Willner & Millkey v. Shure

Evans, Judge.

The material parts of the contract involved here are as follows: "The owner agrees to pay the architect for such services a fee of 7% per cent of the construction cost of the project, with other payments and reimbursements as hereinafter provided, the said percentage being hereinafter called the basic rate.”

Paragraph 5 of Item (C) of the contract refers to payments thereon as follows: "Payments to the architect on account of his fee shall be made as follows, subject to the provisions of Article 4: Upon completion of the preliminary studies, a sum equal to 25% of the basic rate…