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232 CONSTRUCTION LAW
== FOR DESIGN PROFESSIONALS,
=) CONSTRUCTION MANAGERS,
AND CONTRACTORS

JUSTIN SWEET @ MARC M. SCHNEIER

 CONSTRUCTION LAW
FOR DESIGN PROFESSIONALS,
CONSTRUCTION MANAGERS,
== AND CONTRACTORS

JUSTIN SWEET
John H. Boalt Professor of Law Emeritus
University of California (Berkeley)

MARC M. SCHNEIER
Attorney Editor, Construction Litigation Reporter

with
BLAKE WENTZ
Associate Professor and Director of the Construction
Management Program
Milwaukee School of Engineering

2% CENGAGE
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os CENGAGE
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Construction Law for Design © 2015 Cengage Learning
Professionals, Construction Managers, WEN: 02-200-208
and Contractors
Justin Sweet, Marc M. Schneier, with ALL RIGHTS RESERVED. No part of this work covered by the copyright
Blake Wentz herein may be reproduced, transmitted, stored, or used in any form
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1234567 18171615 14
To my wife, Sheba
—lJustin Sweet

For Lisa, my favorite designer

—Marc M. Schneier

To my fiancée Nadya
—Blake Wentz
Preface
About the Authors
Part A: A Legal Framework of the Design and Construction Process
CHAPTER 1 ‘American Legal System
CHAPTER 2 Forms of Business Association and Employment
CHAPTER 3 Contracts: From Formation to Breach
CHAPTER 4 Remedies for Contract Breach: Focus on Construction Disputes
CHAPTER 5 Torts: Legal Relations Not Arising from Contract
CHAPTER 6 Regulation of Land and the Construction Process

Part B: The Main Actors: The Owner, Constructor, and Design Professional
CHAPTER ‘The Project Participants: Focus on the Owner, Prime Contractor, and Construction Manager
7
CHAPTER Licensing of the Design Professional, Contractor, and Construction Manager
8
CHAPTER The Design Professional-Client Relationship
9
CHAPTER Professional Design Services: The Sensitive Client Issues and Copyright
10
CHAPTER Design Professional Liability
11
CHAPTER Defenses to Claims of Design Professional Liability
12
CHAPTER Ethics
13
Part C: Project Delivery Methods
CHAPTER 14 Project Organization, Pricing, and Delivery Methods
CHAPTER 15 Public Contracts

Part D: Performance Disputes

CHAPTER 16 Performance Disputes Overview: Claims and Defenses to Liability for the Owner and Prime Contractor
CHAPTER 17 Contractor Payment and Project Completion
CHAPTER 18 Changes: Complex Construction Centerpiece
CHAPTER 19 Subsurface Problems: Predictable Uncertainty
CHAPTER 20 Time: Project Scheduling and Delay Claims
CHAPTER 21 The Subcontracting Process: An “Achilles Heel”
CHAPTER 22 Terminating a Construction Contract: Sometimes Necessary but Always Costly
Part E: Risk Management and Dispute Resolution
CHAPTER 23 Apportioning or Shifting Losses: Contribution and Indemnity
CHAPTER 24 Insurance
CHAPTER 25 Surety Bonds: Backstopping Contractors
CHAPTER 26 Claims and Disputes: Emphasis on Arbitration
Appendices
Glossary
Reproduced Case Index
Subject Index
Preface
About the Authors FORMS OF BUSINESS ASSOCIATION
Part A: A Legal Framework of the AND EMPLOYMENT 17
Design and Construction Process 1 Scenario 7
2.1. Forms of Business Associations: Overview 18
Ly &58#=—=—l 2.2 Sole Proprietorships 18
AMERICAN LEGAL SysTEM 3 23 Partnerships 18
Scenario 3 Introduction 18
1.1 The Importance of Law 4 Fiduciary Duties 19
1.2 The Federal System 4 ‘Authority of Partner 19
Liability of Partnership and individual
1.3 Constitutions 5 Partners 19
5 2.4 Corporations 20
1.5 The Executive Branch and Administrative Introduction 20
Agencies 6 Personal Liability of Directors and
1.6 Courts: Common Law and the Concept Officers: Piercing the Corporate Veil 20
of Precedent 7
2.5. Professional Corporations, Limited
1.7 Courts: The Judicial System 8 Liability Companies (LLC), and Limited Liability
Federalism and the Court System 8 Partnerships (LLP) 21
Trial Courts 8 26 Joint Ventures 22
Appellate Courts 8 27 Unincorporated Associations 22
Public Contracts 9 2.8 Loose Associations:
1.8 The Litigation Process 10 Share-Office Arrangement 22
Hiring an Attorney: Role and 2.9 Professional Associations 23
Compensation 10 2.10 Forms of Employment: Introduction 23
The Parties 10 2.11 The Agency Relationship 24
Pleadings 10
Pretrial Activities: Discovery "
2.11A Introduction 24
Pretrial Dismissal u 2.11B Policies Behind Agency Concept 25
Trial u 2.11C The Principal-Agent Relationship 25
The Cost of Litigation 2 2.11D Agent Binding the Principal: Actual
Versus Apparent Authority 25
Enforcement of Judgments 2 Actual Authority 26
1.9 Non-Public Sources of Law 12 Apparent Authority 26
Contracting Parties 2 2.11E Disputes Between Principaland
Publishers of Standardized Documents 1B Third Party 26
Restatements of the Law B 2.11F Disputes Between Agent and
1.10 International Contracts B Third Party 26
Review Questions 14
vi CONTENTS

2.12 The Employment Relationship 27 3.7 Contract Breach

2.12A Workers’ Compensation 27 3.7A Definition

Bas
2.12B Employee Leasing Companies 28 3.7B Material Breach
2.12C Unions and Labor Disruptions: The 3.7C Future Breach: Prospective Inability
Picket Line and Project Labor Agreements 28 and Anticipatory Repudiation

3
2.13 Independent Contractors 30 Review Questions
Review Questions 31 Endnotes
Endnotes 32
L CHAPTER 4
Esi | REMEDIES FOR CONTRACT BREACH:
ConTRACTS: FROM FORMATION Focus ON ConstRuctION DispuTES 53
TO BREACH 35 Scenario 53
Scenario 4.1 Introduction 54
3.1 Relevance 4.2 Types of Remedies for Contract Breach:
3.2 The Function of Enforcing Contracts: Overview 54
Freedom of Contract 43. Specific Decrees and Declaratory Judgments 55
3.3 Contract Formation 4.4 Money Awards 55
3.3A Definitions Compensatory Damages 55
3.3B Mutual Assent Benefit of the Bargain 55
Objective Theory of Contracts Reimbursement 55
Offer and Acceptance Restitution 56
3.3C Consideration and Its Substitute: Interest 56
Promissory Estoppel Attorneys’ Fees 56
3.3D Reasonable Certainty of Terms Litigation Costs 56
3.4 Defects in Contract Formation Emotional Distress and Punitive Damages 56
3.4A Defects Affecting Mutual Assent 45 Limits on Recovery 57
Fraud, Misrepresentation, and Duty Causation 57
to Disclose Certainty 57
Mistake Foreseeability of Loss 57
Unconscionability Mitigation 57
Economic Duress Lost Profits 58
3.48 Defect in Formal Requirements: Need Contract-Specified Remedies 58
for a Writing 4.6 Damages Specific to Construction Disputes:
Statute of Frauds Introduction 59
Homeowner Contracts 4.7 Contractor Versus Owner 59
3.5 What Is the Contract? 4.7A Project Never Commenced 59
3.5A Contract Completeness and the Parol 4.78 Project Partially Completed 59
Evidence Rule 4.7C Project Completed 60
3.5 Judicially Determined Terms Site Chaos and Productivity 60
SRGSGSEGERES

Implied Terms Actual Cost and Recordkeeping 61

Custom Extended Home Office Overhead:
Legal Requirements: Building Codes Eichleay Formula 62
Good Faith and Fair Dealing Productivity Loss Preferred Formulas:
Summary ‘Measured Mile and Industry Productivity
Studies 63
3.6 Contract Interpretation Total Cost 63
Basic Objectives Jury Verdict
Language Interpretation
 CONTENTS

48 Owner Versus Contractor 5.6 Premises Liability: Duty of the Possessor

4.8A Project Never Begun of Land 82
4.8B Project Partially Completed 5.6A Relevance 82
4.8C Defective Performance: Correction 5.6B Traditional Rule Based on Status 83
Cost or Diminished Value? Passersby 83
48D Delay Trespassing Adults 83
49 Single Recovery Rule: Claims Against Multiple Trespassing Children 83
Defendants Licensees 83
4.10 Owner/Design Professional Claims Invitees 83
Review Questions 5.6C Modern Rule and Restatement (Third)
Endnotes of Torts

Bee
5.6D Defenses to Premises Liability
=— —t—“‘ ‘ (‘OCCC((C(CSW 5.7 Employment of Independent Contractor
Generally 85
Torts: LEGAL RELATIONS Nor
Independent Contractor Rule and Its
ARISING FROM CONTRACT 71 Exceptions
Scenario 71 5.8 Products Liability

SRRRE
5.1 Relevance to the Construction Process 72 Strict Liability
5.2 Tort Law: Introduction 72 Third Restatement
5.2A Definition 72 Defenses to Products Liability
5.28 Function 2B Services Contracts 88
5.2C Threshold Classifications 74 5.9 Tort Remedies 88
5.3 Negligence: The Societal Concept of Compensatory Damages 88
Reasonable Conduct 75 Punitive Damages 89
5.3A Elements of Negligence Claim 75 5.10 Limits on Tort Liability for Pecuniary Losses:
5.3B Standard of Conduct: The
The Economic Loss Rule 89
Reasonable Person 75 5.10A Introduction 89
Explicating the Standard 75 5.10B Development of the Economic
Violation of Statutes and Administrative Loss Rule 90
Regulations 76 5.10C Permutations of the Economic
Factual Versus Legal Issue 76 Loss Rule 1
53C Duty 7 Varying Tests 1
Changing Tests for Finding a Duty of Care 7 Design Professionals 1
Limits on Duty 7 Hazardous Defects and Prophylactic
5.3D Causation 79 Repairs 92
Property Damage 92
5.3E Protected Interests and Emotional Statutory Developments 93
Distress 79
5.3F Defenses to Negligence: Assumption Review Questions 93
of the Risk and Contributory Negligence 80 Endnotes 93
‘Assumption of the Risk 80
Contributory and Comparative Negligence 80 [CHAPTER 6
5.3G Claims Against Government REGULATION OF LAND AND THE
Defendants 80 CONSTRUCTION PROCESS 97
5.4 Mistepresentation 81 6.1 Regulation: A Pervasive Presence 97
Intentional or Negligent 81 6.2 Limits by Private Action: Rest
Representation or Opinion 81 Covenants in Subdivision Developments 98
Reliance 81 6.3 Protection of Neighboring Landowners 98
Person Suffering the Loss 82 Soil Support 98
5.5 Interference With Contract or Prospective Drainage and Surface Waters 98
Advantage 82 Easements for Light, Air, and View 99
vill CONTENTS

6.4 Zoning: The Mechanism for Land Use Control 7.2D Authority Problems: Public Owners 19
6.4A Euclidean Zoning: The Premise 7.2E Foreign Owners 19
of Local Control 7.3 The Design Professional 119
6.4B Societal and Environmental Concerns 7.4 The Prime Contractor 120
6.4C Constitutional on Land Use 7.44 An Industry Overview 120
Controls 100 7.4B Independent Contractor Status 121
6.35 Environmental Law 102 7.4C Soil Conditions: The Common
6.5A National Environmental Policy Act Law Rule 122
(NEPA) 102 7.4D Responsibility for Subcontractors 123
6.58 Superfund: Comprehensive 7.4E Acceptance Doctrine 124
Environmental Response, Compensation, 75 Construction Management 124
and Liability Act (CERCLA) 102
Overview 102 7.5A Reasons for Construction
Management 125
Construction Industry Participants 103 7.5B Types of Construction Management 125
Brownfields 103 7.5C Construction Management:
6.5C State Law 103 Legal Issues 126
66 Regulation of the Design Content The Owner/CM Relationship 127
and Construction Process 104 Rights and Liabilities of theCM 128
6.6A Permits 104 7.SD Impact on Project Organization 129
6.68 Building Codes 104 7.6 Project Funding: Spotlight on Lender 130
6.6C Building Inspections 105 7.7 Insurers 132
67 Safety 106 7.8 Sureties 132
6.7A State Safe Workplace Statutes 106 Review Questions 132
6.78 Occupational Safety and Health Laws 107 Endnotes 133
6.7C Tort Law 108
Independent Contractor Rule 108 EMG
2 2 8 8 @ ————
Premises Liability 108 LICENSING OF THE DESIGN PROFESSIONAL,
Review Questions 109 CONTRACTOR, AND CONSTRUCTION
Endnotes 109 MANAGER 137
Part B: The Main Actors: The Owner, Scenario 137
Constructor, and Design Professional 111 8.1 Introduction 137
82 Public Regulation: Justifications and
MUG Criticisms 138
‘THE PROJECT PARTICIPANTS: Focus 8.3 Administration of Licensing Laws: Agencies,
Admission, and Discipline 139
ON THE OWNER, PRIME CONTRACTOR, AND 8.3A Licensing Agencies 139
ConsTRUCTION MANAGER 113 8.3B Admission to Practice 139
‘Scenario 113 8.3C Postadmission Discipline: Duncanv.
7.1 The Basic Contracts: Private Ordering Missouri Board for Architects, Professional
of the Parties’ Relationships 4 Engineers and Land Surveyors 139
7.2 The Owner 4 84 Design Professional Licensing 148
7.2A Public Versus Private Owners 15 8.4A Preliminary Issue: Constitutionality 148
7.28 Experience 116 8.48 “Holding Out” Statutes 148
7.2C Authority Problems: Private Owners 17 BAC “Practicing” Statutes 149
Sole Proprietors 8 84D Architecture and Engineering
Partnerships 18 Compared 149
Corporations 18 8.4E Architect or Engineer Applying Seal
Unincorporated Associations 9 to Work of Another 151
Spouses or Unmarried Cohabitants 119 8.4F Statutory Exemptions 152
 CONTENTS ix

8.4G Possessor of License: Practice by a 9.3D Professional Fee Plus Expenses 176
Business Entity 152 9.3E Fixed Fee 176
8.4H Out-of-State Practice 153 9.3F Reasonable Value of Services or a Fee
8.5 Contractor Licensing Laws 155 to Be Agreed On 7
8.5A Overview 155 9.3G Reimbursables 177
8.58 Possessor of License: Business 9.3H Fee Ceilings 178
Organization 155 9.31 Adjustment of Fee 178
86 The Unlicensed Design Professional or 9.3) Deductions from the Fee 178
Contractor 156
9.3K The Fee as a Limitation of Liability 178
8.6A Criminal and Quasi-Criminal Sanctions 156
8.68 Recovery for Work Performed and 9.4 Compensation of the Design Professional:
Payment Reimbursement 156 Timing of Payment 179
Statute Specifies Contractor's Right 9.4A Service Contracts and the Right to Be
to Compensation 187 Paid as One Performs 179
Statute Silent on Contractor's Right 9.48 Interim Fee Payments 179
to Compensation 157 9.4C Monthly Billings 179
Statute Bars Contractor's Right 9.4D Late Payments 180
to Compensation 187
Payment Reimbursement 158 9.5 Payment Although Project Never Built 180
Summary 159 9.6 Client Obligations to the Design Professional
Not Involving Compensation 181
8.6C Substantial Compliance 159 9.7 Design Professional's Role in Contract
87 Construction Manager Licensing 159 Completion 181
88 The Trained but Unregistered Design 9.8 Design Professional Suspension of
Professional: Moonlighting 160 Performance 182
88A Unlicensed Persons: A Differentiation 160 9.9 Termination of Design Contract 182
8.8B Ethical and Legal Questions 161 9.10 Death or Unavailability of Design
8.8C Recovery for Services Performed 161 Professional 184
8.8D Liability Problems 162 9.11 Breach of the Design Agreement: Remedies 185,
Review Questions 162 9.11A Introduction 185
Endnotes 163 9.118 Client Claims and the “Betterment”
Rule Defense 185
Eo3 } } }§=— 9.11€ Design Professional Claims 187
Review Questions 187
Tue DESIGN PROFESSIONAL-CLIENT
RELATIONSHIP 167 Endnotes 188
Scenario 167
|CHAPTER
10 |
9.1 Traditional Phases of Architectural Ser
AIA B101-2007 168 PROFESSIONAL DESIGN SERVICES:
9.2 Characterizing the Client-Design ‘THE SENSITIVE CLIENT ISSUES
Professional Relationship 169 AND COPYRIGHT 191
9.3 Compensation of the Design Professional: Scenario 191
Methods of Compensation 172
10.1 Professional Services: Prior to Receipt of Bids 191
9.3A Introduction 172
10.1A Assistance in Obtaining Financing 191
9.38 Percentage of Construction Costs: 10.1B Economic Feasibility of Project 192
Basic Versus Additional Services 173
Percentage of Construction Costs 173 10.1C Approval of Public Authorities 192
Basic Versus Additional Services 174 10.1D Services of a Legal Nature 193
AIA Additional Services 175 10.2 Cost Predictions 193
EJCDC Additional Services 175 10.2A Inaccurate Cost Prediction:
9.3C Multiple of Direct Personnel Expense: A Source of Misunderstanding 193
Daily or Hourly Rates 175 10.2B Two Models of Cost Predictis 194
 CONTENTS

Griswold EG3 }]=—D

& Rauma v. Aesculapius 194
DESIGN PROFESSIONAL LIABILITY 225
10.2D Cost Predictions: Legal Issues 199
Client's Damages: Breach of Condition 199 Scenario 225
Client's Damages: Breach of Promise 199 11.1 Design Professional Liablity: The Professional
Standard as the Measure of Reasonable Care:
Parol Evidence Rule 199 City of Mounds View v. Walijarvi 225
Cost Prediction Tolerance 199 11.2 Defining the Professional Standard 227
Cost Condition Waived 200 Violation of Statutes and Administrative
Cost Predictions on Cost-Plus Contracts 200 Regulations 227
10.2E Standard Contracts and Disclaimers: Industry Standards 228
AIA and EJCDC 201 Professional Ethics 228
10.2F Advice to Design Professionals 202 11.3 Proving the Professional Standard: Expert
10.3 Site Services: Observing the Contractor's Work 202 Testimony 229
10.3A Introduction 202 11.3A Need for Expert Testimony 229
10.38 From Supervision to Observation: 11.3B Advice to Expert Witnesses 230
Watson, Watson, Rutiand/Architects v. 11.4 Alternative Standards as Measure
Montgomery County Board of Education 203 of Conduct 230
Summary 207 11.4A Contract Standard 230
10.3C Site Inspections: Certification 11.4B Consumer Protection Statutes 231
of Contractor's Progress Payments 209
11.5 Client Claims Against Design Professionals 231
10.4 Review of Contractor Submittals 209
10.5 Who Actually Performs Services: Use of and
11.5A Suing in Contract,
Tort, or Both? 231
Responsibility for Consultants 2 11.5B “Green” or Sustainable Design 232
10.5A Within Design Professional's Organization 21 Introduction 232
10.5B Outside Design Professional's Historical Background 233
Organization: Use of Consultants 212 Standard Form Contracts 233
106 Ownership of Drawings and Specifications 212 Definition of Terms 234
10.6A Introduction 212 Green Building Claims 234
11.6 Third-Party Claims Against Desi¢
10.68 Describing the Ownership Interest 213 Professionals 234
10.6C AIA and EJCDC Approaches: License 11.6A Potential Third Parties 234
to Use 213
10.6D AIA and EJCDC Approaches: 11.68 Contract Duty: Contracts for Benefit
Electronic Data 214 of Third Parties 235
10.6E Ownership on Design-Build 215 11.6C The Design Contract and the Tort
Duty of Care 235
10.7 Copyright of Drawings and Specifications 215 11.6D Negligence Liability for Economic
10.7A Introduction 215 Losses: Bilt-Rite Contractors, Inc. v. The
10.78 Relevance to Design Professional 215 Architectural Studio and SME Industries,
10.7C Work for Hire Doctrine 216 Inc. v. Thompson, Ventulett, Stainback
& Assocs, Inc. 237
10.7D Owner Use of Copyrighted Work 217 Negligence Versus Negligent
10.7E Infringement of Copyright 218 Misrepresentation 237
Registration 218 ‘Negligent Misrepresentation and the
Substantial Similarity 218 Economic Loss Rule 238
Remedies for Infringement 218 11.6E Intentional Torts: Interference with
Copyright Duration 219 Contract or Prospective Advantage 243
10.7F Copyright Transfer to Former Employee 219 11.6F Safety and the Design Professional 244
10.7G Advice to Design Professionals: Common Law Liability 245
Obtaining a Copyright 219 Liability under Occupational Safety and
Review Questions 222 Health Act (OSH Act) 246
Endnotes 222 11.6G Duty to Warn 246
 CONTENTS xi

Review Questions 247 Review Questions 273

Endnotes 248 Endnotes 273
Eos Part C: Project Delivery Methods 275
DEFENSES TO CLAIMS OF DESIGN Klug =-=2”~”~—CSCti‘“_
PROFESSIONAL LIABILITY 251
Scenario 251 PROJECT ORGANIZATION, PRICING,
12.1 Legal Defenses to Claims of Design AND DELIVERY METHODS 277
Professional Liability: Introduction 252 Scenario 277
122. Acceptance of the Project 252 14.1 Project Planning: Owner's Choices 278
123 Passage of Time: Statutes 14.2 Compensating Contractor Work 278
of Limitations 252 143 Fixed-Price Contracts 278
124 Design Professional Decisions 144 Cost Contracts 280
and Immunity 253. Introduction 280
12.5 Statutory Defenses 254 Owner Concerns and Protections 280
Certificate of Merit Statutes 254 Cost Plus Fee 281
“Good Samaritan” Laws 255 Guaranteed Maximum Price 281
Workers’ Compensation 255 Owner Administration 281
12.6 Apportionment for Fault of Others 255 145 Unit Pricing 282
12.7 Contractual Risk Control 256 146 Value Engineering Change Proposal (VECP) 283
12.7A Scope of Services 256 14.7 Design Responsibility:“Design’ Versus
12.78 Standard of Performance 256 “Performance” Specifications 283
12.7C Exclusion of Consequential Damages 256 14.8 Administrative Problems 284
12.70 “Limitation of Liability” Clauses 256 148A Overview 284
12.7E Immunity: Decision Making 258 14.8B Authority: Special Problems of
12.7F Contractual Statute of Limitations 258 Construction Projects 284
12.7G Third-Party Claims 259 Introduction 284
12.7H Dispute Resolution 259 Architect's Authority 225
12.71 Some Suggestions 259 14,8C Communications 285
Review Questions 259 14.9 Traditional Project Delivery:
Endnotes 360 Design-Bid-Build (DBB) 286
14.9A Traditional System Reviewed 286
14.9B Weaknesses 287
UICHAPTERII33) 14.10 Modern Variations in Project Delivery:
ETHIcs 263 Introductory Remarks 288
Scenario 263 14.11 Phased Construction (Fast-Tracking) 289

13.1 Three Distinct Concepts: Law, Morality, 14.12 Multiple Primes 290
and Professional Ethics 263 14.13 Turnkey Contracts 293
13.2 Ethics for Architects 264 14.14 Design-Build (08): Combining Design
13.2A Introduction 264 and Construction 293
13.2B Historical Background: Competing for 14.140 Reasons for Design-Build 293
the Commission 265 14.148 Nature of Design-Build 294
13.2C The AIA Ethics Canons 265 14.14C Licensing and Insurance 295
13.3 Ethics for Engineers 268 14.14D Advantages and Disadvantages
13.4 Ethics for Contractors 269 of Design-Build 296
13.5 Ethics for Design/Builders 270 14.15 Partnering 297
13.6 Ethics for Construction Managers 2 14.16 Teaming Agreements 298
13.7 Conclusion 272 14.17 Lean Project Delivery 298
xii CONTENTS

14.18 Project Alliance 299 Tort Law Claims 320

14.19 Program Management. 299 Statutory Claims 320
14.20 Public-Private Collaboration: 16.2 Principles Underlying Claims 321
Public-Private Partnerships (PPP) and 16.2A Basic Principle: Responsibility
Build-Operate—Transfer (BOT) 300 Follows Control 321
Public-Private Partnerships 300 Design Control 321
Build-Operate-Transfer (BOT) Defective Materials 321
14.21 Building Information Modeling (BIM) 301 16.28 Supplemental Principle: Good
14.22 Summary 302 Faith and Fair Dealing 322
Review Questions 302 Introduction 322
Endnotes 303 Deductive Changes 322
Contractor Aware ofDesign Defects 323
163 Contractor Claims 323
[CHAPTER 15 16.3A Introduction 323
PuBtic CONTRACTS 307 16.38 Mistepresentation Through
‘Scenario 307 Defective Specifications: United States
15.1 Public Contracts: Introduction 308 v. Spearin 324
15.2 Design Contracts 308 Warranty of Design Specifications 326
15.2A Hiring the Design Professional: Misrepresentation and Defect 326
The Brooks Act 308 Injury 327
15.2B Public Works Specifications 309 16.3C Owner Nonpayment 327
16.4 Owner Claims Against Contractor 327
15.3 Competitive Bidding: Objectives and
the Pitfall of Corruption 310 16.4A Introduction 327
15.4 The Competitive Bidding Process: Overview 31 16488 Shared Responsibility for
Construction Defects 328
155 Invitation for Bids (IFB) 31 Stating the Problem 328
15.6 Bid Opening and Award 312 Defect Traced to Owner and Contractor 328
157 Bid Protests 312 Shared Design Responsibilities 328
Bid Responsiveness 312 16.5 Contractor's Warranty (Guarantee) Clause 329
Bidder Responsibility 312 16.6 Contractor's Implied Warranty of
Rejection of All Bids 313 Workmanship 331
Bid Protest Remedies 313 16.7 Homeowner Claims 331
15.8 Construction Management, Design-Build, 16.7A Overview 331
and Public Contracts 313 16.7B Implied Warranties in the Sale
15.9 Claims Against Public Entities: Federal False of Homes 331
‘Claims Act 314 16.7C Statutory Protections of Homeowners 331
Review Questions 315 Consumer Protection Acts 331
Endnotes 315 Consumer Warranties 332
‘New Home Warranty Acts 332
Part D: Performance Disputes 317 Right to Repair Acts 332
168 Financial Problems 333
MUGGN Contractor Options 333
PERFORMANCE DisPUTES OVERVIEW: Owner Options 333
CLAIMS AND DEFENSES TO LIABILITY FOR 169 Contractor Defenses to Claims 333
THE OWNER AND PRIME CONTRACTOR
16.9A General Contract Defenses 333
319
Mutual Mistake 333
Scenario 319 Impossibility 333
16.1 Claims: Theories of Legal Liability 320 Commercial impracticability 334
Contract Law Claims—Generally 320 Frustration 334
Contract Law Claims—Express Warranty 320 Unconscionability 334
Contract Law Claims—Implied Warranty 320 16.98 Contractor Followed the Design 334
 CONTENTS

16.9C Subrogation: Destruction of Project Lt#

Under Construction, Covered by Owner's
Insurance 334 CHANGES: COMPLEX CONSTRUCTION
16.9D Passage of Time: Statutes of CENTERPIECE 357
Limitation and Repose 335 Scenario 357
Statutes of Limitation and Repose 335 18.1 Changes: Differing Perspectives for
Commencement of Statute of Owner and Contractor 358
Limitations 336 Owner's Perspective 358
Contractual Limitations 336 Contractor's Perspective 358
Laches 336
18.2 The Common Law 359
Review Questions 337
Endnotes 337 183 The Changes Clause: Introduction 360
Terminology 360
AlA and E/CDC Documents 360
i= i# } — Shifts in Bargaining Power 360
CONTRACTOR PAYMENT AND An illustrative Case 361
Project COMPLETION 341 18.4 Change Order Mechanism 364
Scenario 341 184A Components of the Changes Process 364
17.1 The Legal Framework: Common Law 18.48 Limitation on Power to Order
Payment Rules 342 Changes 364
17.2 Progress Payments 342 Work 364
Rationale 342 Time 365
Mechanism 342 Public Contracts 365
173 Retainage 343 18.4C Authority to Order Change 365
17.4 Payment of Subcontractors and Suppliers 344 18.4D Misrepresentation of Auth 366
175. Design Professional's Certification of 184€ Pricing Changed Work 366
Payment Applications 345 18.4F Deductive Change (Deletion) 367
Observation of Work 345 18.4G Waiver: Excusing Formal
Design Professional Liability 346 Requirements 367
Defenses to Design Professional Liability 346 185 Contractor's “Changes” Claims 368
17.6 Construction Lender's Interest in the 185A Cardinal Change 369
Payment Process 347
Loan to Contractor 347 18.58 Constructive Change 369
Loan to Owner 347 186 Effect of Changes on Performance Bonds 370
Subcontractor Claims 348 Review Questions 370
177 Surety Requests to Public Owner that Endnotes 370
Payment Be Withheld 348
178 Late Payment and Nonpayment During EGG
Performance 349 SUBSURFACE PROBLEMS:
Prompt Payment Acts 349
Common Law Rights PREDICTABLE UNCERTAINTY 373
349
AIA Documents 350 Scenario 373
17.9 The Completion Process and Payment 350 19.1 Discovery of Unforeseen Conditions 374
Substantial Completion 350 Effect on Performance 374
Final Completion 351 Role of Geotechnical Engineer 374
Effect on Future Claims 352 Risk Allocation: DB Versus DBB 374
17.10 Substantial Performance Doctrine 352 19.2. Common Law Rule 375
17.11 Work Not Substantially Complete 353 19.3 Information Furnished by Owner 375
Review Questions 354 19.4 Risk Allocation Plans: Benefits and
Drawbacks 376
Endnotes 354
19.5 isclaimers—Putting Risk on Contractor 378
xiv CONTENTS

19.6 Contractual Protection to Contractor: 20.14 Owner Acceleration of Contractor

The Federal Approach 379 Performance
Type | DSC 380 20.14A The Changes Clause
Type ll DSC 381 20.148 Constructive Acceleration
Notice Requirement 382 20.14C Voluntary Acceleration: Early
19.7 AIA Approach: Concealed Conditions 382 Completion
19.8 EJCDC Approach 384 20.15 Bonus/Penalty Clauses: An Owner Carrot,
19.9 The FIDIC Approach 384 Review Questions
Review Questions 385 Endnotes
Endnotes 386
EGE 3}
EIGGEe
3 3 33 }}—l ‘THE SUBCONTRACTING PROCESS: AN
‘TIME: PROJECT SCHEDULING AND “ACHILLES HEEL” 4i1
Detay CLAIms 389 Scenario au
Scenario 389 21.1, Subcontracting: An Introduction 412
20.1 The Law's View of Time: Overview 390 21.2 The Subcontract: Source of Rights
20.2 Commencement 390 and Duties 412
20.3 Completion 391
Basic Structure 412
20.4 Categorizing Causes of and Remedies for Delay 391
Flow-Through or Conduit Clauses 412
Causes of Delay 391
21.3 The Subcontractor Bidding Process 43
Remedies for Delay 392 21.3A Statement of the Problem 413
20.5 Common Law Allocation of Delay Risks 392 21.38 Irrevocable Sub- is: Promissory
20.6 Contract Allocation of Fault 392
Estoppel 414
Force Majeure Clause 21.3C Bargaining Situation: Bid Shopping
392
and Peddling 414
Weather 393
“Time Is of the Essence” Clause 393
21.3D Avoiding Drennan 416
20.7 Measuring the Impact of Delay:
21.4 Subcontractor Selection and Approval:
Project Schedules 394 The Private Owner's Perspective 416
20.8 AIA and EJCDC Approaches to Scheduling 395
21.5 Subcontractor Payment Claims Against
Prime Contractor: “Pay When Paid” Clause 47
20.9 The Critical Path Method (CPM) and Float 395 21.6 Subcontractor Payment Claims Against
Description of CPM 395 Property, Funds, or Entities Other Than Prime
Critical Path and Float 396 Contractor 418
CPM Use in Delay Claims 398 21.7 Mechanics’ Liens a8
20.10 Causation: Concurrent Causes 398 Legal Complexity 418
20.11 Time Extensions 399 Overview 419
Role of Design Professional 399 Claimants and Lienable Work 419
Duration of Extension 399 Lien Priority 420
Notices 399 Claimants’ Entitlement to
20.12 Contractor-Caused Delay: Compensation 42
Owner Remedies 400 No-Lien Contracts 42
Actual Damages 400 Criticism 42
Liquidated Damages Clauses 400 21.8 Payment Bonds 422
20.13 Owner-Caused Delay 401 21.9 Stop Notices 422
20.13A Sources of Owner Delays and Some 21.10 Trust Fund Legislation: Criminal and Civil
Contract Defenses 401 Penalties 422
20.138 No-Damages-for-Delay Clauses 402 21.11 Nonstatutory Claims Against Third Parties 423
20.13C Subcontractor Claims 404 Owners 423
20.13 Records 404 Design Professionals 423
 CONTENTS

21.12 Joint Checks 423 23.2 First Instance and Ultimate Responsi ity
21.13 Performance-Related Claims Against Prime Compared 446
Contractor 423 23.3 Responsibility Apportionment Among
21.14 Pass-Through Claims Against Owner: Multiple Wrongdoers: Stating the Problem 447
Liquidating Agreements 424 Introduction 447
21.15 Owner Claims Against Subcontractors 425 Direct Versus Third-Party Action 448
21.16 Public Contracts 425 23.4 Loss Shifting and Liability Apportionment
by Operation of Law: Three Devices 449
Review Questions 426 Noncontractual Indemnity 449
Endnotes 426 Contribution 450
Comparative Negligence 451
EGE
2 ~=—e ‘New Regime of Liability Apportionment 451
TERMINATING A CONSTRUCTION 23.5 Contractual Indemnity Compared to
ConTRACT: SOMETIMES NECESSARY BUT Exculpation, Liability Limitation, and Liquidated
Damages 451
Aways CosTLy 431 23.6 Parsing Indemnity Clauses 453
Scenario 431
Terminology 453
22.1 Termination: A Drastic Step 432
Components 453
22.2 Termination by Agreement of the Parties 433
23.7 Functions of Indemnity Clauses 454
22.3 Contractual Power to Terminate: Introduction 433
238 Statutory Regulation 455
22.4 Default Termination 433 23.9 Common Law Regulation: Specificity
Termination by Owner 433 Requirements 456
Termination by Contractor 434 23.10 Indemnitor Required to Procure
Wrongful Termination for Default 435 Insurance 457
22.5 Termination or Suspension for Review Questions 457
Convenience 435 Endnotes 458
Owner Suspension 435
Contractor Suspension 435 EIGGES
3 3 3 } }}~=—l
Termination for Convenience 436 INSURANCE 461
22.6 Role of Design Professional 436 Scenario 461
22.7 Waiver of Termination and Reinstatement.
24.1. Insurance: Risk Spreading 461
of Completion Date 437
24.2 Construction Insurance: An Overview 462
22.8 Notice of Termination 437
24.3 Introduction to Insurance Industry
22.9 Termination Under Common Law 438 and Policy 463
Material Breach 438 Standardized Insurance Policies 463
Anticipatory Repudiation 439 Regulation
22.10 Keeping Subcontractors After Termination 439 Premiums
Review Questions 439 Deductible Policies BRSREE
Endnotes Policy Limits
Notice of Claim: Cooperation
Part E: Risk Management and Dispute Duty to Defend
Resolution 443 Settlement 465
‘Multiparty Policies 465
GIGGE 24,4 Property Insurance 466
APPORTIONING OR SHIFTING Losses: 24.44 Introduction 466
CONTRIBUTION AND INDEMNITY 445 244B Coverage for Project Destruction
Scenario 445 During Contract Performance 466
23.1 Loss Shifting, Responsibility Apportionment, 24.5 CGL Insurance and Defective Construction
and Risk Management: An Overview 446 Claims 466
xvi CONTENTS

246 Professional Liability Insurance 467 EGGee

&3 3 # # # # }}—l
246A Requirements of Professional CLAIMS AND DisPuTEs:
Liability Insurance 467
EMPHASIS ON ARBITRATION 491
24,68 Policy Types: Occurrence or
Claims-Made 468 Scenario 491
24,6C Coverage and Exclusions: 26.1. Claims Resolution:
Professional Services 468 ‘Two- or Three-Step Process 492
24.6D Preparing to Face Claims 470 ‘Methods of Dispute Resolution 492
24,7 Insurance and Alternative Project Delivery Initial Administrative Review 492
Methods 47 ECDC 493
Review Questions 472 AA 493
Endnotes 472 No initial Review 493
26.2 Reasons for Initial Design Profe: nal Decision 493
et > 26.3 Procedural Matters Concerning the Initial
Decision 494
Surety Bonps: BACKSTOPPING Requirements of Elemental Fairness 494
CONTRACTORS 475 Standard of interpretation 495
Scenario 475 Form of Decision 496
25.1 Introduction 476 Costs 496
Overview 476 264 Finality of Initial Decision 497
Terminology 476 Range of Finality 497
Mechanics of Suretyship 476 Subject Matter of Dispute 498
25.2 Need for Bonds in Construction Industry 477 Review Process 498
25.3 Function of Surety: Insurer Compared 477 Other Considerations 498
25.4 Ancillary Bonds 478 26.5 The Initial Decision Maker: Some Observations 498
Bid Bonds 478 266 Statutory Framework of Arbitration 499
License Bonds 478 FAA and UAA/RUAA 499
Lien Release Bonds 478 Enforcement and Limited Judicial Review 499
Subdivision Bonds 478 26.7 Abuse of Arbitration, State Regulation,
25.5 Performance Bonds: Surety’s Promise and Federal Preemption 500
to Owner 478 Introduction 500
25.6 Triggering the Performance Bond State Judicial Regulation 500
Obligation 479 State Statutes 501
Conference 479 Federal Preemption 501
Declaration of Default 479 26.8 Common Law Contract-Based Defenses
Tender of Contract Balance 480 to Arbitration 501
25.7 Performance Bond Surety’s Options 480 Unconscionabilty 502
25.8 Surety's Defenses 482 Other Defenses: Mutuality, Termination
of the Contract, and Conditions Precedent 503
25.9 Performance Bond Surety's Liabi 482
Waiver of Arbitration 503
25.10 Payment Bonds: Functions 483,
26.9 The Arbitration Process: Introduction 503
25.11 Who Can Sue on the Payment Bond? 484
26.10 Prehearing Activitie Discovery 504
25.12 Payment Bond Liability 484 26.11 Selecting Arbitrators and Arbitrator
25.13. Asserting Claims: Time Requirements 485
Neutrality 504
25.14 Reimbursement of Surety 485
26.12 Multiple-Party Arbitrations: Joinder and
25.15 Regulation: Bad Faith Claims 486 Consolidation 505
25.16 Bankruptcy of Contractor 487 26.13 Award 506
25.17 International Contracts 487 26.14 Other Dispute Resolution Mechanisms 506
Review Questions 487 26.15 Adjuncts of Judicial System 507
Endnotes 488 26.16 Public Contracts 507
 CONTENTS xvii

26.16A Federal Procurement Contracts 508 ‘APPENDIX J: Standard Form of Agreement Between
26.168 State and Local Contracts 508 Owner and Engineerfor Professional Services
(EJCDC Document E-500 (2008)) J
26.17 International Arbitration 508
Review Questions 509 ‘APPENDIX K: Suggested Form of Agreement Between
Endnotes 509 Owner and Contractor for Construction Contract
(EJCDC Document C-520 (2007)) KA
APPENDIX L: Standard Form of Agreement Between
| APPENDICES ‘Owner and Construction Manager—Construction
APPENDIX A: Standard Form of Agreement Between Manager as Owner's Agent (CMAA Document
Owner and Contractor (AIA Document A101-2007) A-1 (2013)) ui
APPENDIX B: General Conditions of the Contract
for Construction (AIA Document 201-2007) ‘APPENDIX M: Standard Form of Agreement Between
‘Owner and Construction Manager (Construction
APPENDIX C: Standard General Conditions of the Manager At-Risk) (CMAA Document CMAR-1 (2013)
Construction Contract (ECDC Document C-700 (2007))
APPENDIX D: Standard Form of Agreement Between APPENDIX N: General Conditions of the Contract for
Owner and Architect (AIA Document B101-2007) Construction, Construction Manager as Advisor
(AIA Document A232-2009) Na
APPENDIX E: 2012 Code of Ethics & Professional
Conduct (AIA) APPENDIX O: Standard Form of Agreement
APPENDIX F: Code of Ethics for Engineers Between Owner and Construction Manager as
(NSPE (2007)) Constructor where the basis of payment is the Cost
of the Work Plus a Fee with a Guaranteed Maximum
APPENDIX G: DBIA Code of Professional Price (AIA Document 133-2009)
Conduct (2008)
APPENDIX P: Frank Lloyd Wright and the Johnson
APPENDICES H TO P ON WEBSITE Building: A Case Study Pa
GLOSSARY GL-1
APPENDIX H: Standard Form of Agreement Between
Contractor and Subcontractor (AIA Document REPRODUCED CASE INDEX cH
‘A401-2007)
SUBJECT INDEX sh
APPENDIX |: Performance and Payment Bonds
(AIA Document A312-2010)
Construction Law for Design Professionals, Construction Managers, and Contractors
(CLDPCM&C) is a textbook aimed primarily at architecture, professional engineering and
construction management students, whether undergraduates or in graduate school. The
material is adapted from Legal Aspects of Architecture, Engineering and the Construction
Process—an icon of construction law teaching since 1970.
‘There is much overlap between CLDPCM&C and Legal Aspects of Architecture, Engineering
and the Construction Process (Ninth Edition 2013). Both books are co-authored by Justin Sweet
and Marc M. Schneier, with Blake Wentz contributing a new chapter on ethics for CLDPCM&C.
Both books share the same educational philosophy for introducing the student to construction
law. That philosophy is concisely stated in the opening two paragraphs to the Preface to Legal
Aspects of Architecture, Engineering and the Construction Process and is reprinted here:
‘The primary focus of this edition, as in editions that preceded it, is to provide a bridge for students,
mainly architectural and engineering students, but increasingly, those in business schools and law
schools, between the academic world and the real world. We hope to provide a cushion for the inevi-
table shock such a transition generates. The world of the classroom, with its teachers and its books, is
not the same as the world of construction with its developers, owners, design professionals, and public
officials that regulate the construction process.
This cushion requires that readers understand what is law, how it is created, how it affects almost
every activity of human conduct, and how legal institutions operate. This cannot be accomplished
through simply stating “the law” It requires clear, concise, jargon-free text that probes beneath the
surface of legal rules to uncover why these rules developed as they did, outline arguments for and
against these rules, and examine how they work in practice.
In short, the authors’ intention is to instruct students as to the “why” of the law, not merely
the “what”
These two books differ in complexity and length. Legal Aspects is a much longer book. It
contains detailed explanation and analysis, and reproduces several court opinions. The sophis-
tication of its analysis of the law is such that Legal Aspects has repeatedly been cited in judicial
opinions and law treatises.
Construction Law for Design Professionals, Construction Managers, and Contractors
is tailored to be a teaching tool specifically for students in architecture, engineering and
construction management schools or departments. The content is designed to satisfy not
only the topical requirements of the American Council for Construction Education (ACCE)
in terms of construction law, but Chapter 13 also satisfies the ACCE’s ethics requirement. As
compared to Legal Aspects, the text has been shortened, so that the subject matter may be
covered in a class length of 30 to 40 lecture hours. Unduly complex legal analysis has been
removed so that the student may focus on the “big picture.”
The material in this book is accessible to students in both undergraduate and graduate level
courses for construction management, civil engineering, and architecture. The basic concepts
and real-world examples used in the text will give undergraduate students a solid grasp of the
legal issues they will face in the real world. At the same time, there is ample room for graduate
students to explore and further research many of these topics, with footnotes pointing to other
cases or secondary sources. This combined approach makes CLDPCM&C one of the most
versatile legal books on the market for construction and engineering education.
Random documents with unrelated
content Scribd suggests to you:
now worked for me at 1s. and 1s. 6d. each by a lady who thus is enabled to
make a perceptible addition to her income, and who may be heard of at the
Workers’ Guild, 11 Kensington Square, W. Other tablecloths have red and
blue borders; but I prefer the plain white with the monogram to any other. A
nice bright copper kettle and a trivet should be always brought in with the
tea, and a cosey should never be forgotten, while buns (home-made buns
and scones are most excellent), biscuits, and bread and butter suffice for
quite a large party of friends, and there is neither extra trouble nor fuss of
any kind. Of course, teacups and saucers are of all sorts and conditions, but
I think small blue and white ones on a china tray are the prettiest of all, and
can generally be replaced should a misfortune happen to them; while
Liberty’s ornamental china cups and saucers are always pretty, and can
invariably be matched.
No room is bearable without, or looks ugly with, plants and flowers, so I
hope that these may always be found in the drawing-rooms, at least, of any
of those who do me the favor to read, mark, and inwardly digest the pages
of this little book.
 CHAPTER X.

CURTAINS, CARPETS, AND LIGHTING.

Of course, in writing on the subject of curtains, we must begin first by

saying that a great deal depends upon the shape and size of the windows,
for all these particulars have to be carefully considered before we start on
any expedition to inspect and buy our material for our draperies; for if a
window be small or high up it requires far less management than the large
bow-windows that take so much thought, and, alas! so much material too.
Then, as there are French windows to be arranged for, and, in fact, square
windows as well, we have to spend much time and thought over how we
shall arrange, so as to suit all, before we cast our eyes over cretonnes,
damasks, plushes, and the thousand and one materials, all more or less
suited to the purpose for which they were designed.
The ordinary window, with the two sashes and the square frame, is very
easily managed, even supposing that one has to keep out the neighbours’
eyes as well as a certain amount of sunshine. The muslin curtains should be
put up on rods like small stair-rods, fastened against the window frame top
and bottom in such a way that they do not interfere with the free raising of
the sash, which must open top and bottom; this arrangement—illustrated in
my chapter on the dining-room—insures the curtains remaining in their
place, and prevents them floating in and out on every dust-laden breeze that
blows, while it leaves no long tail of draggled muslin to sweep the floor,
and get torn and dirty almost before they have been up a week.
The best white curtains are undoubtedly made of soft clear muslin,
edged and furthermore embellished by insertions of guipure lace—the
insertion is put in a slip close to the edge, and washes beautifully—but
those curtains, unless made at home, are undoubtedly expensive. Still,
nothing looks like them, and if they are arranged on the rods in such a
manner that the edges of the outside lace just touch, they form a complete
screen, and yet hide nothing from the owner of the house, who can see from
her windows comfortably without being spied over, and, being fixed, last
clean really a very long time indeed. And then, if the thicker curtains are
placed on a straight brass rod, as narrow as the weight they have to support
will allow, no blinds are required, for the warm drapery draws straight over
them, and either serves as a blind to keep out the light or a screen to keep
out the draughts, and so does away with the expensive blind with its rollers,
its cord eternally out of order, and its ugly effect from both inside and
outside the house.
A good ‘book’ or Swiss ‘mull’ muslin costs about 10½d. a yard, the
guipure edging and insertion about 1s. 6½d.; therefore the cost of these
curtains is easily calculated by any one who measures her own windows
and sees what length and quantity of material is required for them. Bedroom
windows look extremely nice if treated in a similar manner in the French
checked muslin, such as the bonnes use for their caps and aprons, and of
which our Sunday summer frocks used to be made in our young days, and
which costs 10½d. a yard. If this be used, the curtains must be edged with a
two-inch goffered frill, which must invariably edge all the curtains that are
not treated with lace edgings, for nothing looks worse than the hard line of a
curtain that is neither frilled nor lace-trimmed.
Of the popularity of the soft and beautiful Madras muslins there is
scarcely any necessity to speak, as it is now familiar to most of us; but
despite its beauty and (in some cases) its cheapness, I must add a word of
warning on the subject of Madras, especially addressed to our young friends
with limited means, for the cheap sort of Madras does not wash
satisfactorily, and should, therefore, be avoided by all those who have to
study economy, and have not only to buy things, but to select them in such a
manner that they shall last after their first visit to the wash-tub at the very
least.
The cheap Madras washes into holes, and all the pretty colours vanish,
and a limp rag returns to us instead of the charming curtains that gave such
a style to the appearance of the outside of our house; and the expensive
ones, too, are apt to ‘run’ in the washing, and are out of the purchasing
power of any one whose means are really limited; for these cost from 6s.
9d. to 8s. 9d. a yard, and therefore become expensive items in our
expenditure at once, although they contrast favourably with the fine lace
and embroidered curtains sold ready to put up at 5l. or 6l. a pair, or at times
even more than that. But ready-made curtains designed with large and
marvellous patterns must not even enter a really artistic home. They mean
nothing, can never be anything save vulgar and pretentious, and are
therefore to be avoided; for if we are rich we can have the best Madras, the
finest guipure and muslin; and if we are poor we can yet have our white
muslin, either frilled or edged with guipure, as rich as our modest means
will allow; or the valuable Mysore and artistic muslins at 9¾d. and 3¾d. a
yard, which wash excellently if done at home—in water without soda and
with a few drops of vinegar in to ‘set the colours,’ as the washerwomen say.
A bow-window, the orthodox suburban villa bow-window, is, I own, a
very difficult subject to treat, but I have circumvented even that by an
arrangement of curtains on rods managed as described above, and in the
first-named window have two narrow white curtains meeting at the top of
the window, and gradually sloping away until they are about five inches
apart at the bottom; the wider centre sash is treated in the same manner with
wider curtains, the plain edge of which meets the edge of the curtain that
fits the narrow sash on both sides of the broader window; for the usual bow
is made of a flat sash in the middle, between two narrow sashes that bow
slightly; the muslin is ‘taut’, as sailors would say, and is always tidy, and by
using these narrow very cheap rods all expensive fitted and formed poles
and valances are done away with, and a most expensive and vexatious item
in our expenditure completely swept off our schedule of payments to be
made. The muslin curtains neatly up, a thicker rod can be fixed in three
portions, each portion separate and distinct, for the heavier curtains. Those
in any dining-room can be made of several materials. Shoolbred had a
beautiful gold figured damask, double width, at 4s. 9d., which looks like
silk, though naturally it is nothing of the kind; this drapes beautifully and
looks charming, as it falls into folds and never fades; it can be edged with a
ball fringe to match, which adds a good deal to the expense, but looks better
than anything else, or else by a frill, but this is a little heavy, as the material
is thick. This material can be had in a beautiful pale blue and a good terra-
cotta as well as in the yellow, but I have no experience of the wear of the
two former colours, and therefore cannot tell whether they last as well and
as satisfactorily as the yellow does. To make the window look really nice,
you require one breadth hung down straight at the end of the first slip of
window against the wall, edged all round the sides and bottom with ball
fringe or the frill; then another breadth on the other side of the slip to pull
halfway across the wider window to meet a third curtain hanging straight in
the middle of the other division, and being met in its turn by a fourth,
which, when undrawn, should hang straight against the wall in the same
way that curtain number one does.
The artistic serges sold by Colbourne & Co., 82 Regent Street, at 1s.
11½d. a yard, and Stephen’s Sicilienne damasks at 7s. 9d. a yard, are
excellent curtain materials also, as are the stamped jutes and corduroy
serges sold for this purpose by Mr. Smee.
But, whatever the material, in no case should the curtains be draped, or
tied up or chained as if they were wild beasts, with great gold or brass
chains (truly the very ‘foolishest’ things that were ever invented for the
purpose), and they should never come below the window sill or the dado
line, save and except in the case of a French window opening to a garden or
conservatory, when the white drapery should be fixed on rods to the frame
of the door, and the warmer curtains should be draped so as to keep out the
draughts and be drawn readily; and this is done by sewing them to large
rings that run easily on a brass pole, which must be as small and
unobtrusive as possible; and when not in use the curtains must be drawn
close to the wall and tied back, if wished, with Liberty soft silk
handkerchiefs—the 3s. 6d. size makes two of these ties—in a colour to
harmonise or contrast with that employed in the new curtains themselves.
These curtains must be about an inch longer than the length from the pole to
the floor, and must rather more than touch the floor, because a French
window means a draught to one’s toes, that can only be circumvented by
longish curtains, and a thick mat, so placed as to be easily moved, should
the window open into the room itself.
Roman sheetings are also excellent for curtains, and plush is the king of
materials, if we could afford it; the shades of colour in the folds are perfect,
and the tints in which plush is made are always lovely; but as we cannot
afford that, we must turn our eyes away from such enchanting visions, and
look out for a nice Mysore chintz for the drawing-room, which must be
lined, to make it warmer and more durable, and trimmed with the goffered
frill that always looks well in all washing materials; the frill need not be
lined. For bedrooms, there is nothing better than the dark blue and white
cretonne, the same both sides; or Burnett’s excellent ‘marguerite’ cretonnes,
in different colours, at 9½d. a yard; the dark blue and white need not be
lined unless the bedroom receive the very early sun, when a lining is
necessary if blinds be done without; but I should make the curtains double,
as the material is as cheap as any lining procurable, and looks far better than
any self-colour could possibly look. These cretonnes wash most beautifully,
and begin at 9d. a yard. The chairs, frill to the mantel-board, eider-down,
and any bookcase edges should all be finished with the same style of
cretonne, though, of course, any other harmonious colour can be introduced
to avoid too much sameness. The chair covers should be loose, and edged
with a frill, as also should be the eider-down cover; this spoils any room if
kept in its Turkey-patterned material, and should always be put into a
cretonne washable cover, as much for beauty as for health. But these details
must be kept for another chapter, as they do not enter into the great subject
of curtains.
It may sound ridiculous, but I here state boldly that I can invariably
make a more than shrewd guess of the character of the folks who inhabit a
house by noticing what sort of ideas they have on the subject of draperies;
and I may safely say that I have never been mistaken. The carefully and
prettily and tidily arranged curtains tell me at once of the pleasant folk I
shall find inside; just as surely as the dirty, untidy muslin or the gorgeously
patterned, expensive, and pretentious curtains warn me against the slattern,
or the vulgarian with whom I have nothing in common, should I ever have
the bad fortune to have to enter behind those warning marks; while the soft
Madras or delicate lace indicate an artistic mistress with whom I shall, I
know, spend many pleasant hours. This being the case, do not wonder, dear
readers, that I lay much stress and write at great length on this momentous
subject, for it is one on which almost volumes could be written; for while
the inside of your houses only speak to your friends and relations, the
outside tells a great deal to strangers, and either repels or attracts, according
to the manner in which you arrange your windows.
 Fig. 16.

Unless your windows are very small, as in sketch 16, never be without
white curtains of some kind, for if you are the house resembles some one
who has forgotten her cuffs and collar or white frillings, but if they are like
the sketch, you cannot do better than use Pither’s old-gold-coloured, printed
linen edged with ball fringe; this serves all purposes of blinds and curtains
alike, and always looks artistic, while the windows are not obscured and
stuffed up, as are those in most of our English houses.
And here let me say most emphatically that ordinary blinds are not
necessary, and are never useful; if the house has very much sun, inside
blinds are no use at all; the heat that makes most town houses unendurable
is caused by the sun striking down on the glass of the window, and to
obviate this the glass itself must be covered outside. Our summer is but a
short one at best, but if we cannot bear the sun we must put up outside
blinds, or hang grass mats over the glass outside; these are the only really
necessary blinds; to say the least the others are unhealthy. The sun is the
life-giver, after all, and he had better fade our curtains and our carpets than
that the lack of his beams should fade our own and our children’s cheeks!
This, too, is another reason why we should never buy very expensive
curtains or carpets; fortunately hardly any of the materials I have spoken of
cost much, while Kidderminster squares—my favourite matting and rugs—
or even stained floors and rugs, are all within the powers of the humblest of
us.
I myself prefer matting for a dining-room at 1s. 6d. a yard, and covered
here and there with rugs, put down where the greatest amount of traffic may
be expected; but this is expensive, if set against the pretty carpets in art
colours, made at Kidderminster, and sold by the yard at about 3s. 6d. a yard,
the colours of which are extremely good. And if we cannot afford matting in
the dining-room, a carpet that would go very well with the room would be
shades of very faint sage-green, with dashes of terra-cotta in. But I much
prefer the matting, and should always advise this for any one who could
afford it, and yet could not afford the Oriental carpet that is, of course, the
carpet for a dining-room. The rugs range from 7s. 6d., but these are Scinde
rugs, and do not wear very well. Liberty, Maple, and Shoolbred have all an
excellent choice, but I think Maple’s rugs are the best for people with a
small amount of money to spend; and there is this to consider about rugs,
they can be shaken at least once a week and continually turned about, and
when too shabby for downstairs they can be taken upstairs, finally dying an
honourable death before the kitchen fire or by the bedsides of the maids.
Still, much as I like matting, I must confess the total cost is more than three
times the cost of a Kidderminster square, which in its turn can be taken up,
shaken, and moved about, as, being square, there are no corners to consider,
and no back and front and sides to think about either. But we must put
carpet felt or paper-felt under our squares if we wish them to wear and to
feel soft and pleasant under our feet; and it is as well to put down large
sheets of brown paper before even the felt goes down. All this adds
considerably to the wear of the carpet.
There is a curious habit in some parts of Canada of making a species of
bed of hay under the carpet, and it gives a very pleasant feeling to any one
walking thereon; of course soft, fine hay is chosen, and it is most carefully
laid down, and evenly and tightly packed; and in a room on the basement
floor, as so often rooms are situated in small suburban houses, it is a great
comfort; it is very warm in winter and cool in summer, and if the hay-bed is
made about twice a year, I believe it requires no further attention.
An old friend of mine who lived in poor circumstances in a stone-floor
cottage in Dorsetshire, who had passed some years of her life in Canada,
always stretched her carpet over such a bed, and I well remember how
delightful her floor felt, and how she never suffered, as so many of her
neighbours did, from rheumatism and other evils inseparable from the
ordinary covering to a stone or brick floor. I have more than once
recommended this in a basement kitchen or servants’ sitting-room, and
never without hearing that it was pronounced a great and unfailing success
and source of comfort to the domestics.
If, however, a Kidderminster square is chosen, the boards for about two
feet from the wainscot must be stained a good brown shade: if the boards
are pretty good, and do not require stopping with putty to keep out the
draughts, as so many of our suburban houses require ‘stopping,’ owing to
the shrinking of the green wood used, alas! for the purposes of floors,
doors, and windows, Edwin or Angelina can well manage this themselves.
Whiteley keeps Ryland’s stain ready prepared in a big tin jar, and with the
right sort of brush this is soon put on; when dry it should be well and
thoroughly polished with beeswax and turpentine, and if this is done weekly
I am sure the floor will never require staining for many years; but if
‘stopping’ is necessary, the workmen employed can stain the floors too; for
the extra charge will be but small, and it will save a back-ache, and insure
the work being thoroughly and properly done.
These hints about carpets are perhaps a trifle prolix, but they will do for
the whole of the house—of course varying the colours to suit the rooms,
and being very careful in the selection of patterns. Mr. Morris has some of
his very best designs manufactured in Kidderminster, so the cheap make of
the mere carpet need not be sneered at; but we cannot afford Morris, much
as we should like to do so, for his Kidderminsters are as costly as most
people’s Brussels; and if we are careful, we can get nearly as pretty patterns
elsewhere at one fourth the cost, but we must be very careful, for there are
some red carpets, some blue, and some a fearful nondescript hue,
suggestive of the workhouse—I know not why—that would irretrievably
and utterly spoil any room in which they were put; but there is a royal blue
with paler blue flowers, or rather ‘fan-like things,’ that is perfect; this is,
however, sold by the yard, and has to be made into a square, without a
border, and just trimmed with a woollen fringe, which is procurable at
Colbourne’s, 82 Regent Street, and which wears magnificently: I have had
one down now for three years in a room that experiences a great deal of
traffic, and it is at the moment of writing as good as ever it was, and is
admired by every one who comes in; and the sage-green carpet mentioned
before is also quite safe to suit almost any room. This is also sold by the
yard, and has to have a woollen fringe too.
If the house have bow-windows, an extra square of carpet, or else a
Scinde rug at 7s. 6d., can be laid down there; there is not much ‘traffic’ in a
bow-window, and the rugs look nicer than anything, and wear quite a
reasonable time in such a locality, and these can be easily replaced. A piece
of the carpet itself always looks out of place somehow, and spoils any room.
For a really good carpet, I like a fine Oriental carpet, with a good deal of
white in it, or a Wilton, or velvet pile; but I always like something cheaper
myself, as I do not like old carpets or old curtains. They must retain a
certain amount of dust and dirt, and I therefore infinitely prefer either a
good Kidderminster, or else the matting and rugs spoken of at first, which
can be replaced when shabby without too great an effort for a moderate
income. There are just one or two trifles that I should like to speak of here.
Matting should be swept one way regularly, and by a proper matting brush.
It can be washed with soap and a little water, and it has a wonderful way of
never collecting dust that is marvellous. Oriental rugs and carpets should be
swept one way only also; and the Kidderminster squares should be shaken
often, but not continually swept; the shaking gets rid of the dirt, while
sweeping wears them out much quicker than need be.
In connection with the carpets and curtains, we may just as well speak of
the lighting of the sitting-rooms before passing away from them to the
bedchambers. And here I must impress upon my readers never to have gas
anywhere where they can avoid using it, and to pray heartily for that bright
day to dawn when the electric light shall be within the reach of all, and
when Mr. Swan tells us how to light our houses as perfectly as he has done
his own; and I confess that when I recollect that charming abode, where
fairies seem to superintend the lighting, so wonderfully is it managed, I feel
consumed with rage and anger, to think that I was not born in a time when
the electric light will be as much a matter of course as the present odious
system of lighting by gas is; but as we are still unemancipated from the
thraldom of gas, we must try to make the best of a bad job, and confine the
enemy to where it can do least harm, and be of the most good at the same
time.
An oil lamp in the hall is apt to give a gloomy impression to guests, and
also is rather a difficult matter to manage. It is expensive, and is apt to get
out of order at a critical moment; so I think gas must be adhered to here. A
cathedral glass hanging lamp, square shape, and framed in brass, and fitted
with an Argand burner, is as good a thing as one can possibly procure for
gas, unless we select the more artistic beaten iron lamps sold by Strode and
Co., of 48 Osnaburgh Street, W. The prices are about equal, I think, and
quite a beautiful one can be bought for about 4l. It requires no cleaning
beyond the ordinary cleaning, and gives a strong, steady light, the glass
sides of the lantern or lamp presenting any flickering when the hall door is
opened suddenly. I have occasionally seen a hall lighted from the sides, but
I do not care for this, as it does not have the genial effect of the lighting
from the top; but should this be preferred, a man at Whitechapel makes very
charming side lanterns, of cathedral glass, that go round and almost cover in
the gas bracket, thus preventing any danger of fire, and keeping away a very
great deal of the heat and burnt atmosphere that make gas always so trying
to any sensitive person. I think these lanterns are from 5s. to 10s. each, and
they are, at all events, very artistic to look at.
 Then there are beaten shields of brass, with the owner’s initials on, from
whence protrude the gas bracket, also in brass, and there are, furthermore,
those delightful revivals of the old hammered iron trade that were to be seen
in the Old London street at the Inventions, and the use of which would
almost reconcile me to burning gas. These iron brackets and lamps are
expensive, quite small brackets costing 1l. 12s.; but they are well worth the
money if we have it to spend, because they are so nice to look at. In our
sitting-rooms we should never for one moment allow ourselves to have gas.
I always burn in a very large drawing-room two of Mortlock’s blue and
white china lamps fitted with duplex burners. At first, when the fiat went
forth that gas was tabooed, those lamps were the bane of my life. I had a
most excellent housemaid in those days, who did her work most beautifully,
but only in her own way and in none other. True to my principles of non-
interference, I had allowed her this way of hers, because it was as good a
one as could be wished for; but when it came to suddenly cutting off her
precious privilege of lighting up the gas and drawing the curtains, I soon
saw that war was before me, and felt that now or never was I to maintain
my right to my lamps, did I prefer them to what the gas company of the tiny
town I then lived in facetiously called gas; but that was an awful smelling
compound, which burned with a feeble and ghastly blue flame on
weekdays, and which generally failed us altogether when Sunday meant gas
in the church. Of course then we had comparatively to go without, as that
gas would not be in church and our houses at the same time, and our lives
bid fair to be & misery to us in the long December afternoons and evenings;
when my good genius said ‘Lamps,’ and I then invested in those I still have,
rejoiced to think we could see to read now, whether the gracious gas
company deigned to allow us any gas (?) or no.
I had received full directions with the lamps, and knew exactly what to
do with them. They were guaranteed not to smell, my one dread, and I was
accordingly armed at every point to meet Emily’s objections. She had work
enough. Well, beyond cutting the wicks and refilling the brass cups, there
was no addition; so she took them off with a flounce and a bang into her
own particular sanctum, and looked like a walking volcano for the rest of
the day. However, to make a long story short, those lamps were made to
behave as if they were possessed by the very spirit of mischief. They smelt,
they flared, they smoked, they sang a blood-curdling little song I feared
meant explosions; but insisting on their being taken out of the room night
after night and brought back until they did burn finally conquered Emily,
and as she saw I meant to have my lamps she gave in, and they now never
smell, and never give me a moment’s trouble.
I mention all this to guide those young people who are apt to be treated
as I was, and who, knowing paraffin does smell, may perhaps be inclined to
give in and return to gas, because their servant declares she cannot manage
the ‘dratted thing.’ The smell comes from some of the oil having been
dropped on the brass part of the lamp, which gets heated, and, of course,
smells abominably, and if the lamp be dull it is because the poor thing is
clogged with oil and literally cannot manage to breathe; then drop the brass
parts of the lamp, minus the wick, of course, into some clean water, and boil
them as you would an egg over the fire. This loosens and gets away all the
stale oil, which need never be there if the housemaid is really careful, and
your lamp once more burns as brightly as ever it did. I use no screens over
my lamps, as I put them behind me in such a manner that the light falls only
on my book, and, of course, on the books and work of those who may also
be in the room; but charming screens can be made by taking a sheet of
tissue paper in such a manner in the centre that you can pass it rapidly up
and down through your hands until it is a mass of crinkles and waves; then
tear off the piece you have been holding and you have a pale pink wavy-
looking screen that is charming, and costs the fraction of a farthing. The
Germans also make beautiful lamp screens by cutting out scalloped pieces
of tissue paper, on which are placed real leaves and coloured grasses. These
are covered by another piece of tissue paper gummed lightly round the
edges, and the effect of these when nicely arranged is really positively
beautiful. About five of these scalloped pieces of tissue paper make one
shade, and they are tied together with very narrow ribbon bows at the top,
which allows of their being regulated to the size of the lamp. And yet
another still more beautiful shade can be made by buying a wire frame
made on purpose at Whiteley’s, and covering all the divisions with thin blue
silk, the palest shade possible. Each division should be covered in such a
way that the stitches do not show. Round the edge sew a two-inch silk
fringe, and arrange fluffy ruches of the silk down each rib and round the
edge of the lamp-shade. This is not very expensive, and is the best shade
possible. By the way, red and yellow shades should always be avoided; the
first makes every one look like apoplectic fits, and the second as if jaundice
were imminent; and don’t ever buy the abominations of shades that are
meant for owls’ heads; they are monstrosities to be classed with the Mahdi
notepaper and other vulgarisms of the day. Other nice occasional lamps are
the very cheap brass lamps sold at 7s. 6d. and 10s. 6d. each. I do not think
these good enough to read by, but they are most useful for ordinary use at
dinner or to write a note by, and are also useful to put back on the buffets
that do duty for sideboards in my dining-room, to give a little more light
when we have extra folk to dinner, and I use my candelabra for lighting the
larger table, but for all everyday use at table those brass lamps are quite
enough, and, being easily lighted and kept clean, are really invaluable.
One is obliged to have gas in rooms where there are children, because
candles and lamps are so easily knocked over, and it is useful, too, in
bedrooms where a sudden light may be required, but it is a most unhealthy,
destructive thing, and, as I said before, I look forward to Mr. Swan doing as
much for us as he has done for himself.
If my readers—any of them—should doubt for one moment the truth of
what I have said about the relative values of lamps and gas, let them for the
next six months give the two things a fair trial in two separate rooms in the
same house; let them look at the ceilings in those rooms, examine the
picture-cords, and the relative cleanliness of the blinds and draperies, and
let them—no; they, poor things, will need no examination. I was going to
add, let them examine, too, their plants; but in one of those rooms there will
be none left to examine, for they will be dead as surely as ever they were
plants at all. Half the weary headaches and lassitude we have all felt at
times come from this pernicious enemy; and there are few doctors whose
first directions to an invalid’s nurse do not contain emphatic orders to lower
the gas and, in fact, to substitute candles for it as soon as possible; but if
bedroom candles are used, they should never be allowed without a glass
shield—sold, I think, by Messrs. Field and Co., the nightlight people. This
insures that the carpets are free from being dropped upon by the wax or
composite, and furthermore insures a certain amount of safety from fire,
which is a vast consideration, for a draught, a floating curtain, and a bare
unguarded candle may often result in a serious calamity, for, even if much
damage by fire is not done, a serious fright may be given to some who are
ill able to bear anything of the kind. Gas should never be in servants’
bedrooms—the best of them cannot help burning it to waste; neither should
they be allowed candles—they are careless, the very best of them; and I
always provide my maidens with tiny paraffin lamps, costing 6d., which I
can only buy in a Dorsetshire town (Messrs. A. and A. Drew, Wareham,
Dorset, is the correct address)—even Whiteley doesn’t keep them. These
have a tiny brass cap that puts out the light, and are not in any way
dangerous, because there is nothing to spill, the sponge and wick inside
absorbing all the oil, and if they are knocked over they are so small the light
pops out at once; yet there is light enough to dress by, if not to read novels
in bed by, and the maids themselves prefer these small lamps to anything
else.
In conclusion, remember that crystal A 1 oil, at 10d. the gallon, is the
best, most economical oil to burn. It should be had in in a five-gallon tin,
which fills up the small tins from whence the lamps are filled in their turn,
which must be filled by daylight, and recollect also that china lamps are
much the cleanest, and least likely to smell with the most careless
housemaid, who must always be made to take her lamps out of the room
over and over again; the mistress never once overlooking a smoking, dirty,
or odoriferous lamp, until perfection is attained. That this is possible—ay,
and easy—to obtain I have, I hope, demonstrated to all of my readers by the
before-mentioned anecdote. If, however, the housemaid is really a good
one, I should prefer to use Strode’s beautiful copper and beaten iron lamps,
with tinted glasses for shades; or else with pale blue silk shades, stretched
between copper ribs that give a wonderfully artistic look to any room.
Benson, who sells his wares at Smee’s and Liberty’s, designs perfect lamps
also, and all these should be seen by the intending purchaser before finally
deciding which to buy. Again I say, never do your shopping in a hurry: if
you do, you are sure to see something you like better—in the next street
may be, and, oh! agony, at half the price!
 CHAPTER XI.

BEDROOMS.

At first the only upstairs rooms that will have to be furnished are Angelina’s
bedroom, Edwin’s dressing-room, one spare room, and a room for the maid
or maids, leaving any others until a nursery be required; for if our young
people have only one servant it is quite impossible that they will be able to
have a constant succession of folks staying in the house, and, therefore, one
bedroom besides their own is all that should be prudently ready for
occupation. I say ‘prudently,’ for few young housekeepers can resist at first
the delights of showing off their houses and their presents to their less
fortunate relations, and, in consequence, a stream of visitors is invited to
pour into the house, to the detriment of anything like order, and to the
dismay of the servant, who is most certainly right to grumble at all the extra
work; and, by the way, I may mention here that to this same stream is due
more than half the worry brides have at first with their domestics.
Also, the bedrooms should be kept very nice. This no one servant can do,
unless she is considered and helped, and I should strongly advise Angelina
not to be above making her own bed, even if she have a housemaid as well
as a cook, for she and the housemaid together can shake it up and fold the
blankets and sheets nicely and neatly, while the cook is clearing away
breakfast, and interviewing the tradespeople downstairs, whose orders
should be ready written out for them by the mistress, so that there should be
no loitering at the back door, wasting time for both the cook and the men
too. But before I go into the divers methods of bed-making, and speak of
the beds themselves, I should like to describe one or two rooms, as far as
paper and paint go, and give some idea of the colours I consider fittest for a
bedroom. Formerly, anything in that way did for a room, where no one then
seemed to remember we had to spend a good part of our lives, and where
we had occasionally to be ill and miserable, and wanted as much help over
our troubles as we could obtain from our surroundings; and who does not
recollect the orthodox bedroom of her youth—the fearful paper, all blue
roses and yellow lilies, or, what was worse still, the dreary drab and orange,
or green upon green scrolls and foliage, that we used to contemplate with
horror, wondering why such frightful papers were made! Then came the
carpet, a threadbare monstrosity, with great sprawling green leaves and red
blotches, ‘made over,’ as the Yankees say, from a first appearance in a
drawing-room, where it had spent a long and honoured existence, and
where its enormous design was not quite as much out of place as it was in
the upper chambers. Indeed, the bedrooms, as a whole, seemed to be
furnished, as regards a good many items, out of the cast-off raiment of the
downstairs rooms; and curtains that had seen better days, and chairs too
decrepit to be honourable company in the downstairs apartments, all crept
up into the bedrooms, anything being good enough for a room where
‘company’ would not be expected to enter.
I myself remember a carpet that began life quite forty years ago, for it
was over ten years old when I made its acquaintance in a country dining-
room; it was drab, and was ‘enlivened’ with spots of brown, like enlarged
ladybirds. It lived for twenty years in that room, covered in holland in the
summer, and preserved from winter wear by the most appallingly frightful
printed red and green ‘felt square’ I ever saw; it then was altered for the
schoolroom, then went up into ‘the girl‘s’ bedroom, and still exists in strips
beside the servants’ beds, although the original owner of that fearful
possession has been dead over twenty of those forty years; and when I
consider the dirt and dust that has become a part and parcel of it, I am only
thankful that our pretty cheap carpets do not last as carpets used to do, for I
am sure such a possession cannot be healthy; though the present proud
possessor points to the strips, as a proof of how much better things used to
wear in her mother’s days, than they do now, in these iconoclastic ones of
ours.
I am afraid I am not an orthodox housekeeper, for I confess most frankly
I do not want my things to wear for ever, certainly not my carpets and
curtains, and that is one reason why I am so thankful for the present style of
pretty light cretonnes, mattings, and Kidderminster carpets. They are so
clean and bright, and enable us to have our bedrooms fresh, pleasant, and
new, instead of making them up out of things that have seen their best days
in another sphere; and as I want Angelina to recollect she may have to
spend some little time in the bedroom occasionally, as years go by, I wish to
impress upon her to remember all this in the arrangement of the house, and
to be sure and buy only those colours that give her pleasure, and to have no
jarring ugliness to fret her, and add in any measure to her time of illness and
convalescence; for, as I have said before, no one knows how much we are
affected insensibly by our surroundings, and how much our spirits are
affected too by what we have to look at!
The first thing to recollect in choosing one’s paper is that there should be
nothing aggravating in it—no turns and twists that shall bother us as we lie
in bed; no squares or triangles that flatly refuse to join; in fact, nothing
special that can possibly worry us. I had once on one of my walls a
 Fig. 17.—A corner in a bedroom, Gable-end, Shortlands.

charming paper of Japanese chrysanthemum design. It had little colour

about it—only a faint pink flush, that just gave the idea of warmth without a
glare. To give body to this, the dado was of Indian matting with a dado rail
and wainscot paint of a good terra-cotta; the pink shade, not the brown. The
ceiling was papered with a pale diaper-patterned terra-cotta paper, which
was most pleasant to look at, and I had matting and rugs on the floor. A
slight idea of this room can be obtained from the illustration on the previous
page.
The doors, mantelpiece, &c. were all painted to match, and the doors
were panelled with terra-cotta chintz at 9d. a yard at Burnett’s, and had
brass fittings, which I bought at Maple’s eleven years ago, and which have
done service in two houses, and will go with me to a third, I hope, before
long. On the mantelpiece I had a full flounce of blue and white Lahore
cretonne, which is also used for covering the eider-down, and gave the
necessary piece of blue colour there, which was repeated in the tiles at the
back of the washing-stand, and on a big settee in one of the windows, which
is a most useful possession, as it serves for a sofa, and opens wide to hold
the dresses in. Maple keeps these box ottomans at about 2l. 10s., covered
with odds and ends of cretonnes; to cover them with anything pretty costs a
few shillings more, though, of course, occasionally the original covering
may be pretty enough for use. Mine was hideous—great pink roses and
green leaves, on a black ground; but for 10s. I made it quite a thing of
beauty with blue and white cretonne, properly frilled, and I also added a big
square frilled pillow, and a large drapery of gold thread tapestry, the same
pattern I use for toilet-covers and tablecloths, over my two square
cupboard-tables that serve to hold boots and odds and ends inside, and
books, &c., on the top, thus answering a double purpose.
I think these small cupboards are really the most useful things I have
ever invented, and so I will describe them fully, hoping other people may
find them as satisfactory as I have done. When I was in Dorsetshire, I think
I lived in the very awkwardest house in the whole county; and it was so
badly arranged that to have a morning-room at all I was obliged to copy our
French friends, and make what was a bedroom by night a charming sitting-
room by day. But perhaps I ought not to grumble, as it was entirely due to
this inconvenient house that I turned my mind more especially to making
the most of every room I had; and as I had to stow away my belongings in
pretty odds and ends, I thought of these small cupboards, and they have
proved the greatest success.
They are made of deal, are about three feet high, and are quite square;
they are painted some self-colour to match the room, and panelled with
Japanese leather paper, and have one shelf inside; the handle is brass and so
is the lock, and the hinges might be brass too if further decoration were
required. They hold quite a quantity of things, and I cover them with a
tapestry tablecloth, place a fern in a pot in the middle, and dot books and
photographs about them just as one would on a table. I had them made by
our own man, and I think they cost about 10s. or 12s., not more, and they
are most useful, for they can be put anywhere, and are never in the way; and
this obviates any necessity of the unsightly appearance of boots and shoes
lying about the floor, while it allows of keeping some in reserve, for boots
and shoes should never be bought and put on, but should be kept quite four
months before taking them into wear, as they wear twice as long if this very
simple precaution be taken.
The curtains to this room are short, as so often described, and are of the
terra-cotta cretonne used to panel the doors, while loose muslin curtains that
draw, of Liberty’s yellow and white printed muslin, hang over the glass to
keep off the eyes of ‘over the way’; and as I had no blinds I supplemented
these in summer by large dark blue serge curtains, at 1s. 11½d. a yard,
which hang flat against the wall, and depend from very narrow brass rods at
the top of the windows, the other curtains being only below the cathedral
glass top windows (which are never shut winter or summer), and which,
being opaque, require no permanent shading.
I may mention, by the way, that even in the bedrooms I should always
remove the hideous china handles provided by the landlord and replace
them with brass fittings. These are undoubtedly cheaper at Maple’s than
elsewhere, and cost, the brass finger-plates 1s. 10½d. each, and handles 1s.
11d. for two; brass bell-handles cost about 5s. 6d. each for downstairs,
while very pretty brass rings are sold for about 2s. 6d. at Maple’s, to be
sewn on flat straps of plush, cretonne, or serge worked in some
conventional design for bell-pulls; these are the nicest bell-pulls possible,
and last years with care. All these fittings can be removed when the tenant
leaves the house, only remember to carefully put away the china door-
fittings yourself, or they will be mysteriously lost when you wish to replace
them—a wasteful item that can be guarded against with just a little care.
Especially also would I paper the bedroom ceilings with some cheap and
pretty paper. Maple has an ideal bedroom ceiling at 4d. the piece in a
peculiarly charming shade of blue, which is always pleasant to look at; and
furthermore would I insist on a real dado, either of cretonne or matting, as
this always keeps a room tidy and prevents the wall being spoiled, by the
energetic manner in which the bed is always pushed into the wall, which is
the housemaid’s idea of placing it in position.
All Mr. Pither’s papers are excellent for bedrooms, in either the ‘berry’
or the ‘blossom’ pattern; and the sage-green ‘blossom,’ with sage-green
paint, a dado of sage-green marguerite cretonne, and terra-cotta ceiling
papers and cretonnes, and ash furniture make an excellent bedroom; while
the darkest blue ‘berry,’ with yellow and white cretonne dado and curtains,
blue carpet and ceiling paper, and white, or rather cream, paint and furniture
make another charming room; the flowery papers like old-fashioned
chintzes in subdued colours, with either a chintz or matting dado, and ivory
paint can furthermore be relied on to make a beautiful room. None of these
decorations, by the way, is expensive really, and as the dados wear as long
as the walls themselves they cannot be called a ruinous addition, and one is
repaid for the outlay over and over again by knowing that nothing can harm
one’s walls; and as I have the walls sized behind the dado material, and
have more than once taken down the dado to see if any dirt had crept
behind, and found the wall as clean as the day when the dado was put up, I
find the last objection to these dados done away with; for there are only two
that have ever been made to me—viz. expense, and possible culture of dirt
and creeping things.
And here, reminded of the enemies spoken of above, let me impress
upon my readers never to buy bedroom furniture at least in sale-rooms.
How can we know we are not buying infection, or how can we guarantee
that we shall not become possessors of more than we have paid for?
Therefore avoid sales, and go to some respectable firm and buy one or two
good things, supplementing them later as money allows, and making shift
for extras, as far as one can, until one can afford good solid furniture. In any
case let the grate be seen to, and, if possible, buy one of Mr. Shuffery’s
slow-combustion stoves and pretty over-mantels, or at least have the stove.
A bedroom fire is not waste or extravagance. I never believe firing is
extravagance anywhere, and the slow-combustion stove will save its own
cost in one month’s consumption of coal; while a narrow strip of looking-
glass about a foot wide, and enclosed in a painted deal frame, makes a
pretty bedroom shelf; this can be supplemented by fans, brackets, and the
ever-useful cheap and pretty chinas to be had of Gorringe.
Expensive as it doubtless is, I cannot see how Angelina is to do without
something in the shape of a wardrobe, unless she is lucky enough to come
across a little house already provided with cupboards. Some of the new
houses, both at Bush Hill Park and at a queer, pretty little corner of the
world called Brookgreen, Hammersmith (that I stumbled upon the other
day, and was delighted with), have great receptacles that reminded me of
the good days of old, when recesses in bedrooms were part of the house,
and room-like cupboards were a portion of the structure; but I am
compelled to confess that such conveniences are few and far between.
For example, most of the modern houses, and certainly one in which I
once lived, have not one single attempt at one, and have not even deep
recesses in which hooks and a curtain on a rod could be a substitute for a
cupboard, and in consequence we were compelled to spend a small fortune
on wardrobes. I purchased some very nice cheap ones at Maple’s made out
of deal, and painted a revolting drab colour, and also grained to imitate
maple—bird’s-eye maple. I only wish you could have heard the chorus of
anger when these arrived home, you would all have been amused; but I said
nothing, sent for my friend the painter, and gave them into his hands, and in
a short time they returned, one painted a lovely sparrow’s-egg blue, further
embellished with Japanese leather panels and brass locks; the other an
equally pretty shade of terra-cotta ‘treated’ very much in the same way. I am
almost afraid to say how little these cost. One has a long glass in, and I
think was 4l. 10s., and the other 4l.; but they have ample accommodation,
and are extremely pretty pieces of furniture, and match the dressing-tables,
washing-stands, and chairs, of which more anon. These painted wardrobes
can be embellished at home, if we use Aspinall’s invaluable enamel paints,
remembering that two coats of this make any old grained thing beautiful; all
one has to do is to scrub the old paint well with strong soda-water, rubbing
it down afterwards with glass-paper. All graining, by the way, can be treated
like this, though naturally painters much prefer to add up a bill and insist on
burning off all old paint. Should the graining be very thick, an application
of ‘Carson’s detergent’ is advisable; this costs 5s. at La Belle Sauvage Yard,
London, E.C., and removes the old paint in flakes immediately—a much
cheaper and far less offensive proceeding than the burning off of the paint
so dear to the soul of the ordinary workman.
In my own room I must confess to greater extravagance, for I had a large
dressing-table in light wood, and so fancied I must have all the rest to
match, and in consequence I had to give 12l. or 14l. for my wardrobe. This I
bought of Messrs. Hampton, in Pall Mall East, and better tradesmen I for
one do not know. After I had had that wardrobe a few months the glass
suddenly cracked straight across from no reason that I could discover, save
from pure ‘cussedness,’ as the Yankees say. However, I wrote to the firm,
telling them what had occurred, and they at once sent down an employé,
who discovered a warp in the wood, and without a word or an atom of
expense to me they removed the spoiled glass and door, and sent me a
brand-new one—a perfectly fair thing to do, of course, as the fault was in
the manufacture, but one very few people would have done, I venture to
state, without acrimonious correspondence, and an attempt to charge at any
rate. Why, only the other day I bought an umbrella at a shop I should love to
‘name,’ as they do in the House, and when it went into holes, real holes, in
less than a month they declined altogether even to re-cover it, saying it had
not had fair wear. It was not worth a fight, but that shop will now lose my
custom, and I most certainly will never recommend it to any one. If
tradesmen knew how far a little civility and courtesy went, some of them
would, I am sure, imitate the noble conduct of the Messrs. Hampton.
My wardrobe has a deep drawer for hats, a place for hanging jackets, and
plenty of shelves and other drawers for linen and dresses, and I could not do
without it in the least, though, of course, it may be too dear for Angelina, in
which case I must strongly recommend her to buy a cheap deal one and
have it painted to match her room, putting on brass handles—the drop
handles are the best and most decorative—and filling up any panels that
there may be with Japanese paper, or tightly stretched cretonne, like that
used for the hangings.
If Edwin be a clever carpenter, he can easily make a frame to simulate a
wardrobe. The top can be formed of very tightly stretched holland (it does
not show, and the glaze resists dirt and damp, I think, better than anything
else), and the front can be hidden by a nice curtain—serge lined with
holland would be best. The sides of the frame should have rings on, like
picture rings, to fasten them to the flat surface of the wall, and can be
painted. Edwin could put in some wide shelves, but these make-believe
cupboards are best for hanging one’s dresses and jackets in, as they will not
stand much weight. A less costly thing even than this can be made with an
arrangement of curtains, rods, and brackets, but the one suggested above
should not cost 30s., curtain and all, would last years, and be removable
from house to house, as no cupboard is.
The most valuable things I know, too, are Maple’s box ottomans. No one
makes them quite so cheaply as he does, and they are invaluable for ball-
dresses, spare blankets, ordinary dresses—in fact, for anything; and, with a
judicious arrangement of cushions, form sometimes an excellent substitute
for a sofa. Though, if the room be large enough, I recommend Angelina to
possess herself of what I always used to call ‘a long chair,’ which was
originally a camp bedstead, is made of iron and sacking, lets down to a bed
or rises up to an arm-chair, possesses an extra leg for a sofa, and finally has
a long cushion, covered with cretonne or serge, that can be made to serve as
a mattress if a spare bed is wanted in a hurry. I think this curious article of
furniture costs 30s., and there is nothing like it for comfort. The sacking
gives with one’s weight, and never fatigues one, and it is even superior to a
deck cane chair, which is very nice, but will creak and groan under one, and
is apt to feel hard and ridgy after lying there for some time.
I do hope my readers will not think I am given to ‘lying
 Fig. 18.—Draped alcove for a bed.

down’; it is an action I scorn when I am well; but I know, alas! too well
how necessary it is to be ready for an ‘emergency,’ and to know one has a
place of refuge and rest if life grows too much for one, and one’s headache
is just a little too bad to bear without retiring into private life for a while. At
first, of course, Angelina will have the house to herself, but that will not last
—at least I hope for her sake it will not—and she will then be glad to have
opportunities of resting for five or ten minutes, secure of safety from
interruptions, and servants, and children, or visitors. Besides, when she is
recovering after any illness there would be her sofa ready, and she would
not be perpetually fretted and worried by seeing the room disorganised by
the sudden introduction of a strange piece of furniture; the bringing in of
which, and the bumping and banging inseparable from this same
movement, often brings on a nervous attack, and fidgets her so much that
she would rather be without it than witness the commotion caused by the
moving.
If one’s home has these little conveniences it adds immeasurably to one’s
comfort, and they are not costly; and here I may mention that I consider a
screen indispensable too, for this can be moved to circumvent draughts or
too much light, and can also be used to protect the patient from worry when
the bed is made, &c.; things that always drive me distracted to witness, and
that screened off cease to be, as far as I am concerned.
 In most houses, too, the door opens confidingly on the only place where
the bed can stand, and then a screen is invaluable; it hides the bed itself, and
does not leave it exposed as it would were curtains used as a substitute.
Curtains, too, are things I always disapprove of. I do not even like Mr.
Arthur Smee’s most excellent arrangement of wing-like brackets, to which
curtains are attached, as I think people should have as much air as possible,
and I see no more reason for curtaining a bed than there would be for
curtaining one’s chair or sofa. A screen insures privacy; curtains hide one’s
head only, and cannot possibly avoid being stuffy; if, however, the bare
appearance of an uncurtained bed is objected to, the draped alcove sketched
on the previous page will be found easy to arrange and very pretty indeed.
This alcove is one of Messrs. Collinson and Lock’s designs.
I have been very sorry to notice a very strong attempt made by those
who ought to know better to revive that truly unhealthy and impossible
thing in a properly managed house—the wooden bedstead. I hear that these
detestable things are considered artistic—that to have a heap of feathers
sunk into a carved oak box in the height of luxuriance and æstheticism, so I
must beg my readers to carefully consider what a wooden bedstead means
and used to mean.
It meant immense trouble with certain small animals that came there
mysteriously with the clothes. It meant a taking to pieces, a scrubbing, and
a putting together again continually; and, above all, it meant a bonfire were
any person with an infectious disease to sleep upon it; and, in fact, I do not
know one single thing in its favour, and yet folks in their craving after a
false sensation of antiquity are actually thinking of going back to the
wooden bedstead.
One of the worst and silliest things I know is to go back into the middle
ages for those very articles that used to make our foremothers—I don’t
think our forefathers troubled much about their houses—miserable, and
when I see tiny diamond panes of glass, for example, when invention has
given us large sheets of glass through which light comes, and by throwing
open which we can admit as much air as possible; or when I hear of the
wooden bedsteads, I feel like a Philistine entirely, and long to uplift my
testimony on the great superiority of this present nineteenth century of ours,
when we are nothing if we are not sensible, and ought to know enough to
make use of all the beauty of past days, while we reject unconditionally the
futile, unhealthy nonsense that clings to them. Still, after this no one will be
surprised to hear that I consider a brass or iron and brass bedstead a sine
quâ non. Nothing is so clean, so cheerful-looking, and so healthy. There are
no draperies to catch dust or to give the sleeper a headache, and, moreover,
I never have a valance—never will allow one. Why should there be one?
Not one single thing of any sort or description should be put under the bed,
which, in a servant’s room, or the room of an untidy person, serves as a
regular hiding-place for boots, boxes, even soiled linen, and if there be
nothing to hide there is no necessity that I can see for a valance. A brass and
iron bedstead can be bought, full size, at Maple’s for 3l. 10s., and, of
course, very much handsomer ones can be procured; but plain beds are
much the best, for they can be rubbed free from dust in a very few
moments, and always look clean because they are so.
I do not think any one who has ever tried it can for one moment doubt
that a spring mattress made entirely of finely woven chains is the very best
and healthiest sort of bed that one can have, it never seems to get out of
order, it is quickly made softer or harder by being wound up tighter or
unwound, and, above all, it is easily kept clean, and is as easily disinfected,
should any fever or other infectious disease attack the owner thereof.
I have had, and still possess, one of the old-fashioned spring beds that
resemble very large mattresses, and, though this is extremely comfortable, it
is not to be as highly recommended as a bed one can brush and know is
quite clean, for it is covered with a tick, and has a mysterious internal
arrangement of spiral springs that is apt at times to get out of order, and
invariably groans and squeaks in an agonising way whenever one turns in
bed, while the noise and motion are both very trying when one’s nerves are
a little unstrung and one is restless and cannot sleep. It is expensive to have
it taken to pieces and cleaned, and the tick washed, which is not done half
as often as it ought to be, because it is costly and tiresome. There are
several sorts of chain-spring mattresses, and the ‘Excelsior,’ which is
inexpensive, answers every purpose; but I personally much prefer a very
fine woven chain, almost like chain-armour, which is expensive, but wears
splendidly, and only requires a nice hair mattress over it to be complete. I
always put over the chains themselves a square of brown holland, tied to
each of the four corners of the bedstead. This should be washed twice, or
even oftener, during the year, and it is also an excellent plan to put the nice
new hair mattresses and pillows into neat brown holland pinafores, or cases;
which can also be frequently washed in order to keep the ticks themselves
clean as long as we possibly can. Unless this is done, the ticks become
soiled and nasty-looking and shabby, because housemaids are but mortal,
and will not remember to wash their hands and put on spotlessly clean
aprons when they go up to make the beds. If brown holland is too dear,
‘crash’ serves every purpose, but the glaze on the holland resists dust better
than anything, and insures cleanliness.
If people suffer very much from cold, I am luxurious enough to allow
them a feather bed on the mattress. I always feel I am doing very wrong,
and that it is a most unhealthy practice, though I have one myself, for in the
winter, and indeed during most of the year, I hardly know what it is like to
be even moderately warm in bed; but I still think I should be doing well
were I to put away my feathers entirely, and only use the springs and the
hair mattress, but I am not strong-minded enough, so, though I know
feathers are unhealthy in every way, I still use them, believing that now I
am too old to change my undoubtedly evil ways.
A brass and iron bedstead furnished with the spring mattress, nice hair
mattress and bolster, and four pillows if a double, two if a single, bedstead,
is the beau-ideal of a sleeping place for health, and should furthermore be
provided with two under blankets—one in use, one in store in case of
illness—and two good pairs of nice Witney blankets, and these should be
marked in red wool with the date of purchase, initials, and number of the
room to which they belong. If the four blankets are too much, those not in
use should be very neatly folded under the mattress, thus insuring that they
are always aired and ready for use. An eider-down quilt is also nice in
winter, and should have an extra covering made from cretonne like the
window curtains, or in a pretty contrast, edged all round with a two-inch
goffered frill, and furnished with buttons and buttonholes, in order that it
can be easily removed and sent to the wash.
Three pairs of sheets are the least that can be allowed to each bed; the
top sheet of each pair should be frilled with Cash’s patent frilling two
inches and a half wide, and should have a large red monogram in the centre
to look really well; these can be worked by Angelina, if she has clever
fingers; and as it adds so very much to the appearance of the linen, I do
hope where she can she will embellish her house-linen with nicely
embroidered initials, repeating the same in the centre of the pillow-cases;
which should be frilled and placed outside the bed during the day to look
nice, the frilled cases being removed at night and replaced by plain ones,
from motives of economy. Four plain pillow-cases for each pillow, and two
or three frilled and embroidered ones for the top pillows, are the least that
can be allowed when the linen is bought; for if Angelina have to stay in bed
—and no doubt she will—a change from the plain pillow-case of night to
the frilled one for day, and a removal of the plain counterpane for a pretty
one, is as good almost as a change of room, and makes far more difference
in one’s feelings than can readily be believed. Now one especial word in
Angelina’s ear: I have never yet found in all my experience a servant who
can really and truly be trusted to properly air the bed. Her first idea is to
cover it up and get it made, and unless Angelina copies me I am quite
certain she will find the bed stuffy and disagreeable, because it has not had
time to get properly aired, and because it has been made up as soon almost
as Angelina got out of it.
Now there is not one single thing that should be left on the bed once one
is out of it. Do not be content with turning all the bed-clothes over the rail;
see they are all pulled out from under the mattress, separated, and hung up,
if possible. Then remove the pillows, and dot them about on chairs and
sofas; hang up separately the under sheet and blanket where they will
receive a current of air from the open window wet or dry; and then pull off
the mattress, placing it as close to the window as it will go, which only
takes about five minutes, as, of course, Edwin will help with the mattress,
and then, when dressed, open all the windows possible. Leave the door
wide open too, unless there are torrents of rain and a windy tempest going
on; and I venture to remark that the bed will be all right and properly aired,
even if Mary Jane rushes wildly upstairs from the breakfast table and sets to
work at once.
May I also add: don’t fold up your night attire! I used to be informed by
my governess that no lady ever left her towels on the floor—as if any one
wanted to—or went downstairs without neatly folding up her night-
garment. Now this I will not do. It should be left to air with the beds, and
should then be folded up, with the soft, woolly slippers in attendance, and
put neatly into an embroidered case provided for it. How fussy and old-
maidish all this seems, yet on these trifles depend so very much that I feel I
really cannot say too much about them. It may seem silly of me here to tell
most of my readers of things they may all do daily, just as they have their
meals, but I know a great many women who never think of these items, and
of course there may be a very great many others who just want to be given
the same sort of little hints too; and as for the servants, I do not believe one
exists who out of her own head would air a bed daily, and who does not
regard such airing as a useless fad.
While we are on the subject of beds, I may mention that a matchbox, the
boxes of Bryant and May’s, painted with enamel paint, and embellished
with a tiny picture, nailed to the wall just above one’s head, is an excellent
thing; and so is a bracket provided with either one of Mr. Drew’s small
paraffin lamps with a chimney, or else one of Field’s candle-lamps, also
with a glass shade; and that a bed pocket made out of a Japanese fan,
covered with soft silk, and the pocket itself made of plush, and nailed
within easy reach, is also very useful to hold a handkerchief or one’s watch;
and, furthermore, that great comfort is to be had from a table at one’s
bedside, on which can stand one’s book or anything one may be likely to
want in the night.
The counterpane of the bed should be one of these nice honeycomb
quilts with a deep cotton fringe; in winter and summer both, the eider-down
should be always on the bed ready for use, for some of our English summer
nights are as cold and chilly as many of the autumn and winter ones; and
very charming-looking day coverings for the beds can be bought for one
guinea at Marshall and Snelgrove’s, and are called Madras quilts. They
have more substance than Madras muslin itself, and are ready trimmed with
a neat fringe. Guipure and lace strips make nice quilts too, and very nice
covers can be made of cretonne like the curtains edged by the pretty nine-
inch goffered frill of which I am so fond; but if Angelina works, beautiful
ones can be made from crash or workhouse sheeting, embroidered in scrolls
and pomegranates in red chain stitch, a deep border of thicker work, also in
a pomegranate pattern, forming an appropriate and very handsome finish to
it. These quilts can be bought ready traced and begun at Francis’s, Hanway
Street, Oxford Street, W., at 30s.; they should be lined with sateen, and
finished off by a wide border of furniture lace, turned over a band of sateen
of any colour that will harmonise with the room itself.
A careful servant should brush under the bed daily to pick up any little
bits of fluff or dust, and once a week, without fail, all the corners should be
turned out and the room thoroughly cleaned. The floor, to be perfect, should
be stained all over, polished and rubbed bright, and be furnished with nice
rugs, which can be shaken daily, for nothing keeps so clean, and it is
undoubtedly healthy, for, much as I like matting, and largely as I use it, it
must fill up the corners entirely, and dust cannot help accumulating there, in
a bedroom.
Furniture for the room itself could be had cheaply, did we know of any
man willing to work under our orders, but this seems impossible.
I do not know if there are any trades-union rules among carpenters that
prevent them working for themselves; but, if not, I am quite sure an honest
mechanic could make a large fortune if only he set himself seriously to
work, and would keep to reasonable prices.

Fig. 19.

Of course, skilled cabinet-making is one thing, and the sort of work I

mean is another; but I am constrained to remark on this, because ordinary
shops, even the very cheapest, charge such terrible prices for furniture, and
I have had such useful things made from my own descriptions by a man in
our own employ, that I am sure such a man near London would soon be of
almost world-wide fame, and we should all have useful furniture, even if it
were not of polished ash and oak, elegantly finished, and in exquisite style.
We should, of course, all prefer the very best furniture possible, if we
could afford it; but, as we cannot, I should like to find a carpenter as good
as my old one, who would work for himself and really give us honest work
at honest prices.
There are some dressing-tables which I possess which this man made for
2l. 10s. out of strong, good deal. They have three very deep drawers each
side and one in the middle, and underneath the top drawer in one case there
is a rod to hold a curtain, and in the other there is a species of cupboard for
boots. The curtain also hides boots, but I prefer the cupboard, as it is the
tidiest, and has two divisions, one for shoes and one for boots. These were
stained deal, but I soon had them painted, one turquoise blue, one terra-
cotta, and added brass handles, and they are now not only useful but
extremely pretty. The frames of the looking-glasses were painted to match,
so that all was en suite.
There are, of course, many different sorts of dressing-tables, but I like
mine at 2l. 10s. as much as any for use. My own happens to be much more
expensive, because I had it, in the room I spoke of before, to serve for both
a toilet-table and washing-stand in a confined space; but this came to about
9l., which is not so very much when one considers it was instead of two
things. This has a very large glass in the centre, and drawers and recesses,
which hold china odds and ends, and is very pretty too. The part that was
used as a washing-stand is tiled, but now the tiles are covered, as I have at
present plenty of room for another stand, and it no longer does double duty.
Mr. Smee has designed a charming table, and has given me the drawing,
which is produced here. This is without exception the very best style of
table for a small room, as the drawers are extremely deep, and would hold
an immense quantity of things. The looking-glass is in the centre, the
drawers extending as far back as they are in front, and the table is provided
with two brackets to hold either china or flowers. This is painted any colour,
and the handles are brass. In the very best quality the price is 6l. 18s., but it
can be made cheaper, and Mr. Smee would no doubt tell any one who wrote
to him how much cheaper it could be made. He has not told me exactly the
lowest price, but it is an extremely charming piece of furniture, and it is as
decorative as it is undoubtedly useful.
Then there are those truly abominable dressing-tables, the deal frame
covered with muslin and lace and glazed calico, like the frock of a ballet-
dancer, or else with some serge material that resembles nothing so much as
a church altar; and that should never be used except in cases where the
others really cannot be managed on the score of expense; but, as there are
many nice sets of furniture to be bought for about 12l. 12s., I think,
somehow, a dressing-table can be managed by Angelina that shall not serve
as a dust-trap, a hiding hole for all sorts of débris, or an attraction for fire;
for many a death has been caused by these flimsy petticoated things
catching alight and flaring up in one moment.
 I had one once which was rather a good possession, as it was in reality a
deep square box. I believe it had once been an old wooden crib, retired from
active service and covered with a lid; and although it was very useful, and
held all my spare blankets, I never could bear the look of it, and it was
finally shorn of its legs and turned into an ottoman with a chintz cover. But
it is desperately heavy, and I never see it without feeling cross at its
unalterable ugliness.
I never use the ordinary white toilet-cover; this is another of my pet
detestations. I invariably have neat tapestry covers made to fit the tables
&c., and edged with a ball fringe to match. I use, moreover, self-coloured
felt and velveteen, also edged with furniture lace or fringe, and this I use
also to cover the box pincushions that are in every room, and are invaluable
for holding odds and ends, the gloves one has in wear, shoestrings, and so
on. For these, a large-sized cigar box is an excellent foundation. This should
be lined with wadding and glazed lining, the top carefully wadded too, and
all the outside covered with lining; then cover it tightly with either plush,
velveteen, or tapestry, and put fringe round in such a way that the opening
is hidden. Very tidy folks tie these boxes together with ribbons. I do not; life
is too short, and I find the fringe hides any gaps, and looks very nice too.
The top part does for pins or one’s brooches, though I prefer to keep my
pins in a china Japanese dish, shaped like a fish, because I can’t bear the
pin-stuck look of a cushion; and I put my brooches away in their boxes,
because they are apt to be knocked off and lost or bent, unless you are
possessed of a maid or housemaid who is as careful as she ought to be, and
yet somehow never is! The brushes and combs live in a middle drawer, the
paper in which should be changed once a week, when the room is properly
cleaned. They should never be placed on the toilet-cover, and, if there be no
centre drawer, two cedar-wood trays covered with tapestry covers over
pieces of washing stuff should be provided, to insure that they are not left
on the toilet-covers, and that cleanliness is duly respected. In front of the
toilet-table, however the room is covered, there should be an extra rug. Of
course, if the carpet be new the first beauty of the carpet may be used if you
like, but this I do not advise: first, because you may like to change your
furniture—I love changing mine—and in this case you could not, because
the carpet would be marked; and, secondly, because it is a pity to wear it out
more in one place than another, which you could not avoid doing if you do
not put a rug down in the place you use most. In the case of matting or
staining a rug would be imperative, and I strongly recommend one for a
carpet for the reasons mentioned above. Before we leave the dressing-table
for the washing-stand, I should like to say a few words about the way to
light it. Careful survey should be made of the room before the gas-brackets
are put in, and, if possible, one should be so arranged as to bring the light
over the centre of the glass.
In a big room a bracket each side is advisable. Long brass brackets
should be used, which should be able to be moved either to the side or to
the middle of the glass, bringing the light well over the top whenever it is
possible, thus doing away at once with any necessity for candles and the
attendant dangers. If candles are used they should be invariably protected
with Price’s candle guards; but once more I say, have one of Messrs. A. and
A. Drew’s perfect little 1s. 6d. lamps in every room. They are quite safe,
and can be carried from room to room without the very smallest danger.
They never smell, are lighted and put out in a moment, and are invaluable
to any mother who pays domiciliary visits to her children, and puts down
her light to tuck up or kiss the little sleepers, for she can place this lamp
even in a draught and at the same time need not consider if a curtain is
blowing close by, for if it did it could do no harm. They are useful even to
the reader in bed, as they give sufficient light for that, although they do not
come up to the excellent candle lamps recently invented, but which cost a
guinea, as contrasted with our modest 1s. 6d., and have no protection for the
flame, which, however, is far back in the lamp, and not easily reached.
Another item must also be mentioned before we leave the toilet-table
subject. Every scrap of hair should be collected by Angelina herself before
she leaves the toilet-table, and be placed somewhere out of sight, to be
burned by herself in the nearest fire. Avoid those terrible things called
toilet-tidies, which make me shudder whenever I see them hanging up; but
do not leave this item near a servant’s hands: they cannot resist combing out
the brush either into the washing basin or the toilet-pail. The drains become
clogged—no one knows why, until that miserable creature the plumber has
to be called in, when, after spoiling all that comes within his reach, he
discovers the cause, and sends in a tremendous bill, all of which need never
have happened had Angelina looked after this item herself. If the nursery
fire be handy it can be disposed of every morning; if not, a little box could
be kept in one corner of the dressing-table drawer, and the contents burned
when the room is cleaned, which should be done with the very greatest
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