Does the contractor have any recourse against the architect?

A contr Show more Massachusetts Bonding and Insurance Co. v. Lentz 9 P.2d 408( Ariz. S.C. 1932) Background: A contractor entered into a written agreement to construct a building according to plans and specifications prepared by the Architect Nolan. It was expressly stipulated that the owner should not be liable for any extras or additions to the contract unless pursuant to a written order signed by the owner or a written order from the architect stating that the owner has authorized the change. The architect orally approved some changes which were performed by the contractor. The contractor seeking to recover for these extras filed a court action arguing that the architect was acting as agent for the owner and therefore the owner was bound by the requests for extras made by the architect. Task: If you were the presiding judge how would you rule in this case and why? Would your decision have been different if the architect had signed the orders and stated that the owner had authorized them? In the latter case would the owner have had any recourse? Explain. Does the contractor have any recourse against the architect? How would the contractor prove that the owner had waived the provision of the contract? Show less

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