The contract to employ an architect or engineer, being a personal one, is dissolved by the death or incapacity of the person employed1, and is rendered void for the future, but it is not thereby rescinded ab initio.
Where the architect or engineer is entitled to payment by instalments at particular times2, and dies during the progress of the work, his personal representative will be entitled to recover any instalments due at the time of his death3. Unless the contract is an entire contract with no express, implied or statutory provision for periodic payments
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