with all damages by delay or otherwise caused by the default of the Contractor, including reasonable expenses of counsel. If the contract price exceeds the total amount of these credits, the excess shall be paid to the Contractor or his legal representatives. In case orders accepted by the Owner are outstanding, the holders thereof shall be entitled to such excess in preference to the Contractor or his legal representatives. If, however, the total amount of the said credits exceeds the contract price, the excess shall be due from the Contractor to the Owner. In such accounting, the Owner shall not be held to obtain the lowest figures for the work of completing the contract; but all sums actually paid by him for such completion shall be credited to him. All material delivered at the building by or on account of the Contractor, and intended to be incorporated with the building, shall become the property of the Owner as delivered; but the Contractor may repossess himself of any surplus left at the completion of the contract. All scaffolding, apparatus, ways, works, machinery, and plant brought upon the premises by the Contractor, or used by him, shall remain his property; but, in case of default and a completion of the contract work by the Owner, the latter shall be entitled to use the said scaffolding, apparatus, ways, works, machinery, and plant without cost or liability for depreciation or injury by use. If the Owner does not make the payments herein provided as and when the same shall become due and payable, he shall be liable to the Contractor for interest on the same; and if such default continues for a period of ten days, the Contractor may, by a written notice delivered to the Owner in person or at his usual place of business, terminate this contract. But the acceptance of any money under this contract subsequent to such default shall operate as a waiver thereof and of the right to terminate this contract by reason thereof. The Owner shall keep the building and the material on the premises insured against fire in such companies as he shall select, for the benefit of himself or any mortgagee and of any Property in Materials, etc. Default by Owner. Fire. Settlement of Disputes. and all contractors on the building who shall request such insurance in writing. The expense of said insurance shall be borne by the Owner; but he shall not be responsible for carrying too little insurance, unless the Contractor has requested him in writing to insure in a certain specified amount, and the Owner has neglected to do so for an unreasonable length of time. In the event of a fire, the insurance money shall be divided between the Owner and any mortgagee and those Contractors for whose benefit the insurance was taken out, as their interests may appear; and the parties hereto shall respectively proceed to the completion of this contract. All disputes arising out of this contract or the performance or breach thereof shall be settled by mutual agreement or in a court of law or equity before a single justice, auditor, or special master, and no claim shall be made for a trial by jury on the whole case or special issues. In witness whereof, we the said.. and the said.... hereto set our hands and seals this...day of....... 18.... ACCEPTANCE by telegraph, 185 ACCEPTANCE, Contract by, 189 ACTUAL damage only can be recovered, ADVERTISEMENT, Contract through, 17 AGENCY, The Architect's, for the owner, AGREEMENT not to be performed within a AGREEMENT or waiver, 278 ARCHITECT cannot delegate his authority, ARCHITECT cannot employ others to do ARCHITECT does not guarantee perfection ARCHITECT has no authority to change con- ARCHITECT, How far can the-bind the owner? 81 ARCHITECT, How far can the- go in in- ARCHITECT is bound to know the local ARCHITECT must act fairly toward the ARCHITECT must give certificate if re- ARCHITECT must not consent to doubtful ARCHITECT must not consider other ARCHITECT not a mere watchman, 51 ARCHITECT not required to ascertain accu- ARCHITECT not to be confounded with ARCHITECT, Relation of to Commissioners, ARCHITECT, Responsibility of, as dis- ARCHITECT, Verbal orders of, 359 ARCHITECT, Why the-should know some- ARCHITECT's agency for the owner, 355 ARCHITECT'S contract a personal one, 126 ARCHITECT's position in society, The, 28 ARCHITECTS and owners, 67 ARCHITECTS as expert witnesses, 79 ARCHITECTS in England, Great authority ARCHITECTS in the Napoleonic period, 57 AUTHORITY, Architect cannot delegate his, AUTHORITY, Architect has no - to change AUTHORITY, Architect exceeding his, -a AUTHORITY, Implied, in matters of con- AUTHORITY of architect derived from con- AUTHORITY of architect extensive in his BRICK house, A, 260 BUILDER and owner, Relation between BUILDING a house and performing work, CARE of building, Responsibility for, 350 CERTIFICATE, Decisions vary as to neces- CERTIFICATE, Final, really provisional, 177 CERTIFICATE required for extra as well as CERTIFICATE, Waiver of, 178 CERTIFICATES and orders must be in form CHANGES in contracts with corporations, CHOICE of a design, Terms of, 23 COLUMNS, Raising of, 75 COMMISSION, Owner must state cost of COMMISSIONERS and architect, Relation of, 38 COMMISSIONS, Illicit, Accusation of taking COMMISSIONS from contractor cannot be COMPENSATION cannot be recovered from COMPETITION, Estimates in, 71 COMPETITIVE drawings, Value of, 26 CONSENT to sub-letting, 348 Construction, good, Exigencies of para- CONSTRUCTION, Implied authority in matters CONTRACT, Architect's, a personal one, 126 CONTRACT by acceptance of proposal, 189 CONTRACT, Certificates and orders must be CONTRACT, Forfeited, may be reinstated, 309 CONTRACT, Formal, The, 351 CONTRACT, Fraudulent, not binding, 218 CONTRACT not broken by delay, if builder CONTRACT, Provision for interim payments CONTRACT, The lowest bidder not neces- CONTRACT through advertisement, 17 CONTRACT, Written, excludes verbal varia- CONTRACT, Written, parol testimony ad- CONTRACTOR should give notice on dis- CONTRACTOR's warranty, 349 CONTRACTOR's work, Architect cannot em- CONTRACTORS, Commissions from cannot be CONTRACTS, Divisibility of according to CONTRACTS, Enforcement of, 352 CONTRACTS with corporations and private CONTRIBUTORY misfeasance, 57 CORPORATION, public, not obliged to carry COST, "Estimated," means reasonable cost, COST, Limit of, may be agreed beforehand, COST, limit of, rules, where incompatible Cost of building must be stated by owner, COST, What courts think about limit of, 69 COURTS of equity will interfere in case of CUSTOMS, local, The courts on, 259 |