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If Contractor :-
(a) xxx xxx
(b) xxx xxx
(c) xxx xxx
(d) xxx xxx
(e) In the opinion of the Organisation/Architect at any time whether before or after the date or extended date for completion makes defaults in proceeding with the work with due diligence and continues in that state after reasonable notice from the Architect and or Organisation or
(f) xxx xxx
(g) xxx xxx"
"130. Whenever the Organisation exercises his authority to cancel the contract under clause 129, he may complete the works by any means at the contractor's risk and expense provided always that in event of cost of completion after alternative arrangements have been finalized by the Organisation to get the works completed or estimated cost of completion (as certified by the Architect) and approved by Organisation being less than the contract cost, the advantage shall accrue to the Organisation. If the cost of completion after the alternative arrangements have been fianlised by the Organisation to get the work completed or estimated cost of completion (as certified by the Architect) and approved by the Organisation exceeds the money due to the contractor under this contract, the contractor shall either pay the excess amount assessed by the Architect or the same shall be recovered from the contractor by other means."

ROLE OF AN ARCHITECT:

An architect plays an important role in execution of a building contract.
In Hudson's Building and Engineering Contracts at page 243, it is stated:
"An architect is a person who professes skill in the art of designing buildings to meet his client's need, in the organization of the contractual arrangements for their construction, and in the supervision of work and contractual administration until final completion. So a major part of an architect's activities will be concerned with the preparation of contracts, the obtaining and recommending for acceptance of estimates from builders, the selection of specialist contractors, the inspection of work carried out, the solution of difficulties encountered during the course of erecting the building, condemning and dealing with defective work, the issue of certificates under the terms of the contract and advising or ruling on disputes between the owner and the contractor. Thus it will be seen that although it is the primary and vital function of the architect to create new ideas of amenity and design and to set down those ideas on a drawing-board, his duties extend far into other fields of technical knowledge and business management. On the other hand, while he will remain primarily responsible to the owner for all matters of design, modern techniques of construction and specialized building products and processes in fact demand expertise and skill for which he will inevitably not always be personally qualified. The employment of outside consultants or the less satisfactory (from the legal point of view if the employer's interest is to be properly protected) device of delegating important design functions to specialist and sub-contractors and suppliers, are therefore a frequent and inevitable accompaniment of many major building projects but, as will be seen, the architect is the "captain of the ship" and will be the person to whom the owner will normally look if a design failure occurs, though in some, but not all, cases he will adequately discharge his own overall responsibility if he exercises due professional care in referring matters outside his own expertise to a consultant or specialist supplier or contractor, particularly if these latter are engaged on behalf of the owner and not by the architect himself."
27. It is hereby mutually agreed and accepted that the services of the Architect M/s Dulal Mukherjee & Associates, with immediate effect shall be controlled by the Organisation and the payments due to the Architects will be made by the Organisation direct. For making this payment an amount calculated at Rs.6.00 per sq. ft. of built up area as per para 16(d) above shall not be released by the Organisation to the Company. The payments due to the Architect for his architectural services shall be released by the Organisation in terms of separate agreement entered by the Organisation with M/s Dulal Mukherjee & Associates, the Architects. For the Architectural Services rendered by the Architect upto the signing of this agreement, the Company is fully responsible for any omissions and commissions. For all architectural services after the signing of this agreement, the Organisation will take the responsibility. The Company has paid a sum of Rs.5.00 lacs as adhoc advance to the Architect. This amount shall be reimbursed by the Organisation to the Company and shall be adjusted against the total amount payable to the Architects by the Organisation."

7. Please acknowledge."

Despite the fact, by reason of the contract agreement the services of the architect were placed solely at the disposal of AWHO, it purported to have entered into another agreement wherein Sumangal was not a party on or about 24th February, 1992 wherein the responsibility of the architect was defined as under:

"12. Architects Responsibilities. Except to the extent otherwise stipulated in this agreement, the responsibility and services of the Architect shall include the responsibilities and obligations of Architects as laid down by the Indian Institute of Architects (except net liability and net schedule of payments) and will particularly include the following obligations of the Architect :-