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 this --------- day of ---------, 19-, by and between---------, hereinafter called the Subcontractor, and ---------, hereinafter called the
Section 1. -The Subcontractor agrees to furnish all material and perform all work as described in Section 2 hereof for --------- [here name the kind of building] for--------- [here insert the name of the Owner], hereinafter called l This form has been approved by 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, and the Heating and Piping Contractors National Association. Copyright 1916, by the American Institute of Architects, The Octagon, Washington, D. C.
the Owner, at --------- [here insert the location of the work], in accordance with the General Conditions of the Contract between the Owner and the Contractor, and in accordance with the Drawings and the Specifications prepared by ---------, hereinafter called the Architect, all of which General Conditions,
Drawings and Specifications signed by the parties thereto or identified by the Architect, form a part of a Contract between the Contractor and the Owner dated -------, 19-, and hereby become a part of this Contract.
Section 2. - The Subcontractor and the Contractor agree that the materials to be furnished and work to be done by the Subcontractor are --------- [here insert a precise description of the work, preferably by reference to the numbers of the Drawings and the pages of the Specifications].
Section 3. - The Subcontractor agrees to complete the several portions and the whole of the work herein sublet by the time or times following: ---------
Section 4. - The Contractor agrees to pay the Subcontractor for the performance of his work the sum of --------- ($-------) in current funds, subject to additions and deductions for changes as may be agreed upon, and to make payments on account thereof in accordance with Section 5 hereof.
Section 5. - The Contractor and Subcontractor agree to be bound by the terms of the General Conditions, Drawings and Specifications as far as applicable to this subcontract, and also by the following provisions:
The Subcontractor agrees:
(a) To be bound to the Contractor by the terms of the General Conditions, Drawings and Specifications, and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the Owner.
(c) To make all claims for extras, for extensions of time and for damages for delays or otherwise, to the Contractor in the manner provided in the General Conditions for like claims by the Contractor upon the Owner, except that the time for making claims for extra cost is one week.
The Contractor agrees:
(d) To be bound to the Subcontractor by all the obligations that the Owner assumes to the Contractor under the General Conditions, Drawings and Specifications, and by all the provisions thereof affording remedies and redress to the Contractor from the Owner.
(e) To pay the Subcontractor, upon the issuance of certificates, if issued under a schedule of values, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Subcontractor's interest therein.
(f) To pay the Subcontractor, upon the issuance of certificates, if issued otherwise than as in (e), so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the Contractor is to the value of the work done by him.
(g) To pay the Subcontractor to such extent as may be provided by the Contract Documents or the Subcontract, if either of these provides for earlier or larger payments than the above.
(h) To pay the Subcontractor on demand for his work or materials as far as executed and fixed in place, less the retained percentage, at the time the certificate should issue, even though the Architect fails to issue it for any cause not the fault of the Subcontractor.
(k) To make no demand for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in the Subcontract.
(1) That no claim for services rendered or materials furnished by the Contractor to the Subcontractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten days of the calendar month following that in which the claim originated.
(n) To name as arbitrator under the General Conditions, the person nominated by the Subcontractor if the sole cause of dispute is the work, materials, rights or responsibilities of the Subcontractor; or, if of the Subcontractor and any other Subcontractor jointly, to name as such arbitrator the person upon whom they agree.
The Contractor and the Subcontractor agree that:
(o) In the matter of arbitration, their rights and obligations and all procedure shall be analogous to those set forth in the General Conditions.
Nothing herein shall create any obligation on the part of the Owner to pay or to see to the payment of any sums to any Subcontractor.
In witness whereof, they have hereunto set their hands the day and date first above written.
In presence of ---------,