Where the contractor has agreed to pay a commission to any agent of the employer in order to secure the acceptance of a tender, the employer may rescind the contract1 and may sue the agent for any commission received and for damages2. He may also sue the contractor for damages3.
The employer may dismiss an architect who agrees to accept a secret commission from a contractor and can refuse to pay the architect's fees4. It is a breach of his terms of engagement for an architect or surveyor to have any financial relationship with the contractor unknown to the employer
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