in manner fol D. to pay to the said C. D. the sum of $ lowing: that is, the sum of $ work, and the sum of $ pletely finished, and when all builders' and mechanics' liens are provided against by expiration of time or otherwise; and also that the said A. B. will provide all the materials necessary for making and building the said And for the performance of all and every, the articles and agreements above mentioned, the said A. B. and C. D. do hereby bind themselves, each to the other, in the penal sum of at the beginning of the when the same shall be com by these presents. , firmly In witness whereof, the parties have hereunto set their [If the builder is to furnish material, the agreement may easily be changed in that respect as in No. 24.] 10. BUILDER'S AGREEMENT. I hereby agree to execute the whole of the works requisite to be done in the (erection, enlargement, or alteration, as the case may be), as detailed in the drawings and specification hereto annexed, for the sum of dollars, and to complete and finish the same, according to the conditions before specified, and to the satisfaction of the architect, on or before the day of next, or to forfeit the sum of per week, for every week the works may be delayed beyond that date. The said C. D., for the consideration hereafter mentioned, agrees to build and complete for said A. B., a story brick ance with the plans and specifications signed by the parties, and to which this agreement is annexed; to provide all necessary materials for constructing the same; and the work to be done in a faithful and workmanlike manner, within months from the date hereof. In consideration whereof, the said A. B. agrees to pay to said C. D., dollars, as follows: [Here state the sums and times of payments]. C. Halley That, in consideration of the mutual promises herein contained, the parties hereto agree as follows: Said D. will provide the materials for, forthwith commence, and build without delay, (except from necessities of weather), a house for said B., on his lot in street, in , according to plans and specifications drawn by F., architect, to be signed by the parties hereto; and deliver said house, completely finished in every respect, ready for occupation, to said B., on or before the next. day of No departure from the plans and specifications shall be made, unless assented to in writing by said B. If any departures are otherwise made, said B. may require said D. to take down the work, and do it over again in the manner provided; and if said D. shall neglect or refuse so to do, said B. may have it done by other persons, at said D's expense. Whereas, said B. is to employ a superintendent of the work, it is expressly understood that he does so for his own. convenience and security, and he is not to be bound by any agreement, admission, waiver or acceptance by said superintendent, express or implied. Said B. may at any time require, in writing, alterations in said plans and specifications; in which case said D. shall have reasonable additional time for finishing said house; to be fixed by said F.; and if the alterations require a chang in the price, such change of price, if not specified in the writing, shall be left to the decision of the said F. If the work is not prosecuted in the manner set forth in this contract, as to time, quality or manner of work or materials, said B. may dismiss said D., and employ other persons to complete the house, and deduct from the amount contracted to be paid to said D., the expense thereof, and all damages caused by said D's default, and recover the surplus, if any, from said D. dollars And said B. agrees to pay said D. the sum of in full for his work and materials, in installments, as follows: dollars when the frame of the house is erected; dollars when it is roofed and finished on the outside; dollars when the house is completed and ready for occupation; and the balance in three months therefrom. If said B. shall see fit to accept said house, or any part of the work, with defects or departures from the contract, without requiring the same to be changed, he may still deduct any damage sustained thereby. And it is also understood, that said B's entering into and occupying said house, shall not debar him from objections to said D's performance of the contract. In witness whereof, the parties have hereunto set their hands, the day and year first above written. Signed and delivered in the presence of B. D. 13. SPECIFICATION FOR HOUSE, WITH SHORT FORM OF TENDERS OR PROPOSALS TO BUILD. Drawings.-The drawings referred to herein, are to be considered as forming part of this specification. Dimensions.-Dimensions are to be taken from the figures upon the drawings; or, where they are wanting, from measurements of the drawing, upon the largest scale shown. Excavation. The ground line on the plans represents the height of the earth at the completion of the work. Cellars to be dug feet and inches below the ground line, under such parts of the house as may be agreed upon, the bottoms to be levelled and cemented. Trenches for walls to be dug at least 8 inches, with bottoms even and hard. Superfluous earth, stone and rubbish, accumulated during the work, to be removed to such place as directed by the owner or his agent, not to exceed 500 feet haul. Soil to be deposited by itself, and replaced when the grounds are leveled and graded, as agreed upon, and the lot left in a neat condition. Mason's Work. Foundations.-The foundation walls to be of the dimensions and thickness as shown in the plan, and built in such a position upon the lot as the owner may direct. Footing stones, firmly laid, to extend through the wall. The walls, chimney and verandah piers to be of solidly laid in lime mortar, thoroughly bound, built plumb, neatly pointed where in sight, and finished true and level at the top. Verandah piers to be feet below the surface. Cellar window frames to be built in, secure and tight. Openings in the cellar walls, required for passages, to be made with well laid jambs. Chimneys. The chimneys, of the sizes and shapes as shown in the plan, are to start from stone foundations, and run up straight. The flues to be laid smooth and pargeted. Sheet iron thimbles, with cover, to be inserted where requested. All bricks to be of good quality, and those used in top to be Wood is not to be introduced into hard burnt and smooth. any part of the chimney. Filling in, &c.-The whole thickness of the walls, inches high from the sills, to be filled in with brick or broken stones and mortar, so as to exclude air and mice; crevices under the sills to be well pointed. Lathing. The plastered walls to be lathed with good pine laths, four feet in length, and each lath nailed with four nails; heading joints to alternate. Plastering. Inside walls, except in cellar, to be plastered and finished with skin coat; the plastering to be made even and true with the grounds, and to form a solid connection with the filling in the floor. Whitewashing.-The cellar walls, framing and floor above, to be whitewashed with two coats. Materials, &c.-Lime, sand and hair to be of good quality, well mixed and worked up, and the mason work to be done in a workmanlike and thorough manner. No injury is to be done to the woodwork by the mason or the persons he employs, and all defects must be repaired after the carpenter's work is done. Carpenter's Work. Frame. The sills, by to be laid firm, square and level, on the foundation walls; posts, by to be tenoned inches into the sills, and tenoned into the plate, and placed accurately; tie beams, by to be tenoned into the posts; plates, by halved on angles and pinned; window and door-posts, ers, by floor beams, by , to be tenoned in; gird will be placed where shown in the drawing; by for first tier, to be level with the sills, and framed as shown in the drawing; those of the second tier of same size, to rest on the tie beams and on the central partitions, where they will lap by and be nailed to each other; partitions to have by heads and sills; where one partition is directly under another, its head will make the sill of the one above; inside door posts by |