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. (b) To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment under his contract. (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. 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 Subcontracts, 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. (j) To pay the Subcontractor a just share of any fire insurance money received by him, the Contractor, under the General Conditions. (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 Sub contract. (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. (m) To give the Subcontractor an opportunity to be present and to submit evidence in any arbitration involving his rights. (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. Finally. The Subcontractor and Contractor, for themselves, their heirs, successors, executors, administrators and assigns, do hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF they have hereunto set their hands the day and date first above written. In Presence of Subcontractor. Contractor STANDARD FORM OF ACCEPTANCE OF SUBCONTRACTOR'S PROPOSAL FOR USE IN CONNECTION WITH THE THIRD EDITION OF THE STANDARD FORM OF AGREEMENT AND GENERAL CONDITIONS OF THE CONTRACT This form has been approved by the National Associ- COPYRIGHT 1915 BY THE AMERICAN INSTITUTE OF ARCHITECTS, THE OCTAGON, WASHINGTON, D. C. Dear Sir: Having entered into a contract with. (Here insert the name and address or corporate title of the Owner.) for the erection of.... (Here insert the kind of work and the place at which it is to be erected.) in accordance with plans and specifications prepared by. (Here insert the name and address of the Architect.) and in accordance with the General Conditions of the Contract prefixed to the specifications, the undersigned hereby accepts your proposal of... (Here insert date.) to provide all the materials and do all the work of. (Here insert the kind of work to be done, as plumbing, roofing, etc., accurately describing by number, page, etc., the drawings and specifications governing such work.) The Undersigned agrees to pay you in current funds for the faithful performance of the subcontract established by this acceptance of your proposal the sum of.. Our relations in respect of this subcontract are to be governed by the plans and specifications named above, by the General Conditions of the Contract as far as applicable to the work thus sublet and especially by Article 44 of those conditions printed on the reverse hereof. Very truly yours, Article 44 of the General Conditions of the Contract Relations of Contractor and Subcontractor.-The Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound, by the terms of the General Conditions, Drawings and Specifications, as far as applicable to his work, including the following provisions of this Article, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner or Architect. This does not apply to minor subcontracts. 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. (b) To submit to the Contractor applications for payment in such reasonable time as to enable the Con tractor to apply for payment under Article 26 of the General Conditions. (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 as under Article 25 of the General Conditions, 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 the schedule of values described in Article 26 of the General Conditions, 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. 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. (j) To pay the Subcontractor a just share of any fire insurance money received by him, the Contractor, under Article 21 of the General Conditions. (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. (m) To give the Subcontractor an opportunity to be present and to submit evidence in any arbitration involving his rights. (n) To name as arbitrator under Article 45 of 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 (0) In the matter of arbitration, their rights and obligations and all procedure shall be analogous to those set forth in Article 45 of the General Conditions. (h) To pay the Subcontractor on Nothing in this Article shall create any obligation on the part of the Owner to pay to or to see to the payment of any sums to any subcontractor. The Subcontractor entering into this agreement should be sure that not merely the above Article 44, but the full text of the General Conditions of the Contract as signed by the Owner and Contractor is known to him, since such full text, though not herein repeated, is binding on him. A FORM OF AGREEMENT BETWEEN CONTRACTOR AND OWNER ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS FOR USE WHEN THE COST OF THE WORK PLUS A FEE FORMS THE BASIS OF PAYMENT FIRST EDITION-COPYRIGHT 1920 BY THE AMERICAN INSTITUTE OF ARCHITECTS, WASHINGTON, D. C. THIS FORM IS TO BE USED ONLY WITH THE INSTITUTE'S STANDARD GENERAL CONDITIONS OF THE CONTRACT, AND IT SHOULD NOT BE USED WITHOUT CAREFUL STUDY OF ITS ACCOMPANYING CIRCULAR OF INFORMATION." WITNESSETH, that whereas the Owner intends to erect. Now, THEREFORE, the Contractor and the Owner, for the considerations hereinafter named, agree as follows: Article 1. The Work to be Done and the Documents Forming the Contract The Contractor agrees to provide all the labor and materials and to do all things necessary for the proper construction and completion of the work shown and described on Drawings bearing the title.. and numbered. and in Specifications bearing the same title, the pages of which are numbered .. The said Drawings and Specifications and the General Conditions of the Contract consisting of Articles numbered one to together with this Agreement, constitute the Contract; the Drawings, Specifications and General Con |