Agreement, made.................... between........
............hereinafter referred to as Contractor and.....
..............hereinafter referred to as Owner.
1. The Contractor agrees, for the consideration hereinafter named, to perform all of the work and provide all of the labor, cartage, materials, implements, machinery, appliances and all other articles necessary or proper to completely erect, construct and finish in a good, substantial and workmanlike manner, a building upon certain premises situated..........
.........., all in accordance with and as shown on certain drawings and described in certain specifications prepared by ....................Architect, which drawings and specifications have been identified by the parties, and are hereby made a part of this contract.
2. The work included in this contract shall be done under the general supervision and direction of the said Architect. Should there be a disagreement between the Contractor and the Architect as to the true construction and meaning of the drawings or specifications, the Contractor shall adopt the construction, contended for by the Architect, so that there may be no delay in the work by reason of such disagreement. The doing of the work by the Contractor in accordance with such judgment of the Architect shall not be deemed an acceptance by the Contractor of such construction of the plans or specifications and, in the event that the Contractor so desires, the question as to the true construction of such plans and specifications, in any instance, shall be the subject of arbitration as hereinafter provided, for the purpose of determining the disagreement; and, if the question is decided in favor of the Contractor, and the cost of doing the work in accordance with the judgment of the Architect shall have been more expensive than the method contended for by the Contractor (which question shall also be the subject of the same arbitration), the Contractor shall be deemed to have performed this contract for so much less as is represented by such excess in cost. But nothing herein contained shall be construed so as to deprive the Contractor of such costs and its profit of ten (10%) per cent. (as hereinafter provided), upon such excess in cost.
3. No alterations shall be made in the work except upon written order of the Architect.
4. The Contractor agrees to provide the usual facilities at all times for the inspection of the work by the Architect or its authorized representatives; and within twenty-four hours after receiving written notice from the Architect to that effect to remove from the ground and buildings all materials condemned by it, 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. The question whether work or material condemned by the Architect was properly condemned may upon written demand of the contractor be referred to arbitration as hereinafter provided. If the question is decided against the Contractor he shall pay the cost of the removal and replacement and the cost of the material and work and this cost shall not be charged against the Owner; but if said question is decided in favor of the Contractor, the cost of the removal and replacement and the cost of the material and the work shall be added to the cost of performance and shall augment $................. And in the event that the arbitrators decide said question in favor of the Contractor the time herein fixed for performance shall be extended by a period equal to the period of delay caused by such work.
5. The Contractor shall conform in all respects to all statutes, ordinances, and other regulations and requirements of all authorities having jurisdiction of the work or any part thereof, and shall procure all permits except the building permits (which building permits the Owner shall obtain at once), licenses and privileges which shall be required in the prosecution of the work; shall restore to good and proper condition any street and part thereof, any pavement, conduit or other structure therein or thereon; and shall upon completion of the work, remove therefrom and from the premises and streets adjacent, all refuse, waste, unused material and all remaining property of the contractor, its sub-contractors, employees, agents and servants, and properly clean the said building and the said streets. The Contractor shall protect all property adjacent to or which may be affected by this operation so that no damage shall result therefrom, and shall in all respects in the performance of this contract use reasonable care and diligence to guard against and prevent accidents and injuries of every kind, both to persons and property. The Contractor shall promptly pay for all labor and services employed and for all materials furnished and as far as practicable shall cause similar prompt payment to be made by all sub-contractors. The Contractor shall use its best efforts to reduce the cost of the work to the lowest figure commensurate with the quality of materials and character of the work, as called for by the specifications.
6. 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, the Owner shall be at liberty, after five days' written notice to the contractor, to provide any such labor and materials, and to deduct the damage caused thereby from any money then due or thereafter to become due to the Contractor under this contract; and 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, it shall not be entitled to receive any further payment, under this contract until final completion of the building, on which date the Contractor shall receive whatever balance may remain after deducting from the Contractor's profit and cost of performance to the date of discontinuance, all damage incurred through the default of the Contractor as aforesaid.