ARCHITECT AND CONTRACTOR.

Pukekohe & Waiuku Times, Volume 4, Issue 56, 14 July 1915, Page 2

ARCHITECT AND CONTRACTOR.

Referee's Award. Mr John Routly, the referee before whom arbitration proceeding! were, as reported in our last issue, conducted last week in the Pukehohe Courthouse in respect of a building in course ot erection for Mr A. W. Lakeman, in regard to which Mr F. W. Mountjoy, the architect acting for Mr Lakeman, had stopped Mr J. S. Kimber, the contractor proceeding further with the work, has issued his award. The Referee finds that the evidence discloses the principal causes of the delay in completing the work to be: (a) The weakness of, the contractor's financial position, this difficulty being accentuated by the architect's over restraint as to issuing certificates for progress pay* ments; (b) The incompleteness of the architect's principal drawings and the lack of good detailed working drawings, together with the architect's failure to provide some of these detailed drawings until a date later than the time at which be oneiderid the contract determined; (c) Substitution by the architect of ;cme materials for others provided for in the specifications; (d) The withholding of reasonable assistance by the architect in defining the proper position ot the house; (e) the contractor's own errors in departing from some specified requirements.—The referee considers causes A and B as being of major impoitance, and C, D and E as cf only minor importance. Had the architect carried out his professional duties wiih full carefulness and promptitude and with due consideration for the contractor, the Reteree corsiders that possibly the contractor could have completed his work without serious delay. Tfce grave laxity rbown by the architect in failing to supply details for work was in the Referee's opinion fatal to the architect's daerminat on of the contract,. The Referee accordingly decides to give the contractor the opportunity to proceed with the completion of the work provided he can give the Referee satisfactory proof of his ability to complete the work satisfactorily and expeditiously; otherwis? the Referee will determine the contract and cause suitable arrangemsots to be made for (he completion of the work. The Referee also orders each party to pay his own costs and half ot the Referee's tee and cost". In regard to the conditions of contract and specifications not being signed, the Referee held that those documents were tte basis on which the contractor proceeded with the work aid that therefore it was equitall: to accept them as valid.