A contract may be a very formal document prepared with due deliberation after all the terms have been fully considered, or, as is more often the case, it may be a specific tender and and unqualified acceptance. In this connection it is well to point out that if the acceptance is not unqualified, there is not a valid contract. For instance, if the plumber writes:

"Philadelphia, Pa., August 21st, 1910.

Mr. August Blank.

Dear Sir: - I will furnish all material and labor, according to the plans and specifications, for the plumbing work in the residence you are building on the corner of 12th and Houston Streets, for the sum of Six Hundred Dollars ($600.00).

Respectfully submitted,

Henry Leader." and Mr. August Blank replies:

"Philadelphia, Pa., August 22, 1910. Mr. Henry Leader.

Dear Sir: - I herewith accept your offer of the 21st inst. to furnish all material and labor according to the plans and specifications for the plumbing work in my new residence, Twelfth and Houston Streets, for the sum of Six Hundred Dollars ($600.00).

August Blank."

The two letters form a binding and valid contract which will be enforced in any court having jurisdiction. If, however, Mr. Blank sends a qualified acceptance like the following:

"Philadelphia, Pa., August 22d, 1910. Mr. Henry Leader.

Dear Sir: - I hereby accept your offer of the 21st inst., to furnish all material and labor according to the plans and specifications for the plumbing work in my new residence, Twelfth and Houston Streets, for the sum of Six Hundred Dollars. ($600.00), provided you will include the gas fitting for this price.

Yours very truly,

August Blank." there would be no contract because there was not an unqualified acceptance. Instead the offer has been met by a counter offer and the contract can only be consummated by an unqualified acceptance by the plumber of the tender made by the owner. If, taking that letter for an acceptance, as he was willing to throw in the gas fitting, the plumber went ahead, ordering material for the work and incurring other expenses without notifying the owner, he would have no redress for the owner's actions, if, considering his counter offer was refused, the owner gave the contract to some other plumber.

The owner might accept the terms but. stipulate that half the contract price be paid in 60-day notes; or there might be some other condition which he would like to incorporate, but no matter what the condition might be, it prevents the consummation of the contract so long as it remains unaccepted by the plumber.

Another point to remember is that once an offer like the foregoing is accepted, payment is not due until the contract is completed in its entirety, unless stipulated otherwise in the specifications. Therefore, in the absence of a payment clause in the specifications, it is well for the plumber to state in his offer the manner in which he would like payments made.

In order that the contract be binding, the offer or tender must be specific. The plumber must unqualifiedly offer to do that which is accepted. If through excessive caution, or with a view of opening negotiation he should make a tentative offer such as:

"Philadelphia, Pa., August 21st, 1910.

Mr. August Blank.

Dear Sir: - I have carefully studied the plans and specifications for your new residence, Twelfth and Houston Streets, and believe I can put you in a first class job of plumbing for Six Hundred Dollars ($600.00). I trust, therefore, that you will favor me with the work when you are ready to let the plumbing contract.

Respectfully submitted,

Henry Leader." and the owner should send an unqualified acceptance, it would not consummate a contract enforceable against the plumber, for he has not specifically offered to do the work for that sum. His belief that he can profitably perform the work for six hundred dollars is not an offer to do so.

The following form of contract is a copy of the uniform contract adopted and recommended for use by the American Institute of Architects and National Association of Builders. It is well, however, in preparing a contract for signatures, to avoid printed forms. Usually they contain some provision which is objectionable and had better be left out. A printed form may be used as a guide, however, and a typewritten copy prepared incorporating whatever sections or articles are considered desirable and omitting those which are objectionable or which are not clearly understood as affecting the terms of the agreement under consideration. When a printed form is to be used, sometimes the intention is to cross out objectionable articles by drawing lines through them; but, by an oversight, the objectionable sections are not eliminated before signing and those remain, retaining all their validity.

Uniform Contract

Adopted and Recommended for General Use by the

AMERICAN INSTITUTE OF ARCHITECTS and the NATIONAL ASSOCIATION OF BUILDERS

This Agreement, made the..............................................day of............................................................in the year one thousand nine hundred and............................................by and between

..................................................party of the first part (hereinafter designated the Contractor), and............................party of the second part (hereinafter designated the Owner).

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 pre pared by.................................................................................

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