Made this eleventh day of February, one thousand nine hundred and five, between W. W. Jones, of the City of Los Angeles, County of Los Angeles, State of California, the party of the first part, and C. N. Stratton, of the said City and County, State aforesaid, the party of the second part,
Witnesseth : The party of the first part will be hereinafter designated as the Owner, and the party of the second part as the Contractor, singular number only being used; and the word Architect used herein in the singular shall include the plural, and the masculine the feminine.
First. - The Contractor agrees, within the space of Sixty (60) working days from and after February 11, 1905, to furnish the necessary labor and materials, including tools, implements and appliances required, and perform and complete in a workmanlike manner all that certain two-story, seven-room residence, and other works shown and described in and by, and in conformity with, the plans, drawings and specifications for the same made by Geo. E. Willis, the authorized Architect employed by the Owner, and which are signed by the parties hereto.
Second. - Said Architect shall provide and furnish to the Contractor all details and working drawings necessary to properly delineate said plans and specifications; and the work is to be done and the materials furnished in accordance therewith under the direction and supervision and subject to the approval of said Architect, or a superintendent selected and agreed upon by the parties hereto, within a fair and equitable construction of the true intent and meaning of said plans and specifications. ,
Third. - The time during which the Contractor is delayed in said work by the acts or neglects of the Owner or his employees, or those under him by contract or otherwise, or by the acts of God which the Contractor could not have reasonably foreseen and provided for, or by stormy and inclement weather which delays the work, or by any strikes, boycotts, or like obstructive action by employee or labor organizations, or by any lockouts or other defensive action by employers, whether general or individual, or by organizations of employers, shall be added to the aforesaid time for completion. ,
Fourth. - Said building, or residence aforesaid, is to be erected upon a lot of land situated in the City of Los Angeles, County of Los Angeles, State of California, and described as follows: Lot 10 in Block D of the Harvard Heights Tract, on Cambridge street, between Harvard avenue and Hobart boulevard.
Fifth. - The owner agrees, in consideration of the performance of this agreement by the Contractor, to pay, or cause to be paid, to the Contractor, his legal representatives or assigns, the sum of Twenty-two Hundred and Twenty Dollars ($2220), in United States gold coin, at times and in the manner following, to-wit: $200 when brick foundation is finished, frame up arid rafters on; $400 when plumbing is roughed in, building is enclosed, roof is on and interior is ready for plastering; $600 when inside finish is on, plumbing completed and building ready for painting; $465 when completed and accepted; $555 in 36 days after notice of completion has been filed.
Provided, that when each payment or installment shall become due, and at the final completion of the work, certificates in writing shall be obtained from said Architect, stating that the payment or installment is due or work completed, as the case may be, and the amount then due; and the said Architect shall at said times deliver said certificates under his hand to the Contractor, or, in lieu of such certificate, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate or certificates. And, in the event of the failure of the Architect to furnish and deliver said certificates, or any of them, or in lieu thereof the writing aforesaid, within three days after the times aforesaid, and after demand therefor made in writing by the Contractor, the amount which may be claimed to be due by the Contractor, and stated in the said demand made by him for the certificate, shall, at the expiration of said three days, become due and payable, and the Owner shall be liable and bound to pay the same on demand.
In case the Architect delivers the writing aforesaid in lieu of the certificate, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificate.
Sixth. - For any delay on the part of the Owner in making any of the payments or installments provided for in this contract after they shall become due and payable, he shall be liable to the Contractor for any and all damages which the latter may suffer; and such delay shall, in addition, operate as an additional extension of the time for completion aforesaid for the length of time of such delay. And such delay, if for more than five days after the date when said payments or installments shall have respectively become due and payable, as in this agreement provided, shall, at the option of the Contractor, be held to be prevention by the Owner of performance of this contract by the Contractor.
Seventh. - The specifications and drawings are intended to co-operate, so that any work exhibited in the drawings and not mentioned in the specifications, or vice versa, are to be executed the same as if both mentioned in the specifications and set forth in the drawings, to the true intent and meaning of the said drawings and specifications when taken together. But no part of said specifications that is in conflict with any portion of this agreement, or that is not actually descriptive of the work to be done thereunder, or of the manner in which the said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void.
Eighth. - Should the Owner or the Architect, at any time during the progress of the work, request any alterations or deviations in, additions to, or omissions from, this contract or the plans or specifications, either of them shall be at liberty to do so, and the same shall in no way affect or make void this contract; but the amount thereof shall be added to, or deducted from, the amount of the contract price aforesaid, as the case may be, by a fair and reasonable valuation. And this contract shall be held to be completed when the work is finished in accordance with the original plans, as amended by such changes, whatever may be the nature or extent thereof.
Ninth. - The rule of practice to be observed in the fulfillment of the last foregoing paragraph (eight) shall be that, upon the demand of either the Contractor, Owner or Architect, the character and valuation of any or all changes, omissions, or extra work, shall be agreed upon and fixed in writing, signed by the Owner or Architect and the Contractor, prior to execution.
Tenth. - Should any dispute arise between the Owner and Contractor, or between the Contractor and Architect, respecting the true construction of the drawings or specifications, the same shall, in the first instance, be decided by the Architect; but should either of the parties hereto be dissatisfied with the justice of such decision, or should any dispute arise between the parties hereto respecting the valuation of extra work, work done, or work omitted, the disputed matter shall be referred to, and decided by, two competent persons who are experts in the business of building, - one to be selected by the Owner or Architect, and the other by the Contractor; and, in case they cannot agree, these two shall select an umpire, and the decision of any two of them shall be binding on all parties.
Eleventh. - Should the Contractor fail to complete this contract, and the works provided for therein, within the time fixed for such completion, due allowance being made for the contingencies provided for herein, he shall become liable to the Owner for all loss and damages which the latter may suffer on account thereof, but not to exceed the sum of $35 per day for each day said works shall remain uncompleted beyond such time for completon.
Twelfth. - In case said work herein provided for should, before completion, be wholly destroyed by fire, defective soil, earthquake or other act of God which the Contractor could not have reasonably foreseen and provided for, then the loss occasioned thereby shall be sustained by the Owner to the extent that he has paid installments thereon, or that may be due under the fifth clause of this contract; and the loss occasioned thereby and to be sustained by the Contractor, shall be for the uncompleted portion of said work upon which he may be engaged at the time of the loss, and for which no payment is yet due under said fifth clause of this contract.
In the event of a partial destruction of said work by any of the causes above named, then the loss to be sustained by the Owner shall be in the proportion that the amounts of installments paid or due bears to the total amount of work done and materials furnished, estimated according to said contract price, and the balance of said loss to be sustained by the Contractor.
Thirteenth. - The payment of the progress-payments by the Owner shall not be construed as an absolute acceptance of the work done up to the time of such payments; but the entire work is to be subject to the inspection and approval of the Architect or Superintendent at the time when it shall be claimed by the Contractor that the contract and works are completed; but the Architect or Superintendent shall exercise all reasonable diligence in the discovery, and report to the Contractor as the work progresses, of materials and labors which are not satisfactory to the Architect or Superintendent, so as to avoid unnecessary trouble and cost to the Contractor in making good defective parts.
Fourteenth. - Should the Contractor, at any time during the progress of the work, refuse or neglect, without the fault of the Owner, Architect or Superintendent, to supply a sufficiency of materials or workmen to complete the contract within the time limited herein, due allowance being made for the contingencies provided for herein, for a period of more than three days after having been notified by the owner in writing to furnish the same, the Owner shall have power to furnish and provide said material or workmen to finish the said work; and the reasonable expenses thereof shall be deducted from the amount of the contract price.
In Witness Whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written.
W. W. Jones. (Seal)
C. N. Stratton. (Seal)