Form of contract adopted and recommended for general use, by the American Institute a party of the second part (hereinafter designated the Owner ).

Architects and the National Association of Builders.

Revised 1902.

This Agreement, made the....................................................................................................................................

in the year one thousand nine hundred and......................................................................by and between party of the first part (hereinafter designated the. Contractor ). and..............................................

Witnesseth that the Contractor , in consideration of the agreements herein made by the

Owner agree with the said Owner as follows:

Article I. The Contractor shall and will provide all the materials and perform all the work for the......................................................................................................................................................

....................................................................................................................................., as shown on the drawings and described in the specifications prepared by.....................................

...............................................................................................................................................

Architect , which drawings and specifications are identified by the signatures of the parties hereto, and become hereby a part of this contract.

Art. II. It is understood and agreed by and Between the parties hereto that the work included in this contract is to be done under the direction of the said Architect , and that.........................decision as to the true construction and meaning of the drawings and specifications shall be final. It is also understood and agreed by and between the parties hereto that such additional drawings and explanations as may be necessary to detail and illustrate the work to be done are to be furnished by said Architect , and they agree to conform to and abide by the same so far as they may be consistent with the purpose and intent of the original drawings and specifications referred to in Art. I.

It is further understood and agreed by the parties hereto that any and all drawings and specifications prepared for the purposes of this contract by the said Architect are and remain.........................property, and that all charges for the use of the same, and for the services of said Architect , are to be paid by the said owner.

Art. III. No alterations shall be made in the work except upon written order of the Architect; the amount to be paid by the Owner or allowed by the Contractor by virtue of such alterations to be stated in said order. Should the Owner and Contractor not agree as to amount to be paid or allowed, the work shall go on under the order required above, and in case of failure to agree, the determination of said amount shall be referred to arbitration, as provided for in Art. XII of this contract.

Art. IV. The Contractor shall provide sufficient, safe and proper facilities at all times for the inspection of the work by the Architect or.........................authorized representatives; shall, within twenty-four hours after receiving written notice from the Architect to that effect, proceed to remove from the grounds or buildings all materials condemned by.........................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........................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 con-tract; 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 in-curred 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 . The 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 Architect , whose certificate thereof shall be conclusive upon the parties.

Art. VI. The Contract or 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:

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