298. Appointment of architect or engineer.

Where the contract provides that work is to be done under the superintendence of the employer's architect or engineer, and no architect or engineer is named in the contract, the appointment of an architect or engineer is a condition precedent to the contractor's obligation to carry out the work1.

If the original architect dies or becomes incapable the employer is under a duty to the contractor to appoint another, presumably within a reasonable time. It is normally also an implied term of the contract that the architect will discharge the functions for which he has been appointed2, and if he