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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics online

. (page 10 of 70)
Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 10 of 70)
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, his executors or administrators, shall and will deliver

up to him the said , his executors or administrators, th

stock then remaining for his or their own use and benefit, to the value of tb<



FOBMS OF CONTRACTS OB, AGREEMENTS. 73

sum of losses by bad debts, decay of goods, and other inevitable

casualties excepted.

Witness our hands and seals, this day of

in. the year 18

(Signatures,) (Seals.)
In Presence of

(22.)
A Brief Building Contract.

Contract for building made this day of one thousand eight

hundred and by and between of in the County

of and of in the County of Builder .

The said covenant and agrees to and with the said to make,

erect, build, and finish, in a good substantial and workmanlike manner,
upon situate said to be built agreeable to the

draught, plans, explanations or specifications, furnished or to be furnished to said
by of good and substantial materials ; and to be finished complete

on or before the day of And said covenant and agrees

to pay to said for the same dollars, as follows :

Security against mechanics, or other lien, is to be furnished by said prior

to payment by said

And for the performance of all and every the articles and agreements above
mentioned, the said and do hereby bind themselves, their heirs,

executors and administrators, each to the other, in the penal sum of dollars,

firmly by these presents.

In "Witness Whereof, We, the said and have hereunto

set our hands the day and year first above written.

(Signatures.) (Seals.)
Executed and Delivered in Presence of

Contracts for building are among those most frequently made,
and also among those which require the utmost care. A specifica-
tion stating and describing all the things which the parties desire
and intend to have done should always accompany the contract ; and
it is very difficult for persons not accustomed to the work to remem-
ber and specify, and properly describe, all the things they propose
to have in the building ; and all these things should be accurately
and precisely stated in the specification. From omissions or errors
of this kind, cases and questions are constantly arising. To assist
those who have to prepare for themselves or others a contract of this



74 AGREEMENT AND ASSENT.

sort, I have given, first, a brief and simple form ; I now give a very
full and minute form, prepared by a skilful lawyer, and in wide
use ; and then a full and minute specification for building a block
of houses, prepared by a very eminent architect.



(23.)
A Full and Minute Building Contract.

An Agreement, of two parts, made this day of in the year

one thousand eight hundred and sixty- by and between

part of the first part and

part of the second part.

The said part of the first part, in consideration of the sum of money to be paid
by the said part of the second part, as hereinafter mentioned, and the covenants
and agreements hereinafter recited, to be kept and performed by the said part
of the second part, do for sel and Covenant,

Promise, and Agree, to and with the said part of the second part,
that the said part of the first part, shall and will, in a good and

workmanlike manner, and according to the best of art and ability, do and

perform the following work, and provide materials for the same,

that is to say :

The whole of said work is to be performed, and all the said materials furnished,
in conformity with the plans and specifications of the same, as made by

the ARCHITECT hereby appointed

by said part of the second part, which plans and specifications bear even date
herewith, and are signed by the parties hereto, and under the superintendence and
direction of hereby appointed SUPERINTENDENT and AGENT of the said

part of the second part, which plans and specifications are to be considered as
forming a part of this agreement, as if herein fully written and drawn.

The said part of the first part further agree that the work aforesaid shall
be commenced and be constantly prosecuted, and the materials aforesaid promptly
furnished and that all said work shall be completed on or before

the day of in the year one thousand eight hundred and sixty-

and, furthermore, that no charge of any kind shall be made by the said part
of the first part to the said part of the second part, beyond the sum of
dollars, unless the said part of the second part, and the said Superintendents,
shall alter the aforesaid plans and specifications, in which case the value of such
alterations shall be added to the amount to be paid under this contract, or deducted
therefrom, as the case may require : it being expressly understood that no extra
work of any kind shall be performed, or extra materials furnished, by the said part



FORMS OF CONTRACTS OR AGREEMENTS. 75



of the first part, unless first authorized by the said part of the second part, and
the said Superintendents, in writing ; and that the said part of the second part,
and the said Superintendents may, from time to time, make any alterations of, to,
and in the said plans and specifications, upon the terms aforesaid.

The said part of the first part, for sel and legal representatives,
further promise and agree that insurance shall be effected upon the building
as soon as the roof is put on and covered ; the amount of said insurance to be for
such sum as the said part of the second part, and the said Superintendents shall
direct, to be further increased, from time to time, at the direction of the said party
of the second part, and the said Superintendents ; the policy to be in the name and
for the benefit of said part of the second part, or legal representatives, and
to be made payable, in case of loss, to for -whom it may concern : each

party to this agreement hereby agreeing to pay one-half the cost of such insurance.

The said part of the second part, for sel and legal representatives,
in consideration of the materials being provided and the labor done as herein
required, and all other of the stipulations, requirements, matters and things herein
set forth, being kept and performed by said part of the first part, Covenant,
Promise, and Agree, to and with the said part of the first part :
that will well and truly pay, or cause to be paid, unto the said part of the
first part, or legal representatives, the sum of dollars, in the

manner following :

It is agreed by and between the parties to this agreement, as follows :

1st. That for each and every day's delay in the performance and completion of
this agreement, or of any extra work under it, after the said day of in

the year one thousand eight hundred and , there shall be allowed and paid

by said part of the first part, to said part of the second part, or represen-
tatives, damages for such delay, if the same shall arise from any act or default on
the part of the said part of the first part

2d. That the said part of the first part, or representatives, shall not be
delayed in the constant progress of the work under this agreement, or any of the
extra work under the same or connected therewith, by said party of the second
part, or by his Superintendents or any other contractor employed by the said part
of the second part, upon or about the premises ; and for each and every day, if
any, shall be so delayed, additional day to be allowed to complete
the work aforesaid, from and after the day hereinbefore appointed for its entire
completion, unless upon the contingency provided for below in the 5th article.

3d. That each and every person employed, by sub-contract or " piece work," by
the said part of the first part, in the providing materials or performing labor oi
works in the fulfilment or execution of this agreement, shall be, in the opinion of
the said Superintendents, a suitable, competent, and satisfactory person.

4th. That the said part of the first part shall and will engage and provide,
at own 'jost and expense, during the progress of the works under,- and until

7



76 AGKEEMEXT AND ASSENT.

*

the completion and fulfilment of this agreement, a thoroughly competent " Foreman
of the Works," whose duty it shall be to attend to the general supervision of all
matters hereby undertaken by said part of tte first part, and also to the correct
and exact making, preparing, laying-out, and locating of all patterns, moulds,
models, and measurements in, to, for, and upon the works hereby agreed upon, from
and in conformity with the said plans and specifications, and according to the
direction of said Architects.

5th. That if at any time during the progress of the work the said Superintendent*
shall find that said work is not carried forward with sufficient rapidity and thorough-
ness, or that the materials furnished, foreman of the works, sub-contractors or
workmen employed by the part of the first part, are unsatisfactory, and insuf-
ficient for the completion of the work within the tune and in the manner stipulated
in the plans and specifications aforesaid, shall give notice of such insufficiency

' and defects in progress, materials, foreman, sub-contractors, or workmen, to the
party of the first part ; and if within three days thereinafter such insufficiency and
defects are not remedied in a manner satisfactory to the party of the

second part, through the agency of said Superintendents, or otherwise, may enter
upon the work, and suspend or discharge said party of the first part, and all em-
ployed under him, and carry on and complete the work, by " days' wcrk," or other-
wise, as may elect, providing and substituting proper and sufficient materials
and workmen ; and the expense thereof shall be chargeable to the said party of the
first part, and be deducted from any sum which maybe due to him on a final
settlement; and the opinion of said Superintendents shall be final, and their
certificate in writing conclusive evidence between the parties hereto, on all questions
and issues arising on or out of this fifth article of this Agreement, subject to the
final decision of the referees hereinafter named.

6th. That the said part of the first part shall be solely responsible for any
injury or damage sustained by any and all person or persons, or property, during
or subsequent to the progress and completion of the works hereby agreed upon,
from or by any act or default of the said part of the first part ; and shall be
responsible over the party of the second part for all costs and damages which said
party of the second part may legally incur by reason of such injury or damage ; and
that the said part of the first part shall give all usual, requisite, and suitable
notices to all parties whose estates or premises, being adjoining those upon which
the works hereby agreed upon are to be done, may or shall be any way interested
in or affected by the performance of said works.

7th. That the said part of the first part shall, from tune to time, during the
progress of the said works, apply to the said Architects for all needful explanations
of the true intent and meaning of the said plans and specifications; and that
" working-plans " shall, at the expense of the said part of the second part, be
from time to time, and whenever requisite, furnished by the said Architects to the
said part of the first part, upon reasonable notice being given to the said
Architects that the same are requisite and needful ; and further, that the said
part ~of the first part will not and shall not, in the execution, performance, and



FORMS OF CONTRACTS OR AGREEMENTS. 77

fulfilment of this agreement, in any way deviate from the entire and exact com-
pliance with, adherence to, and fulfilment of the said plans, " working-plans," and
specifications, by reason of any practical difficulty which, in opinion, mav or

shall arise or occur ; unless some such deviation shall, in the opinion and by the
certificate of the said Architects, become absolutely necessary and unavoidable, in
which case said part of the first part , to make such deviation as they may
be directed by said Architects.

And AVhereas it is the intention of the parties hereto, that the said part
of the first part shall bear and pay all the expenses necessary for and incident to
the carrying into full and entire execution and completion all the works contem-
plated in this agreement, it is further understood and agreed by and between the
parties to this agreement, that in case any lien or liens for labor or materials shall
exist upon the property or estate of the said part of the second part, at the,
time or times when by the foregoing terms or provisions of this agreement a pay-
ment is to be made by the said part of the second part to the said part of
the first part, such payment, or such part thereof as shall be equal to not less than
double the amount for which such lien or liens shall or can exist, shall not be pay-
able at the said stipulated tune or times, notwithstanding any thing to the contrary
in this agreement contained ; and that the said part of the second part may and
sLall be well assured that no such liens do or can attach or exist before shall

be liable to make either of the said payments.

It i-o expressly understood by the part of the first part, that all the works
describee' or referred to in the annexed specifications are to be executed by the said
part oi" xKe first part, whether or not the said works are illustrated by the afore-
said plans and working-drawings ; and that said part of the first part to
execute all works shown by the aforesaid plans and working-drawings, whether or
not said works are described or referred to in the said specifications.

If any apparent discrepancy shall be found to exist between the plans, working-
drawings, and the specifications, the decision as to the fair construction of said
discrepancy, and of the true intent and meaning of the plans, working-drawings,
and specifications, shall be made by the Architects hereinbefore named ; and said
part of the first part shall provide and execute the said works in accordance
with said decision, with the right of a final decision by the referees hereinafter
named, as a part of the original works undertaken by said part of the fir^t
part

And Further Know all Men, That the parties hereto of the first part
and of the second part severally, respectively, and mutually, hereby agree to sub-
mit, and hereby do submit, each, all, and every demand between them hereinafter
arising, if any, concerning the value of any changes of, or omissions in, or additions
to, the aforementioned plans or specifications, or concerning the manner of per-
forming or completing the work, or the time or amount of any payment to be made
under this agreement, or the quantity or quality of the labor or materials, or both,
to be done, furnished, or provided under this agreement, or any other cause or



78 AGREEMENT AND ASSENT.

matter touching the work, the materials, or the damages contemplated, set forth, or
referred to, in or by this agreement, or concerning the construction of this agree-
ment, to the determination of .

the award of whom, or the award of a majority of whom

being made and reported within year from the tune hereinbefore

fixed upon for the final completion of this agreement to the Superior Court for the
County of the judgment thereof shall be final ; and if either cf the

parties shall neglect to appear before the Arbitrator , after due notice given
of the time and place appointed for hearing the parties, the Arbitrator may
proceed hi absence.

In Witness "Whereof, The parties aforesaid have interchangeably set their
hands and seals, the day and year first above written, to this and
other instrument of like tenor and date.

(Signatures.') (Seals.)
Executed and Delivered in Presence of

STATE OR COMMONWEALTH OF

COUNTY OF A.D., 18

Then the above-named personally appeared and

acknowledged the above instrument, by them signed, to be their free act.
Before me,

Justice of the Peace.

(24.)
Specification to be annexed to the Building Contract.

Specifications of Materials to be provided and labor to be performed

in the erection, and completion ready for occupancy (excepting plumbing and

other water-works, painting, glazing, and piling) a block of houses for

to be located on an estate recently purchased by him of on the

easterly side of Street in within about 116 feet of the north-east

corner of Street and Street. Said houses are to be constructed

agreeably to plans prepared by , Architect, and under the direction of

, acting for and on behalf of said as superintendent

of said building.

Description. The block is to occupy and cover the full width from north ta
ecrath of said estate, with its north and south ends located on the true boundaries
of the estate (measuring about 117 feet in length, and just 45^ feet in width).
Said block is to be of four finished stories in height, besides a finished story within
the intended French roof proposed to cover the whole structure. A cellar is to be
constructed beneath the entire area of the building, and an area in the rear of the
same ; the latter to be of the form and dimensions indicated upon the drawings
referred to. The clear heights of all the stories when finished are to be as follows,



SPECIFICATIONS OF MATEEIALS 79

to wit: first, second, and third stories each 10 feet; and the French-roof stoiy 9
feet. The cellar is to be 8 feet high in clear of the plastered ceiling and concrete
flooring. The top of the flooring of the first story is to be located 3 feet 4 inches
above the intended grade .of the court- yard designed to be located in front or to the
west of the block, as indicated particularly upon the profile drawing of the estate
from east to west, forming one of the drawings before referred to ; it being fully
understood that the contractor for said block is to fill in, grade, and enclose with
bank stone-walls, the north and south ends of the front or west yard of said estate,
and the north, south, and east (or rear) yard walls of the said block, which walls
are to be of the sectional form indicated by drawing of the same, forming one of
the sets of drawings referred to.

Memo. The front or west yard of the block will reach in width to the rear or
east wall of a second block of tenement-houses designed to be erected by said
Parker upon the front or westerly portion of said estate, but- forming no part of the
works to be estimated for under the specifications or plans.

Works. The contractor for the block is at his own proper cost and expense
to perform all labor of every kind requisite for its full completion, including all labor
necessary for exterior grading, bank-walling, sewerage, flagging and paving, enclos-
ing walls and fences, and for all other matters by these specifications required, and
by the plans shown. Said works are to be of the best quality, and are to be per-
formed by first-class workmen only, with the full right reserved to the said superin-
tendent to discharge from the employ of the contractor for said block any workmen
not of satisfactory capacity to him. Said works are further to be performed in
such manner as to wan-ant and insure on the part of the contractor the most relia-
ble and thorough construction, warranted in all cases to stand without start or flaw,
and, in the case of all wood-work, warranted free from shrinkage, and so to remain.
Said works are further to be so done as to progress at such rates of progress as are
hereinafter stipulated, not, however, inconsistent with the quality of work required
as aforesaid.

Materials. All materials of every kind requisite for the full and entire com-
pletion of the block, together with its exterior adjuncts hereinbefore and hereinafter
named, are to be provided at the sole cost of the contractors. Said materials are
to be of the several kinds and quality hereinafter recited and described, but when
not fully set forth in these plans and specifications, then the kinds to be used are in
all cases to be the very best marketable qualities. All materials proposed to be
used by them (the contractors) are at all times to be subject to inspection for ap-
proval or rejection by said superintendent ; and the said superintendent shall be
duly notified, and have the full opportunity in case he so elects to examine and in-
spect all materials before any of the same are delivered at the site of the build-
ing ; and all materials he shall elect to reject shall be promptly replaced by such
other stock as shall be satisfactory to the said superintendent, with the right on the
part of the contractor to appeal from the decision of said superintendent to the



80 AGREEMENT AND ASSENT.

referees named over the signatures of the owner of the property and tJie contractor
for the block, in the agreement to be by them executed as a part of these presents.
All materials designed for the building shall at all times be suitably housed, covered,
and protected, including all walls daily on leaving the works. No window-frame
or other exterior wood-finish shall be left unprimed more than one day after the
same is worked or set. Any work or material damaged in any way during the erec-
tion of the building shall be promptly replaced on demand of the superintendent.
The premises are not to be considered accessible from Gloucester Place for the pas-
sage of men or materials, unless the written consent of the owners of the fee of
said place is first obtained. The care and protection of the street (Washington)
by day and night is not to be charged upon the contractors for said block ; and, for
this reason, all the materials of every kind designed to be used therein, must be
landed fairly in the rear or to the west of the contemplated second or front block,
with the right of passage, however, through the centre opening in said second or
front block, for materials, and men engaged in the construction of said rear block.

Basement and Yard Drainage. (See detailed plans of drams, cesspools,
and aqueducts.) Three main drains of 16 inches clear diameter are to start from
the three rear-yard cesspools, at proper levels of being wholly below basement-story
flooring. These drains are to pass directly into and under the front yard of the
block, after passing and connecting with three cesspools to be located on the base-
ment-story centre passageway under same, and in the said yard. They are to enter
a single drain of two feet clear diameter ; which drain the contractor for this block
is to build through and under the archway of the contemplated front block of
buildings, at proper levels, and with sure pitch, to connect with the Washington-
street sewer in front of said Parker estate ; which said connection is to be fully and
legally made with said city sewer. But the cost of right to enter, including right
to run plumbing works therein, will be arranged for and paid by said Parker. In
addition to the three drains through the block aforesaid, there are to be branch-
drains from the soil pipes of all water-closets, of 12 inches clear diameter each ; and
these drains are ah 1 to enter the principal drains aforesaid to the west or outside of
the three cellar cesspools before referred to ; and all other waste-pipes of sinks are
to enter said drains to the east or inside of these basement-story cesspools. Eight
aqueducts are to be laid from the shoes of the eight roof-conductors, and five others
from the bottom of the five stone staircases outside of the basement. Three aque-
ducts may be square, but are to be fully six inches clear each way and are to be
covered with 1^ inch slate stones (not brick) ; and said aqueducts are to have full
fall, workmanlike and endurable connections, with the other drains, all of which
connections shall be in such localities as to make sure that no "soil" odor can
" blow up " through the aqueducts into conductors or into areas at the foot of the
several basement steps aforesaid.

Memo. The paving of the yards and that of the centre passageways insido of
basement story is to pitch toward the several cesspools properly and -egularly on
inclines>



SPECIFICATIONS OF MATERIALS. 81

Memo. Every wall and pier and wooden partition of basement story is (o be
lime-whitewashed (three heavy coats by an experienced expert). Proper aque-
ducts in brick are to be laid for Cochituate mains and metres, and for gas ditto
ditto so far as the same may be required by superintendent to insure workmanlike
construction for " entering " these matters from such points in the front yard of the
block as the water and gas company bring same.

The two north and south boundaries of the front yard and three boundaries of
the rear yard, excepting across the rear end of Gloucester Place, are to be fully en-



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 10 of 70)