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shall likewise be liable to make good all damage which may happen to the sd works from any cause whatever during the progress thof.

not to be as

signed (7).

case of delay or bad

13. THE Contractor shall personally superintend the Contract execution of the works, and shall not assign [or sublet] this contract, or any pt thof, without the express licence and approval in writing of the owner. 14. In case at any time during the progress of the works Power in any unnecessary delay shall occur in the carrying on of the same through the default of the contractor [and such delay work to shall be certified in writing by the sd surveyor], and the out of conowner, or the sd surveyor, shall give a written notice to the contractor to proceed with the sd works, or leave the same at his then or last known place of abode or business, and the contractor shall not proceed with the sd works to the satisfon of the sd surveyor within days after such

notice shall have been so given, or left, or in case the contractor shall at any time neglect or omit to pull down or remove any work or materials which the sd surveyor shall have certified in writing to be defective, or not according to contract, within days after written notice so to do shall have been given to him by the owner or the sd surveyor, or left as afsd, or within such further time as may be specified in such notice, or in case the contractor shall become bankrupt, or enter into liquidation, or make any composition with his creditors, or shall assign [or sublet] this contract or any pt thereof without licence: THEN and in any such case the owner shall be at liberty, without avoiding this contract, to take the sd works wholly or partially out of the hands of the contractor; and to employ any other pson or psons to execute the same, and for that ppose to take possion of, and use all materials, scaffolding, plant, tools, implements, and things on or about the sd works; and all

(1) As to the assignment of monies to be subsequently payable under the contract, see Brice v. Bannister, 3 Q. B. D. 569; Young v. Kitchin, 3 Ex. D. 127.

take works

tractor's

hands.

Certificates of

surveyor.

expenses and damages thby incurred shall be ascertained and certified by the sd surveyor, and shall be paid by the contractor to the owner.

15. THE certificate, or decision in writing of the sd surveyor of the owner upon any matter as to which he is hby required or authorised to certify or decide, shall be final and binding upon both pties, except that the sd surveyor may by any certificate make any correction or modification in any previous certificate which shall have been made by himself, or by any predecessor in his office. Conformity 16. THE Contractor shall conform in all respects to the to building Acts. provons and regulations of any general or local Act of Parliament, or of any local authority which may be applicable to the sd works, and indemnify the owner against all penalties incurred by reason of the non-observance of any such provons or regulations.

[Arbitra tion (m).]

[17. Arbitration Clause. See ARBITRATION.]

IN WITNESS whereof the sd pties have hereunto set their respive hands the day and year first above written [or, As witness the hands of the sd pties.]

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(m) The expediency of inserting an arbitration clause may be doubtful.

II.

AGREEMENT with a BUILDER or CONTRACTOR.
Short Form. (a)

PTIES, A., builder, (hinafter called the contractor), 1. B., owner, (hinafter called the owner), 2.

to execute

1. THE Contractor shall forthwith commence and before Agreement the expiration of weeks from this date in all respects works. complete with the best materials in the best workmanlike mner and to the entire satisfon of the owner all the works and things mentd or referred to in the parlars or specification hereunto annexed in and upon the house and premes therein mentd.

2. THE Contractor shall within one week from the com- To remove pletion of the sd works and things remove all his scaffolding, plant on plant, and materials from the premes.

completion.

3. THE owner shall pay to the contractor the sum of Payment. £for the sd works and things.

4. IF from any cause whatever the sd works and things Penalties shall not be completely finished, and the sd scaffolding, for delay. plant, and materials removed within the time and in mner afsd, then the owner may deduct from any monies then or thereafter due or payable to the contractor the sum of - per day for every day after the expiration of weeks from this date until such completion and removal shall be effected, as and for liquidated damages.

Payment of

5. In case there shall not be sufficient money due to the contractor to make such deduction, then the excess shall be penalties. paid by the contractor to the owner.

(a) This form may suffice for small transactions, but is less protective to the owner than the last precedent.

VOL. I.

C

On default 6. In the event of such default the owner may employ

of contractor

other

and pay other workmen to finish the sd works, and may use owner may any scaffolding, plant, and materials on the premes belonging employ to the contractor for such ppose, and should he pay, or be workmen. liable to pay, a larger sum for finishing such works than the amount he would be indebted for to the contractor, then the excess shall be paid to him by the contractor.

Owner may 7. THE Owner may, if he thinks fit, require the omission require omission of of any of the works, and in that case a proportionate sum shall be deducted.

works.

include

work.

Contract to 8. ALL work rendered necessary in consequence of the incidental doing of the works hby agrd upon shall be deemed to be included in and form pt of this contract, although not mentd in the specification, and no additional paymt shall be made to the contractor for the same.

upon written order.

Additional 9. No extra or additional works shall be done by the works only contractor except upon the previous order in writing of the owner agreeing to pay for the same, and should the same be done without such order the contractor shall not be entled to any additional paymt for the same.

Contractor to make good defects.

10. LASTLY, the contractor shall as well after as before he shall have been paid for the sd works and things, and without any further paymt, for a period of one year after completion make good any defects whatever in such works and things, and especially in the roofs or drainage of the premes, and the owner may retain a sum not exceeding 10 per cent. of the total contract price until the expiration of such period as a secy for the performance by the contractor of this stipulation. IN WITNESS, &c.

III.

CONTRACT between a FIRM of SHIPBUILDERS and a
STEAMSHIP COMPANY for building STEAMERS.
VARIATIONS where the contract is under SEAL. (a)

AGREEMT [under seal] made, &c., between A. & Co., of &c., (hinafter called the builders), of the first pt, and the Co Limited (hinafter called the pchasers), of the second pt, WITNETH that the sd pties hby mutually [covenant and] agree as follows:

to build

1. THE builders [provd the pchasers shall duly make Agreement to them the several paymts at the several times and in mner vessels. hinafter set forth] will build and complete for the pchasers, of the best and most substantial materials and workmanship, two vessels and engines, with outfit and appurtenances, of the following class, dimensions, and power, viz.: Class A 90 in Lloyd's Registry, dimensions, length ft., depth from top to keel

inside

having cylinders of and

and a working pressure of

inches, and

ft., breadth

ft., and

stroke,

lbs. to the square inch, and

in all other respects according to the specifications and plans signed by the builders and the pchasers' engineer.

completion.

2. THE builders shall build the sd vessels under the super- Time for intendence and to the reasble satisfon of an engineer or surveyor for the time being appointed by the pchasers, and

limited companies

(a) As to the mode in which limited companies contract, see the Com- As to mode panies Act, 1867, 30 & 31 Vic. c. 131, s. 37. Where an agreement, to which a in which company is a party, is executed by them under their common seal, it is believed to be usual to make it under seal as to the other parties also, contract. although (as in the above precedent) it is not such as to require a deed; whether the affixing of the seal of the company would make the instrument chargeable with stamp duty as a deed, if the other parties execute under hand only seems doubtful, but the practice is to stamp it as a deed. Where a deed is not essential, it will suffice if the agreement is signed by an authorised agent of the company (usually one of the directors and the secretary). There can now rarely, if ever, be any advantage, except with reference to the Statute of Limitations, in employing a deed where an agreement under hand only is by law sufficient,

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