An architect or engineer will be liable to the contractor if he acts fraudulently to the contractor's detriment, whether in preparing drawings1 or in refusing to certify or in certifying dishonestly and whether in collusion with his employer or not2. He will similarly be liable if fraudulently he falsely asserts that he has authority to order additional work3.
The architect cannot excuse himself from liability for fraud by alleging that he merely acted as the agent of his employer, for all persons directly concerned in the commission of a fraud are to be treated as principals, and a contract of
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