In the case Griswold and Rauma, Architects, Inc. v. Aesculapius Corp., what were the four factors that were identified by the court as being relevant to a determination of what the effect on compensation of an architect or building contractor should be when the actual or probable cost of construction exceeds an agreed maximum cost figure?
What will be an ideal response?
The first factor is whether the agreed maximum cost figure was expressed in
terms of an approximation or estimate rather than a guarantee. The second
factor is whether the excess of the actual or probable cost resulted from
orders by the client to change the plans. The third factor is whether the
client has waived his right to object either by accepting the architect’s
performance without objecting or by failing to make a timely objection to
that performance. The final factor is whether the architect, after receiving
excessive bids, suggested reasonable revisions in plans which would reduce
the probable cost.
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