470. Liability for fraud and secret commissions.

Any fraudulent or dishonest act on the part of an architect or engineer in relation to his employment will render him liable to his employer, who may rescind the contract and, if he has suffered loss, claim damages1. In particular such liability will arise if the architect or engineer receives a secret commission from the builder2 and whether such act results in loss to the employer or not it justifies the dismissal of the architect or engineer, who must pay over any money so received to the employer, for an agent cannot retain secret profits made at his principal's