Civil Engineering Reference
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contractor making a claim at common law in such cases, basing the claim on a breach of
contract by the employer and claiming damages. Such action has received judicial bless-
ing. 26 Thearchitectcannotdealwithsuchclaims,becausetheyareoutsidethecontractma-
chinery. They must be handled by the employer. If the architect receives such a claim, it
mustbeforwardedtotheemployerimmediately.Thearchitectshouldrefrainfromexpress-
inganyviewabouttheclaimunlessconsultedbytheemployer.Theoretically,theemployer
should deal with the matter byseparate legal advice and, if appropriate, pay the money dir-
ectly to the contractor without an architect's certificate.
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