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Form of Building Contract for a School.) THIS INDENTURE, made the 18 between A. B. of

builder, of the one part, and C. D. of

E. F. of and G. H. of

(trustees of the National Schoolt) of the other part :

Whereas the said C. D., E. F., and G. H., as such trustees as aforesaid, are desirous of erecting a building for school-rooms (and the residence of a schoolmaster] at

aforesaid, and have appointed J. K. of

to be architect for superintending the execution of the said building and the works relating thereto or connected therewith :

And whereas the said A. B. has proposed to contract with the said trustees to execute and complete the building and works particularized in the general specification and drawings prepared for the purpose by the said J. K., and such other works as may be implied therefrom, at the price of Pounds, and the said trustees have accepted such proposal: And whereas the said specification (which is marked A.), and the said drawings (which are numbered from 1 to inclusive) have been respectively signed by the said A. B., and by the said trustees, and are deposited with the said J. K.: Now these presents witness, that, in consideration of the sum of

Pounds, to be paid in manner hereinafter mentioned, the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said C. D., E. F., and G. H., their heirs, executors, administrators, and assigns, in manner following ; (that is to say) that he, the said A. B., his executors or administrators, will, on or before the

day of 18 in a good, substantial, and workmanlike manner, with the best materials of their several kinds, execute and complete the said building and works mentioned or described in the said specification and drawings, and likewise such other works as are necessarily implied in or may be reasonably inferred from the said specification and drawings or any of them, or from these presents, although not expressly mentioned or described therein respectively, and will execute and complete the same in conformity to the general instructions of the said J. K., and to such explanatory drawings as shall or may hereafter from time to time be provided by him; and will on or before the day of

carry up and roof in the said building, and will on or before the said day of

deliver up the said building in a clean and perfect state, fit for use, and clear the ground of all scaffolding materials and rubbish whatsoever : And further, that if at any time or times during the progress of the said building and works, any of the materials intended to be used therein by the said A. B. shall be considered unsound or improper by the said J. K., or by any agent or clerk of the works whom he may from time to time appoint to watch the execution of the said building and works, or any part thereof, the said

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* Here insert the name of the parish or district.
+ Or parish school, or school on the British system (as the case may be].

A. B., his executors or administrators, will, upon notice in writing given to him or them, or left at his or their usual or last known place of abode, immediately remove the same from the premises, and that in default of such removal for three days after such notice in writing, it shall be lawful for the said J. K. (without incurring any liability thereby, or by reason of any loss or damage that may happen to such materials therefrom) to cause the same to be removed at the expense of the said A. B., his executors or administrators, to such place or places as the said J. K. may think proper, he nevertheless giving information to the said A. B., his executors or administrators, if requested so to do, of the place or places to which the same shall have been so removed ; and all expenses attending such removal may be deducted out of any subsequent payment or payments that shall become due to the said A. B., his executors or administrators, under this agreement; And further, that if at any time or times during the progress of the said building and works, or within two calendar months after the completion thereof, the said J. K. shall consider any part of the said building or works unsound or improperly executed, the said A. B., his executors or administrators, will

, upon like notice in writing, without making any extra charge whatsoever, immediately take down such unsound or improperly-executed part of the said building and works, and replace the same by sound and properly-executed work, and effectually make good all such parts (if any) of the said building and works as shall have been in anywise injured or affected by such taking down or replacement.

Provided always, and it is hereby agreed, that the opinion or assent or other act of neglect of any agent or clerk of the works appointed by the said J. K. as aforesaid, shall not be binding upon the said trustees, their heirs or assigns, or the said J. K., or restrain or impair the discretion and authority hereby given to the said J. K., or exonerate the said A. B., his executors or administrators, from any of the liabilities of this present contract with respect to bad workmanship, or to the use of unsound or improper materials, or otherwise howsoever.

And it is hereby further agreed, that if the said A. B., his executors or administrators, shall not bonâ fide commence the said building and works on or before the

day of or shall not thereafter proceed with the same with all reasonable despatch to the satisfaction of the said J. K. (unless prevented by fire, or such other cause as the said J. K. shall deem a sufficient excuse), it shall be lawful for the said J. K. (with the consent of the trustees or trustee for the time being of the said school), by notice in writing under his hand for that purpose, to be given to or left at the last usual or known place of abode of the said A. B., his executors or adıninistrators, to put an end to this present contract, and the same shall thereupon become void, but without prejudice to any remedy which the said trustees or trustee for the time being may be entitled to under the same against the said A. B., his executors or administrators, for any cause whatsoever; and then and in such case the said A. B., his executors or adıninistrators, shall be entitled to receive for the work (if any) that may have been already done, such sum only, in addition to the instalment or instalments (if any) already paid, as the said J. K. shall

in his uncontrolled discretion decide to be just and reasonable, having regard to all the circumstances of the case.

And it is hereby further agreed, that if the said trustees or trustee for the time being shall (at any time before the said building and works are completed) be desirous that any alterations, additions, or omissions should be made to or in the said building or works, and shall give to the said A. B., his executors or administrators, written instructions for such alterations, additions, or omissions, the said A. B., his executors or administrators, shall execute and complete the said building and works as varied by such instructions, and this present contract shall not thereby be vacated, but the value of such alterations, additions, or omissions shall be ascertained by the said J. K.* (at the equal expense of both parties) and hist decision shall be final and conclusive, and the amount thus ascertaived shall be added or deducted (as the case may be) to or from the said sum of Pounds payable to the said A. B., his executors or administrators, under this contract, and the addition or deduction shall be made to or from the several instalments on and ultimate balance of the said sum of

Pounds hereinafter respectively mentioned, or to or from any one or more of those payments respectively, in such proportions and in such manner as the said J. K. I shall determine to be proper and reasonable : Provided always, that the said A. B., his executors or administrators, shall in no case be entitled to any payment in respect of any alterations or additions unless such written instructions as aforesaid shall have been given for the same respectively.

And it is hereby further agreed, that the said A. B., his executors or administrators, shall keep regular weekly accounts of day-work and materials for or in respect of all such alterations or additions as aforesaid, except those which from their nature will admit of being conveniently measured and valued at any period of the work, and shall deliver or send such accounts week by week to the said J. K.; and the said A. B., his executors or administrators, shall not be entitled to any payment in respect of any such alterations or additions, except as aforesaid, unless such weekly accounts in relation thereto shall be regularly kept and delivered, or sent as aforesaid.

And it is hereby further agreed, that any loss or damage which, during the progress of the said building and works, may happen to the same respectively, or to the materials or implements used in or provided for the same, whether arising from fire, theft, or any other cause whatsoever, shall be effectually made good by the said A. B., his executors or administrators, and that no charge whatever shall be brought upon the said trustees or trustee for the time being for making good the same : And further, that the said A. B., his executors or administrators, will do, execute, and provide not only all the work and materials respectively expressed, described, and specified in the said specification and drawings, or any of them, or in these presents, but likewise all such work and materials as are necessarily implied in, or may be rea

* Or by the majority of three indifferent persons, one to be chosen by the sai:l trustees or trustee

for the time being, another by ihe said A. B., and the third by the two 80 first chosen. + Or their.

Or the majority of such three indifferent persons as aforesaid.

sonably inferred from, the same respectively, although not therein ex. pressly mentioned or described.

And these presents further witness, and in consideration of the premises and of the stipulations hereinbefore contained, the said C. D., E. F., and G. H. do hereby for themselves, their heirs, executors, and administrators, covenant with the said A. B., his executors, administrators, and assigns, that (subject nevertheless to the provision hereinbefore contained for making additions to, or deductions from, the said sum of

Pounds) they, the said C. D., E. F., and G. H., or some or one of them, or their or some or one of their heirs, executors, administrators, or assigns, or other the trustees or trustee for the time being of the said school, will pay to the said A. B., his executors, administrators, or assigns, the sum of

Pounds, of lawful British money, by the instalments, at the times, and in manner following: (that is to say)

[This blank will be filled up according to the nature of the building and the circumstances of the case. It will generally be proper to fix the payment of the several instalments on the

completion of certain portions of the work. The following is given as a specimen :First. An instalment of Fifteen Pounds per centum, on the said sum of

Pounds, as soon as the walls are advanced throughout to the level of the roof-plate. Second. An instalment of Twenty Pounds per centum, as

soon as the roof-timbers are fixed throughout. Third. An instalment of Twenty Pounds per centum, as soon

as the roof is covered in, and the drains, pipes, and gutters

are completed. Fourth. An instalment of Fifteen Pounds per centum, as soon

as the floors are laid and the plastering done. Fifth. An instalment of Twenty Pounds per centum, as soon

as the whole of the building and works are completed, except such colouring or painting, if any, as the said J. K. shall

permit to be postponed.] leaving a balance of ten pounds per centum as a security for the finishing of the said building and works, and likewise as a guarantee for the good quality in all respects of the whole of the work; and the said balance shall remain unpaid for two calendar months next after the completion of the said building and works, and also until all defects which the said J. K. shall, within the said period of two calendar months from such completion, certify to exist in the said building or works, shall have been completely remedied by and at the expense of the said A. B., his executors or administrators: Provided nevertheless, that the said A. B., his executors or administrators, shall not be entitled to demand or receive any of the aforesaid instalments, or the said balance of ten pounds per centum, until the particular portion of the said building and works, or the whole thereof (as the case may be), in respect of the completion whereof respectively any such instalment, or the said balance of ten pounds per centum, is hereinbefore made payable, shall have been duly completed to the satisfaction of the said J. K., to be certified by him in writing ; and the said C. D., E. F., and G. H. do hereby accordingly agree that the said J. K. shall, from time to time,

every

on receiving notice from the said A. B., his executors or administrators, for that purpose, forthwith examine such particular portion of the said building and works, or the whole thereof (as the case may be), so from time to time executed ; and if the same shall be so duly completed as aforesaid, shall with all convenient speed certify the same to the said trustees or trustee for the time being.

And it is hereby further agreed, that the decision of the said J. K., with respect as well to the state and condition as to the completion of the said building and works, or of any particular portion thereof respectively, and also with respect to every question which may arise concerning the construction or effect of the said specification and drawings, or any of them, shall at all times be final and conclusive on the said A. B., his executors and administrators.

And it is hereby further agreed, that the said J. K., and agent or clerk of the works whom he may from time to time appoint, shall, at all times during the progress of the said building and works, have free access thereto, and full right to examine and inspect the same, and every part thereof, at their discretion.

Provided always, and it is hereby agreed and declared, that if at any time after the said building and works hereby contracted to be performed, or any part thereof, shall have been certified by the said J. K. to have been duly completed, and either before or after the said A. B., his executors or administrators, shall have received from the said trustees or trustee for the time being all or any of the several sums of money herein before contracted to be paid to him or them for the performance thereof, it shall appear that the said A. B., his executors or administrators, has or have used any unsound materials in any part of the building or works hereby contracted to be performed, or that the said A. B., his executorş or administrators, has or have in any other way not performed the said works according to the stipulations and true intent and meaning of these presents, in a workmanlike manner, then, and in such case it shall be lawful for the said trustees or trustee for the time being, notwithstanding anything in these presents contained, or any certificate which may have been given by the said J. K. of the due completion of the said building and works, or any part thereof, to institute any action or suit, or take any proceedings which the said trustees or trustee for the time being shall be advised, against the said A. B., his heirs, executors, or administrators, for the damage which shall have been sustained in consequence of the use of any unsound materials by the said A. B., his executors or administrators, in the said building or works or any of them, or of the said building or works or any of them not having been performed in a workmanlike manner, and in all other respects according to these presents; and it is hereby agreed and declared, that in any such action or suit or other proceeding, any certificate which shall have been given by the said J. K. as aforesaid, or otherwise, shall not in any manner bar or prejudice such action, suit, or other proceeding.

Provided always, and it is hereby agreed and declared, that in case the said J. K., or any future architect to be appointed as hereinafter mentioned, shall die, or, from any cause whatsoever, cease to be the architect of the said trustees or trustee in relation to the said building and works, before the same shall be fully completed and certified to be

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