Spaulding v. Pardridge

California Court of Appeal Oct 10, 1938 No. Civ. No. 11547Published

Before: Doran

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Holding. The court held that the evidence supported the trial court's findings that there was no agreement between the parties regarding a maximum building cost and that the increased cost of the project resulted from the defendant's own requested changes.

Issues

Whether the evidence supports the trial court's finding that there was no agreement regarding a maximum building cost.
Whether the architect is precluded from recovering compensation due to the increased cost of the building project.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the court found as a fact that there was no agreement between the parties as to cost.”

“the findings are abundantly supported by the evidence.”

DORAN, J. Plaintiff, a certified architect, brought the within action to recover compensation for architectural services performed for defendant in the preparation of plans and specifications for a dwelling. The first two counts of the complaint are based on a written contract between the parties and the third count is on a quantum meruit. Trial was had before the court without a jury and plaintiff recovered judgment, from which defendant appeals. The written contract was as follows:

“April 12, 1935.

“Mr. L. W. Pardridge,

“Los Angeles, California.

“Dear Mr. Pardridge:

“In order that you may understand our method of procedure for rendering architectural services, and payment for same, I submit to you the following schedule. These rates are established here by the Southern California Chapter of the American Institute of Architects.

“For residence work located in the Los Angeles area the fee is ten (10%) per cent of the total cost of the building, payable in the following order: Three (3%) per cent of the estimated cost upon the approval of the preliminary drawings; four (4%) per cent when working drawings are completed; one and one-half (1½%) per cent when plastering is finished; and the remainder when Notice of Completion is signed.

“For your information, our work covers the following detailed services:

“Preliminary sketches including colored perspectives. Working drawings covering all work.

“Specifications of same.

“Scale and full-size details.

“Superintendence and sufficient conferences with owner to insure a satisfactory building. This superintendence covers selection of material, colors, etc.

[660]“In regard to the cost of the building, we will endeavor to prepare for you a budget which will come within your appropriation. This budget will have sufficient elasticity to permit the addition or omission of various materials or items. I wish frankly to state that an architect can in no way guarantee the cost of the building until the drawings and specifications are completed and figured by a reliable contractor.

Spaulding v. Pardridge

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