10. When authorised by the architect, or in consequence of any notice, or otherwise, under Clause 5, the builder may vary or omit from the drawings or specification, but not otherwise, in which latter event no claim for extras shall be allowed.
11. If the builder unreasonably fails to complete the works by the date named in clause 1, or within any duly extended time, the builder shall pay or allow to the owner the sum of Twenty pounds per week as liquidated damages for every week, or part of a week, during which he shall be in such default, and such damages may be deducted from any moneys due to him by the owner.
12. If the architect decides that the works have been delayed by reason of any inclement weather, or of his own instructions in consequence of disputes with adjoining owners, or by the works or delay of other persons employed by the owner or architect and not referred to in the specification, or by reason of extras or variations duly authorised, or by reason of any combination of workmen, strike, or lock-out affecting any of the building trades, or in consequence of causes beyond the control of the builder, the architect shall make a fair and reasonable extension of time for completion in respect thereof. In case of such strike or lock-out, the builder shall forthwith give notice thereof to the architect.
13. Any defects, shrinkage, or other faults which may appear within three months after the completion of the work arising out of defective or improper materials or workmanship shall, upon the directions of the architect and within such reasonable time as he shall specify, be amended and made good by the builder at his own cost, unless the architect shall decide that he ought to be paid for the same; and in default the owner may recover from the builder the costs of making good the works, or be deducted by the owner from any moneys duo or that may become due to the builder.
14. The builder shall not, without the consent of the architect, assign this agreement or sub-let any portion of the works.
15. Tho builder shall permit the execution of extra work by any other work men or tradesmen whom the owner may employ.
16. The builder shall bo responsible for all damage to property, and for injuries caused by the works or workmen to persons, animals, or things, and shall indemnify the owner therefrom, and also in respect of any claims for injuries made by any person in the employ of the builder, and he shall also be responsible for all injuries caused to the works by inclemency of weather, and shall make good all damage thereby caused, and thoroughly reinstate and complete the whole of the works.
17. Tho builder is to insure and keep insured the works against loss or damage by fire, in an office to be approved by the owner in the joint names of the owner and builder, for the full value of the works executed, and upon request shall deposit with the architect the policies and receipts for the premiums for such insurance, and in default tho owner may effect the insurance and deduct the premium paid from any moneys due or which may become duo to the builder. All moneys received
under any such policies are to be applied towards the rebuilding or reparation of the works destroyed or injured.
18. The builder shall be entitled, under certificates issued to him by the architect and within three days from the date of each such certificate, to pay ment by the owner from time to time by instalments, when in the opinion of the architect work to the value of Two hundred pounds (or less at the reasonable discretion of the architect) has been executed in accordance with these presents, at the rate of seventy-five per cent. of the value of work so executed until the balance retained in hand amounts to the sum of Five hundred pounds, after which time the instalments shall be up to the full value of the work subsequently executed. The builder shall also bo entitled, under the certificate to be issued by the architect, to receive payment of Three hundred pounds, being a part of the said sum of Five hundred pounds, when the works are practically completed ; and in like manner to payment of the balance within a further period of one month, or as soon after the expiration of such period of one month as the works shall have been finally completed, and all defects made good according to the true intent and meaning hereof whichever shall last happen. The architect shall issue his certificates in accordance with this clause, and such certificates shall be considered conclusive evidence as to the sufficiency or otherwise of any work or materials to which they relate respectively.
19. The architect shall be Mr. John Holmes, of 15 Adelphi Terrace, and in the event of his ceasing to so act the owner shall appoint whomsoever he may think fit to act in his place, provided that he shall not so appoint any person to whom the builder has an objection sufficient and reasonable to the satisfaction of arbitrators to be appointed under clause 20.t 20. Provided that, in case any dispute or difference shall arise between the owner, or the architect on his behalf, and the builder, either during the progress or after the determination or abandonment of the works, or after breach of this xontract as to the construction hereof, or as to any matter or thing arising there. under, except as to the matters specifically left to the solo discretion of the architect, or as to the withholding by the architect of any certificate to which the builder may claim to be entitled, then such dispute or difference shall be and is hereby referred to the arbitration and final decision of two impartial persons, one to be chosen by each party, and the award of such arbitrators shall be final and binding on both parties, and the equivalent to a certificate of the architect and the builder shall be paid accordingly. The submission shall be deemed to be a b•bmissien to arbitration within the meaning of the Arbitration Act, 1889.
As witness the hands of the said parties, Signed by the said Fitzroy F. MILDMAY.
Mildmay and Henry Mason HENRY MASON.
in the presence of me,