Page:Architectural Review and American Builders' Journal, Volume 1, 1869.djvu/477

 1868.] Practical Carpentry and Joinery. 383 The. owner shall be held harmless, either in suits at law, or otherwise, from all damages to the property of any other person or persons arising during the progress of the work, or injury to any person or persons from accidents while engaged on the building; and he shall not be held responsible for materials that may be stolen, or destroyed by fire, during the progress of the work. THE CONTRACT. THE Working Drawings, Specifi- cation and Bill o? Quantities are examined by the Cont 'actor, who then makes his estimate ; and bids for the work. The successful bidder enters into a formal contract with the projector, who, as a general thing, submits to him the whole work, and paj'S for it by instal- ments. This is the usual and best arrange- ment for most domestic buildings, or those of moderate cost ; but in large or expensive private messuages, or in public edifices, different parts of the work are often performed under separate con- tracts. For very large structures, such as heavy county, municipal, State, or National works, many other arrange- ments are necessary. The minutiae of an agreement are varied by different cir- cumstances, and being innumerable, we cannot embody them here. We simply insert a usual Form of Contract, drawn up by a member of the Philadelphia bar, which may be relied upon for its accu- racy The italicized words must be changed in using : ARTICLES OF AGREEMENT Made this, the first day of December, Anno Domini One Thousand Eight Hun- dred and Sixty-Eight, by and between Jacob Jones, of the City of Philadelphia, and Sta,te of. Pennsylvania, Merchant, of the first part, and John Smith, of the City of Camden, and State of New Jer- sey, Builder, of the second part, as fol- lows, viz. : The said party of the second part, for and in consideration of the covenants and agreements hereinafter mentioned, doth for himself, his executors, admin- istrators and assigns, covenant, promise and agree to and with the said part}' of the first part, "his executors, administra- tors and assigns, that he, the said John Smith, party of the second part, shall and will, within the space of one year from the date hereof, to wit, on or be- fore the first day of December, Anno Domini One Thousand Eight Hundred and Sixty-Nine, in good and workman- like manner, and according to the best of his art and skill, well and substan- tially erect, build, set up, and deliver to the said Jacob Jones, party of the first part, or his legally authorized agent, free and discharged of all claims, liens, and charges whatsoever, or cause to be erected, built, set up, finished and deliv- ered, as above mentioned, on a lot or piece of ground, situate and being [here insert the description, as contained in the deed ; and designate the part of the lot the house is to occupy] one house, messuage, or tenement, according to the plan, draft, or scheme, with specifica- tions annexed, made, drawn and finished by Free-Hand Sketcher, Architect, the contents whereof are as follows, viz. : [here refer to the plans and specifica- tions, by numbers or letters, and affix them to these articles, with a contract stamp to each separate piece of paper, as in case of difficulty, or dispute, under the contract, they alone can decide.] And the said party of the second part further agrees, for himself, his executors, administrators and assigns, to furnish, at his own proper cost and charge, all the materials which may be requisite for the construction of the aforesaid house, messuage, or tenement, accord-