THIS AGREEMENT made on the day of in the year two thousand and .
BY AND BETWEEN
____________________________________________________________________________________________________________________________________________________________________
hereinafter called the “Owner”
AND
____________________________________________________________________________________________________________________________________________________________________
hereinafter called the “Contractor”
WITNESSETH: that the Owner and Contractor undertake and agree as follows:
ARTICLE A-1 THE WORK
The Contractor shall:
(a) perform all the Work required by the Contract Documents for _______________________ _____________________________________________. (See Tender Form for Description) which have been signed in triplicate by both the parties,
(b) do and fulfil everything indicated by this Agreement, and
(c) commence the Work by the day of , 20 and substantially perform the Work of this Contract as certified by the Engineer/Architect by the _______ day of _________ 20 .
(d) The “Engineer/Architect” is the person designated as such from time to time by the Owner.
ARTICLE A-2 CONTRACT DOCUMENTS
The following is an exact list of the Contract Documents referred to in Article A-1: (SEE TABLE OF CONTENTS FOR LIST OF DOCUMENTS AND DRAWINGS). See Attached
ARTICLE A-3 CONTRACT PRICE
THE CONTRACT PRICE IS _______________________________________________________ which price shall be subject to adjustments as may be required in accordance with the General Conditions of the Contract.
ARTICLE A-4 PAYMENT
(a) Subject to applicable legislation and, where such legislation does not exist or apply, in accordance with such prescribed regulations or industry practice respecting holdback percentages and in accordance with the provisions of the General Conditions of the Contract, the Owner shall:
(1) make monthly payments to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Engineer/Architect; and
(2) upon Substantial Performance of the work as certified by the Engineer/Architect pay to the contractor any unpaid balance of holdback monies then due; and
(3) upon Total Performance of the Work as certified by the Engineer/Architect pay to the contractor any unpaid balance of the Contract Price then due.
(b) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in any award by a court, interest at the rate and in the manner specified in Certificates and Payments, shall become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly.
ARTICLE A-5 ADDRESSES FOR NOTICES
All communications in writing between the parties or between them and the Engineer/Architect shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by facsimile addressed as follows:
The Owner at: ________________________________________________________________
________________________________________________________________
________________________________________________________________
The Contractor at: ________________________________________________________________
________________________________________________________________
________________________________________________________________
The Engineer/Architect at: __________________________________________________________
__________________________________________________________
__________________________________________________________
ARTICLE A-6 SUCCESSION
The General Conditions of the Contract hereto annexed, and all other aforesaid Contract Documents, are all to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties and subject to law and the provisions of the Contract Documents shall ensure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers hereunto duly authorized.
SIGNED, SEALED AND DELIVERED in the presence of:
OWNER: CONTRACTOR
______________________________ ______________________________
signed signed
______________________________ ______________________________
name and title name and title
_____________________________ ______________________________
date signed / witnessed
______________________________
name and title ______________________________ date
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