Poskus v. Braemoor Nursing Home, Inc.

The plaintiff appeals from a judgment that a promissory note for an architect’s fee in excess of that set out in a Federal Housing Administration (FHA) form (a so called "FHA Owner-Architect Agreement”) is unenforceable. The defendant appeals from a judgment dismissing its counterclaim for $21,480 in alleged overpayments to the architect. Under a contract signed in 1967 the plaintiff was to perform architectural services for Braemoor Nursing Home, Inc., for a fee of ten per cent of the construction cost, or approximately $120,000. In *897order to obtain FHA-insured financing, in 1969 the owner…