3OO The Country House 



has been used with success on this and other occasions, in one of which the 

 contractor tried to break it and could not. In its original form it was so strong 

 that the parties who signed it were practically at the mercy of the State, but as 

 the Commonwealth \vas disposed to act fairly no objections were raised. The con- 

 ditions governing the contract for private work make it imperative that its form 

 should be slightly modified, that it may be fairer to the contractor. With this in 

 view, it has been slightly changed and brought up to date, although its original 

 intentions are retained. 



FORM OF CONTRACT 



These Articles of Agreement, made and entered into at New York City, State of New York, 

 on the thirteenth day of June in the year nineteen hundred and five, by and between Henry 

 Hanghammer, Esq., of Hilltown, \ew York, party of the first part (also termed the Owner), 

 and Edward T. Burdenton, of New York City. V \ .rk, party of the second part (also termed 

 the Contractor), Witness that the said parties covenant and agree to and with each other as 

 follows, namely: 



First. The Contractor hereby covenants and agrees with the said Owner that lie will furnish 

 and provide all materials of even' sort, and do and perform all work and labour of every kind, 

 required in the erection and completion of a dwelling house to be located on land of the Owner on 

 the northwest corner of Pine and High Streets at Hilltown, New York, with all the works and 

 appurtenances thereto belonging and therewith connected, as described, specified, and illustrated 

 by the general plans, detailed drawings, and specifications prepared and furnished by J. C. Buster, 

 Architect, of New York City; which said plans and drawings, together with said specifications, 

 being identified by the signatures of the two parties herein mentioned, are hereby made a part of 

 this contract. 



Second. The Contractor further agrees with the said Owner, that he will forthwith com- 

 mence the erection of said building, and prosecute the same without unreasonable delay or inter- 

 mission, and fully complete and finish the same according to this contract, and deliver up the same 

 completed, finished and thoroughly cleaned of all rubbish, with the keys thereof to the Owner, or 

 other due authorised agents, heirs or executors of the Owner, on or before the fifteenth day of 

 February in the year nineteen hundred and .six. 



Third. The said Owner covenants and agrees, that if the Contractor shall well and faith- 

 fully perform and fulfil this contract, and keep even' covenant on his part herein contained, the 

 said Owner will pay to the said Contractor the sum of seventeen thousand one hundred and 

 fifty dollars therefor, in instalments as the work progresses, as follows: Monthly payments shall be 

 made of sums to equal eighty-five per cent, of the value of all material applied to and fixed in 

 the construction of the building and works, the said value to be estimated and determined by tin- 

 Architect, and paid only upon his certificate, in writing, to the Owner, said payments to be due 

 upon the issuing of said certificates. Provided that the last payment shall not be made until 

 thirty days shall have elapsed after the certificate of the Architect that such last payment is due 

 has been rendered to the Owner; and it is further provided that the said residue reserved for 

 the final payment shall not be paid unless the Architect shall certify that this contract has been 

 fully performed, and that all the damages or allowances, if any there should be, have been ad- 

 justed and deducted from said residue, nor unless the Contractor shall accept the same in full 

 satisfaction and discharge all his claims and demands whatsoever, under or in connection with this 

 contract. 



Fourth. It is mutually covenanted and agreed, that in case the Owner shall at any time, 

 during the progress of the said work, request any alterations, deviations, additions, or omissions, 

 in, to, or upon the said work, or any detail thereof, as shown in and required by the said drawings 

 and specifications, the Contractor will make each and every alteration, deviation, addition, or 

 omission so requested, and the same shall not in any way avoid or impair this contract, but the 

 cost or expense thereof at a fair and reasonable valuation, to be immediately agreed upon by the 

 Architect, the Owner and the Contractor, and certified at the same time in writing by the said 



