Motion Picture Herald (Mar-Apr 1945)

rotection Against •amcge Suits Due 0 Building Defects {Continued from page 10) reed to furnish all the materials and perform the work included in the specifications and F^own in the drawings. Later a portion of the ilding collapsed because the iron columns jsre erected on plates placed on the center ill, instead of on piers built up from the undation. Certain injured persons brought suit against e building owner for damages, and based the It upon his failure to employ an architect supervise the work. The owner contended at he was not liable because he had employed architect to prepare the plans and specifica>ns, and also had employed the real estate oker to supervise the work. In view of this j) ftimony, the court held the building owner »Ut liable. > Therefore, it is quite apparent that a theatre -rner is not liable in damages for injuries ..suiting from faulty construction, where it is J town to the satisfaction of the court that he lployed a competent architect to prepare the ans and specifications, and the injury resulted m unfaithfulness, or negligence, on the ■ rt of a competent supervisor other than the Bchitect. Critical provisions of construction contract It is important to know that all higher urt decisions in this classification previously ndered in favor of theatre owners are based imarily upon testimony that the theatre -ner did not control the architect or person ^..lployed to supervise the construction, repair i ■ alteration work. This same law is applicable ■W contractors. '.'Another important point of law is that a :e;eatre owner who employs a competent con-ictor to perform simple alterations or repair prk, need not employ an architect ; but such theatre owner is safe from liability if he 1 ploys a competent and reasonably exrienced contractor who is paid a stated sum r completing the job, and the theatre owner \(rains from controlling or directing the ntractor, or his employes, regarding perrmance of the work. ■{Also, a theatre owner may go far to relieve — Tiself from liability by inserting into the 'itten contract a clause to the effect that ? contractor assumes full liability for all Juries to persons and property resulting from > negligence. Although such a clause is amzuous, modern higher courts hold that the itent" of the contracting parties when the mtract was signed is the important considerain when deciding a litigation. -HFor example, in Coley v. Cohen (45 N. E. d] 913) reported only a few weeks ago, it as disclosed that a contractor entered into a itten contract to perform certain work ac;rding to plans and specifications. An im'rtant clause in the contract stated that the ntractor would indemnify the owner against ly and all claims for injuries to persons and operty arising from performance of the Jn tract. In a subsequent suit the contractor conided that an. injured person must sue the PROJECTOR PARTS The most modern inspection devices guard the quality and precision of LaVezzi parts. Guaranteed interchangeable. Available through Independent Theatre Equipment Dealers everywhere. LaVezzi Machine Works TO THEATRE PLANNERS! YOUR COPY is waiting at your nearest National branch. s4d6 fin it! A NEW EDITION OF . . . National Theatre Supply's PROJECTION ROOM PLANNING BOOK • This book has been designed to aid Theatre Owners, Architects, Contractors and Engineers in planning postwar projection rooms which will assure greatest operating efficiency of Projection and Sound equipment in both new and remodeled theatres. • Many new features — floor plans — wiring diagrams— illustrations of essential Projection and Sound-equipment. NATIONAL — THEATRE SUPPLY of Holion.l . Sinpl.i .Slodworth.lii I iTTER THEATRES. MARCH 3, 1945 21