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ARCHITECT'S FEES.
MR. CROUCHER SUED BY MR. BOURNE.
ACTION OVER HOUSE PLANS,
of the type indicated in the plan in ques-. tion. He replied that it depended on. the locality but that it could hardly be put up under 800.000. Asked whether it would be possible to crect it" for! 830,000 witness replied that it would be impossible.
Asked what was his opinion with re- sard to the 11 per cent. charge for LENGTHY COURT PROCEEDINGS. architect's fees for abandoned work,
witness said that it was in his opinion. a reasonable, proper and usual one. I Was a quarter of the usual scale of charges for work which was actually put in hand.
Give me a chance, and I'll show you what I can do?" were, according to Mr. N. V. A. Croucher, broker, of Messrs. Benjamin & Potts, the words used to him by Mr. H. H. Bourne, an architect of Prince's Building, when they were discussing the building "of a house at Wanchai Gap The house was to be built for Mr. Croucher, and a design was made by the architect. Although plans were made, the bouse was not built. and Mr. Croucher refused to pay the architect's, fee demanded by Mr. Bourne.
As a result, Mr. Bourne sued Mr. Croucher for 8000, before Mr. Justice Wood at the Summary Court yesterday.
Mr. F. C. Macnamara represented plaintiff, and Mr. M. M. Watson, defen dant.
"
Witness was further asked if the plan submitted could in fact be called a sketch design. His reply was that a sketch design should, strietly, contain the height of rooms, a section through the building and a sketch showing the type of elevation. But so long as it was sufficient for the architect himself to arrive at these figures then it was a sketch design.
In answer to another question witness said that the sketch design need not necessarily show the depth of founda- tion. Conditions varied slightly in a place like Hongkong. The position of the site might not be decided when a sketch plan was produced, here.
Witness replied that he could and he had no doubt but that the architect when he prepared the plen could also approxi mate it.
AN INADEQUATE OFFER.
Mr. Watson commented tant, the In opening, Mr. Macnamara said that defendant had paid $150 into court, but R.LB.A provided for approximate cost plaintif was unable to accept it as it by "cubic measurement or otherwise, was totally inadequate. In June last Witness could not on the plan which had rear Mr. Croucher contemplated build. been submitted by Mr. Bourne, approxi ing a house on an eminence near Wannate the cubic contents. chai Gap, and had bought a plot of land from the Government for that pur. pose. On July 25th, Mr. Croucher de tailed his requirements, and instructed
On being asked whether he would have Mr. Bourne to draw up a preliminary charged $500 for similar work, witness sketch plan. On August 8th, the parties replied that it was an unfair question. met again Mr. Bourne had drawn up He added that he thought the charge two plans, one house being estimated at siderable time must have been spent in *00,000, and the other at $50,000. Mr.thinking it out. Croucher chose the .260,000
Mr. Bourne gave evidence, as intlized house,
by his solicitori "although he thought the figure was rather marn than he wished to pay. He took the plan away with him, and had retain- ed it up to the present time.
MR. CROUCHER'S DOUBT.
reasonable in view of the fact that con-
•
MR. CROUCHER'S EVIDENCE. Mr. Croucher stated in evidence that for the purpose of building a house he had bought a plot of land on Mount Cameron. He was later approached by Mr. Bourne who offered to erect a house for him. He told Mr. Bourne. in July that the house should not cost more than between $30,000 and $15,000.
In the following month, Mr. Croucher told Mr. Bourne that he doubted whether he would authorise the building to go -on-ut-once-but-instrected him to make out the working drawings of the plans.
Letters between the parties were read, the first being from Mr. Bourne to Mr. Croucher following the last interview,, Mr. Bourne said he would proceed at once with the drawing and specifications and would submit further sketch draw. ings of plans and elevation before the Witness had replied that he had по work was too far advanced. On comple-intention of spending $80,000, and that tion he would give an estimate of cost. The architect's fees would be 5 per cent. of the estimated cost of building and In additional 2 per cent. when every thing was ready for the building to pro-
|
produced a plan of the proposed house. Nothing was said about the actual price then, Mr. Bourne remarking that owing would actually cost. He mentioned the to the strike, he did not know what it price for the first time to witness some- time in September. He then said that the house might cost about 800,000.
NO INSTRUCTIONS.
At a second interview, Mr. Bourne
ceed.
In his reply the following day, Mr. Croucher said that he and Mrs. Croucher had been talking the matter over and they had decided that it would be better to wait a little longer before definitely committing themselves to the building Mr. Potts would be returning from Eng land shortly, and it was possible that plans previously made might be uoset. The letter stated that it was Mr. Croucher's intention to build, but he preferred to see his way clear first.
any
"A PIECE OF PAPER.”
40,000 was the most he was prepared to pay Witness had not given him any instructions to go ahead. He had re- fused to do so because Mr. Hource had not given him a definite price.
Cross-examined by Mr. Macnamara, Mr. Croucher said he had heard Mr. Little say in evidence that the house would cost $80,000.
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If you could pay over $3,000 on land, you could pay.8500 architect's fees. You knew Mr. Bourne would be satisfied.-] took that plan to Leigh & Orange, and they said it was worth $50.
His Lordship (to witnesa) Did you not think you were under some oblig August and keeping them until the pre- tion by getting Mr. Bourne's plans in sent time-Perhaps I was, but he sub- mitced plans to me which were not
used.
You kept them a long time.-Yes, but when he showed the plans to me, I said I like them very much," but he, could not cstimate the cost. Mr. Bourne said to me "Give me a chance, and I'll show you what
can do."
Replying to another question put by his Lordship, Mr. Croucher and that he had never given Mr. Bourne instruc- tions to draw up the plans,
NIGHT TENNIS IN HONGKÒNG.
BALL ALWAYS IN SIGHT.
EFFECTIVE LIGHTING.
To test the possibilities of the illu rainated..court, which was installed Inst wees at the Queen's Gardens, a repre considerable experience in the game, had sentative of the Daily Press, who has a try out, by courtesy of, and with Mr. E. it. Davey, the Hon. Secretary and “two other mYZ9NOTTE."
Our
representative partnered Mr. O'Connor and played Mr. Dovey and Mr. Kill two sets. He found that' tennis at night, is as easy as during the day, with the exception that judgment regarding the flight of the ball is harder.
The ball was never lost sight of and he could follow it well even in close and inst met play. The only defect was that the ball did not appear so discernible between the net and baseline, but, with WAS ITA-TENDER)~-~~
improvement in the placement of the Mr. Watson said that bis Lordship lights, this could be remedied. The would have to find from the evidente players had the same feeling of can- Croucher in the nature of a tender. whether the plans were given to Mr..ndence in their strokes and in their
been kept for twelve months.
His Lordship remarked that they bad
movements about the court as during day time. The black background formed a perfect screen for the tennis balls.
that 31. Dovny stated.
the idea Mr. Watson replied that had they been asked for, Mr. Croucher would have re-originated among the members and that turned them.
it was not imported or hinted to them.
He and his fellow members deserve the ask for their return by letter. "His Lordship: But Mr. Bourne did
congratulations of the tennis public.
..
Mr. Watson replied that Mr. Croucher had then certainly overlooked it. He was more concerned with Mr. Bourne claiming such a large fee."
ICE HOUSE-STREET UPSIDE DOWN."
4
TENNIS LEAGUE. *- K.C.C. TEAMS FOR TO-MORROW.
The following will represent the E.C.C. to-morrow, at 4.30 p.m.-
"A team v. C.R.C—S. E. Green and E. C. Fincher; Thomas Lay and N. Trambitzky; C. E. Millard and E. F. Fincher.
Continuing, Mr. Watson said that t His Lordship, interrupting, said Mr. the time the strike was on, and Ice Little had based his figures on certain House Street was rather "upside down," heights, somewhat different from those Mr. Croucher had something else to C" team. Hongkong C.C.-R. E. estimated by Mr. Bourne. Two architects think about. The design had been Lindsell and E. Abraham; A. Lecot and had given him the same figures, and drawn on a piece of paper. At that C. H. Atkins; D. J. Purves and A. J. although prima facie they were the time, Mr. Bourne left the P.W.D. and same, they would have to be estimated went around to get something to do. All proportionally.
he could say when he saw Mr. Croucher was: ** Give me a chance, and I will show you what I can do."
rot Bo. Moreover, directly the plan was put to him, he said that it was not a sketch design.
Pederson.
-INTERPORT TENNIS.-
ALLEGED CHANGE OF FRONT.
TIENTSIN, SHANGHAI AND Further questioned by Mr. Macnamara, That was as far as any contract bed
WASEDA UNIVERSITY. Mr. Bourue did not take further Mr. Croucher agreed that on September been entered into between the parties, action, continued Mr. Macnamara, until 19th Mr. Bourne wrote to him suggesting added Mr. Watson. He further contend- February of this year, when he endea-going ahead with the plans which had ed that Mr. Bourne's claim for remune-Japan are sending tennis, teams to Shanghai and the Waseda University, voured to come to an arrangement,where-been prepared.*.
ration was unreasonable. It was even Tientsin to meet, the local players. by he might be paid for work already Mr. Macoamara: You never said any contrary to the rules of the R.I.B.A., done.
Tientsin have chosen Mr. O. D. Ras- thing at all when he asked you to return which, however, were not applicable to mussen, Mr. J. S. McEachran and Mr. On February 4th, he had an interview the sketch of the plan. You merely said the case. Mr. Little had come to Court Omar Rumjahn to represent them in the with Mr. Croucher in the course of that owing to your private circumstances prepared to any that it was covered by singles and Messrs. Rasmussen and Me which the latter was of opinion that in you were not building then. I did not these rules, but had agreed that it was Bachran and Messrs. Omar and M. Rum dealing with professional work of this return the plan, because I must have
ahn to represent them in the doubles.. kind very little has been done. Al overlooked it.
The selections were made after all of the that he (Mr. Croucher) had received was
clubs, and all of the match play material a piece of paper. Mr. Croucher dia
ABSOLUTELY UNREASONABLE in Tientsin had been thoroughly combed not at that interview seem to realise that the piece of paper" represented the
Mr. Bourne had said he had spent the medium of
by the Tournaments Committee, "through scries, of trial matches devotion of a great deal of thought in Mr. Macnamara explained to His Lord week's work on that it. If his fees were
which has been going on day after day preparation, commented Mr. Macnamara. ship that in his reply to Mr. Bourne so high, he would be earning $4,000 for the past ten days ander the close This brought them practically to the on that occasion, witness had not re- That would be absolutely unreasonable. supervision of Mr. A. Morse, chairman, end of the story. The rest of the pudiated anything which Mr. Bourne One hundred and fifty dollars would be and the members of the committee. negotiations, he was sorry to say, being claimed to have done for him.
The choice that gave the committee the " simply endeavours on the part of Mr. Witness further stated in reply to Mr.mple remuneration for the work.
M: Macnamara said he depended greatest amount of trouble was the selec Bourne to obtain what he considered his Macnamara, that when he had decided mostly on the letters which had passed tion of the second doubles pair, and the rightful fees and "various evasions" on to build he asked for a house for between the parties. Mr. Bourne bad honour was won by the Rumjahn bro. Mr. Croucher's part with regard to $40,000.
mado his case clear all along. It was paying. He practically said at first that he could pay nothing but he afterwards offered 8150 which was refused.
A letter subsequently written to Mr. Croucher by Mr. Bourne in which be suggested Mr. Croucher paying $100 a month until the tool-charges were defray ed" was referred to.
wia
Your letter does not convey any of the defences which your solicitors raise now. Can you explain it I told Mr. Bourne verbally.
day.
You did not say that in your letter a perfectly good design, and Mr. Little thers, says the North China Star, in
one of the finest exhibitions of tennis. Neither did Mr. Bourne say in that had agreed that it was so. Mr. Little that has been seen in Tientsia for many, letter anything about 80,000. I told was an independent witness, When the him that as he was certain regarding the defendant had refused to pay plaintiff, cost, I would not have it built.
the latter had suggested arbitration, and On being referred to another letter, to leave it to Mr. Little. Mr. Croucher agreed that he had not |---- replied to it..
DONE NOTHING.".
#
CHEAPER DECISION.
Me Macnamara, concluded by Kaying
Mr. Watson: We objected to it be that the fees charged wore in accordance
cause the arbitration fee would cost $500, with the scale laid down by the Royal Mr. Macnamara: Would it not have and we decided to come before "your Institute of British Architects. His been reasonable for you as a business Lordship. because it was cheaper. client, could hardly put this forward as man to have replied that you wanted a (Laughter.) binding but it gave his Lordship, an house for $40,000, and as he had pre- Continuing, Mr. Macnamara said that inkling as to what a reasonable charge pared, plans for a 360,000 house, you professional charges, such as doctors'. could not accept it-Mr. Bourne asked and dentists' were always considered to "A REASONABLE CHARGE.!! for something on account on his plane, be high.
and I told him he had done nothing. 1 Mr. Colbourne Lattle was called by said I would give him 8100 and nothing plaintiffs with regard to what were more.
n ‛' reasonable charges for the work in ques- When you received a letter taxing you tion. Witness, who has been a Fellow with a debt of 8000, why did you not of the B.I.B.4. since 1907 and engaged reply to it 1-I told him verbally.. in professional and achitectural work in How much have you spent on the the Colony for 20 years, was asked what ground where you intended building your I would be the probable cost, of a house house 1-85,300, and I pay taxes.
Mr. Watson: And lawyers'? Mr. Macnamara Oh, lawyers, they are provervially so. (Laughter.)...
In conclusion, Mr. Macnamara rub mitted that not until the case had come to Court, bad Mr. Croucher said that what passed between him and Mr. Bourne were merely tentative offers.
His Lordsbip reserved judgment.
AUSTRALIANS AT BIRMINGHAM.
PONSFORD HAS ANOTHER CENTURY.
THROUGH REUTER'S AGENCY.]
LONDON, August 4th." Warwickshire were in the field all day against the Australians at Birmingham, and when stumps were drawn the visitors. had hit up 417 runs for the loss of eight wickets.
Favourable weather attracted fifteen thousand spectators, and the wicket was good and on the hard side.
H. L. Collins appeared as captain sad he won the toss.
W. H. Ponsford was the leading Austra lian scorer. He hit up 144 before being defeated. W. M. Woodfull scored 51.
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