This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This agreement made the---------day of---------, in the year Nineteen Hundred and---------, by and between C. D., hereinafter called the Contractor, and A. B., hereinafter called the Owner,
Article 1. The Contractor agrees to provide all the materials and to perform all the work shown on the Drawings and described in the Specifications entitled --------- [here insert the caption descriptive of the work as used in the
Proposal, General Conditions, Specifications, and upon the Drawings], prepared by ---------, acting as, and in these Contract Documents entitled the Architect, and to do everything required by the General Conditions of the Contract, the Specifications and the Drawings.
Article 2. The Contractor agrees that the work under this Contract shall be substantially completed --------- [here insert the date or dates of completion, and stipulations as to liquidated damages, if any].
Article 3. The Owner agrees to pay the Contractor in current funds for the performance of the Contract --------- ($ ), subject to additions and deductions as provided in the General Conditions of the Contract and to make payments on account thereof as provided therein, as follows: On or About the --------- day of each month --------- per cent. of the value, proportionate to the amount of the Contract, of labor and materials incorporated in the work --------- up to the first day of that month as estimated by the Architect, less the aggregate of previous payments. On substantial completion of the entire work, a sum sufficient to increase the total payments to--------- per cent.
Article 4. The Contractor and the Owner agree that the General Conditions of the Contract, the specifications and the Drawings, together with this Agreement, form the Contract, and that they are as fully a part of the Contract, as if hereto attached or herein repeated; and that the following is an exact enumeration of the Specifications and Drawings: ---------.
1 The Standard Documents have received the approval of the National Association of Builders' Exchanges, the National Association of Master Plumbers, the National Association of Sheet Metal Contractors of the United States, the National Electrical Contractors' Association of the United States, the National Association of Marble Dealers, the Building Granite Quarries Association, the Building Trades Employers' Association of the City of New York, and the Heating and Piping Contractors National Association. Third edition, copyright 1915-1918, by the American Institute of Architects, The Octagon, Washington, D. C. This form is to be used only with the standard general conditions of the contract.
For general conditions, see Sec. 3822.
A number of different forms of building contracts are given, some in great detail and others in shorter forms. See Sec. 3824 et seq. For extras, see Sec. 1469 et seq.
For approval of arcSec. tect, engineer, etc.. see 99 2625 et seq. For arbitration, see Sec. 721 et seq. and 2613 et seq. For damages, see Sec. 3036, 3194, 3215 and 3216. For destruction of building, see Sec. 2693. For performance, see Sec. 2775, 2784 and 2793 et seq. For prevention of performance by contractor, see Sec. 2921. For breach by non-performance, see Sec. 2933. For precedent covenants, see Sec. 2958. For instalment contracts, see Sec. 3022. For acceptance of defective performance, see Sec. 3048. For damages, see Sec. 3215 et seq.