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the grounds or buildings all materials condemned by him, whether worked or unworked, and to take down all portions of the work which the Architect shall by like written notice condemn as unsound or improper, or as in any way failing to conform to the drawings and specifications, and shall make good all work damaged or destroyed thereby.

ART. V. Should the Contractor.. at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architect, the Owner.. shall be at liberty, after three days written notice to the Contractor.. to provide any such labor or materials, and to deduct the cost thereof from any money then due or thereafter to become due to the Contractor.. under this contract; and if the Architect shall certify that such refusal, neglect or failure is sufficient ground for such action, the Owner.. shall also be at liberty to terminate the employment of the Contractor.. for the said work and to enter upon the premises and take possession, for the purpose of completing the work included under this contract, of all materials, tools and appliances thereon, and to employ any other person or persons to finish the work, and to provide the materials therefor; and in case of such discontinuance of the employment of the Contractor... ..shall

not be entitled to receive any further payment under this contract until the said work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid under this contract shall exceed the expense incurred by the Owner.. in finishing the work, such excess shall be paid by the Owner.. to the Contractor..; but if such expense shall exceed such unpaid balance, the Contractor.. shall pay the difference to the Owner... expense incurred by the Owner.. as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architects, whose certificate thereof shall be conclusive upon the parties.

The

ART. VI. The Contractor.. shall complete the several portions, and the whole of the work comprehended in this Agreement by and at the time or times hereinafter stated to wit:

ART. VII. Should the Contractor.. be delayed in the prosecution or completion of the work by the act, neglect or default of the Owner.., of the Architect, or of any other contractor employed by the Owner.. upon the work, or by any damage caused by fire or other casualty for which the Contractor.. ....not responsible, or by combined action of workmen in no wise caused by or resulting from default or collusion on the part of the Contractor.., then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all the causes aforesaid, which extended period shall be determined and fixed by the Architect; but no such allowance shall be made unless a claim therefor is presented in writing to the Architect within forty-eight hours of the occurrence of such delay.

ART. VIII. The Owner.. agree.. to provide all labor and materials essential to the conduct of this work not included in this contract in such manner as not to delay its progress, and in the event of failure so to do, thereby causing loss to the Contractor.., agree that.. ....will

reimburse the Contractor.. for such loss; and the Contractor.. agree.. that if..... .shall delay the progress of the work so as to

cause loss for which the Owner.. shall become liable, then..

shall reimburse the Owner.. for such loss. Should the Owner.. and Contractor.. fail to agree as to the amount of loss comprehended in this Article, the determination of the amount shall be referred to arbitration as provided in Art. XII of this contract.

ART. IX. It is hereby mutually agreed between the parties hereto that the sum to be paid by the Owner.. to the Contractor.. for said work and materials shall be..

subject to additions and deductions as hereinbefore provided, and that such sum shall be paid by the Owner.. to the Contractor.., in current fund, and only upon certificates of the Architect, as follows:

The final payment shall be made within..

..days after the completion of the work included in this contract, and all payments shall be due when certificates for the same are issued.

If at any time there shall be evidence of any lien or claim for which, if established, the Owner.. of the said premises might become liable, and which is chargeable to the Contractor.., the Owner.. shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify.. ..against such lien

or claim. Should there prove to be any such claim after all payments are made, the Contractor.. shall refund to the Owner.. all moneys that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the Contractor.. default.

ART. X. It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment shall be construed to be an acceptance of defective work or improper materials.

ART. XI. The Owner.. shall during the progress of the work maintain insurance on the same against loss or damage by fire,.

the policies to cover all work incorporated in the building, and all materials for the same in or about the premises, and to be made payable to the parties hereto, as their interest may appear.

ART. XII. In case the Owner.. and Contractor.. fail to agree in relation to matters of payment, allowance of loss referred to in Arts. III or VIII of this contract, or should either of them dissent from the decision of the Architect referred to in Art. VII of this contract, which dissent shall have been filed in writing with the Architect within ten days of the announcement of such decision, then the matter shall be referred to a Board of Arbitration to consist of one person selected by the Owner.., and one person selected by the Contractor.., these two to select a third. The decision of any two of this Board shall be final and binding on both parties hereto. Each party hereto shall pay one-half of the expense of such reference.

The said parties for themselves, their heirs, successors, executors, administrators and assigns, do hereby agree to the full performance of the covenants herein contained.

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written.

In presence of

Form C. Contract between Contractor and SubcontractorLump-sum Contract

THIS AGREEMENT, made the.

year one thousand nine hundred and..

.day of..... .between..

.in the

(hereinafter designated Sub-Contractor, whether an individual, firm, or corporation,) and a corporation, (hereinafter designated Contractor). WITNESSETH: That Sub-Contractor in consideration of the agreements herein made by Contractor agrees with Contractor as follows:

ARTICLE I. In this contract the word "work" shall mean the work, materials, matters and things required to be done and furnished by Sub-Contractor under this contract. The word "Owner" shall mean..

..the Owner of the building,

of which the Sub-Contractor's work forms a part. The word "Architect" shall mean.

the Architect for the Owner of the building, and shall include the Architect's assistants. Sub-Contractor acknowledges that this contract is a complete agreement and is not to be interpreted by reference to any previous document or understanding, except as may be specifically referred to herein.

ARTICLE II. Sub-Contractor shall provide all the materials and perform all the work required to complete and will complete the following described work in connection with the building of..

all as shown on the plans and/or called for by the specifications and addenda thereto.... ...and including the GENERAL CONDITIONS as prepared by the Architect and in strict conformity therewith; these specifications and drawings identified by the signatures of Sub-Contractor and Contractor shall be kept on file in the office of Contractor, and shall be considered as part of and illustrating this agreement. Any work shown on drawings, though not mentioned in specifications, or described in specifications and not shown on drawings, shall be executed as part of this contract, and said plans and specifications shall be construed as supplementing one another.

Reference is hereby made to certain addenda attached hereto and initialed by the parties hereto, which addenda, designated as Articles.. are hereby made a part of this agreement.

ARTICLE III. The sum to be paid by Contractor to Sub-Contractor for the work shall be........... ....dollars ($.. ..), subject to additions and deductions as herein provided, which sum is herein referred to as the Price.

ARTICLE IV. Sub-Contractor agrees to proceed at once with the preparation of material, to be prepared to start erection of same on or before to begin erection when notified so to do, and to complete fully the work on or before...

It is expressly agreed that time shall be the essence of this contract, and that the payment of the Price is executory and conditioned upon the completion of this contract as above specified; for every day that Sub-Contractor shall require for the completion of this contract beyond the said time there shall be deducted from the Price the sum of...

.....dollars ($........). Sub-Contractor agrees to co-operate with Contractor and with other sub-contractors in the diligent performance of the work and to proceed in such manner as to enable Contractor to complete the entire building on or before..

ARTICLE V. It is expressly understood and agreed by and between the parties hereto that the above provision for a progressive reduction of the Price for each day's delay in the completion of the work is solely on account of and in liquidation of those elements of damage which Contractor will suffer through the disarrangement of its organization and plans for the economical prosecution of building operations caused by any delay on the part of Sub-Contractor; but the deduction specified is not intended to cover any loss or damage to which the Owner may be put through delay on the part of Sub-Contractor for which Contractor may be liable, nor any loss or damage to Contractor on account of any delay in the completion by it of the whole building or structure; and it is agreed that in case any delay in the performance of this contract by Sub-Contractor, due allowance being made for the contingencies expressly provided for herein, shall cause damage to Owner for which Contractor is liable, or in case such delay shall cause delay in the completion by Contractor of the entire building or structure, Sub-Contractor shall be liable to Contractor therefor.

Should Sub-Contractor be delayed in the prosecution of the work by the act, neglect or default of Contractor, Owner or Architect, or any other sub-contractors employed by Contractor or Owner upon the premises, or by any damage caused by fire, lightning, earthquake, cyclone, or any casualty for which Sub-Contractor is not responsible, or by strikes or lockout, by or against the Sub-Contractor's employees then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any of the causes aforesaid. This extension shall be determined and fixed by Architect, but no such allowance shall be made unless a claim there for is presented in writing to Contractor within fortyeight (48) hours of the occurrence of delay, and such claim approved in writing by Contractor. Sub-Contractor agrees that such extension of time for completing this work precludes, satisfies and cancels any and all other claims on account of such delay.

Permitting Sub-Contractor to continue work after the time to complete has expired shall not be construed as a waiver of damages for non-compliance with the time clause, and Sub-Contractor herewith agrees that this provision of its contract shall be notice that permission to continue work after the contract time has expired shall not constitute a waiver thereof.

Contractor shall have the right to order Sub-Contractor to work overtime in order to expedite the final completion of the building, and it is agreed that for such overtime Contractor is to pay only the actual excess cost over the regular rate. Should it be necessary in the opinion of Contractor for Sub-Contractor to work overtime due to failure on his part to keep up with the general progress of the work, then Sub-Contractor shall work overtime and the entire cost and expense so incurred shall be borne by Sub-Contractor.

ARTICLE VI. The work is to be done to the satisfaction of Architect and Contractor, and the decision of Architect as to the true construction and

meaning of the drawings and specifications, and the character of the work, shall be final. Such additional drawings and explanations as are necessary to detail and illustrate the work are to be furnished to Sub-Contractor, and Sub-Contractor shall conform to them as part of this contract, so far as they are consistent with the original signed drawings and specifications. Sub-Contractor agrees at his own expense to carefully protect, watch over and care for all of his work and to make good any damage resulting from the action of the elements or otherwise to the work until the final completion and acceptance by Architect of the entire building but Contractor agrees without cost to Sub-Contractor to keep all work done by Sub-Contractor at the building site and all materials intended to form a permanent part of the building delivered at the building site adequately insured against damage by fire.

Sub-Contractor agrees to comply with all municipal rules and ordinances, wherever the same apply to said building or affect said work; also to comply with the requirements of the Building Department wherever they affect Owner, Architect, or Contractor, and to comply with all other laws and ordinances made in pursuance of law and to save Owner, Architect and Contractor from all annoyance and fines having reference to this work, and to give proper authorities all requisite notices relating to the work and procure and pay for all necessary official licenses or permits for temporary obstructions, enclosures, etc.

Sub-Contractor will furnish Contractor within fifteen days after signing this contract a complete list of drawings and details, dates when required, and any other information necessary in order to get out the work within the time specified. No extension of time will be allowed by reason of SubContractor not being furnished with details or other information, unless the above request is made and Contractor fails to furnish the information within a reasonable time.

Should Sub-Contractor fail to make deliveries of material herein called for, thereby causing or threatening to cause delay in the general progress of the work, Contractor shall have the right to investigate the cause of such failure and expedite deliveries; all expense incurred by Contractor on this account shall be borne by Sub-Contractor.

Sub-Contractor agrees to co-operate with Contractor and other subcontractors employed by Contractor with whose work that of Sub-Contractor may come in contact in order to avoid complications and insure first class workmanship in every respect, and further that in the manufacturing, assembling and erection of the work he will employ only men whose work will be acceptable to and in harmony with other workmen employed on the building.

Sub-Contractor agrees to attend in person or by his authorized representative such meetings at the building as may be called by Contractor for the purpose of expediting the progress of the work.

ARTICLE VII. Contractor shall be at liberty at any time, either before the completion or during the construction of the work or any part thereof, to order any extra work to be done and to make any changes which it may deem expedient, whether such changes increase or diminish the work to be done, but no such changes shall be made except upon written order of Contractor signed by an executive officer, stating the additional time allowed, if any, and the amount to be added to or deducted from the Price. Unit prices, if they are named in this contract, shall be used in determining the value of such changes. In case of disagreement as to the adjustment of the Price or of the time of completion Sub-Contractor shall proceed with the

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