Page:The Building News and Engineering Journal, Volume 22, 1872.djvu/198

 182 THE BUILDING NEWS. Marc# 1, 1872. That the Student’s Prize in Books be awarded to the author of the Design for a Staircase in a Do- mestic Building, bearing the motto of “Alpha.” Mr. Perx’s Prizes.—The Council beg to an- nounce that ten sets of drawings illustrating the restoration of Eastbury Manor House, and six sets of drawings illustrating the restoration of the Con- vent Gateway, Barking, have been submitted by Candidates for Mr. Peek’s Prizes. After due con- sideration, and on the report of the Sub-Committee specially appointed to examine the drawings, the Council haye resolved with regard to the drawings of Eastbury Manor House, that the First Prize of £42 be awarded to the author of the drawings distinguished by the motto of “Stet fortuna domis.” That in the same competition the Second Prize of £20 be awarded to the author of the drawings bearing the motto “ Brigand,”’ and, with regard to the drawings of the Convent Gateway, Barking, that the prize of £10 be awarded to the author of the drawings distinguished by the motto “ Earcon- wald.” The drawings submitted in competition for all the above-mentioned Prizes are now on view at the Rooms of the Institute. A List of Subjects re- commended by the Council for the Institute Medals and Prizes of 1872-3 will be proposed for adoption. At the same meeting, the following addition to Bye-Law 3, Section III, will be recommended by the Council for adoption in reference to the nomi- nation of proposed Members:—‘tThe Nomination Paper must be accompanied by a separate written statement by the applicant as to his professional education in the case of Associates, and as to his professional education and works in the case of Fellows; and by another written statement by one of the three Fellows who have signed the Nomina- tion Paper, giving particulars of his acquaintance with the candidate in the case of Associates, and of his acquaintance with the candidate and his works in the case of Fellows.” ———— “ CONDITIONS ” OF BUILDERS’ CONTRACTS. HE following form of conditions has been pre- pared by the London Builders’ Society, and approved by the Royal Institute of British Archi- tects -— 1. The contractors are to provide everything of every sort and kind which may be necessary and requisite for the due and proper execution of the several works in- cluded in the contract according to the true intent and meaning of the drawings and specification taken to- gether, which are to be signed by the architect and the contractors, whether the same may or may not be par- ticularly described in the specification or shown on the drawings, provided that the same are reasonably and obviously to be inferred therefrom ; and in case of any discrepancy between the drawings and the specification the architect is to decide which shall be followed. 2. The contractors are to conform in all respects to the provisions and regulations of the Metropolis Local Management Act and the Metropolis Buildings Act, and to the regulations and bye-laws of the Metropolitan Board of Works and of the local authorities, and they are to give all notices required by the said Acts to be given to any local authorities, and to pay all fees pay- able under any of the said Acts to any such authori- ties or to any public officer in respect of the works. 3. The contractors are to set out the whole of the works, and during the progress of the works to amend on the requisition of the architect any errors which may arise therein, and upon request are to provide the necessary appliances or furnish the necessary vouchers to proye that the several materials are such as are de- scribed. The contractors are to provide all plant, labour, and materials which may be necessary and requisite for the works ; all materials and workmanship being the best of their respective kinds; and the con- tractors are to leave the works in all respects clean and perfect at the completion thereof. 4, Complete copies of the drawings and specification signed by the architect are to be furnished by him or by the measuring surveyor to the contractors for their own use, and the same or copies thereof are to be kept on the buildings in charge of a competent foreman, who is to be constantly kept on the ground by the con- tractors, and to whom instructions can be given by the architect. The contractors are not to sublet the works or any part thereof without the consent in writing of the architect. 5. The architect is to have at all times access to the works, which are to be entirely under his control. He may require the contractors to dismiss any person in the contractor's employ upon the works who may be incompetent or misconduct himself, and the contractors are forthwith to comply with such requirement. 6. The contractors are not to vary or deviate from the drawings or specification, or execute any extra work of any kind whatsoever, unless the same be re- quired to comply with any of the provisions of any of the Acts of Parliament, regulations, or bye-laws herein before mentioned, or unless upon the authority of the architect, to be sufficiently shown by any order in writing, or by any plan or drawing expressly given and signed or initialed by him, as an extra or variation, or by any subsequent written approval signed or initialed by him. In cases of day work, all youchers for the same are to be delivered to the architect or clerk of the works at latest during the week following that in which the work may have been done; and only such day work is to be allowed for, as such, as may have been authorised by the architect to be so done, unless the work cannot from its character be properly measured and valued. 7. Any authority given by the architect for any alteration or addition in or to the works is not to yitiate the contract, but all additions, omissions, or yariations made in carrying out the works for which a price may not haye been previously agreed upon, are to be measured and valued, and certified for by the architect, and added to or deducted from the amount of the contract as the case may be, according to the schedule of prizes annexed, or, where the same may not apply, at fair measure and yalue. 8. All work and materials brought and left upon the ground by the contractors or by their order, for the purpose of forming part of the works, are to be con- sidered to be the property of the employer, when pay- ment shall have been made of the amount of any certi- ficate in which the value thereof shall be included, and in such case the same are not to be removed or taken away by the contractors or any other person without the special licence and consent of the architect ; but the employer is not to be in any way answerable for any loss or damage which may happen to or in respect of any such work or materials either by the same being lost or stolen, or injured by weather or otherwise. 9. The architect is to have full power to require the removal from the premises of all materials which in his opinion are not in accordance with the specification, and in case of default the employer is to be at liberty to employ other persons to remove the same without being answerable or accountable for any loss or damage that may arise or happen to such materials; and the architect is also to haye full power to require other proper materials to be substituted; and in case of de- fault the employer may cause the same to be supplied, and all costs which may attend such remoyal and sub- stitution are to be borne by the contractors. 10, Should any of the works be, in the opinion of the architect, executed with improper materials or de- fective workmanship, the contractors are, when re- quired by the architect during the progress of the work, forthwith to re-execute the same, and to substi- tute proper materials and workmanship; and, in case of default of the contractors in so doing within a reasonable time, the architect is to have full power to employ other persons to re-execute the work, and the cost thereof is to be borne by the contractors. 11. Any defects, shrinkage, and other faults which may appear within months from the com- pletion of the building, and arising out of defective or improper materials or workmanship, are, upon the direction of the architect, to be amended and made good by the contractors at their own cost, unless the architect shall decide that they ought to be paid for the same; and, in case of default, the employer may re- coyer from the contractors the cost of making good the works. 12. The contractors are to insure the building against loss or damage by fire, in an office to be approved, in the joint names of the empleyer and contractors, for half the value of the works executed, until it shall be covered in, and thenceforth until completion in three-fourths of the amount of such value. and are, upon request, to produce to the architect the policies and the receipts for the premiums for such insurance. All moneys re- ceived under any such policies are to be applied in or towards the rebuilding or reparation of the works de- stroyed or injured. In case of neglect the employer is to be at liberty to insure and deduct the amount of the premiums paid from any moneys payable to the con- tractors. 13. The building, from the commencement of the works, to the completion of the same, is to be under the contractors’ charge; they are to be held respon- sible for, and are to make good all injuries, damages, and repairs occasioned or rendered necessary to the same, by fire, or by causes over which the contractors shall have control, and they are to hold the employer harmless from any claims for injuries to persons or for structural damage to property happening from any neglect, default, want of proper care, or misconduct on the part of the contractors, or of any one in their employ during the execution of the works. 14. The employer is at all times to have free access to the works, and is to have full power to send work- men upon the premises to execute fittings and other works not included in the contract, for whose opera- tions the contractors are to afford every reasonable facility during ordinary working hours, provided that such operations shall be carried on in such a manner as not to impede the progress of the works included in the contract ; but the contractors are not to be re- sponsible for any damage which may happen to or be occasioned by any such fittings or other works. 15. The contractors are to complete the whole of the works (except painting and papering, or such other works as the architect may desire to delay), within calendar months after the commencement of the same, unless the works be delayed by reason of any inclement weather, or causes not under the con- tractors’ control, or in case of combination of work- men, or strikes, or lock-out affeeting any of the build- ing trades, for which due allowance shall be made by the architect, and then the contractors are to complete the works within such time as the architect shall con- sider to be reasonable, and shall from time to time in writing appoint ; and in case of default the contractors are to pay or allow to the employer as and by way of liquidated'and agreed damages, the sum of £ per week for every week during which they shall be so in default, until the whole of the works (except as aforesaid) shall be so completed, provided the archi- tect shall in writing certify that the works could have been reasonably completed within the time appointed. 16, If the contractors shall become bankrupt, or compound with or make any assignment for the benefit of their creditors, or shall suspend or delay the per- formance of their part of the contract (except on account of causes mentioned in clause 15, or on ac- count of being restrained or hindered under any pro- ceedings taken by parties interested in any neighbour- ing property, or in consequence of not having proper instructions, for which the contractors shall have duly applied), the employer, by the architect, may give to the contractors or their assignee or trustee, as the case may be, notice requiring the works to be proceeded with, and in case of default on the part of the contractors or their assignee or trustee for a period of days, it shall be lawful for the employer, by the architect, to enter upon and take possession of the works, and to employ any other person or persons to carry on and complete the same, and to authorise him or them to use the plant, materials, and property of the contractors upon the works, and the costs and charges incurred in any way in carrying on and com- pleting the said works are to be paid to the employer by the contractors, or may be set off by the employer against any money due, or to become due, to the con- tractors. 17. When the value of the works executed, and not included in any former certificate, shall from time to time amount to the sum of £, or otherwise, at the architect's reasonable discretion, the contractors are to be entitled to receive payment at the rate of 80 per cent. upon such value until the difference between the percentage and the value of the works executed shall amount to per cent. upon the amount of the contract, after which time the contractors are to be entitled to receive payment ofthe full value of all works executed and not included in any former payment, and the architect is to give to the contractors certificates accordingly, and when the works shall be completed, or possession of the building shall be given up to the employer, the contractors are to be entitled to receive one moiety of the amount remaining due, according to the best estimate of the same that can then be made, and the architect is to give to the contractors certifi- cates accordingly, and the contractors are to be entitled to receive the balance of all moneys due or payable to them under or by virtue of the contract within months from the completion of the works, or from the date of giving up possession thereof ta the employer, whichever shall first happen, The contractors are to be entitled to receive any sum reserved for painting and papering or otherwise, on the completion thereof. Pre- vided always that no final or other certificate is to cover or relieve the contractors from their liability under the provisions of clause No. 11, whether or not the same be notified by the architect at the time or subsequently to granting any such certificate. 18. A certificate of the architect, or an award of the referee hereinafter referred to, as the case may be, showing the final balance due or payable to the con- tractors, is to be conclusive evidence of the works having been duly completed, and that the contractors are entitled to receive payment of the final balance, but without prejudice to the liability of the contractors under the provisions of clause No. 11. 19, If the employer shall make default in paying any moneys to which the contractors may become entitled, for days afterthe amount thereof shall haye been certified, or if the works be delayed for months by or under any proceedings taken by any other parties, the contractors are to be at liberty to suspend the works, and to require payment for all works executed, and all materials wrought up, and for any loss which they may sustain upon any goods or materials pur- chased for the works, and in such case the contractors are not to be bound to proceed further with the works contracted for. The contractors are to be entitled to such interest and at such rate as the architect shall certify upon all moneys payable to the contractors, payment of which may have beenunduly delayed. 20, Provided always that in case any question, dis- pute, or difference shall arise between the employer, or the architect on his behalf,and the contractors as to what additions, if any, ought in fairness to be made to the amount of the contract by reason of the works being delayed through no fault of the contractors,or by reason or on account of any directions or requisitions of the architect, involving increased cost to the contractors beyond the cost properly attending the carrying out of the contract according to the true intent and meaning of the signed drawings and specification, or as to the works having been duly completed, or as to the con- struction of these presents, or as to any other matter or thing arising under or out of this contract except as to matters left during the progress of the works to the sole decision or requisition of the architect under clauses Nos. 1, 9, and 10, or in case the contractors shall be dissatisfied with any certificate of the archi- tect under clause No. 7, or under the proviso in clause No. 15, or in case he shall withhold or not give any certificate to which they may be entitled, then such question, dispute, or difference, or such certificate, or the yalue or matter which should be certified, as the case may be, is to be from time to time referred to the arbitration and final decision of architect, or in the event of his death or unwillingnessto act, then of architect, or in the event of