"The
contractor agrees that the work under this contract shall be
completed on or before August 1, 1923, and that if the
contractor fails to fully complete this contract on or before
September 30, 1923, then and in that event, the contractor
further expressly agrees that for each day this contract
shall remain uncompleted after September 30, 1923, the owner
may deduct the sum of one hundred dollars from the contract
price hereinafter specified and retain said sum out of the
contract price as payment to the owner by the contractor
herein of the liquidated damages sustained by reason of the
failure of the contractor to complete this contract on or
before the date aforesaid. Provided, however, that if the
completion of this contract is delayed by the owner, other
contractors employed on the work by the owner, by general
strikes, act of God, or casualty, beyond the control of this
contractor, then and in such event, the time of completion of
this contract shall be extended for such additional time as
shall be caused by such delay.
"Provided
always, however, that the contractor herein shall at the time
of such delay, if any, demand of the owner in writing such
additional time within which to complete the performance of
this contract.
"The
contractor further expressly agrees that the owner may make
any necessary changes in the plans and specifications for the
work covered by this contract which may be deemed necessary
during the progress of the work, without invalidating this
contract. Provided, however, that if any such changes be
made, resulting in a reduction of the amount of work and
materials required, then a reduction in the contract price
hereinafter specified shall be made equal to the actual cost
of the labor and materials embraced in any such reduction plus ten per cent, and provided further, also,
that if any such changes be made resulting in additions to
the work and materials required, then the actual cost of such
added labor and materials plus ten per cent shall be added to
the contract price as hereinafter specified.
"The
architect shall have general supervision and direction of the
work; he is the agent of the owner as provided in the
contract documents.
"The
superintendent representing the architect is the accredited
agent of the owner and the architect, but any orders issued
by him for changes in the plans or for extras must, unless
otherwise expressly provided, be approved in writing by the
architect.
"The
owner without invalidating the contract may make changes by
altering, adding to or deducting from the work, the contract
sum being adjusted accordingly. All such work shall be
executed under the conditions of the original contract except
that any claim for extension of time caused thereby shall be
adjusted at the time of ordering such change.
"If
payments are made on valuation of work done, such application
shall be submitted at least ten days before each payment
falls due.
"The
architect may withhold, or on account of subsequently
discovered evidence, nullify the whole or part of any
certificate for payment to protect the owner from loss on
account of (a) defective work not remedied, (b) claims filed
or reasonable evidence indicating probable filing of claims,
(c) failure of the contractor to make payments properly to
subcontractors or for materials or for labor, (d) a
reasonable doubt that the contract can be completed for the
balance then unpaid.
"Neither
the final payment nor any part of the retained percentage
shall become due until the contractor, if required, shall
deliver to the owner a complete release of all liens arising
out of this contract or receipts in full in
lieu thereof and if required in either case, an affidavit
that the releases and receipts include all the labor and
material for which a lien might be filed; but the contractor
may, if any subcontractor refuses to furnish a release or
receipt in full, furnish a bond satisfactory to the owner to
indemnify him against any claim by lien or otherwise. If any
lien or claim remain unsatisfied after all payments are made,
the contractor shall refund to the owner all moneys that the
latter may be compelled to pay in discharging such lien or
claim, including all costs and a reasonable attorney's
fee.
"Contractor's
right to stop or terminate contract. If the work should be
stopped under an order of any court for a period of three
months, through no act or fault of the contractor or of any
one employed by him, or if the owner shall fail to pay the
contractor within a reasonable time after its maturity and
presentation, any sum certified by the architect or awarded
by arbitrators, then the contractor may upon three days'
written notice to the owner and the architect, stop work or
terminate this contract and recover from the owner payment
for all work executed and any loss sustained upon any plant
or material and reasonable profit and damages.
"In
consideration of the foregoing service, the owner agrees to
pay the contractor in current funds, for the performance of
this contract $ 50,060, subject to additions and deductions
as provided in the general conditions of this contract; and
to make payments on account thereof as provided therein and
as follows: Payment to be made monthly on the certificate of
the architect and on application for payment made by the
contractor as provided in Articles 25, 27, 28 and 29 of the
general conditions of this contract
mentioned as insert No. 2 and forming a part of this
contract; which certificates, however, shall in no case
exceed 85% of the completed work installed by the contractor
at the time of issuing such certificate,
except the final certificate which shall be issued only after
the work has been fully completed and accepted.
"It
is further expressly agreed between the parties hereto in
consideration of the payments hereinabove provided for, and
the mutual covenants and agreements of the parties herein
that the contractor agrees to waive and does hereby waive and
relinquish all right to a lien upon the real estate
hereinabove described and the building to be erected thereon
in accordance with the terms of this contract; and the
contractor expressly agrees that no lien shall attach to the
real estate, building, structure or any other improvement of
the owner, either on behalf of the contractor herein, or in
behalf of the subcontractors, mechanics, journeymen,
laborers, materialmen, or persons performing labor upon or
furnishing materials and machinery for such property or
improvement of said owner, and the said contractor does
hereby expressly waive all right to any such lien under the
laws of the State of Indiana for and on behalf of themselves
and all other such persons furnishing labor and materials as
aforesaid in any form or manner whatsoever for the erection,
construction and completion of said building; and it is
further agreed that this contract may be filed and recorded
in the recorder's office of said Lake County, Indiana,
and that the filing and recording of same shall be
constructive notice of its contents and of this waiver of
said lien to all p...
