Harold E. Group - Small Houses of the Forties: With Illustrations and Floor Plans

AGREEMENT AND GENERAL CONDITIONS
BETWEEN CONTRACTOR AND OWNER

Issued by the American Institute of Architects for use only when the proposed work is simple in character, small in cost, and when a stipulated sum forms the basis of payment. For other contracts the Institute issues the standard form of agreement between contractor and owner for construction of buildings and the standard general conditions in connection therewith for use when a stipulated sum forms the basis for payment.

Copyright, by The American Institute of Architects

THIS AGREEMENT made the ..... day of .................. in the year Nineteen Hundred and ..... by and between ..... hereinafter called the Contractor, and .......................................................... hereinafter called the Owner.

WITNESSETH, That the Contractor and the Owner for the considerations hereinafter named agree as follows:

Article 1. Scope of the Work The Contractor shall furnish all of the material and perform all of the work for .............................. as shown on the (Caption indicating the portion or portions of work covered) drawings and described in the specifications entitled prepared by ..... Architect all in accordance with the terms of the contract documents.

Article 2. Time of Completion The work shall be substantially completed ............................

Article 3. Contract Sum The Owner shall pay the Contractor for the performance of the contract subject to the additions and deductions provided therein in current funds, the sum of ............................. dollars. ($.......)

Article 4. Progress Payments The Owner shall make payments on account of the contract, upon requisition by the Contractor, as follows:

Article 5. Acceptance and Final Payment Final payment shall be due ..................... days after completion of the work, provided the contract be then fully performed, subject to the provisions of Article 16 of the General Conditions.

Article 6. Contract Documents Contract documents are as noted in Article I of the General Conditions. The following is an enumeration of the drawings and specifications:

GENERAL CONDITIONS

Article 1. Contract Documents The contract includes the Agreement and its General Conditions , the Drawings , and the Specifications . Two or more copies of each, as required, shall be signed by both parties and one signed copy of each retained by each party.

The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of the work, and the terms and conditions of payment therefor.

The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all.

Article 2. Samples The Contractor shall furnish for approval all samples as directed. The work shall be in accordance with approved samples.

Article 3. Materials, Appliances, Employes Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality.

All workmen and sub-contractors shall be skilled in their trades.

Article 4. Royalties and Patents The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof.

Article 5. Surveys, Permits, and Regulations The Owner shall furnish an adequate survey of the property. The Contractor shall obtain and pay for all permits necessary for the prosecution of the work. He shall comply with all laws and regulations bearing on the conduct of the work and shall notify the Owner if the drawings and specifications are at variance therewith.

Article 6. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect.

Article 7. Inspection of Work The Contractor shall permit and facilitate inspection of the work by the Owner and his agents and public authorities at all times.

Article 8. Changes in the Work The Owner may order changes in the work, the Contract Sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved.

Article 9. Correction of Work The Contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from the date of completion of the contract. The provisions of this article apply to work done by sub-contractors as well as to work done by direct employes of the Contractor.

Article 10. Owners Right to Terminate the Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the Owner, after seven days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at his option, may terminate the contract and take possession of all materials, tools, and appliances and finish the work by such means as he sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner.

Article 11. Contractors Right to Terminate Contract Should the work be stopped by any public authority for a period of thirty days or more, through no fault of the Contractor, or should the work be stopped through act or neglect of the Owner for a period of seven days, or should the Owner fail to pay the Contractor any payment within seven days after it is due, then the Contractor upon seven days written notice to the Owner, may stop work or terminate the contract and recover, from the Owner payment for all work executed and any loss sustained and reasonable profit and damages.

Article 12. Payments Payments shall be made as provided in the Agreement. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens or from faulty work appearing thereafter, as provided for in Article 9, and of all claims by the Contractor except any previously made and still unsettled. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to sub-contractors or for material or labor.

Article 13. Contractors Liability Insurance The Contractor shall maintain such insurance as will protect him from claims under Workmens Compensation Acts and from any other claims for damages for personal injury, including death, which may arise from operations under this contract. Certificates of such insurance shall be filed with the Owner, if he so require, and shall be subject to his approval for adequacy of protection.

Article 14. Owners Liability Insurance The Owner shall be responsible for and at his option may maintain such insurance as will protect him from his contingent liability for damages for personal injury, including death, which may arise from operations under this contract.