Building Contracts.

rent, on the said Y. Z., his executors, administrators or assigns, paying the said A. B., his executors, administrators or assigns, the sum of dollars, as a premium for such renewal; and that in case of an accidental fire, at any time during the term, the said A. B. will forthwith proceed to put the premises in as good repair as before such fire, the rent in the mean time to cease. And the said Y. Z. hereby agrees to accept such lease on the terms aforesaid. And it is mutually agreed that the cost of this agreement, and of making and recording said lease, and a counterpart thereof, shall be borne by the said parties equally.

IN WITNESS [etc., as in Form 557].

MEMORANDUM of

eight hundred and

in

584. Contract for Building. agreement made this

day of

merchant, of the first

*

between A. B., of part, and Y. Z., of builder, of the second part. The said party of the second part covenants and agrees to and with the said party of the first part, to make, erect, build and finish in a good, substantial and workmanlike manner, on the lot belonging to the party of the first part, and known as No. Street, one brick stable agreeable to the draft, plan and explanation hereto annexed, of good and substantial materials [or, of such materials as the party of the first part may find and provide therefor], by the next. And the said party of the first part covenants and agrees to pay unto the said party of the second part, for the same, the. · sum of dollars, lawful money of the United States, as follows: the sum of [here state terms of payment].

day of

[If the owner is to furnish materials, add: And also, that he will furnish and procure the necessary materials for the said work, in such reasonable quantities, and at such reasonable time or times, as the said party of the second part shall or may require.]

And for the true and faithful performance of all and every of the covenants and agreements above-mentioned, the parties to these presents bind themselves, each unto the other, in the penal sum of dollars, as liquidated

damages to be paid by the failing party.

IN WITNESS [etc., as in Form 557].

585. Special Stipulations Which May be Inserted According to the Nature

of the Case.

The said building is to be completed and delivered to the party of the first part entirely finished and ready for the occupation of tenants on the day of 18 , unless such delivery be prevented by accidental

fire.

The party of the first part may make, or require to be made, alterations in the plan of construction from that herein and in said specification and plan expressed, without annulling or invalidating this agreement; and, in case of any such alterations, the increase or diminution of expense occasioned thereby shall be estimated according to the price fixed by these

Masons' Work of Building.

presents for the whole work and materials, and allowances shall be made on one side or the other, as the case may be.

If there shall be any delay on the part of the party of the second part, in erecting or completing said building, that in the opinion of the superintendent will prevent its being completed on the day herein specified, then the party of the first part may, at his option, either employ persons other than the party of the second part to do the whole or any part of said work, and furnish the whole or any part of said materials, and deduct the cost of the same from the sum hereinbefore agreed to be paid by the party of the first part, or leave the completion of said building unto the party of the second part, and enforce his claim for damages, should said building be not completed on the day hein specified.

day of

If the said building shall not be finished, completed and delivered in manner aforesaid by the said second part shall forfeit the sum of

next, the said party of the dollars for each and every day

from and after that time during which the said building shall remain unfinished, and not completed and delivered as aforesaid, to be deducted from the sum hereinbefore agreed to be paid by the party of the first part. In case of any disagreement between said parties, relating to the performance of any covenant or agreement herein contained, such disagreement shall be referred to three disinterested persons, one to be chosen on each side, and they two to choose another; the decision in writing, signed by any two of whom, shall be final.

586. Contract for Masons' Work of a Building.

[As in the preceding form to the *, continuing thus:]

1. The said party of the second part doth hereby, for himself, his heirs, executors and administrators, covenant, promise and agree to and with the said party of the first part, his executors, administrators and assigns, that he, the said party of the second part, his executors or administrators, shall and will, for the considerations hereinafter mentioned, on or before day of

the

,

next, well and sufficiently erect and finish the masons' part of stores, on the lots Numbers and in street, in the city of agreeable to the several drawings and specifications made by M. N., architect, and signed by the parties hereto, within the time aforesaid, in a good, workmanlike, and substantial manner, to the satisfaction and under the direction of the said architect, or such other architect in good standing as the party of the first part shall select for that purpose, to be testified by a writing or certificate, under the hand of the said architect; and also shall and will find and provide such good, proper and sufficient materials of all kinds whatsoever, as shall be proper and sufficient for completing and finishing all the stone-masons, bricklayers, plasterers, brown-stone cutters, excavators, granite and blue-stone cutters, and other works of the said buildings mentioned in the said specifications, for the sum of dollars. And the said parties of the first part do hereby, for themselves, their heirs, executors and administrators, covenant, promise and agree with and to the said party of the second part, his executors and

Contract for Building.

administrators, that they, the said parties of the first part, their executors and administrators, shall and will, in consideration of the covenants and agreements being strictly performed and kept by the said party of the second part, as specified, well and truly pay, or cause to be paid unto the party of the second part, his executors, administrators or assigns, the sum of dollars, lawful money of the United States of America, in man ner following: [here specify terms of payment.] When all the works are completely finished, according to the plans and specifications, dollars. Provided that in each of said cases a certificate be obtained and signed by the said architect.

AND IT IS HEREBY further agreed by and between the said parties:

1. The specifications and drawings are intended 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 it were mentioned in the specification and set forth in the drawings to the true meaning and intentions of the said drawings and specifications, without any extra charge whatso

ever.

2. The contractor, at his own proper costs and charges, is to provide all manner of materials and labor, scaffolding implements, moulds, models and cartage, of every description, for the due performance of the several erections.

3. Should the owner, at any time during the progress of the said building, request any alteration, deviation, additions to or omissions from said contract, the same shall be made, and shall in no way affect or make void the contract, but will be added to or deducted from the amount of the contract, as the case may be, by a fair and reasonable valuation.

4. Should the contractor, at any time during the progress of the said work, refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have the power to provide materials and workmen, after three days' notice in writing being given, to finish the said work, and the expense will be deducted from the amount of the contract.

5. Should any dispute arise respecting the true construction or meaning of the drawings or specification, the same shall be decided by the said M. N., or such other architect in good standing as the party of the first part shall appoint to oversee said buildings, and his decision shall be final and conclusive; but should any dispute arise respecting the true value of the extra work or works omitted, the same shall be valued by two competent persons-one employed by the owner and the other by the contractor-and those two shall have power to name an umpire, whose decision shall be binding on all parties.

6. The owner shall not, in any manner, be answerable or accountable for any loss or damage that shall or may happen to the said works, or any part or parts thereof, respectively, or of any of the materials or other things used and employed in finishing and completing the same (loss or damage by fire excepted).

7. Should any claim or claims be made by any person for work done, or materials furnished for the said building, upon the employment, or on the purchase, or alleged employment or purchase, by the party of the second

Building Party Wall.

part, and a notice of such claim be filed, to create a lien upon said building, under any law of the State, now in force, or which may be in force, the party of the first part shall be at liberty to retain in his hands, out of any moneys which might otherwise be payable to the party of the second part, the amount of such claim or claims, and any reasonable costs and expenses to which he is liable to be subjected by reason thereof, 'until such claim be cancelled and discharged of record by the party of the second part, who hereby agrees to cause such lien or liens to be forthwith settled, cancelled and discharged without loss, damage or expense to the parties of the first part, and without any delay in the progress of the work aforesaid. IN WITNESS [etc., as in Form 557].

587. Contract to Build a Party Wall.

MEMORANDUM OF AGREEMENT, made this 18, between A. B., of the city of

day of

, in the year

merchant, of the first part,

in

and Y. Z., of said city, merchant, of the second part: WHEREAS the said A. B. is the owner in fee of the lot known in the

in fee of the to and on the

ward of the city of

lot known as No.

as No.

street,

and the said Y. Z., the owner in said street, immediately adjoining side of said lot, on which lots respectively the parties are about to erect brick houses. And whereas, it has been agreed between them, that the said Y. Z., in erecting his house may make use of the wall of the said A. B., immediately adjoining the said lot of the said Y. Z., as a party wall, upon the terms, conditions and considerations hereinafter mentioned, the wall so to be used as a party wall, standing and being entirely on the said lot of the said A. B. Now, THEREFORE, this agreement witnesseth, that the said party of the first part, in consideration of the sum of dollars, to him in hand paid by the party of the second part, the receipt whereof is acknowledged, shall immediately build and erect a wall on the side of said lot No. so that the side of said wall shall adjoin the side of said lot of Y. Z.; said wall shall be built feet deep easterly from the easterly side of street, and high above the sidewalk; and the said party of the first part hereby does grant and convey to said party of the second part the right to use said wall as a party wall, in the erection of a house on the said lot No. and for that purpose to insert the beams of the house on the said lot into the walls so to be built by the party of the first part, to the extent of inches, and to insert two chimney-backs into said wall to the extent of inches each, and, for the same purpose, to insert or tie the courses of the front and rear walls into said party wall as may be necessary, and to keep and maintain such use of said party wall so long as said wall shall stand.

And the parties mutually covenant, that if it shall hereafter become necessary to repair or rebuild the whole, or any portion of the said party wall, the expense of such repairing or rebuilding shall be borne equally by them, their respective heirs and assigns [as to so much and such portion of said wall as the said Y. Z., his heirs and assigns, shall or may use for the

Contract for Changing.

purposes aforesaid]; and that whenever the said party wall, or any portion thereof, shall be rebuilt, it shall be erected on the same spot where it is to stand, and be of the same size, and the same or similar materials, and of like quality.

It is further mutually agreed between the said parties, that this agreement shall [be perpetual, and] at all times be construed as a covenant running with the land; but that no part of the fee of the soil upon which the wall of the said A. B., above described, is to stand, shall pass to or be vested in the said Y. Z., his heirs or assigns, by virtue of these presents. IN WITNESS [etc., as in Form 557].

588. Agreement for Changing Mortgage Security.

THIS AGREEMENT made this

of

and Y. Z., of

day of

18, between A. B., WITNESSETH: That whereas the said A. B. hath this day sold and conveyed unto the said Y. Z. certain lands, situate in the village of ; and, in order to secure the payment of the sum

of dollars, part of the consideration therefor, the said Y. Z. has executed and delivered to the said A. B. a mortgage upon said premises, together with his bond for the payment of the said sum: and whereas it is the intention of the said Y. Z. to divide the said premises into village lots, and to sell and convey the same to third persons: Now, THEREFORE, the said A. B., in consideration of the premises, does for himself, his heirs, executors, administrators and assigns, covenant and agree to and with the said Y. Z., his heirs, executors, administrators and assigns, that he and they shall at all times hereafter have the right of changing the security above mentioned, by substituting, instead of the same, or of any part thereof [here specify the substituted security allowed]; and that he, the said A. B., his heirs, executors, administrators or assigns, will, upon request to him or them made, forthwith execute and deliver to the said Y. Z., his heirs, executors, administrators or assigns, a good and sufficient discharge of the said mortgage [or, good and sufficient releases of the lien upon any portion of the premises therein described], whenever the said Y. Z., his heirs, executors, administrators or assigns, shall furnish the said A. B., or his representatives, as aforesaid, with such other security as above mentioned. IN WITNESS [etc., as in Form 557].