provisions of this Article, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner or Architect. This does not apply to minor subcontracts. The Subcontractor agrees — (a) To be bound to the Contractor by the terms of the General Conditions, Drawings and Speci- fications and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the Owner. (b) To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment under Article 26 of the General Conditions (c) To make all claims for extras, for extensions of time and for damages for delays or otherwise, to the Contractor in the manner provided in the General Conditions for like claims by the Contractor upon the Owner, except that the time for making claims for extra cost as under Article 2$ of the General Conditions is one week. The Contractor agrees — (d) To be bound to the Subcontractor by all the obligations that the Owner assumes to the Con- tractor under the General Conditions, Drawings and Specifications and by all the pro- visions thereof affording remedies and redress to the Contractor from the Owner. (e) To pay the Subcontractor, upon the issuance of certificates, if issued under the schedule of values described in Article 26 of the General Conditions, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Subcontractor's interest therein. (f) To pay the Subcontractor, upon the issuance of certificates, if issued otherwise than as in (e), so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the Contractor is to the value of the work done by him. (g) To pay the Subcontractor to such extent as may be provided by the Contract Documents or the subcontract, if either of these provides for earlier or larger payments than the above. (h) To pay the Subcontractor on demand for his work or materials as far as executed and fixed in place, less the retained percentage, at the time the certificate should issue, even though the Architect fails to issue it for any cause not the fault of the Subcontractor. (j) To pay the Subcontractor a just share of any fire insurance money received by him, the Con- tractor, under Article 21 of the General Conditions. (k) To make no demand for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in the subcontract. (I) That no claim for services rendered or materials furnished by the Contractor to the Subcon- tractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten days of the calendar month following that in which the claim originated. (m) To give the Subcontractor an opportunity to be present and to submit evidence in any arbitration involving his rights. THIRD EDITION, I918 — PAGE 8 150 (n) lo 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 respon- sibilities 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 — (o) 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 Contractor agrees to push the work vigorously during arbitration proceedings. 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 ques- tions 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. No one shall be nominated or act as an arbitrator who is in any way financially interested in this contract or in the business affairs of either the Owner, Contractor or Architect. The general procedure shall conform to the laws of the State in which the work is to be erected. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise there shall be three, one named, in writing, by each party to this contract, to the other party and to the Architect, and the third chosen by these two arbitrators, or if they fail to select a third within ten days, then he shall be chosen by the presiding officer of the Bar Association nearest to the location of the work. Should the party demanding arbitration fail to name an arbitrator within ten days of his demand, his right to arbitration shall laspe. Should the other party fail to choose an arbitrator within said ten days, then such presiding officer 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 proceed ex parte. The arbitrators shall act with promptness 1 If there be one arbitrator his decision shall be binding; if three the decision of any two shalr be binding. Such decision shall be a condition precedent to any right of legal action, and whe ever permitted by law it may be filed in Court to carry it into effect. 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 agree- ment, 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, it shall not be open to objection on account of the form of the proceedings or the award, unless otherwise provided by the laws of the State in which the work is to be erected. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the said State laws, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adapted to the legal requirements of the place in which the work is to be erected. THIRD EDITION, I918 — PAGE 9 151 Appendix L Standard Form of Bond THE STANDARD FORM OF BOND FOR USE IN CONNECTION WITH THE THIRD EDITION OF THE STANDARD FORM OF AGREEMENT AND GENERAL CONDITIONS OF THE CONTRACT. This form has been approved by the National Association of Builders' Ex- changes, the National Association of Master Plumbers, the National Associa- tion of Sheet Metal Contractors of the United States, the National Electrical Contractors' Association of the United States, the National Association of Marble Dealers, and the Heating and Piping Contractors' National Association. COPYRIGHT I915, BY THE AMERICAN INSTITUTE OF ARCHITECTS, THE OCTAGON, WASHINGTON, D. C. KNO WALL MEN: Tha. we.... (Here insert the name and address or legal title of the Contractor.) hereinafter called the Principal, and (Here insert the name and address or legal title of one 01 more sureties.) .and .and hereinafter called the Surety or Sureties, are held and firmly bound unto (Here Insert the name and address or legal title of the Owner.) hereinafter called the Owner, in the sum of -,.-. (^ V ) for the payment whereof the Principal and the Surety or Suretiesbind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Whereas, the Principal has, by means of a written Agreement, dated entered into a contract with the Owner for a copy of which Agreement is by reference made a part hereof; 0-18-19—5000 152 Now, Therefore, the Condition of tliis Obligation is such that if tlie Principal shall faithfully perform the Contract on his part, and satisfy all claims and demands, incurred for the same, and shall fully indemnify and save harmless the Owner from all cost and damage whicli he may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner all outhiy and expense which the Owner may incur in making good any such default, and shall pay all persons who have contracts directly with the Principal for labor or materials, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Provided, however, that no suit, action or proceeding by reason of any default whatever shall be brought on this Bond after months from the day on which the final payment under the Contract falls due. And Provided, that any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns from their liability here- under, notice to the Surety or Sureties of any such alteration, extension or for- bearance being hereby waived. Signed and Sealed this. In Presence of .day of.. .19. as to -. as to as to as to .(seal) .(seal) .(seal) .(seal) 153 Appendix M Standard Form of Agreement Between Contractor and Subcontractor THE STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR FOR USE IN CONNECTION WITH THE THIRD EDITION OF THE STANDARD FORM OF AGREEMENT AND GENERAL CONDITIONS OF THE CONTRACT. This form has been approved by the National Association of Builders' Exchanges, the National Association of Master Plumbers, the National Association of Sheet Metal Contractors of the United States, the National Electrical Contractors' Association of the United States, the National Association of Marble Dealers, and the Heating and Piping Contractors National Association. COPYRIGHT I913 BY THE AMERICAN INSTITUTE OF ARCHITECTS, THE OCTAGON, WASHINGTON, D. C. THIS AGREEMENT, made this . day of 19 by and between hereinafter called the Subcontractor and hereinafter called the Contractor. WITNESSETH, That the Subcontractor and Contractor for the considerations hereinafter named agree as follows: Section 1 . The Subcontractor agrees to furnish all material and perform all work as described in Section 2 hereof for (Here name the kind of building.) for (Here insert the name of the Owner.) hereinafter called the Owner, at (Here insert the location of the work.) in accordance with the General Conditions of the Contract between the Owner and the Contractor, and in accordance with the Drawings and the Specifications prepared by hereinafter called the Architect, all of which General Conditions, Drawings and Specifications signed by the parties thereto or identified by the Architect, form a part of a Contract between the Contractor and the Owner dated , 19 and hereby become a part of this Contract. Section 2. The Subcontractor and the Contractor agree that the materials to be furnished and work to be done by the Subcontractor are (Here insert a precise description of the work, preferably by reference to the Dumbers of the Drawings and the pages of the Specificationa.) 6-26- 20-10000 IS4 Section 3. The Subcontractor agrees to complete the several portions and the whole of the work herein sublet by the time or times following: (Here insert the date or dates and if there be liquidated damages state them.) Section 4. The Contractor agrees to pay the Subcontractor for the performance of his work the sum of in current funds, subject to additions and deductions for changes as may be agreed upon, and to make payments on account thereof in accordance with Section 5 hereof. "13 Section 5. The Contractor and Subcontractor agree to be bound by the terms of the General Conditions, Drawings and Specifications as far as applicable to this subcontract, and also by the following provisions: The Subcontractor agrees: (a) To be bound to the Contractor by the terms of the General Conditions, Drawings and Specifications, and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the Owner. {b) To submit to the Contractor applications for pay- ment in such reasonable time as to enable the Contractor to apply for payment under his contract. (c) To make all claims for extras, for extensions of time and for damages for delays or otherwise, to the Contractor in the manner provided in the General Conditions for like claims by the Contractor upon the Owner, except that the time for making claims for extra cost is one week. The Contractor agrees. (i) To be bound to the Subcontractor by all the obliga- tions that the Owner assumes to the Contractor under the General Conditions, Drawings and Specifications, and by all the provisions thereof affording remedies and redress to the Contractor from the Owner. (t) To pay the Subcontractor, upon the issuance of cer- tificates, if issued under a schedule of values, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Subcontractor's interest therein. (/) To pay the Subcontractor, upon the issuance of cer- tificates, if issued otherwise than as in (<), to that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the Contractor is to the value of the work done by him. (g) To pay the Subcontractor to such extent as may be provided by the Contract Documents or the Subcontract, if either of these provides for earlier or larger payments than the above. {h) To pay the Subcontractor on demand for his work or materials as far as executed and fixed in place, less the retained percentage, at the time the certificate should issue, even though the Architect fails to issue it for any cause not the fault of the Subcontractor. (J) To pay the Subcontractor a just share of any fire insurance money received by him, the Contractor, under the General Conditions. (k) To make no demand for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in the Subcontract. (/) That no claim for services rendered or materials fur- nished by the Contractor to the Subcontractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten days of the calendar month following that in which the claim origi- nated. (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 the General Conditions, the person nominated by the Subcontractor if the sole cause of dispute is the work, materials, rights or responsi- bilities of the Subcontractor; or, if of the Subcontractor and any other Subcontractor jointly, to name as such arbi- trator the person upon whom they agree. The Contractor and the Subcontractor agree that: (o) In the matter of arbitration, their rights and obli- gations and all procedure shall be analogous to those set forth in the General Conditions. Nothing herein shall create any obligation on the part of the Owner to pay or to see to the payment of any sums to any Subcontractor. Section 6. 156 z Ui Hi C2 H z ui S U) UJ 'J < c 3 O o to 00 Finally. — The Subcontractor and Contractor, for themselves, their heirs, successors, execu- tors, administrators and assigns, do hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF they have hereunto set their hands the day and date first above written. In Presence of Subcontractor. Contractor IS7 Appendix N Standard Form of Acceptance of Subcontractors Proposal STANDARD FORM OF ACCEPTANCE OF SUBCONTRACTOR'S PROPOSAL FOR USE INCONNECTION WITH THE THIRD EDITION OF THE STANDARD FORM OP AGREEMENT AND GENERAL CONDITIONS OF THE CONTRACT. This form has been approved by the National Association of Builders' Exchanges, the National Association of Master i^lunibers. the National Association of Sheet Metal Contractors of the United States, the National Electrical Contractors' Association of the United States, and the National Association of Marble Dealers. COPYRIGHT 1915 BY THE AMERICAN INSTITUTE OF ARCHITECTS. THE OCTAGON. WASHINGTON, D. C Dear Sir: Having entered into a contract with (Here insert the name and address or corporate title of the Owner.) for the erection of (Here insert the kind of work and the place at which it is to be erected.) in accordance with plans and specifications prepared by (Here insert the name and address of the Architect.) and in accordance with the General Conditions of the Contract prefixed to the specifications, the undersigned hereby accepts your proposal of (Here insert date.) to provide all the materials and do all the work of (Here insert the kind of work to be done, as plumbing, roofing, etc , accurately describing by number, page. etc.. the drawings and specifications governing such work.) The undersigned agrees to pay you in current funds for the faithful performance of the subcontract estab- lished by this acceptance of your proposal the sum of (55 ) Our relations in respect to this subcontract are to be governed by the plans and specifications named above by the General Conditions of the Contract as far as applicable to the work thus sublet and especially by Article 44 of those conditions printed on the reverse hereof. Very truly yours, 158 Article 44 of the General Conditions of the Contract. Relations of Contractor and Subcontractor. — l he Contractor agrees to hind every Sidicontractor and every Suhconti actor agrees to be hound, hy the terms of the Cjeneral Conditions, Drawings and Specifications, as far as applicable to his work, including the following provisions of this Article, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner or Architect. This does not apply to minor subcontracts. 'I'liu Siil)i()ntr;at()r agrees: (a) To he l)oiuul to tliu Coiitr.ictor l)y the terms of the (leneral Conditions, DrawinKS and Specifications, and to assnme toward him all the ohli(;ations and responsibilities that he, by those docu- ments, assumes toward the Osvner. {b) To submit to the Contractor applications for payment in .such reasonable time as to enable the Contractor to apply for payment under Article 26 of the General Conditions. (c) To make all claims for extras, for extensions of time and for damages for delays or otherwise, to the Contractor in the manner provided in the Cieneral Conditions for like claims by the Con- tractor upon the Owner, except that the time for making claims for extra cost as under .Article 25 of the General Conditions, is one week. The Contractor agrees: {d) To be bound to the Subcontractor by all the obligations that the Owner assumes to the Contractor under the (leneral Con- ditions, Drawings and Specifications, and by all the provisions thereof affording remedies and redress to the Contractor from the Owner. (e) To pay the Subcontractor, upon the issuance of certificates, if issued under the schedule of values described in Article 26 of the Cieneral Conditions, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Sub- contractor's interest therein. (/) To pay the Subcontractor, upon the issuance of certificates, if issued otherwise as in (c), so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total ainount certified to the Contractor is to the value of the work done by him. (g) To pay the Subcontractor to such extent as may be pro- vided by the Contract Documents or the subcontract if either of these provides for earlier or larger payments than the above. (A) To pay the Subcontractor on demand for his work or ma- terials as far as executed and fixed in place, less the retained per- centage, at the time the certificate should issue, even though the Architect fails to issue it for any cause not the fault of the Sub- contractor. (;') To pay the Subcontractor a just share of any lire insurance money received by him, the Contractor, under Article 21 of the General Conditions. (k) To make no demand for li2 yards; Cars, Skip, 3 yards; Cars, Steel, I yard and smaller; Cars, 4 yards, Wooden; Cars, 6 yards, Wooden; Cars, 12 yards, W'ooden; Cars, i Hopper, Radial Gate; Crushers, 169 only; Crushers, with elevator and screen; Conveyor, gravity, per lOO feet; Compressor, loXlo with steam engine; Com- pressor, 8X8 Belt Driven; Compressor, with Gasoline Engine on Wheels; Compressor, Westinghouse, 9>i"; Cableways, without engine; Drill Auto Traction; Dump Wagons; Diving Outfit with pumps; Derricks, 60 feet to 85 feet; Derricks, •iO feet to 59 feet; Derricks less than 30 feet; Derricks, Breast; Derricks, Circle Swing: Elevators, Platform or Bucket; Ele- vators with bins for concrete; Engines, Skeleton, 3 drum; Engines, Skeleton, 2 drum; Engines, Skeleton, I drum; Engines, Steam, Horizontal, 11 to 40 h. p.; Engines, Steam, Upright, to 10 h. p.; Engines, Gasoline, to 8 h. p.; Engines, 2 drum with Electric Motor; Engines, Gasoline, 10 h. p. ; Engines, Derrick, Swinging; Hammers, Rivetting; Hod Elevating Machine; Leveling Instruments, Engineers'; Locomotive, 36 inch Gauge; Locomotive, Standard Gauge; Mixers with Boiler Sideloader; Mixers, with Electric Motors, I yard; Mixers without Boiler, less than I yard; Mixers without Boiler, i yard and larger; Mixers with Gasoline Engine; Motor- cycles; Motors, 2 h. p.; Motors, 5 h. p.; Motors, 10 h. p.; Motors, 25 h. p.; Motors, 50 h. p.; Pumps, Centrifugal, 10 inch Belt Driven; Pumps, Centrifugal, 10 inch with motor attached; Pumps, Centrifugal, 8 inch Steam Connected; Pumps, Cen- trifugal, 6 inch Steam Connected; Pumps, Centrifugal, 4 inch Steam Connected; Pumps, Duplex and Triplex to 3 inch; Pumps, Pulsometer to 4 inch; Pumps, Diaphragm; Purnps, Diaphragm, with Gas Engine; Pumps, Triplex with Belt Drive; Pile Drivers, Drop; Pile Drivers, Drop with single Drum Engine and Boiler; Pile Hammers, Steam, up to 2,500 lbs.; Pile Hammers, Steam, larger than 2,500 lbs.; Rail, per ton; Roller, Horse; Steam Drills, Small Air Drills; Steam Roller; Steam Shovel; Sprinkling Cart; Saw Benches; Saw Benches with Motor or Gasoline Engine; Scale Boxes; Scraper, Wheel; Transits; Typewriter. Article 8. Discounts, Rebates, Refunds. Where the Contractor is required to obtain dis- counts, it is sometimes provided that the Owner will keep on deposit with the Contractor a stated sum for that purpose. Article 9. Separate Contracts. A professional adviser should not be party to a contract with a Contractor for work which he supervises. For this reason in a cost-plus-fee contract, when the Contractor is substantially the Owner's construction manager, the various minor contracts should be direct with the Owner rather than as customarily with the Contractor. The Contractor's general responsibility and directing authority will be clear, and as payments are dependent on his initial action, as provided in Article 13, there will be in effect the same finan- cial control as if the actual payments were to be made by him. In the selection of separate contracts the Owner, Architect and Contractor act jointly, the Owner getting the value of the advice of both his advisers. One of the excellent features of the cost-plus- fee method is that it ensures the selection of capable .subcontractors, the Owner's, Contractor's and Architect's interest in the matter all tending to this result. The method, when properly used, assists in raising the standard of the building business, because it actively discourages the unfair treatment to which subcontractors are so notoriously exposed under the method of compet- itive bidding. Article 12. Accounting, Inspection, Audit. On work of slight importance and small cost, no check is usually kept at the building upon time and materials, the Contractor's vouchers being accepted by the Architect. On larger work, where the clerk of the works is not too much occupied by his proper duties, he may be expected to keep a certain check on materials and labor. If, however, the Owner's interests are properly to be guarded, especially if the work is of con- siderable size, the Owner should employ a com- petent auditor versed in building matters. He need not be personally present at the work at all times, but he should have such assistance as is necessary to keep an accurate check upon all time and material to be paid for under the cost- plus-fee system. Article 13. "Applications for Payment." vSince most items of cost are paid direct under this form of agreement many of the troublesome elements connected with payments are eliminated, such as insuring proper distribution by the Con- tractor of moneys paid him on account of materials and subcontracts. Practice varies considerably as to payments on account of the Contractor's fee. Sometimes no payment is made until the work is finished, when it is paid in one sum. Usually, however, pay- ments on account are made varj-ing from 50 to 100 per cent of the proportion of the Contractor's fee earned to the date of payment. Article 16. Termination of Contract. The General Conditions of the Contract, in use when a stipulated sum forms the basis of the Contractor's payment, rightly provide for a termination of the contract at the Owner's initiative only in extreme circumstances. The procedure following such termination is necessarily different under the cost-plus-fee system from that under the stipulated sum system and for such differences Article 16 makes provision. On a cost-plus-fee basis, termination may be more readily effected and it is sometimes agreed, as in all the U. S. Government contracts on this basis, that the Owner may terminate the contracts at will and without fault on the part of the Con- tractor. In such a case, provision should be made for equitably compensating the Contractor for the expense of organizing and stopping the work and for the disorganization to his business resulting from the cancellation of the contract. Article 17. Time of Completion of the Work. When the time required to complete thework may be foreseen with reasonable accuracy, a date of completion may be agreed upon with liquidated damages for failure to complete tl-.e work at that date. In that case, a provision 170 such as tiic following should be inckKicd in the quunlilies hi the euiiipleted slruelurc. The sums Agreement: so obtained shall be added to or subtracted from ',; ,, III the Contractor's Ivstimated Cost accordinely as I he Contractor .f-recs that the work set ^^^ ^^.^^^j y^ntities arc respectively greater or forthu, the DrawmgsandSpec.hcat.onsenu- ,^^^ ^,^^„ ^'^^^ corresponding approximate quan- merated m Article i hereof shall he suhstan- ^■^. ^,,„^ ,.,^i , ,J ^,,„^^,';,^ [^^ ,^^ ^^^^^;| ^,^^ t.ally completed upon the day of j^^^j^^.^j Contractor's Ivstimated Cost. : ■• v '? -•• ' S"'^Je«, hovy- u'^•^^^ contractor shall he paid the Actual Cost ever, to extensions ol time as providec in ,.f ,1., ,..^,1,^1... d .-* i- ir .i * . 1 a< * ._•', f .1 /' I /' •• 1 ol the work plus a Prolit I'ce. If the Actual Cost Article 24 ot the t>eneral Conditions, and ,,f ,,,, wr^.^u :,. , ,... i ♦ n u ■ 1 /" . . > 1 ^, ^ r 1 I r L "' t'"- vVork is equal to the Revised Contractors the Contractor further agrees that from the ^^^^^^^^^ ^ost, Ihe Contractor shall be paid the compensation, otherwise to be paid, the Contractor's Profit Fee in full. If the Actual Owner may retain the sum of Cost of the Work is less than the Revised Con- do Mars (f> ) tor each day therealter, ♦.o^t^.,-. 1: *: , ♦ i r^ t .1 /-• * ^ u n u c 1 11 rr III /u ^ ^u I tractors Ustimated Cost the Contractor shall be Sundays and nolidays included, that the work ,,^;,, ,,,, r-,„t^ „+ v r> r* i- 1 • ii-4- • -' 1 I L- L • 1 paid the Contractors Profit ree, and in addition remains uncompleted, which sum is agreed ;i,„„(,^ , „, u„if „c .i,„ „ , 1 ■ 1 4t a . 1 , ' ' f I- • 1 1 tliereto, one-halt 01 the amount which the Actual upon as the proper measure of liquidated /-v>.f „f n.r wr^^:. ;,. 1, . .i .1 tj> • 1 /•• ,' I • L I r\ Ml • Cost ot the Work is less than the Revised Con- damages which the Uvvner wi sustain per t,-„^f.^,v i.Vf :. , *^,i n. ^ ic »i a . 1 r^ .. r J. ^ I r 1 c \. (- tractors Ivstimated Cost. If the Actual Cost of diem by the failure of the Contractor to ^j^^ ^.„^^ ^^ ^^^^ ^j^^,^ ^j^^ j^^^.^^^j Contractor's complete the work at the time stipulated and Estimated Cost, the Contractor will be paid the this sum IS not to be construed as in any Contractor's Profit Fee less one-half of the amount sense a penalty. ^^,j^j^,j^ ^j^^ Actual Cost of the Work is in excess It is important, alike under the cost-plus-fee f V'*^ Revised Contractor's Fstimated Cost; system and under the stipulated sum system, '^"^ m no event shall the Contractor be paid less that the amount named as liquidated damages than the Actual Cost of the Work, plus one-third should be reasonably in accord with the facts, "^ ^ ^^ '^.°"^T^°J^^,''°''!- I'^e for if greatly in excess, the courts may hold, as Next is cicfined ihe Actual Cost of the W ork they already have held in certain cases," that such '""'"^^^ ^^ .'" Article 5 of the Agreement which damages are in reality a penalty and therefore accompanies this Circular. The "Profit Fee" ^.QJj ' is then defined as follows: "The Profit F'ee paid to the Contractor shall be • ,.,,0 r' i.'i- r»'ij' ^ J. deemed to cover and include the Contractor's Article 18. Competitive B.ddmg on a Cost= p^^^^, the use of his organization, his skill, and us ee asis. energy, his overhead expenses, administrative In Article 16 of this Circular there has been expenses, services of Contractor's executives, explained a method that makes it possible to base expenses of Contractor's executives giving occa- a cost-plus-fee contract on competitive bids, sional attention to the work, services of the Another and more ingenious method of reaching general superintendent devoting all his time to that result and at the same time of enabhng the the work, all Contractor's legal expenses, interest Contractor by efficiency in the conduct of the on moneys used, taxes, all expenses of any office work to increase his own profit while reducing the or offices of the Contractor other than the lield expense to the Owner is now in use. It may be office on the work, and all other expenses deemed explained by a clause from an actual contract by the Engineers not a part of the Actual Cost of covering the construction of an important via- Work as herein defined." duct. It is to be obser\-ed that the Contractor has to "Each bidder shall state his estimated 'cost of pay out of his "Profit Fee" much more than is the work,' which shall be termed Contractor's required in Article 6 of the Agreement which Estimated Cost, and shall also state a fee which accompanies this Circular. shall be termed Contractor's Profit Fee, which In explanation of the operation of the particular shall be separate from and not a part of the Con- contract above cited the following statement has tractor's Estimated Cost. The Contractor's been made : Profit Fee must not exceed ten per cent of the "The Contractor, by attention to the work Contractor's Estimated Cost. and efficiency in administration may increase "The Contractor's Estimated Cost shall be his profit while at the same time he reduces the ex- assumed to be based upon the approximate pense to the Owner. On the other hand, although quantities hereinafter stated. Inasmuch as the he is in a position where he probably will have small actual quantities in the finished structure may financial loss, he may suffer the loss of his time vary from those approximate quantities, each and attention to the work. The percentage fee bidder must also quote unit prices for each of the to be named is limited to lo^c , and the minimum various construction items as given in the form fee above the Actual Cost to one-third of that of proposal and bid herewith. These unit prices amount, or not to exceed t,1% of the cost of the shall be applied to the differences between the work. It is estimated that this 33% will not approximate quantities given and the actual more than cover the items specified as part of the 171 Profit Fee. It is essential in such a contract to draw a very distinct line between what is to be the Actual Cost of the Work and what is to be covered by the Profit Fee and to exclude from the Actual Cost of the Work all indefinite charges or amounts which can not readily be checked by ordinary auditing." Other methods have been used by which com- petitive bidding may be obtained on the cost- plus-fee basis, as for instance the method employed by the U. S. Housing Corporation, in which the various bidders not only competed in the amount of their fee, but also were called upon to name their estimated total cost, their organization and the personnel available to handle the work in the field, the amount for which they would furnish the plant required for the work, and the estimated time needed for the work. A definite scale of values for the various items determined which was the low bid on theroject as a whole. Note on Guarantee of Cost: The funda- mentals of a cost-plus-fee contract make illogical any guarantee of cost. If an Owner has a limited amount to spend which can not be exceeded he should adopt the lump-sum type of contract. A cost-plus-fee contract with a guaranteed limit is an attempt to secure for the Owner the benefit that may accrue through the chance of a saving in cost and to put upon the Contractor the burden if the cost runs over. Such a contract has all the complications of a cost-plus-fee contract, with the attitude of mind of the Contractor as in a lump- sum contract. It involves, therefore, the unde- sirable elements of both forms with the advan- tages of neither. COMMENTS AND CRITICISMS from. 6 172 Appendix Q Constitution and By-Laws A. I . A. Document, No. 140 .Idopted al the Convention oj the American Institute of Architects, held at Washington, D. C, Novem- ber i-j, i8g8. Revised and Amended, October 5, icjoi; December / j, igo2; January 12, ic^04; January 10, igo6; January S, /907; November IQ, igoy; December 15, ujo8; December 15, igog; January 17, igii; December 2, igij; December j, igi4; December 3, igi^; December 7, igi6; April 24, igiS; April jo, igig; May 7, jg20. The Octagon House, Washington, D. C. Notick: — The following Constitution and By-Laws of the American Institute of Architects are uS amended, and adopted at the jjd Annual Convention, Washington, D. C, May 5-7, jg20. Notice is hereby given that all previous editions are superseded by this issue. William Stanley Parker, Secretary. Constitution ARTICLE I NAME The corporate name of this Organization shall be, "The American Institute of Architects." ARTICLE II objects The objects of this Institute shall be: To organize and unite in fellowship the Architects of the United States of America, to combine their efforts so as to promote the aesthetic, scientific, and practical efficiency of the pro- fession, and to make the profession of ever- increasing service to society. ARTICLE III THE INSTITUTE BODY Section i. There shall exist tvs'o classes within the Institute: An active class to be known as Members, and an Honorary class. Sec. 2. The conditions of membership in either of these classes shall be honorable service in its respective field as defined in the B}-- Laws. Sec. 3. Among the members there shall be a body of Fellows. The title "Fellow" shall be granted for professional distinction only. Sec. 4. In the honorary class there shall exist Honorary Members and Honorary Corre- sponding Members, as defined in the By-Laws. ARTICLE IV officers The officers of the Institute shall be a Presi- dent, a First and a Second Vice-President, a Secretary, and a Treasurer. There shall be a Board of Directors, con- sisting of the five above-named officers, ex officio, and such additional Members as shall be prescribed by the By-Laws. ARTICLE V organization Section i. This Institute is an association, organized locally into Chapters which may be incorporated under the laws of the States in which they are established, and which shall be governed as provided in the By-Laws of the Institute. Sec. 2. Every Member elected to the Insti- tute shall by that fact become a Member of a Chapter, as provided for in the Bjr-Laws of the Institute. No Member shall belong to more than one Chapter. ARTICLE VI standards of practice The Institute shall from time to time adopt a Code or Codes, which shall be standards of professional practice, and it may from time to time recommend a Schedule of Professional Charges, complying with good practice and custom, but such a Schedule shall not be made mandatory. ARTICLE VII government Section i. The Government of the Institute shall be by Delegates from the Chapters in convention assembled, its Officers and Board of Directors. (3) 173 BY-LAWS Sec. 2. The Board of Directors may, by a formal vote, delegate its powers in whole or in part to an Executive Committee chosen from its membership, stating the powers granted and a limit of time for their exercise. Sec. 3. All questions of discipline of a mem- ber shall be submitted to the Board of Direc- tors, which shall decide finally and without recourse any questions of action conflicting with the Constitution or By-Laws of the Institute or of the member's Chapter, non- payment of dues to Institute or Chapter, or questions of unprofessional conduct; and acting under this section the Board may sus- pend a member, pass a vote of censure upon him, drop his name from the roll of members, or expel him; but no such action shall be taken until the accused shall have had an opportunity to be heard in his own defense. ARTICLE VIII MEETINGS The Institute shall hold an Annual Con- vention and such other meetings as are pro- vided for in the By-Laws. ARTICLE IX DEFINITION The term "State" throughout this Constitu- tion and the By-Laws shall apply also to the District of Columbia and territories and pos- sessions of the United States. ARTICLE X AMENDMENTS This Constitution may be added to, altered, or amended, on the written proposition of ten or more members, by a two-thirds vote of the delegates voting at any Convention, provided two months' previous notice of the proposed change shall have been sent by the Secretary to each member of the Institute and to the Secretaries of the several Chapters, and the Secretary of the Institute shall send such notice of any proposed amendment as hereinbefore stated, provided he receives a copy of the pro- posed amendment, duly endorsed, at least seventy days before the Convention at which the amendment is to be voted upon. By-Laws ARTICLE I MEMBERS Section i. General Conditions of Membership. Any resident of the United States, who is a practising architect, or an architect engaged in professional education, or an architectural draughtsman, is eligible to membership if able to submit the required proofs of his or her professional capacity and honorable personal and professional standing. Section 2. application for Membership. Every person desiring to be admitted as a Member shall be required to pass, or shall have passed such examination or examinations as may be directed from time to time by the Board of Directors. An applicant holding a degree in architecture in an institution recognized by the Board of Directors shall qualify in such other manner as shall from time to time be required by the Board. A fee of five dollars shall accompany each application for membership, and upon the election of the applicant this amount shall be credited on account of the initiation fee. In the event of the applicant failing to be elected the Institute shall retain the fee. Each applicant may state in his application his choice of Chapter membership, as between that determined by the territory within which he has his business headquarters and that in which he resides, and upon election he shall be assigned to the Chapter of his choice; but if this choice be not stated in his application, he shall be assigned to the Chapter within whose territory he has his business headquarters. Section 3. Mode of Election for Members. When an application for membership, duly made out, shall have been received by the Secretary of the Institute, he shall announce the fact to all members of the Institute, and to the Secretary of the Chapter to which the member will be assigned, and shall request from them, within thirty days, privileged com- munications upon the desirability of the appli- cant. Every such communication shall be signed and objections shall be accompanied by the reasons therefor. The Board of Directors shall canvass these letters and decide as to the desirability of the proposed member. If this judgment is adverse to the applicant, the appli- cant shall be notified of the fact and his appli- cation shall be no further considered. The qualifications of each applicant who has not 174 BY-LAWS been thus rejected shall then be considered liy the Board of Directors directly or through a Board of Examiners. Within a reasonable time of the establishment of the required qualifications, the Board of Directors shall ballot upon these names for election, and two negative ballots shall reject. Otherwise the applicant shall i)e declared elected, and the Secretary of the Institute shall promptly notify him, and the Secretary of the Chapter to which he is assigned, of said election. A rejected applicant can not again apply within a year of the date of liis rejection. Section 4. Privileges of Members. Members shall be eligible to serve as Officers, Directors, Chapter delegates, and to perform any committee service. Sfxtion 5. Nomendalure. Membership in the Institute shall be desig- nated by the initials "A. I. A.," which shall be an abbreviation for "Member of the American Institute of Architects." ARTICLE II FELLOWS Section i. General Conditions of Fellozvship. Fellowship in the American Institute of Architects is conferred upon a Member who is a citizen of the United States, who, in the opinion of an authorized jury of Fellows, shall have notably contributed to the advancement of the profession in design, construction, litera- ture, or education. The above jury shall be composed of such officers of the Institute and members of the Board of Directors, as shall be Fellows. The name of each candidate selected by this jury, after having been submitted to the Chapter of which he is a member, shall be sub- mitted to the convention following the nomina- tion, for election, as provided in section 2 of this Article. Individual Chapters may make recommendations for nominations. Section 2. Mode of Election. Fellows shall be elected at the Annual Con- vention by Australian ballot from a printed list submitted by the above jury. The polls shall be open for receiving ballots under such rules as the Board of Directors may prescribe. The names of all candidates for election who do not receive five or more negative votes, shall be read to the Convention and declared to be duly elected as Fellows of the American Institute of Architects. Rejected candidates are not eligible for election at the next Annual Convention. SiXTiON 3. Nomenclature. leliowship in the Institute shall be desig- nated by the initials "F. A. I. A." ARTICLE III the honorary class Section i. There shall be within the Institute an Honor- ary Class, composed of persons not eligible to rnembership, who have rendered the profession signal and valuable service, and who have con- spicuously upheld its aims. This class shall consist of two groups of equal standing and dignity, known respectively as Honorary Corresponding Members and Honorary Mem- bers. Section 2. Honorary Corresponding Members. Any architect not residing or practicing within the jurisdiction of the American Insti- tute of Architects may be made an Honorary Corresponding Member of the American Insti- tute of Architects, that is, of a class correspond- ing to the membership of the Institute. Section 3. Honorary Members. Any person not by profession an architect, who shall have qualified in accordance with the provisions set down in section i of this Article, may be made an Honorary Member of the American Institute of Architects. Section 4. Election. Honorary Corresponding Members and Hon- orary Members, as provided for in this Article, shall be nominated by vote of the Board of Directors and elected by a four-fifths ballot of the delegates in Annual Convention assem- bled. Section 5. Privileges. Honorary Corresponding Members and Hon- oran," Members shall not hold office in the Institute nor serve on the Board of Directors. They shall be exempt from dues. ARTICLE IV SPECIAL RULES Section i. Retiring Members. All Members who shall have been actively engaged in the honorable practice of their pro- fession for ten years or more, and shall then 175 BY-LAWS have retired from active practice, and who shall not have engaged in any other profession, business or trade, may retain the rights and obHgations of membership, hut if any such shall thereafter engage in any other profession, business, or trade, such membership shall then, ipso facto, cease and determine. Any person who has been a Member of the American Institute of Architects, in good standing for ten years, upon attaining the age of seventy, shall, on his application, be exempt- ed from the payment of dues, and shall retain all the privileges of the Institute; and the Board of Directors may, upon similar application, extend the same privilege to Members who have been in good standing for ten years, and who have been compelled to retire from the active practice of architecture by reason of physical disability, provided they do not engage in any other profession, business, or trade; but no such privilege, granted by the Board of Direc- tors of the Institute, shall affect any obliga- tion of a Member to his Chapter. Section 2. Discipline. All questions of discipline of a member shall be determined in accordance with the follow- ing procedure: It shall be competent for and shall be the duty of any Member or committee of the Institute or of any Chapter to bring to the attention of the Committee on Practice any alleged unprofessional conduct on the part of any Member without being deemed to have entered a formal complaint against such Mem- ber. The Committee on Practice shall, when its attention is drawn to any such matter, con- duct a preliminary examination into the facts, and if a prima facie case shall appear against a Member, it shall so report to the Judiciary Committee. The Judiciary Committee shall hear and adjudge every case so reported to it and shall give the Member an opportunity to be heard in his own defense. Its findings shall be conclusive in regard to all questions of fact involved in the evidence submitted. The Judiciary Committee shall report its findings to the Board of Directors. If the findings are adverse to a Member, the Board of Directors shall take such action thereon as it shall see fit according to the Constitution. A Member may appeal in writing to the Board of Directors on questions of professional or ethical policy. Any Member may appeal to the Committee on Practice from any action of a Chapter Executive Committee regarding alleged unpro- fessional conduct. In such case the procedure shall be as provided above in this section, but no decision of the Committee on Practice or the Judiciary Committee reversing the pre- vious action of the Chapter Executive Com- mittee shall be effective unless ratified by the Board of Directors. The action of the Board of Directors shall supersede the action of the Chapter Executive Committee. If in any case pending before either the Com- mittee on Practice or the Judiciary Committee, any oral testimony has actually been given, such committee shall have the power to con- tinue and conclude its work on that particular case, notwithstanding the expiration of the term of office of any or all of its Members. The Board of Directors shall, from time to time, establish rules of procedure for the guidance of the Committee on Practice and the Judiciary Committee. Section 3. Resignations. The resignation of a Member may not be considered while charges involving discipline by the Institute or the Chapter are standing against him. The resignation of a Member shall be made in writing, to the Board of Directors of the Institute, and addressed to the Secretary of the Member's Chapter, who shall then promptly submit it to the Executive Committee of the Chapter for consideration. After considera- tion by the Executive Committee of the Chap- ter, unless it be withdrawn, the resignation, together with a statement regarding the Mem- ber's financial obligations to the Chapter, and such further comment as the Executive Com- mittee may deem desirable, shall be promptly forwarded to the Secretary of the Institute for official action. A resignation shall not release the Member presenting it from any obligation to the Insti- tute, nor to the Chapter of which he is a mem- ber; but all interest in the property of the Institute or of the Chapter, of members resigning or otherwise ceasing to be members, shall he vested in the Institute and in the Chap- ter, respectively, as their interests appear. Section 4. Termination of Membership. Termination of membership in a Chapter can only be brought about by resignation or expulsion from the Institute, either of which shall automatically terminate membership in both Institute and Chapter. Upon expulsion, or upon the acceptance of the resignation of a Member by the Board of 176 BY-LAWS Directors of the Institute, the Secretary of the Institute shall promptly notify the Secretary of the Memher's Chapter. Section 5. Transfer of Chapter Membership. If any Member of this Institute shall perma- nently chanj^e his place of business or his resi- dence to a point outside the jurisdiction of the Chapter of which he is a Member, or if he shall desire a transfer from the Chapter of his resi- dence to the Chapter of his place of business, or vice versa, he shall obtain from the Secre- tary of the Chapter from which he is retiring, a letter stating he is under no financial (jbliga- tions to that Chapter, and is in good standing. 'Ihe Member shall forward this letter to the Secretary of the Institute with a request for transfer of assignment and the Secretary shall thereupon record such re-assignment and send notice of it to the Secretaries of the Chapters from which the Member is retiring and to which he is newly assigned. Where five or more Members of the Institute unite to form a Chapter as provided for in these By-Laws, they shall be automatically transferred to the new Chapter upon the issuance of its Charter by the Secretary of the Institute. Section 6. Reelection. If any person who has forfeited or been deprived of membership in the Institute desires to regain his membership therein, he shall make application to the Executive Com- mittee of the Chapter to which, if reelected, he would be assigned, stating in said application the reasons why he forfeited or was deprived of his membership, whether all indebtedness to the Institute and Chapter has been dis- charged, and on what grounds he bases his application for renewed membership. Upon the receipt of such an application, the Execu- tive Committee of the Chapter shall consider the facts, and may call the applicant before it for interrogation or examination. If the deci- sion of the committee is favorable to the appli- cant, the Secretary of the Chapter shall report the application for reelection to the Board of Directors of the Institute, endorsing said appli- cation and giving the reasons therefor. The Executive Committee of the Chapter may in such cases recommend that the Board waive the Institute initiation fee and may agree that upon the reelection of the applicant, the Chap- ter initiation fee will also be remitted. The Board of Directors shall consider only such applications for reelection as are endorsed by the Executive Committee of a Chapter, and in such cases may, in their discretion, reinstate a member, and may in such cases, if they see fit, waive the initiation fee. Such reinstatement by the Board will be equivalent to election, as elsewhere provided for new members. ARTICLE V INITIATION FEE AND ANNUAL DUES Section i. Initiation Fee. The initiation fee of all incoming Members, except Honorary and Honorary Corresponding Members, shall be Twenty Dollars (}52o). An election shall become void unless this fee, together with the first annual dues, the initia- tion fee, if any, of the Chapter to which the incoming Member is assigned, and its annual dues are paid within three months of notice of election. There shall be no initiation fee for the Mem- ber passing to the rank of Eellow. Section 2. Annual Dues. The annual dues of a Member or a Fellow shall be Twenty Dollars. Annual dues shall be payable within the month of January. The dues of a Member, if elected in July or later, shall be, for the balance of the year, fifty per cent of the annual dues Section 3. Remission of Dues. The Board of Directors may, in exceptional instances, and for what they deem adequate cause, remit the Institute initiation fee or dues of a Member in whole or in part. The gross amount of all dues so remitted shall be reported by the Treasurer at the succeeding annual con- vention. Section 4. Penalty for Non-Payment. The names of all Members who are in arrears for the annual dues to the Institute may, at the discretion of the Board, be read aloud at the annual convention, or posted in the Octagon, or both. Members in arrears for the annual dues for one year may be dropped from the Institute b}' the Board. Section 5. Reserve Fund. Fifteen per cent of the annual income from initiation fees and dues shall be set aside as a reserve fund. This fund may be disbursed for special purposes after an appropriation is authorized by a two-thirds vote at any annual convention, provided that such authorization is preceded by a recommendation from the Board of Directors or from any Chapter of the 177 8 BY-LAWS Institute, and provided that notice of such recommendation is sent to all members of the Institute at least thirty days prior to the Con- vention. The Treasurer shall transfer in May, 1920, ^20,000 from the reserve fund into the endowment fund; and thereafter the Directors may transfer to the endowment fund such por- tions of the reserve fund or other available mone\'s or securities as they deem wise. Section 6. Endozcment Fund. The Fifty-third Annual Convention by the adoption of this By-Law creates an endowment fund which is intended to be inviolate as to its principal so long as the American Institute of Architects shall endure. The Board of Directors shall add to the principal of the endowment fund all income from the fund itself not otherwise duly appro- priated. The endowment fund shall be invested by the Board in securities approved by law for trust funds. The income of the endowment fund shall be used only for the maintenance and miprove- ment of the property of the Institute, or for the increase of the principal of the fund. ARTICLE VI CHAPTERS Section i. Territory. All the territory of the United States and possessions is apportioned to the Chapters of the American Institute of Architects, and all Members of the Institute are, by that fact. Members of the Chapters within whose terri- tory they have their business headquarters or to which they are, at their request, assigned by the Board of Directors of the Institute. The actual territorial limits of each Chapter shall be determined by the Board of Directors of the Institute, from time to time, in its discre- tion. Section 2. Chapters and Their Objects. Chapters of the Institute shall be local groups of Institute Members, organized in substantial conformity with a Standard Chap- ter Constitution and the By-Laws of the Institute, and may be incorporated under the laws of the States wherein they are located. Their objects shall be harmonious with those of the Institute, and they shall have ample powers for independent action in local affairs in so far as is consistent with the Institute Constitution. Section 3. Mode of Formation. Five or more Members of the Institute may unite to form a Chapter. They shall apply to the Secretary of the Institute for a charter, enclosing a copy of their proposed Constitution and setting forth clearly the territorial limits desired by the Chapter. When the applica- tion has been approved by the Board of Direc- tors, the Secretar}' of the Institute shall issue a formal charter to the Chapter, after which it shall organize, and may incorporate. The Board of Directors shall control the issuance of charters, and may withdraw them for failure to maintain the Constitution in its true intent and spirit. Section 4. State Associations. In each State where two or more Chapters exist, a State Association may be organized by joint action of the several Chapters for the purpose of cooperation and to further the objects of the American Institute of Architects. For the purpose of organization, a meeting may be called by the Presidents of all the Chapters in the State acting jointly, at which meeting the President and Secretary of each Chapter shall be delegates, ex officio, and each Chapter shall be entitled to additional delegates, to the total number which the Chapter was privileged to send to the preceding Annual Convention of the Institute. In the absence of any action of the Chapter determining these additional delegates, the President of each Chapter may appoint them. The President of the senior Chapter of the State shall be chairman of this organization meeting, and the Secretary of that Chapter shall be its Secretary, until the formal organization of the Association. The Associa- tion shall always maintain a Constitution and By-Laws approved by the Directors of the Institute; it shall meet when occasion requires and determine its own procedure, reporting to the Chapters contributory to it and to the Secretary of the Institute. It shall, in each State, be officially known as the (name of the State) State Association of The American Institute of Architects. Section 5. Chapter Membership. The existing classes of Chapter Members, Honorary Chapter Members and Correspond- ing Chapter Members, who are not Institute Members, may, failing to become Institute Members of their respective classes, retain their present titles, status and other inalienable rights, but no further memberships of these classes shall be created. 178 BY-LAWS Excepting as above stated, niembersliip in Chapters shall he created by membership in the Institute and shall be inseparable there- from. The amount of Initiation Fee and Dues to each Chapter shall be established by the Chap- ter. There shall be no initiation fee recpiired where a Member of the Institute is transferred to one Chapter from another. Section 6. Affiliations. Chapters may, under the limitations of Con- stitution and By-Laws, affiliate with them- selves, persons who are elipibie, or show prom- ise of eligibility, to membership in the Insti- tute, and who shall be known as "Associates of the Chapters," but not as "Members." An Associate may use the title "Associate of the ( Namt of chapi,r. ) Chapter, A. I. A." Application for Associate Membership shall be made on standard forms, prescribed by the Institute, requiring evidence of the qualifications deemed necessary by the Board of Directors of the Institute, and incorporating a pledge by the applicant that he will abide by the Constitu- tions, By-Laws, Canons and Codes of the Institute and of the Chapter with which he seeks affiliation; that he will, within three years after being elected to Associateship, apply for membership in the Institute, and, failing to apply or having applied and failed of election, that he will, automatically, forfeit his Asso- ciateship and all rights vested therein. Application for Associateship with a Chapter shall be made in duplicate, sent to the Secre- tary of the Chapter, and referred by him to the Board of Directors or other duly authorized Committee of the Chapter, further election procedure being according to the By-Laws of the Chapter. Upon the election of a candidate to Associateship, the Secretary of the Chapter shall promptly forward the duplicate applica- tion of the candidate to the Secretary of the Institute, noting thereon the date of election. The amounts of Initiation Fees and Dues for Associates of the Chapters shall be fixed by the Chapters. Associates shall not hold office in the Chap- ters nor vote on Institute business. They may, however, participate in discussions of same, and where purely local affairs are concerned, not contravening Institute policies, they may serve on Committees, make motions, partici- pate in discussions and vote. The decision of the presiding officer at any meeting shall deter- mine what constitutes Institute business or contravenes Institute policies, but this decision may be overruled by a two-thirds vote of the Institute Members present. Associates having applied for Institute Mem- bership within three years after their election, and having failed of election to the Institute, may by majority vote of the Board of Directors, or other duly authorized committee of the Chapter with which they were affiliated, be reinstated as Associates for a further period of two years upon agreement that, after one year and before two years from the date of the first application for Membership, they will again make application for same, and failing to apply, or having applied and failed of election, they will automatically and finally forfeit their Associateship and all rights vested therein. Nothing iierein contained shall prevent any person who has so failed and forfeited his Associateship from making further applica- tions for membership in the Institute. Any Chapter may, within the Associate class, create an Honorary group, composed of persons not eligible to membership in the Insti- tute, but who have rendered the profession signal and valuable service within the Chapter territory, and who have conspicuously upheld its aims. They shall be known as Honorary Associates of the Chapter, shall not be required to apply for Institute membership and shall not hold office nor vote. They shall be exempt from dues. Chapters may also, for cooperation or to provide a recruiting ground, affiliate with themselves other groups or organizations of Architects, Draftsmen, Sculptors, Craftsmen, Students, etc., who shall, however, have no connection with the Institute, no voice in Chapter or Institute affairs, nor any right to the use of the name American Institute of Architects. Section 7. Organization of Chapters. Each Chapter shall have a President, one or more Vice-Presidents, a Secretary-Treasurer, or a Secretary and a Treasurer, with such other officers and committees as may be desirable. Each Chapter shall, thirty days prior to the Annual Convention of the Institute, render an annual report to the Secretary of the Institute upon the condition of the Chapter. This report shall include the number and names of all Members of the Institute, including the number and names of Fellows separatelv, and such other information as the Board of Direc- tors may require. Each Chapter shall hold an annual meeting, at which meeting the election of officers of the Chapter shall take place. "79 lO BY-LAWS Delegates to the Annual Convention of the Institute shall be elected at this or some other duly announced meeting. Section 8. Names of Chapters. Each Chapter may, with the consent of the Board of Directors of the Institute, adopt or retain any proper name or title as a prefix to "Chapter of the American Institute of Archi- tects." Section 9. Chapter By-Lazes. Each Chapter may enact By-Laws for its own government, but they shall be based on a "Standard Form of Chapter By-Laws" pre- scribed by the Institute, and shall be approved by the Board of Directors of the Institute before they are enacted. Any By-Laws or Amendments thereto, if enacted without the approval of the Board of Directors of the Insti- tute, may be pronounced by the Board as in conflict with the charter or with the Constitu- tion and By-Laws of the Institute and, ipso facto, void. ARTICLE VII DELEGATES Section i. Determination of Delegates. The President, the two Vice-Presidents, the Secretary, the Treasurer, and the Members of the Board of Directors of the Institute shall be, ex officio, delegates at all Conventions of the Institute. Past Presidents of the Institute shall have all the privileges of delegates at Conventions. Delegates must be members of the Institute, and each Chapter shall be entitled to send two delegates, plus one for every ten Institute Members of the Chapter. Thus, a Chapter containing nine Members may send two dele- gates; if containing ten Members, it may send three; if containing twenty Members, it may send four, etc. The delegates of each Chap- ter shall be duly accredited by the Secretary of their Chapter, and may at their own option, transfer their delegate powers to any other non-delegate Member of the same Chapter; but such transfer once made shall be final. The Convention shall decide all questions relative to the right of delegates to sit in Con- vention. Should any Chapter, the headquarters of which are more than 800 miles from the meet- ing place of any Convention, be represented thereat by less than its full quota of delegates, then each of its delegates so present shall at any division or election be entitled to cast, in addition to his own vote, the vote of any delegate or delegates of his own Chapter whose proxy or proxies he may hold, but not to exceed two of such proxies. Section 2. Privileges of Non-Delegates. All Institute Members are privileged to attend the Convention at all times, to take part in the debates, and to offer resolutions or motions, which, if seconded by a Delegate, shall be regarded as offered by a Delegate and given equal consideration, but, unless so seconded, shall not be entertained. Non- delegates may vote only on a proposition that is "the sense of the meeting." ARTICLE VIII meetings Section i. Annual Convention. A Convention of the Institute shall be held annually. The time and place of holding the Annual Convention, when not fixed by the preceding Convention, shall be determined by the Board of Directors. Section 2. Special Meetings. Special meetings of the Institute may be called at any time by the Board of Directors, and shall be called by the Secretary, whenever the . President or a Vice-President shall have been so requested in writing by not less than fifty Fellows, setting forth the purpose of such meetings. At any such special meeting, no business other than that specified in the call shall be considered except by a three-fourths vote of the Delegates present and voting. Twenty-five delegates shall constitute a quo- rum for the transaction of ordinary business. ARTICLE IX nominations Section i. By Members. Any fifteen members belonging to not less than two Chapters may nominate by petition candidates for any office about to become vacant, provided said nominations are filed with the Secretary of the Institute not less than thirty days prior to the Convention at which the election is to take place. The Secretary shall remind each member of his privilege of nomination by petition at least three months before each Annual Convention. Section 2. By the Board of Directors. The Board of Directors shall, either directly or through a committee appointed for this purpose, nominate candidates for any office about to become vacant for which no nomina- tions have been filed by petition within thirty days of any Annual Convention. 180 BY-LAWS II Section 3. Convention Procedure. At least two weeks before the date set for any Convention the Secretary shall send to each member the names of any nominees for office made by petition. At the opening session of each Convention, the Hoard of Direc- tors shall report its nominations, if any, made under the provisions of Section 2 of this Article. At the same session an opportunity shall he given for nominations for any ofiice to be made from the floor. A nomination from the floor shall have at least two seconders. ARTICLE X OFFICERS Section 1. Election of Officers. An election of Officers of the Institute, as enumerated in Article IV of the Constitution, shall be held at each Annual Convention. The election shall be by ballot of the Delegates. A plurality vote shall elect. The Officers elected shall enter office upon adjournment of the Convention at which elected, and shall hold office until their successors qualify. Section 2. President. The President shall be elected at each Annual Convention to serve one year, and he may be re-elected for the next following year, but after serving such second term no President shall be eligible to re-election until two years shall have elapsed. The President shall preside at all meetings of the Institute and shall be Chairman of the Board of Directors. He may fill by appoint- ment vacancies in all committees except the Judiciary and the Executive Committees, which vacancies shall be filled by ballot of the Board of Directors. Section 3. Vice-Presidents. A First and Second Vice-President shall be elected at each Annual Convention to serve for one year, and in case of the absence of the President or of his inability to act, his duties shall devolve on the Vice-Presidents in their order of precedence. Section 4. Secretary. The Secretary shall be elected at the Annual Convention, to serve for one year. The Secretary shall approve and sign the records of the Annual Convention of the Institute, of the meetings of the Board of Directors, and of the Executive Committee. The Secretary shall conduct the correspond- ence of the Institute. He may delegate such portions of it as he sees fit to the Executive Secretary. The Secretary shall he the Keeper of the Seal of the Institute. 'I he Secretary shall prepare, on behalf of the Board of Directors, an annual report, which he shall submit to the Board for consideration and approval at its meeting preceding the Annu:il Convention. The records and correspondence of the Secretary shall at all reasonable times be open to the inspection of the Institute. Section 5. Treasurer. The Treasurer shall be elected at the Annual Convention to serve for one year. The Treasurer shall exercise an oversight over all the financial afl^airs of the Institute. He shall receive and, under the direction of the Board of Directors, shall disburse the funds of the Institute. The Treasurer shall place in the hands of the Executive Secretary a sum not to exceed the amount of the bond of that officer. He shall reimburse the Executive Secretary from time to time, upon the presentation of statements submitted by the Executive Secretary, duly approved as required under Article XIV. The Treasurer shall be ex officio a member of the Committee on Finance, and shall perform such other duties as the Board may direct. The Treasurer shall report at the Annual Convention and, when required, at any meet- ing of the Board of Directors. Section 6. Auditing. The books of the Treasurer and of the Execu- tive Secretary and of the Journal of the Insti- tute shall be audited by chartered, certified accountants at least once a year and at such other times as the Board of Directors or the President may direct, but the audit of the books of the Journal shall not be published. The expense of such auditing shall be paid for by the Institute in an amount not to exceed the sum set aside in the budget for that purpose. ARTICLE XI board of directors and executive committee Section i. Board of Directors. There shall be fourteen Directors, including the officers of the Institute, who are Directors ('.V officio. At each Annual Convention, three Directors shall be elected to serve for three years, and the Convention shall elect additional Directors to i8i 12 BY-LAWS fill any vacancies that may exist or are about to occur at the time of said Convention and for the unexpired term of such vacancies. No Director whose term of office has expired shall be re-elected for the next ensuing term. This provision does not apply to ex officio mem- bers of the Board. Section 2. Duties of the Board. The duties of the Board of Directors shall be as follows: In the interim between Conventions of the Institute, the Directors shall decide all questions as to the interpretations of the Con- stitution and By-Laws. They shall in this interim be the custodians and conservators of all the properties and interests of the Institute, and they shall have full power and authority, and it shall be their duty to do all things (within the limitations fixed by the Constitu- tion and By-Laws) which, in their opinion, shall be conducive to the welfare of the Insti- tute. The Board of Directors shall hold at least two meetings in each 3'ear, one within thirty days after the beginning of its term of office, and another within thirty days before the regular Annual Convention of the Institute. At the former meeting it shall elect from its membership an Executive Committee and formulate a plan of action for itself and for said committee for the ensuing official year, and at the last-mentioned meeting it shall receive and act upon the reports of officers, of Chapters, and of standing and of special com- mittees, and shall prepare its annual report to the Convention. The Board of Directors shall establish the qualifications for admission to Membership, and shall appoint a Board of Examiners to con- duct such examinations as may be required. The Board of Directors may also, from time to time, formulate and publish for the informa- tion of the Institute such rules and regulations as it may deem expedient and necessary to establish for the furtherance of the discharge of its duties and responsibilities. Five shall constitute a quorum of the Board of Directors. In the absence of any provision therefor made by the Institute in Convention assem- bled, the property of llic Institute shall be vested in the Board of Directors. The Board of Directors of the Institute shall annually elect the nine Directors of the Press, of the American Institute of Architects, Inc. The Treasurer of the Institute shall be elected one of the nine Directors of the Press. Section 3. Executive Committee. The above-mentioned Executive Committee of the Board shall consist of five Directors, of whom the President and Secretary of the Institute shall be two. The President and Secretary of the Institute shall be respectively Chairman and Secretary of the said Com- mittee. Three shall constitute a quorum of the Executive Committee. ARTICLE XII STANDING COMMITTEES Section i. Standing Committees. There shall be Standing Committees as follows: Committee on Practice. Judiciary Committee. Committee on Contracts. Committee on Allied Arts. Committee on Public Works. Building Committee. Committee on Education. Committee on Competitions. Committee on Institute Publications and Public Information. Structural Service Committee. Section 2. Mode oj Appointment. Each of the above Committees shall consist of two or more Members of the Institute, except as otherwise herein provided. They shall be annually appointed by the President. Section 3. Duties. The duties of these Committees shall be specially defined by the instructions they shall from time to time receive from the Conven- tion or Board of Directors. The Committee on Institute Publications shall consist of six members appointed in January, 1916, to serve respectively for periods of one, two, and three years, thus creating but two vacancies annually in the membership of the Committee. The President shall annually fill the vacancies, by appointment or reappoint- ment, and may also fill by appointment any other vacancy on this Committee occurring at any time. The Committee on Institute Pub- lications shall be empowered to elect its own Chairman, and it shall have authority to appoint such subcommittees as it may deem to. be for the best interests of the work with which it is charged. The Committee on Practice shall consist of a Chairman appointed by the President and one member in each Chapter appointed by the President upon the recommendation of the Executive Committee of the Chapter. When any case is brought to its attention the Chairman sh:ill designate three members of the Committee, one of whom may be Chairman of 182 BY-LAWS 13 the Committee on Practice, and the three so designated shall in rehition to such case exer- cise all the functions and powers of the Com- mittee on Practice, except in every case the Chairman of the Committee shall make the report. All procedure in connection with the duties of the Committee on Practice shall be in accordance with rules established by the Hoard of Directors. The Judiciary Committee shall consist of three members of the Board of Directors elected annually by the Board. ARTICLE XIII I'ERIOD OF OFFICE All ofHcers and all committees of the Insti- tute, whatever may I'e their technical terms of duty, shall serve imtil their successors are duly qualified, or until they are themselves dis- charged. ARTICLE XIV I-XECUTIVE SECRETARY There shall be an Executive Secretary, not necessarily a member of the Institute, who shall be appointed by the Board of Directors, on such terms as the Board may determine, and he shall be directly responsible to the Board, and, when the Board is not in session, to the Secretary. He shall have his offices in the head- quarters of the Institute at Washington, and vv'ill have charge of these offices. The Executive Secretary shall conduct such correspondence as may be delegated to him by the Secretary. He shall act as Recording Secretary at the Annual Convention and at all meetings of the Board of Directors and of the Executive Committee, and also, when directed by the President, at meetings of Standing or Special Committees. The records of the Annual Convention and of the meetings of the Board, and of the Executive Committee shall be subject to revision by, and shall be signed by the Secretary. The Executive Secretary shall, under the supervision of the Treasurer, have charge of the books of accounts of the Institute. He shall be under such bond as may be fixed by the Board. He shall never hold funds of the Institute in excess of the amount of his bond. The Treasurer shall keep him in current funds by transferring moneys to his account from time to time, but such transfers shall be made only after approval by the Treasurer of state- ments covering the expenditure of moneys previously transferred. All funds received by any person for the Institute shall be delivered to the Executive Secretary. He shall immediately enter them in the books of account and deposit such funds to the credit of the Institute in a bank to be designated by the Board of Directors and to be known as the Treasurer's bank. 1 he I'ixecutive Secretary shall make and collect all bills against members or others. He shall have charge of all bills against the Insti- tute and shall keep an account of same, and shall present vouchers to the proper authorities for approval. He shall pay no bills against the Institute except such as are covered by appropriation of the Board of Directors. All vouchers covering bills against the Institute connected with the Conventions, the Board of Directors, or the Executive Committee shall be approved by the Treasurer. All vouchers covering bills against the Institute connected with the work of committees shall be approved by the chair- man of each committee and the Treasurer. He shall perform such other duties as the Board may direct. The records and correspondence of the Exe- cutive Secretary, except in relation to the qualifications for candidates for membership shall at all reasonable times be open for inspec- tion by members of the Institute. ARTICLE XV OFFICES OF THE INSTITUTE The office of the Institute in the State of New York shall be the office of the New York Chapter of the American Institute of Archi- tects in the city of New York. The Institute shall also have an office at the Octagon in the city of Washington in the District of Columbia, and also at such other places as any Annual Convention may establish. ARTICLE XVI AMENDMENT OF BY-LAWS These By-Laws may be amended at any Con- vention of the Institute by a two-thirds vote of the delegates present and voting, provided notice of any proposed amendment shall have been sent to each member at least thirty days before the amendment is to be voted upon. The Secretary of the Institute shall send out copies of any proposed amendment to all members at least thirty days before such amendment is to be voted upon, provided that he receives a copy of the proposed amendment, approved by vote of the Board of Directors, endorsed by a Chapter at one of its meetings, or signed individually by at least ten members, at least forty days before the amendment is to be voted upon. 181 Appendix R Chapter Constitution and By-Laws CONSTITUTION AND BY-LAWS OF THE WASHINGTON CHAPTER AMERICAN INSTITUTE OF ARCHITECTS Constitution ARTICLE I NAME This society is an organization of Members of the American Institute of Architects and Chapter members elected prior to December 7, 1916. It exists by authority of a charter granted by the Institute in accordance with its By-Laws Sept. 21, 18S7 and the name of the society is the Washington Chapter of the American Institute of Architects. ARTICLE II TERRITORY The territorial limits of this Chapter shall be as determined by the Board of Directors of the Institute, from time to time, in their discretion, and the headquarters shall be in the City of Washington, District of Columbia. ARTICLE Hi OBJECTS The purpose of this Chapter is to promote the objects and ideals of the American Institute of Architects within its territorial limits, to unite its Members and Affiliates in fellowship, and to combine their efforts so as to promote the aesthetic, scientific and practical efficiency of the profession, and to make the profession of ever-increasing service to society, to cooperate in the betterment of the community and to assist in the upbuilding and improvement of the National Capital. ARTICLE IV MEMBERS This Chapter shall consist of Members, Fel- lows, and Honorary Members of the Institute. Institute Membership shall be the prerequisite of Membership in this Chapter, excepting in the case of those who, by virtue of election to membership in the Chapter prior to December 7, 1916, may have acquired inalienable rights thereto. ARTICLE V AFFILIATES This Chapter may affiliate with itself persons who shall be known as Associates of the Wash- ington Chapter of the American Institute of Architects, but not as Members, and among such Associates it may create an honorary group who shall be known as Honorary Associates of the Washington Chapter of the American Institute of Architects. The condition of such Associate- ship shall be as defined in the By-Laws. This Chapter may also affiliate with itself, for purposes of cooperation, or to provide a re- cruiting ground, other groups or organizations which shall have no connection with the Insti- tute, no voice in the affairs of the Institute or Chapter, nor any right to the use of the name American Institute of Architects. ARTICLE VI OFFICERS The officers of this Chapter shall be a Pres- ident, one or more Vice Presidents, a Secretary- Treasurer, or a Secretary and a Treasurer and an Executive Committee which shall consist of (3) 184 4 BY-LAWS the aforementioned officers, ex officio, and such additional members as are provided in the By- Laws of the Chapter. All officers of this Chapter shall be Members or Fellows of the American Institute of Archi- tects, excepting in those cases where an inalien- able right to hold office may have been created by an election to membership in the Chapter prior to December 7, 1916. ARTICLE VII MEETINGS This Chapter shall hold an annual meeting at which its officers shall be elected and such other meetings as are provided in the By-Laws. ARTICLE VIII AMENDMENTS This Constitution may be added to, altered, or amended at any regular meeting of the Chapter, at which a quorum is present, by a two-thirds vote of all Members then present provided the proposed change shall have been previously discussed at either a regular or special meeting, and further provided a copy of said proposed change shall have received the approval of the Board of Directors of the Insti- tute and shall have been mailed to every Mem- ber and Chapter member at his last known address, together with a notice of the meeting at which it is to be acted upon, at least twenty days before the date set for the said meeting. By-Laws ARTICLE I CONDITIONS OF MEMBERSHIP AND ASSOCIATESHIP Section i. General Conditions of Membership. All Members and Fellows of the American Institute of Architects, whose names appeared upon the membership roll of this Chapter on December 7, 1916, and who have not forfeited such membership, are Members of this Chapter. All Members and Fellows of the Institute who, in accordance with the Institute By-Laws are re-assigned from any other Chapter of the Institute to this Chapter shall, by that fact, become Members of this Chapter. All persons duly elected to membership in the Institute after December 7, 1916, and, upon said election, assigned to this Chapter shall, upon payment of initiation fees and current dues to Institute and Chapter, be Members of the Chapter. When a notice is received by the Secretary of the Chapter from the Secretary of the Insti- tute, announcing the application of a person for Institute membership and assignment to this Chapter, the Secretary of the Chapter shall promptly notify the Executive Com- mittee of the Chapter of said application, and it shall then be the duty of the said Committee to consider the qualifications for membership of the applicant, and to report its findings to the Secretary of the Institute witliin tiie time allotted by the Institute for privileged com- munications. Section 2. General Conditions of Associateship. There shall be affiliated with this Chapter a group of persons who are eligible, or who show promise of eligibility, to membership in the Institute, and who shall be known as Asso- ciates of the Washington Chapter of the American Institute of Architects. Any person desiring to become an Asso- ciate of this Chapter shall be provided with a standard form of application for Associateship, prescribed by the Institute, outlining the qualifi- cations deemed necessary, requiring evidence thereof, and incorporating a pledge that the applicant will abide by the Constitution, By-Laws, Canons and Codes of the Insti- tute and of the Chapter with which he seeks associateship, and that he wilt, within three years after election to associateship, apply for membership in the Institute and, failing to apply or having applied and failed of election, that he will automatically forfeit his associate- ship and all rights vested therein. The applicant shall fill out and sign this form in duplicate and shall secure, as endorsement of his application, the signatures of three (3) Members of the Chapter. 1 he application shall then be presented to the Secretary of the Chapter, who shall thereupon refer it to the Executive, or other duly authorized. Com- mittee of the Chapter, and shall notify all Members, Chapter Members and Associates of the application, requesting from them, within thirty days, privileged communications 18s BY-LAWS 5 upon the desirability of the applicant. Every such communication shall be signed and objections must be accompanied by the reasons therefor. These communications shall be can- vassed by the Executive, or other duly author- ized, Committee who shall thereupon decide as to the desirability of the proposed associate. If this decision is adverse to the applicant, his application shall be rejected and he shall be so notified. If this decision is favorable to the applicant, his qualifications shall then be con- sidered by the Executive, or other duly author- ized, Committee who may call the applicant before them for examination or require the submission of drawings or photographs of his work or both. All information concerning the proposed Associate shall then be made available to the Executive Committee of the Chapter, who shall ballot upon the name of the applicant for election and two negative ballots shall reject; otherwise the applicant shall be declared elected, and the Secretary of the Chapter shall then promptly forward the dupplicate applica- tion for Associateship to the Secretary of the Institute, noting thereon the date of election. The applicant also shall be promptly notified of his election by the Secretary of the Chapter, and upon payment to the Treasurer of his initiation fee and current dues, shall become an Associate of the Chapter. A rejected applicant cannot again apply for admission within a year after the date of his rejection. Section 3. Honorary Associates. There shall be affiliated with this Chapter a group of persons, not eligible to membership in the Institute, but who have rendered the profession signal and valuable service within the Chapter territory and have conspicuously upheld its aims. They shall be known as Honorary Associates of the Washington Chap- ter of the American Institute of Architects, and, upon the recommendation of the Executive Committee of the Chapter, may be elected at any monthly or annual meeting by ballot, provided due notice of the meeting and the names to be then considered shall have been sent to all Members, Chapter Members and Associates. A three-fourths vote of all Mem- bers, Chapter Members and Associate present shall be necessary to elect. Section 4. Chapter Members. Those who were duly elected to non-Institute membership in this Chapter prior to December 7, 1916, may retain their present status and such rights as they may have acquired by vir- tue of said election. They shall be known as Chapter Members. Section 5. Honorary Chapter Members. Honorary Chapter Members and correspond- ing Chapter Members, who were duly elected to this Chapter prior to December 7, 1916, may retain their present status and such rights as they may have acquired by virtue of said election. ARTICLE II PRIVILEGES Section i. Privileges of Members. Members only may vote for delegates to conventions of the Institute, on any question involving instruction of delegates to such con- ventions, and on matters submitted by the Institute for consideration or report by its Chapters, or on any other Institute business. When a vote is to be taken at any meeting, the announced decision of the chair shall deter- mine what constitutes Institute business or contravenes Institute policies, but an appeal may be taken from this decision by any Mem- ber, Chapter Member, or Associate. When such an appeal is taken, the question shall be only on sustaining the ruling of the chair and shall be voted on only by Members. A two- thirds vote is necessary to overrule the decision of the chair. Except as otherwise provided in Sec. 3 of this article. Members only shall be entitled to hold office or to serve on the Executive Committee of the Chapter. Section 2. Privileges of Associates. Associates may not hold office in the Chap- ter nor vote on Institute business. They may, however, participate in all discussions, and where purely local affairs are concerned, not contravening Institute policies, they may serve on Committees, make motions and vote. Section 3. Privileges of Chapter Members. Chapter Members may retain such inalien- able privileges as may have inured to them through their election to Chapter membership 186 BY-LAWS prior to December 7, 1916, hut may not other- wise hold office in the Chapter nor vote on Institute business. Jhey may, however, par- ticipate in all discussions, and where purely local affairs are concerned, not contravening Institute policies, they may serve on Commit- tees, make motions and vote. Section 4. Privileges of tiie Honorary Class. Honorary Associates, Honorary Chapter Members and Corresponding Chapter Members shall not be entitled to vote or to hold office, but may serve on committees having no con- nection with Institute affairs. ARTICLE III INITIATION FEF. AND DUES Section i. Fiscal Year. The fiscal year of this Chapter sliall be the calendar year beginning January I and ending December 31. Section 2. Initiation Fees. The initiation fee of a Member entering the Chapter by assignment, upon election to the Institute, shall be Ten Dollars and shall be due and payable to the Treasurer of the Chap- ter upon notice of election and assignment. The initiation fee of an Associate shall be Ten Dollars and shall be due and payable to the Treasurer of the Chapter upon notice of elec- tion. There shall be no initiation fee for members entering the Chapter by transfer from any other Chapter of the Institute, nor for Honor- ary Associates elected to this Chapter, nor for Chapter Members or Associates of this Chapter elected to the Institute and assigned to membership. Section 3. Annual Dues. The annual dues to the Chapter for Mem- bers shall be Ten Dollars; for Associates Ten Dollars and for Chapter Members Ten Dollars. Any Member Associate or Chapter Member who has both his residence and his place of business outside the District of Co- lumbia shall pay one-half of the annual dues above prescribed. I louorary Associates, Honorary Chapter Members and Corresponding Chapter Members shall pay no dues. Sfxtion 4. When Payable. Annual dues are payable in advance on the first day of January, but payment may be made in two equal semi-annual installments, one on January first and one on July first. Any per- son who is assigned to Membership or elected to Associateship on or after July first shall pay only the second semi-annual installment. SiccTioN 5. Non-Payment of Initiation Fee and Dues. Every person elected to Associateship shall, within three months after notice thereof, paj' to the 1 rcasurer the initiation fee and the current dues. Failure to comply with the above requirements shall be deemed a declina- tion of election to Associateship and said election shall thereupon become void. If a Member, assigned to this Chapter upon election to the Institute, shall fail to pay the Chapter initiation fee and current dues to the Treasurer of the Chapter within three months after his election and assignment, the Treasurer shall report his case to the Executive Com- mittee of the Chapter who may, in their dis- cretion, report his delinquency to the Secre- tary of the Institute and request that his election and assignment be declared void. Any Associate or Chapter Member who shall be one year in arrears for dues shall be notified by the Treasurer of this fact and of the penalty herein provided, and should he neglect payment of his indebtedness for thirty days thereafter, his name shall be dropped from the rolls and his connection with the Chapter shall, by that fact, terminate. Provided, neverthe- less, that the Executive Committee of the Chapter may. at its discretion, remit the said penalty and the Secretary of the Chapter shall then record the action on the minutes of the Committee. Any Member who shall be one year in arrears for dues shall be notified by the Treas- urer of the fact and of the penalty herein pro- vided and should ho neglect payment of his indebtedness for thirty days thereafter, the Treasurer shall report his case to the Execu- tiv-e Committee of the Chapter who may, in its discretion, remit the penalty or report his delinquency to the Board of Directors of the Institute with the request that he be dropped from the roll of membership or expelled. 187 BY-LAWS ARTICLE IV SPECIAL RULES Section i. Remission of Dues. The Chapter may, at any regular meeting, remit the dues of a Member Associate or Chapter Member who is called away from the practice of his profession in the service of his country. This action may be taken without previous notice, upon motion duly seconded, and the affirmative vote of two-thirds of those present shall carry. Any Member, Associate or Chapter Mem.ber who has paid dues for one year or more, and who is absent from the United States and its possessions for a continuous period of one year or more, shall be exempt from the payment of dues for the semi-annual periods during the whole of which he is absent, provided he shall apply to the Secretary of the Chapter, in writinti, for such exemption. Any Member who has, for a continuous period of ten years, been in good standing in the Institute and has reached the age of seventy years or has been compelled to retire from the active practice of architecture because of physical disability may, at the discretion of the Executive Committee of the Chapter, be exempted from the payment of dues, and retain all the privileges of Membership so long as he does not engage in any other profession, busi- ness or trade; but no Member shall be entitled to such exemption from Chapter dues because of any similar exemption granted him by the Board of Directors of the Institute. Section 2. Termination of Membership. Termination of membership in either Insti- tute or Chapter, whether by resignation, ex- pulsion or otherwise, shall automatically ter- minate membership in both. All interest in the property of the Chapter or of the Institute, of Members, Associates, or Chapter Mem- bers, who for any reason cease to be such, shall be vested in the Chapter and the Insti- tute, respectively, as their interests may appear. Section 3. Resignations. The resignation of a Member shall be made in writing to the Board of Directors of the Institute and addressed to the Secretary of the Chapter who shall then promptly submit it to the Executive Committee of the Chapter for consideration. After consideration by the Executive Committee of the Chapter, unless it be withdrawn, the resignation, together with a statement regarding the Member's financial obligations to the Chapter and such further comment as the Executive Committee may deem desirable, shall be promptly forwarded to the Secretary of the Institute for official action. The resignation of a Member may not be considered while charges, involving discipline by the Institute, are standing against him. The resignation of an Associate or a Chap- ter Member shall be made in writing to the Executive Committee of the Chapter and addressed to the Secretary. A resignation shall not release the person making it from any obligations to the Chapter. Whenever a resig- nation is accepted from the affiliated group of Associates, the Secretary of the Chapter shall promptly notify the Secretary of the Institute of the resignation and the date of its acceptance. The resignation of a Chapter Member need not be reported to the Secretary of the Institute. The resignation of an Asso- ciate or a Chapter Member may not be con- sidered nor accepted while charges, involving discipline by the Executive Committee of the Chapter, are standing against him. Section 4. Discipline. If the conduct of any Member, Associate or Chapter Member, brought in writing to the attention of the Executive Committee of the Chapter, shall appear to be injurious to the interests of the Chapter or the Institute, or contrary to the Canons, Codes, Constitutions and By-Laws of either, the Executive Commit- tee shall inform him thereof in writing, furnish him with a specification of the charges, and give him not less than two weeks notice of a meeting at which he may appear before the Committee. After a fair and impartial hearing at this meeting, or in the event of the failure of the Member to appear or to present a defense, the Committee may, if it finds against a Mem- ber in a case where punishment does not involve suspension or expulsion, determine and effect such punishment as it deems fitting. If it finds agamst a Member m a case involv- ing, in the opinion of the Committee, suspen- sion or expulsion, it shall report the case and the result of the investigation to the Chapter at the next meeting thereof and on a majority vote of the Members present the Committee shall forward the charges and report to the Cliairman of the Committee on Practice of the Institute for such further action as is provided by the Institute By-Laws. Notwithstanding any action by the Execu- tive Committee under the preceding provision any such case may be appealed to the Institute 8 BY-LAWS Committee on Practice for action, as piovided l>y the Institute I}y-Laws. liecord of every such investigation hy tlie Executive Committee, and the action taken shall he promptly repf)rted to tiie Committee on Practice of the Institute for record. After a fair and impartial liearing conducted the same as for Institute Members, the Com- mittee shall, if it finds against an Associate, or Chapter Member, recommend the punish- ment, which may he suspension, censure, or expulsion. The defendant shall then he in- formed in writing of the Committee's decision and recommendation and given at least two weeks' notice of a regular or special meeting of the Chapter at which the Committee's findings shall be submitted for confirmation by the Chapter. At tliis meeting the Committee's report shall be presented, the defendant shall be given the opportunity to be heard in his own defense and shall then withdraw from the meeting and the question shall be on sus- taining the ruling of the Committee. A majority vote of Members, Chapter Members and Associates present is necessary to override the decision of the Committee. Section 5. Transfers of Membership. If any Member of this Chapter shall estab- lish his residence or his place of business within the territory of another Chapter and shall de- sire a transfer of membership to that Chapter, he shall apply to the Secretary of this Chapter for a letter to the Secretary of the Institute stating that he is in good standing in this Chapter and under no financial obligations to it: the Secretary of the Chapter shall, upon such application, and if the facts justify it. issue such a letter and preserve a copy thereof in the files of the Chapter. The Member shall then forward this letter, together with the name of the Chapter to which he is requesting re-assignment, to the Secretary of the Insti- tute, who will thereupon make and record such re-assignment and send written notice thereof to the Secretaries of both Chapters. If any Member of this Chapter shall estab- lish both his residence and his place of business outside the territory of this Chapter, he shall apply for a transfer to the Chapter in the ter- ritory^ of which his residence, or his place of business, or both shall be established: failing to make such application, the Secretary of the Institute shall, upon the request of either or both Chapters concerned, and provided the Member is in good standing and under no financial obligations to this Chapter, make such transfer of membership and send notification thereof to the Member. Section 6. Re-Election. If any person who has forfeited or been de- prived of membership in the American Insti- tute of Architects has his residence or his place of business within the territory of this Chapter, and desires to regain his Membership in the Institute, he shall make application to the Executive Committee of the Chapter through the Secretary, stating in said application the reasons why he forfeited or was deprived of his Membership, whether all indebtedness to the Institute and Chapters has been discharged, and on what grounds he bases his application for renewed Membership. Upon the receipt of such an application, the Executive Com- mittee of the Chapter shall consider the facts, and may call the applicant before it for inter- rogation or examination. If this decision of the Committee is favorable to the applicant, the Secretary of the Chapter shall report the application for re-election to the Board of Di- rectors of the Institute, endorsing said re-appli- cation and giving the reasons therefor. The Executive Committee of the Chapter may in such cases recommend that the Institute Board waive the Institute initiation fee and may agree that, upon the re-election of the applicant, the Chapter initiation fee will also be remitted. Section 7. Reinstatement of Associates. Where an Asociate has applied for Institute Membership within three years after his election to Associateship, and has failed of election to the Institute, the Executive, or other duly authorized. Committee of the Chapter may, by majority vote, reinstate him as an Associate for a further period of two years, upon his agreement that, after one year and before two years from the date of his first application for Membership in the Institute, he will again make application for same, and failing to apply or having applied and failed of election, he w-ill automatically and finally forfeit his Asso- ciateship and all rights vested therein. ARTICLE V MEETINGS AND ORDER OF BUSINESS Section i. Meetings and Quorum. The annual meeting of this Chapter shall be held on the second Thursday of January. Further regular meetings shall be held on the first Thursday of each month from October to June mclusive. 189 BY-LAWS The Executive Committee shall have power to change the date of any regular meeting, excepting the Annual Meeting, and to call such other meetings as it may deem desirable. Special meetings shall be called by the Pres- ident, or in case of his absence or disability, by a Vice President upon the written request of five Members, setting forth the purpose of such meeting, at which no other business shall be considered. At any meeting of the Chapter, held after due notice, one-fifth of the Members, not absent from the Chapter territory, shall constitute a quorum. Section 2. Order of Business. At the meetings of this Chapter the order of business, so far as the character and nature ot the meeting may admit, shall be as follows: but this order of business may be changed by the presiding officer or by a majority vote of the Members present at a meeting. Order of business for Annual Meeting. 1. Reading the minutes. 2. Annual address of the President. 3. Report of the Executive Committee. 4. Report of the Secretary. 5. Report of the Treasurer. 6. Report of the Auditing Committee upon the Treasurer's report. 7. Report of Standing Committees. 8. Election of Honorary Associates of the Chapter. 9. Reports of Special Committees. 10. Unfinished business. 11. Election of delegates to the Convention of the Institute. 12. Election of Executive Committee and Officers. 13. New business. 14. Adjournment. Order of Business at Regular Meetings. 1. Reading the minutes. 2. Unfinished business. 3. Reports of Standing Committees. 4. General business, and election of delegates to local organizations. 5. Reports of Special Committees. 6. Debates or lectures on subjects of interest to the profession. 7. Adjournment. ARTICLE VI NOMINATIONS On or before the first of December of each year, the Executive Committee shall elect a Nominating Committee consisting of five Members, all of whom shall be neither officers nor members of the E.xecutive Committee. It shall be the duty of this Committee to nominate candidates for the Executive Com- mittee and for all Offices of the Chapter, and to report these nominations to the Chapter at the December meeting. At any time after the December meeting and not less than five days before the Annual Meeting, separate lists of nominations may be submitted to the Secretary of the Chapter by any five or more Members of the Chapter whose signatures must be appended to such lists. Such lists of nommations must be complete for each and every office, including those in which they may not differ from the list sub- mitted by the Nominating Committee. It shall be the duty of the Secretary to prepare the ballots to be voted on at the Annual Meeting and these ballots shall contain the names of all persons regularly nominatedi n the manner above provided. A plurality vote shall elect. At least thirty days prior to the Annual Meeting the Secretary of the Chapter shall write to each Member asking if he will be a delegate to the next Convention of the Insti- tute if so elected. The Secretary shall canvass the answers to these letters and from them shall prepare a ballot to be voted on at the January meeting. This ballot shall contain the names of all nominees who have signified their willing- ness to serve. The President and the Secre- tary of the Chapter shall be delegates, ex officio, and the remainder of the candidates, to the number to which the Chapter may be entitled, who shall receive the largest number of votes, shall be delegates. The required number of candidates receiving the next largest number of votes shall be alternates. All delegates shall be reimbursed in whole or in part for their necessary expenses in attending the Conven- tions of the Institute as the Chapter may de- termine to be warranted by the condition of the Chapter finances. ARTICLE VII OFFICERS Section i. Executive Committee. The Executive Committee shall be subject, in all respects, to such instructions and limitations as may, from time to time, be prescribed by the Chapter. It shall meet at the call of the Pres- ident, or at the call of any three of its members and the Secretary of the Chapter shall act as Secretary of the Executive Committee at all lyo lO BY-LAWS meetings. The Executive Committee shall re- port to the Chapter at each Annual Meeting and at such other times as the Chapter may consider necessary. I lie Kxecutive Committee shall have power to fill vacancies in its own membership and in the offices of the Chapter, hut memhers so chosen shall hold office only until the next Annual Meetinj; of the Chapter, when members shall he chosen by the Chapter to fill such vacancies during the remainder of the unex- pired terms. The Executive Committee shall control the funds and property of the Chapter. It may provide rooms for the use of the Chapter and shall make all contracts and purchases, but shall not, without permission of the Chap- ter, incur any liability exceeding the amount of unappropriated funds in the haiuls of the Treasurer. As elsewhere provided in these By-l,aws, the Executive Committee shall hear and adjudge questions of discipline of Members, Associates, or Chapter Members and, where so provided, shall act as an Elective Committee. After the adoption of these By-Laws, the Executive Committee shall consist of the Presi- dent, Vice-Presidents, Secretary, Treasurer, and the Chairmen of Standing Committees and Delegates to the Federation of Citizen Associa- tions, and the Chapter may elect three members of the Executive Committee, of whom one shall be elected for one year, one for two years, and one for three years. At each subsequent election thereafter, one member shall be elected to serve on the Committee three years. No member of the Executive Committee shall be eligible for re-election until the next Annual Meeting after the expiration of his previous term of office. Section 2. General Officers. The general officers of this Chapter shall be the President, the (ist) Vice-President, (the 2nd Vice-President), the Secretary and the Treasurer. All officers elected at the Annual Meeting shall hold office for one year following their election, or until such time thereafter as their successors are elected. The President, or in his absence, a Vice- President, shall preside at all meetings of the Chapter. In the absence of the President and of the Vice-Presidents, a presiding officer shall be chosen by the meeting. The President shall appoint all standing and special committees except as otherwise ordered. He shall be, ex officio, chairman of the Executive Commit- tee and a member of all standing committes, and as such he shall be entitled to vote. He shall also be, ex officio, a delegate to the Annual Convention of the Institute. He shall have power, with the approval of the Executive Committee, to call special meetings of the Chapter. He shall, with the Secretary, sign all written contracts and obligations of the Chapter. The office of President shall not be held by the same member for more than two consecutive terms. The President and Secretary shall, at the end of each fiscal year, prepare and forward to the Secretary of the Institute an official annual report upon the condition of the Chapter. This report shall include the names of all Members, Associates and Chapter Members, a list of members who are also Fellows of the Institute, the names of Hon- orary, Corresponding or other Chapter Mem- bers, a statement as to Chapter affiliations made in accordance with the Institute By- Laws, and such other information as the Board of Directors of the Institute may require. Not less than thirty days before the annual convention of the Institute the President and Secretary of the Chapter shall report to the Secretary of the Institute any changes in mem- bership recorded since the beginning of the fiscal year in order to bring the annual report up to date as regards membership. 1 he Secretary shall be, ex officio. Secretary ot the Executive Committee. The Secretary shall sign all written contracts, obligations and papers, attesting by his signature the signature ot the President or other officers where their signatures are attached to documents. He shall conduct the general correspondence of the Chapter and of the Executive Committee, and shall issue all notices of meetings, exhibi- tions or other events, for the Chapter and Executive Committee. He shall notify the Executive Committee whenever the Secretary of the Institute announces an application for Institute membership which involves assign- ment to this Chapter, shall communicate the Committee's report upon the application to the Secretary of the Institute, and shall file a copy ot said report with the announcement. He shall issue letters to Members desiring transfer of membership as provided in the By-Laws. He shall receive all applications for Associate- ship, shall report same to all Members, Chapter Members and .Associates and to the Executive Committee as hereinbefore provided and shall report the Committee's action upon said appli- cations to the applicants. He shall promptly notify the Secretary of the Institute and the Treasurer of the Chapter of the election of Associates, of all changes in the status of Mem- 191 BY-LAWS II bers or Associates, of any action relative to them which affects Membership or Associate- ship and lie shall file copies of such notices. He shall forward documents to the Secretary of the Institute as required by the Institute By-Laws, or by the direction of the Chapter. He shall keep a roll of the Members, Chapter Members and Associates and their addresses. He shall join with the President in an annual report to the Institute. The Secretary may request of the Treasurer funds for stationery, and for such other expenses as may be neces- sary in the discharge of his duties, when sanctioned by the E.xecutive Committee. The Secretary shall be, ex officio, a delegate to the Annual Convention of the Institute. TREASURER The Treasurer shall collect the funds due the Chapter. He shall disburse the funds of the Chapter, sign all checks, pay only such accounts as shall be certified to by the President and shall exercise an oversight over all the financial affairs of the Chapter. As soon as notified by the Secretary of the admission of a new Mem- ber by assignment or transfer, or of the election of a new Associate, he shall attend to all matters connected with the collection of initia- tion fees and dues, issuing all notices relative thereto, etc. He shall keep the accounts of the Chapter in books belonging to it which shall at all tim.es be open to the inspection of the officers; he shall report on the state of the funds of the Chapter at every regular meeting of the Executive Committee and at m.eetings of the Chapter when called upon; he shall make an annual report of the finances to the Executive Committee which shall he included in its annual report to the Chapter. The accounts shall be audited by the Committee appointed by the President for that purpose. The Treasurer shall have power, when funds are available, to purchase such stationery, and to incur such other expenses as may be necessary in the discharge of his duties and those of other officers and committees, v»hen sanctioned by the Executive Committee. He shall be custodian of any special funds for library or other Committees, and shall disburse the same only upon the written order of the Chairman of such Committees. All records of the Chapter, except those of the Executive Committee and those of any Com- mittee appointed to consider applications for Associateship, shall at all reasonable times be open to the inspection of any Member, Asso- ciate or Chapter Member. ARTICLE VIII STANDING COMMITTEES The following standing Committees shall be appointed annually by the President. Each shall be so appointed that Members will be in the majority, and on those Committees which deal only with Institute affairs, only Mem- bers shall be appointed. The duties of these Committees shall be specially defined by the instructions which they shall from time to time receive from the President, the Execu- tive Committee or the Chapter. The standing Committees are Admissions Committee, Pub- licity Committee and Delegates to the Federa- tion of Citizens Associations. The duties of the Committees are as indicated by their title and the duties of the delegates to the Federa- tion are to cooperate with the citizens .Associa- tion in the improvements of the City and in other local interests. ARTICLE IX AMENDMENTS These By-Laws may be added to, altered or amended at any regular meeting of the Chap- ter by a two-thirds vote of all MEMBERS then present, provided the proposed change shall have been previously discussed at either a regular or special meeting, and further pro- vided a copy of said proposed change shall have been mailed to every Member of the Chap- ter at his last known address, together with a notice of the meeting at which it is to be acted upon, at least twenty daj^s before the date set for the said meeting. Any By-Laws or amend- ments thereto should be reported to the Board of Directors of the Institute for its approval. If such By-Laws or amendments are enacted without such approval, they may be pro- nounced by the Board of Directors of the Institute as in conflict with the Charter or with the Constitution and By-Laws of the Institute and, by that fact, annulled. 192 Appendix S A. I. A. Document, No. i^6 Membership in the American Institute of Architects Obiecls: Ihe objects of the American Institute of Architects are to organize and unite in fellowship the Architects of the United States, to combine their efforts so as to promote the wsthetic, scientific, and practical efficiency of the profession, and to make the profession of ever-increasing service to society. The American Institute of Architects desires and invites the membership of every practicing architect, or architectural draughtsman, who is willing to join with his professional brothers in upholding and promoting the principles and ideals of service for which the American Institute stands. Conditions of Membership: Any resident of the United States, who is a practicing architect, or an architect engaged in professional education, or an architectural draughtsman, is eligible to member- ship if able to submit the required proofs of his or her professional capacity and honorable personal and professional standing. The Chapter Relation: Chapters of the Institute are local groups of Institute members and asso- ciates organized under a form of Chapter Constitution and By-Laws which provides a standard relationship to the Institute, with varying provisions for local organization and effort. An applicant for Institute membership is assigned, upon election, to the chapter within whose territory he has his business headquar- ters. If he resides in the territory of one chapter and has his busines headquarters in the territory of another, he may make a choice in his application. Initiation Fee and Dues: The initiation fee, is $10.00, of which 555.00 must accompany the applica- tion, and of which the balance is payable three months after election. The dues are ^20.00 a year. The Journal of the Institute is its official publica- tion, for which the subscription price to Institute members is $3.50 per year. General Requirements and Proof of Professional Ability Educational Requirements and Experience: No ex- hibits of executed work or technical examination are required of an applicant who can qualify under the provisions contained in the following paragraphs, but every such applicant must send with his application in lieu of exhibits of executed work, and as evidence of the proper educational equipment, his certificate of graduation, or his scholarship award, or some authoritative writing which is satisfactory proof of such graduation or scholarship award. Those not qualifying under Group I should send exhibits as required under Group II. Group I. Exhibits are not required: Of graduates in Architecture of the Massachusetts Institute of Tech- nology, Columbia University, University of Pennsyl- vania, Cornell University, Harvard University, the University of Illinois, the University of Michigan, Carnegie Institute of Technology, the University of California, Washington University, Syracuse Univer- sity, the University of Minnesota, the University of Oregon and the University of Kansas: Or from those who have held accredited scholarships of the American Academy at Rome, Columbia Univer- sity, Cornell University, the Pennsylvania Academy of Fine Arts, Washington University, or holders of the Rotch, McKim, or Stewardson Scholarships, the winners of the Paris Prize of the Society of Beaux Arts Architects or the Alumni Fellowship of the University of Pennsylvania; or from those who have passed the qualifying examinations of the Royal Institute of British Architects or the examinations for the first class of the Ecole des Beaux Arts. Practical Experience: Applicants applying under these general requirements shallihave had not less than two years' experience as practicing architects; or three years as draughtsmen; or two years as draughtsmen and one year in practice. Unanimous Endorsement: No exhibits"of executed work are required in any case when the applicant has the unanimous endorsement of his chapter. Unani- mous endorsement is that endorsement in which each Institute member of the chapter had 'an opportunity to express himself by letter ballot eit her for or again st the member proposed. Alletter^from^the chapter secretary to this effect should accompany the application. Group II. Exhibits are required: Applicants not qualifying under Group I, unless they have unani- mous endorsement, should accompanj' their ap- plications with simple exhibits of executed -work consisting of working drawings and photographs of two executed buildings. These exhibits may be taken from the office files and need not be specially prepared. They are returned in due course. Such applicants shall have been in independent practice at least three years, or have served five years as draughtsmen. The architectural draughtsman is not required to submit exhibits of which he is the publicly recognized designer, but he must send two such exhibits of which he can truthfully say he was the principal author, although the work was done in the office of another. 193 Application for Membership To the Secretary of the American Institute of Architects, The Octagon House, Washington, D. C. Sir: I hereby apply for Membership in the American Institute of Architects. I hereby certify that the following statements are correct: >9 Name._ Address.__ (Number add Street.l (City.) (State.! Place and date of birth Graduate in architecture.- - (If required in your case, give name of institutions and year. — Attach evidence of Diploma or Certificate of graduation Holder of Scholarship in architecture (If required in your case, attach evidence.) Passed the qualifying examinations of the Royal Institute of British Architects, or the examinations for the first class of the Ecole des Beaux Arts._ „ (If required in your case, state which, and attach evidence of Certificate.] If an Associate of a Chapter of the Institute, give name of chapter If practicing architect, firm name Have been in practice -- ...years... If draughtsman, employed by._ -. [State number of years.) Collegiate and office training.- .— — I have carefully examined the Constitution and By-Laws of the Institute and the "Circular of Advice Relative to Principles of Professional Practice and Canons of Ethics," and I agree, if elected, honorably to maintain them. I further agree, if elected to membership in the American Institute of Architects, that if at any time my membership shall cease, either by my own resignation or by any action taken by the Institute, I will then, by that fact, relinquish all rights of any character that I may have acquired by reason of such membership in the property, real or personal, of the American Institute of Architects, and of the Chapter of the Institute of which I am then a member. (Signature of Applicant.) I hereby certify that the signer of this application was duly elected an Associate of the... (For use when the applicant is an Associate.) Chapter, A. I. A., on the following date (Insert date of election to chapter.] Secretary. .Chapter, A. I. A. We, the undersigned members of the American Institute of Architects, have carefully examined the fore- going statement and believe it to be correct. We know the applicant personally, and consider that his work and practice warrant his admission to Membership. (I) (2) (3) |The siRnattirc-S of three Institute members are here required unless the applicant has the unanimous endorsement of his Chapter, in which case certification to that elTcct should be made above by the Secretary. Unanimous endorsement is that endorsement in which eacli Institute member of the Chapter had an opportunity to express himself by letter ballot either for or against the member proposed- No other form of unanimous endorsement wil be accepted.] 194 Appendix T Associate Membership in Chapters and Forin oj Application A. I. A. Document, No. 142 Information Concerning Requirements for Associateship with a Chapter of the American Institute of Architects, with Form of Application 1S57 5 •^OCCCtM^^ The American Institute of Architects Office of the Secretary Thk Octagon House, Washington, D. C. General Requirements Candidates for Associateship shall be residents of the United States who are practicing architects, archi- tects engaged in professional education, or architectural draughtsmen. They shall be required to submit proofs of personal standing and of professional ability as described below. They shall have, or shall show promise of attaining within three years, those qualifications which will make them eligible to membership in the American Institute of Architects at the end of their period of Associateship. Classification of Candidates and Proof of Professional Ability All applications for Associateship with a Chapter of the American Institute of Architects shall be made under one of the two classes indicated below. These classes imply no distinction after election to the Chapter, and are only designed as a matter of information and guidance. gan, Carnegie i...,L.,.utv. ^. » v,^....v^.wgj, ^^i^iai-.y wi ^^minjima, »vasiiuigLuii university, Syracuse uni- versity, the University of Minnesota, and the University of Oregon, and those who have held accredited scholarships of the American Academy at Rome, Columbia University, Cornell University, Pennsylvania Academy of Fine Arts, Washington University, or holders of the Rotch, McKim or Stewardson Scholar- ships, the winners of the Paris Prize of the Society of Beaux Arts Architects or the Alumni Fellowship of the University of Pennsylvania, and those who have passed the qualifying examinations of the Royal Institute of British Architects, or the examinations for the first class of the Ecole des Beaux Arts, shalfbe considered to show promise of eligibility to Membership in the Institute, but must show indications of that personal standing which is required for such admission. Class "B." — Practicing architects and draughtsmen of good personal and professional standing, who cannot qualify under Class "A," shall be required „to submit exhibits of drawings or photographs of executed work, which shall indicate their eligibility or their promise of eligibility to Institute Membership by the expiration of the period of Associateship. Applications must be properly made out in duplicate on this standard form, prescribed by the Institute, and the Duplicate shall be promptly fowarded by the Secretary of the Chapter to the Secretarj- of the Institute upon the election of the candidate to Associateship with the Chapter. ISSUED IN CO.NFORMITY WITH THE AMENDED CONSTITUTION AND BY-LAWS ADOPTED AT THE FIFTIETH CO.NVENTIOS, DECEMBER 6-8, I916. REVISED APRIL 30, MAY I, 2, I9I9. DUPLICATE NoTE: This Duplicate is to filled in and signed by the Applicant; and sent by the Secretary of the Chapter to tlie Secretary of the American Institute of Architects, The Octagon House, Washington, D. C. Standard Form of Application for Associateship With a Chapter of the American Institute of Architects. 19 To the Secretary of the Chapter of the American Institute of Architects, (City and State of Chapter.] Sir: I hereby apply for Associateship with the Chapter of the American Institute of Architects, under class (Insert A or B). I hereby certify that the following statements are correct: Name — — — — Address — -.- - — Place and date of birth Graduate in architecture [Give names of institutions and year. — Evidence of Diploma or Certificate of graduation to be submitted with application.] Holder of Scholarship in architecture - [Give name and year.] Passed the qualifying examinations of the Royal Institute of British Architects, or the examination for the first class of the Ecole des Beaux Arts [state which, and year. — Evidence of Certificate to be submitted with application.] If practicing architect, firm name _ — — Have been in practice...- years If draughtman, employed by [state number of years.] Collegiate and office training I have carefully examined the Constitution and By-Laws of the Chapter with which I am seeking Associate- ship and those of the American Institute of Architects, and the "Circular of Advice Relative to Principles of Professional Practice and Canons of Ethics," and I agree, if elected to Associateship with the Chapter, honorably to maintain them. I further agree, if elected to Associateship with the Chapter, that within three years from the date of such election I will make application for Membership in the American Institute of Architects, under its Constitution and By-Laws then in force; and if I do not become an Institute Member at the end of that period, for any reason whatsoever, I agree that all connection with the Chapter of the Institute of which I may then be an Associate shall, ipso facto, cease and determine. I further agree, if elected to Associateship with the Chapter, or subsequently to Membership in the Institute, that if at any time my Associateship with the Chapter or Membership in the Institute shall cease, either by my own resignation or by any action taken by the Chapter or by the American Institute of Architects, I will then, by that fact, relinquish all rights of any character that I may have acquired in the property, real or personal, of the Chapter or the American Institute of Architects by reason of Associateship with the Chapter or Member- ship in the Institute. [Signature of Applicant.] We, the undersigned Members of the American Institute of Architects, and of the Chapter of the Institute, have carefully examined the foregoing statement and believe it to be correct. We know the applicant personally and consider that his work and practice warrant his election to Associateship with the Chapter. (1) (2) (3) This uniform application blank is issued by the lioord of Directors of the Institute in consonance with the Constitution and By-Laws of the Institute. 196 ORIGINAL Note: This Original is to be retained by thj Secretary of the Chapter, who should detach Duplicate and mail to The Secretary of the American Institute of Architects, The Octagon House, Washington, f). C. Standard Form of Application for Associate-ship With a Chapter of the American Institute of Architects. [to be made out in duplicati;] 19 To the Secretary of the Chapter of the American Institute of Architects, (City and State of Chapter.) Sir: I hereby apply for Associateship with the Chapter of the American Institute of Architects, under class (Insert A or B). I hereby certify that the following statements are correct: Name Address..._ _ Place and date of birth Graduate in architecture Give names of institutions and year.— Evidence of Diploma or Ccrtifieate of graduation to be submitted wi'tli app¥citi^^^^ Holder of Scholarship in architecture. [Give name and year.] Passed the qualifying examinations of the Royal Institute of British Architects, or the examinations for the first class of the Ecole des Beaux Arts [State which, and year.— Evidence of Certificate to be submitted with applicatioaj If practicing architect,' firm name Have been in practice years._ If draughtsman, employed by... ... [State number of years.] Collegiate and office training I have carefully examined the Constitution and By-Laws of the Chapter with which I am seeking Associate- ship and those of the American Institute of Architects, and the "Circular of Advice Relative to Principles of Professional Practice and Canons of Ethics," and I agree, if elected to Associateship with the Chapter, honorably to maintain them. I further agree, if elected to Associateship with the Chapter, that within three years from the date of such election I will make application for Membership in the American Institute of Architects, under its Constitution and By-Laws then in force; and if I do not become an Institute Member at the end of that period, for any reason whatsoever, I agree that all connection with the Chapter of the Institute of which I may then be an Associate shall, ipso facto, cease and determine. I further agree, if elected to Associateship with the Chapter, or subsequently to Membership in the Institute that if at any time my Associateship with the Chapter or Membership in the Institute shall cease, either bv my own resignation or by any action taken by the Chapter or by the American Institute of Architects. I will then by that fact, relinquish all rights of any character that I may have acquired in the property, real'or personal' of the Chapter or the American Institute of Architects by reason of Associateship with the Chapter or Member- ship in the Institute. [Signature of Applicant.] We, the undersigned Members of the American Institute of Architects, and of the Chapter of the Institute, have carefully examined the foregoing statement and believe it to be correct. We know the applicant personally and consider that his work and practice warrant his election to Associateship with the Chapter. (I) (2) (3) „..„ Tbis uniform application blank is issued by the Board of Directors of the InsUtute in consonance with the Constitution and By-Laws of the Institute 197 Appendix U Size and Character of Advertising Matter A CIRCULAR RELATIVE TO The Size and Character of Advertising Matter Intended for Preservation by Architects This circi lar relates to advertising matter intended to give such clear technical information about the thing offered that the Architect may fully understand its nature and, when writing his specification, may describe it with all necessary precision. The Archi- tect desires to preserve this class of matter for refer- ence, but finds the task a difficult one. The American Institute of Architects therefore offers the following suggestions: She. The first difficulty lies in lack of uniformity of size. One thousand pamphlets, folders, etc., recently examined, presented 138 different sizes. It is obvious that the first desideratum is a standard size. Fortunately there is a general consensus of opinion that the best size, all things considered, is that of the standard letter sheet, ^yi by 1 1 inches, the size of the paper on which this circular is printed. This size has the advantage of being readily filed in the standard vertical fihng cabmets now generally in use. The Institute, therefore, urges manufacturers to adopt 83^ by II inches as the size of all catalogues, circulars, etc., intended for preservation by Archi- tects. Tl;e Institute recognizes that, in addition, a smaller standard size might be desirable, but as yet there appears to be no consensus of opinion as to what that size should be; 3^0CCCL-J^^' THE AMERICAN INSTITUTE. OF ARCHITECTS THE OCTAGON HOUSE. "WASHINGTON.D.C. WILLIAM STANLEY PARKER. SECRrT«»» D. EVERETT WAID. TliUSURCII EDWARD C. KEMPER. Executive Secretart Official Institute Documents of a Permanent Nature Titles and Prices The Journal of the American Institute of Architects, Monthly, soc; Yearly, to A. I. A. Members... $3 . 50 Yearly, to Non-Institute Members.. S ■ 0° The Monograph on the Octagon {Thirty Drawings, i3xiS, Photographs and Text) 12.50 The Handbook of Architectural Practice. -. 5.00 The Standard Contract Documents: ■ Agreement and General Conditions in Cover _ General Conditions without Agreement Agreement without General Conditions ■. Bond of Suretyship Form of Subcontract - -- - Letter of Acceptance of Subcontractor s Proposal Cover (heavy paper, with valuable notes) Complete set in Cover. -. VV"Y" Vn ■■.■■..■■.. The Standard Form of Agreement between Owner and Architect {Percentage Basis). A Circular of Information on the Fee Plus Cost System of Charges.... {Explanatory of O'Jiner-Architect Agreement on fee plus cost basis) A Form of Agreement between Owner and Architect {Fee Plus Cost System).. A Form ofAgreement between Owner and Contractor (Coj'iP/fuft'^fia^u) {Not ready until Dec. iQig) Circular of Information Relative to Cost Plus Fee System of Contractmg {Explanatory of Contractor-Oztiner Agreement) {Not ready until Dec. igig) A Circular of Advice and Information Relative to the Conduct of Architectural Competitions..., Standard Form of Competition Program Proceedings of the Convention .Annuary to Institute Members To Commercial Firms... ■.-- -. Circular of Information Concerning Requirements for Institute Membership Circular of Information Concerning Requirements for Chapter Associateship : Constitution and By-laws , v, v Standard Form of Chapter Constitution and By-laws. ... \ Circular of Advice Relative to Principles of Professional Practice, Ihe Canon of t,thics _ Schedule of Proper Minimum Charges Circular Relative to the Size and Character of Advertismg Matter Model Registration Law List of Institute Documents ■14 . 10 .03 .02 ■03 .02 .01 .20 .03 Free $0.03 V^' free Free ?o.oS Free Free $5.00 Free Free Free Free Free $.02 Free Free Free For the convenience of the members of the Institute, and the profession generally, who use in their practice, by reference or otherwise, the various official documents of the American Institute, the above schedule of Titles and Prices is issued. ., , . n-, • On single copies of pamphlet documents postage will be prepaid, otherwise not. 1 he prices quoted in practically every case are to cover the actual cost of printing and handling. The Insti- tute has no desire to make a profit on documents issued primarily for the benefit of the profession. For distinctly educational work, and for Chapter work, no charge will be made for small quanti- ties of documents, except for postage. Requests of this kind should come through the Chapter Secretary or a Committee Chairman. . Communications and remittances should be sent to the Executive Secretary, The Octaeon House, Washington, D. C. All orders are filled on the dav received. \\ iLLiAM Stanley Parker, Secretary. 204 THE LIBRARY UNIVERSITY OF CALIFORNIA Santa Barbara THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW. APR 3 1989 BETURNED DEC 2 2 1i 18 Series 9482 I ^ 1205 00508 8404 ■I /^ •■■■■IBIIM D 000 384 579 9