NOTE. This Form of Agreement is approved by the American Institute of Architects when used with the General Conditions of the Contract issued by the Institute. (See Form IV.) III. THE STANDARD FORM OF AGREEMENT BETWEEN ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS This form has been approved by the National Association of Builders' Exchanges, The National Association of Master Plumbers, and the National Association of Master Steam and Hot Water Fitters. SECOND EDITION, COPYRIGHT 1915 BY THE AMERICAN INSTITUTE OF ARCHI- THIS AGREEMENT made the day of by and between in the year Nineteen Hundred and hereinafter called the Contractor, and hereinafter called the Owner, Witnesseth, that the Contractor and the Owner for the consideration hereinafter named agree as follows: Article I. The Contractor agrees to provide all the materials and to perform all the work shown on the Drawings and described in the Specifications entitled (Here insert the caption descriptive of the work as used in the Proposal, General Conditions, Specifications, and upon the Drawings.) prepared by acting as, and in these Contract Documents entitled the Architect, and to do everything required by the General Conditions of the Contract, the Specifications and the Drawings. Article 2. The Contractor agrees that the work under this Contract shall be substantially completed (Here insert the date or dates of completion, and stipulations as to liquidated damages, if any.) Article 3. The Owner agrees to pay the Contractor in current funds for the performance of the Contract .) subject to additions and deductions as provided in the General Conditions of the Contract and to make payments on account thereof as provided therein, as follows: (Here insert provisions as to the method and times of payments.) Article 4. The Contractor and the Owner agree that the General Conditions of the Contract, the Specifications and the Drawings, together with this Agreement, form the Contract, and that they are as fully a part of the Contract as if hereto attached or herein repeated; and that the following is an exact enumeration of the Specifications and Drawings: The Contractor and the Owner for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants herein contained. In Witness Whereof they have hereunto set their hands and seals, the day and year first above written. In Presence of as to as to TITLE PAGE TITLE AND NAME AND LOCATION OF THE WORK: ADDRESS OF THE OWNER: NAME AND ADDRESS OF THE ARCHITECT: (Seal) (Seal) IV. THE GENERAL CONDITIONS OF THE CONTRACT Standard Form of the American Institute of Architects This form has been approved by the National Association of Builders' Exchanges, The National Association of Master Plumbers, and the National Association of Master Steam and Hot Water Fitters. SECOND EDITION, COPYRIGHT 1915, BY THE AMERICAN INSTITUTE OF ARCHITECTS, THE OCTAGON, WASHINGTON, D. C. Index to the Articles of the General Conditions Article 1. Principles and Definitions. (a) The Contract Documents consist of the Agreement, the General Conditions of the Contract, the Drawings and Specifications. These form the Contract. (b) The Owner, the Contractor and the Architect are those named as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. (c) The Contractor shall, as in Article 43, be responsible to the Owner for the acts and omissions of his subcontractors and of all persons directly or indirectly employed by him or them in connection with the work. (d) The term Subcontractor includes only those having a direct contract with the Contractor and it includes one who furnishes material even though he does not work. (e) The term "person" or "anyone" as employed herein shall be taken to include a firm or corporation. (f) Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or mailed to the last business address known to him who gives the notice. (g) The term "work" of the Contractor or Subcontractor includes labor or materials or both. (h) When the words "approved," "satisfactory," "equal to," "proper, "as directed," etc., are used, approval, etc., by the Architect is understood. (j) All time limits stated in the Contract Documents are of the essence of the contract. (k) The law of the place of building shall govern the construction of this contract. Art. 2. Execution, Correlation and Intent of Documents.-The Contract Documents shall be signed in duplicate by the Owner and Contractor. In case of failure to sign the General Conditions, Drawings or Specifications the Architect shall identify them. Even though the signatures of the Owner and the Contractor may have been attested by witnesses they may be proved by any competent evidence. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials reasonably necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class or trade. of the specifications shall be supplied unless distinctly so noted. on the drawings. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Art. 3. Detail Drawings and Instructions.-The Architect shall furnish, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper ex-. ecution of the work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. The work shall be executed in conformity therewith and the Contractor shall do no work without proper drawings and instructions. The Contractor and the Architect, if either so requests, shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the work, fixing the latest dates at which the various detail drawings will be required, and the Architect shall furnish them in accordance with that schedule. Under like conditions, a schedule shall be prepared, fixing dates for the submission of shop drawings, for the beginning of manufacture and installation of materials and for the completion of the various parts of the work. Art. 4. Copies Furnished.-Unless, Otherwise provided in the Contract Documents the Architect will furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. Art. 5. Shop Drawings.-The Contractor shall submit two copies of all shop or setting drawings and schedules required for the work of the various trades and the Architect shall pass upon them with reasonable promptness. The Contractor shall make any corrections required by the Architect, file with him two corrected copies and furnish such copies as may be needed. The Architect's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Architect's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. Art. 6. Drawings and Specifications on the Work. The Contractor shall keep one copy of all drawings and specifications on the work, in good order, available to the Architect and to his representatives. Art. 7. Ownership of Drawings and Models.-All drawings, specifications and copies thereof furnished by the Architect are his property. They are not to be used on other work and, with the exception of the signed contract set, are to be returned to him. on request, at the completion of the work. All models are the property of the Owner. Art. 8. Samples.-The Contractor shall furnish for approval all samples as directed. The work shall be in strict accordance with approved samples. Art. 9. The Architect's Status.-The Architect shall have general supervision and direction of the work. He is not the agent of the Owner, except as provided in the Contract Documents, and when in special instances he is authorized by the Owner so to act, and in such instances he shall, upon request, show the Contractor written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. In case of the termination of the employment of the Architect, the Owner shall appoint a capable and reputable Architect, whose status under the contract shall be that of the former Architect. Art. 10. The Architect's Decisions.-The Architect shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. Except as may be otherwise expressly provided in or appended to these General Conditions or as particularly set forth in the specifications, all the Architect's decisions are subject to arbitration. Art. 11. Foreman, Supervision.-The Contractor shall keep on the work a competent general foreman and any necessary assistants, all satisfactory to the Architect. The general foreman shall not be changed except with the consent of the Architect. The foreman shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. On written request such directions shall be confirmed in writing to the Contractor. The Contractor shall give efficient supervision to the work, using his best skill and attention. He shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Architect any error, inconsistency or omission which he may discover. Art. 12. Materials, Labor, Appliances.-Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light and power necessary for the execution of the work. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Contractor shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. |