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 contract entered into this --------- day of ---------, A. D. 19-, by and between A. B., of the---------, of---------, and State of---------, party of the first part, and C. D., of the---------of---------, and State of---------, of the said---------, party of the second part;
Witnesses, that the said party of the first part hereby agrees to furnish all the material and perform all the labor required as specified under the head of---------, according to the plans and specifications furnished by ---------, Architect -, in the erection of a--------- situated--------- in the said---------.
All work shall be executed in a thorough, complete and most workmanlike manner and agreeable to such direction as may be given from time to time by the said Architect - and Superintendent -, to whose entire satisfaction all work must be done. If any alterations shall hereafter be made by order of the party of the second part, or by the said Architect -, varying from the plans and specifications, either by adding thereto or diminishing therefrom, such alterations shall not vacate the contract hereby entered into, but the value of them shall be ascertained by the Architect - and added to or deducted from the sum of money hereinafter mentioned, as the case may be.
If the party of the first part shall neglect or refuse to carry on the work with such dispatch as shall be thought necessary by the Superintendent - to complete the work by the time hereinafter specified, or shall neglect or refuse to furnish such materials for, or to do the work as the Superintendent -directed, it shall be lawful for the party of the second part, or Superintendent -, to employ such other person or persons as the said party of the second part shall think fit or necessary to furnish such unprovided materials, or to furnish any of the unfinished work, after having given notice in writing to the party of the first part, three days before employing such person or persons, and the bill or bills of any artificer, laborer or mechanic that may be employed, or for materials furnished, and all expenses incidental thereto, shall be deducted out of any moneys that may be due or to become due on this contract, and owing to the party of the first part, or any part thereof, as the case may be, and in case of deficiency the party of the first part shall be held liable therefor, and the Superintendent - of said work---------hereby empowered to have any materials which - he - may reject, removed from the premises forthwith to secure its non-usage.
And it is further agreed between the parties aforesaid, that all payments made on the work during progress are on account of this contract, and in no case shall they be construed as an acceptance of the work and materials furnished, and that the party of the first part shall be liable to all these conditions and agreements until the work is completed and accepted as finished; and no part of the work covered by this contract is to be re-let or sub-contracted without the consent in writing of the party of the second part.
And it is further agreed by the party of the first part that the work herein specified shall be finished and ready for acceptance on the - day of---------,
In consideration of the faithful performance by the party of the first part as above stated, the party of the second part agrees to pay the party of the first part on certificate of Superintendent -, as follows: In all the gross sum of --------, to be paid in manner as follows, to-wit: Eighty per cent. of the proportionate value of the work done monthly, as the work progresses, on the estimates of the Superintendent -, and the remaining twenty per cent., together with all other sums, if any, due on this contract, shall be paid on the completion and acceptance of the entire work herein contracted for, as soon thereafter as the said Superintendent - and the party of the second part are satisfied that the work is completed, and are assured against the existence of any mechanics' liens or the claims and demands against the party of the first part of any subcontractor for work performed or materials furnished for and on said building:
Provided, however, that no materials shall be estimated or paid for until actually wrought into the construction of said building.
In witness whereof, etc.
See references under Sec. 3821.