Contract and Specifications 301 



Architect, shall be as may be just and proper added to or deducted from the payments to be made 

 to the Contractor under this contract, and shall be accounted for and settled by and between the 

 respective Owner and Contractor; the making of any such alteration, deviation, addition, or 

 omission shall not vary the time above limited to the performance of this contract, unless the 

 number of days to be added to or deducted therefrom by reason thereof shall be determined and 

 certified to in writing at the time by the Architect. 



Fifth. It is agreed by the parties hereto, that in case the Contractor shall at any time refuse 

 or neglect to supply 'a sufficiency of skilled workmen and materials of the proper quality, or shall 

 fail in any respect to prosecute the work required by this contract with promptness and diligence, 

 or shall omit to fulfil any provision therein contained, such refusal or neglect being certified to by 

 the Architect in writing, the Owner may, after three days' written notice to the Contractor, provide 

 such requisite labour or materials, necessary to the proper performance of the work under this 

 contract, and may deduct the cost thereof from such payments as are due or may thereafter become 

 due to the Contractor under this contract ; and if the Contractor shall be adjudged to be bank- 

 rupt or if the Architect shall certify that such aforesaid refusal or neglect be sufficient grounds for 

 such actions, the Owner shall have the right and power to enter upon and take charge of the said 

 work, and expel the Contractor and his servants and agents therefrom and to procure and employ 

 other persons to perform and furnish the work and materials required by this contract, so as to 

 fully execute the same in every respect; and the Contractor shall be liable to pay the said Owner 

 all damages which he may sustain by reason of the failure of the Contractor to fulfil his part of 

 the contract, and shall have no claim or demand to any unpaid balance unless such balance 

 exceeds the amount of damages due the Owner as above stated. It is further agreed that such 

 unpaid balance due the Contractor under the above conditions of refusal or neglect shall be 

 withheld until the said work shall be wholly completed according to this contract, and if the 

 amount of damages due the Owner exceed the amount of unpaid balance due the Contractor, the 

 said Contractor shall be liable for the difference and shall pay the same to the Owner. The 

 expense incurred by the Owner from such above refusal or neglect, either in the furnishing of the 

 proper labour and material, or any damage sustained through the above default, shall be audited 

 and certified to by the Architect, and the text of such certificate shall be binding upon the 

 parties herein mentioned. 



Sixth. It is mutually agreed by the parties herein mentioned, that should the Contractor 

 be hindered or delayed in the prosecution or final completion of the said work herein mentioned, 

 by the fault or neglect of the Owner, of the Architect, or any other Contractor employed by 

 the Owner upon said work, or by any delay due to any damage caused by fire or by any other 

 casualty for which the Contractor is in no way responsible, or by strikes, general or local, or by 

 lockouts caused by acts of the employees of the said Contractor, then the time limit herein fixed 

 for the completion of said work shall be extended for a period equal to the time lost through reason 

 of any or all of the causes aforesaid, such period of extension to be determined and fixed by the 

 Architect; it is understood, however, that such allowance shall not be made unless claim therefor, 

 in writing, be presented within a period of forty-eight hours of the occurrence of said delay. It is 

 further agreed that the Contractor is to give the Owner two weeks' notice prior to the time when 

 it is necessary that such material as the Owner is to furnish at his own expense, or the material 

 and labour under any separate contract, should be on the ground for the full and complete pros- 

 ecution of the work without delay to the Contractor; and in the event of failure on the part of 

 the owner to produce such material or labour and material under any separate contract, the Owner 

 will reimburse the Contractor for such loss of time and expense therein occasioned by said failure. 

 Provided, however, that such failure on the part of the Owner be not by reason of strikes, 

 shortage of market, or from such other causes as shall be adjudged sufficient by an arbitrative 

 board. Should the Owner and Contractor fail to agree as to the fair valuation for loss or damage 

 occasioned by either, one to the other, or of any alteration, deviation, addition, or omission, from the 

 work as shown by the original drawings and specifications hereto appended, and said valuation 

 shall be determined by an arbitrative board composed of one person selected by the Owner, and one 

 person selected by the Contractor, and a third to be selected by the two members already chosen. 

 The decision of the majority of this board shall be deemed final and binding on both parties 

 hereto, and the expense of such proceeding shall be borne by both parties, in equal part. 



