home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
ex
/
sam
/
re
/
construc.sam
< prev
next >
Wrap
Text File
|
1993-08-01
|
39KB
|
845 lines
CONSTRUCTION CONTRACT
1. Contract No. 123456789
2. Date of contract: APRIL 1, 1994
3. CARL THE CONTRACTOR, located at 123 4TH STREET, City of
ANYWHERE, County of SAMPLE COUNTY; State of WYOMING
4. Check appropriate space:
______ individual
_________ partnership
__________ joint venture
_________ corporation, incorporated in the State of ___________
5. AL'S AGENCY, located at 234 5TH STREET, City of BIGCITY, County
of SAMPLECOUNTY, State of WYOMING.
6. Contract for: A REALLY BIG JOB
7. Place work to be performed: JOB SITE, 432 1ST STREET
8. Contract price $ 123456.78 ( one hundred twenty three thousand
four hundred fifty six & 78/100 dollars)
9. Administrative data (optional): ________________
The United States of America (hereinafter called the Government),
represented by the contracting; officer executing this contract
and the individual,partnership, joint venture, or corporation
named above (hereinafter called the Contractor), mutually agree
to perform this contract in strict accordance with the General
Provisions (Standard Form 23-A), Labor Standards Provisions
Applicable to Contracts in Excess of 52,000 (Standard Form 1
9-Al, and the following designated specifications, schedules,
drawings, and conditions:
10. Work shall be started: MAY 1, 1994
11. Work shall be completed: JULY 31, 1994
12. ALTERATIONS. The following alterations were made in this
contracts before it was signed by the parties hereto:
________________.
In witness whereof, the parties hereto have executed this
contract as of the date entered on the first page hereof
The United States of America
By ___________________________________
_________________________
Official Title
______________________________________
Title
Contractor
By __________________________________
_____________________________________
Signature
INSTRUCTIONS
1. A full name and business address of the Contractor must be
inserted in the space provided on the face of the form. The
Contractor shall sign in the space provided above with his usual
signature and type or print his name under the signature.
2. An officer of a corporation, a member of a partnership, or
an agent signing for the Contractor shall place his signature and
title after the word.
By under the name of the Contractor. A contract executed by an
attorney or agent on behalf of a Contractor shall be accompanied
by two authenticated copies of his power of attorney or other
evidence of his authority to action behalf of the Contractor.
CLAUSE ONE DEFINITIONS
(a) The term head of the agency or Secretary as used herein
means the Secretary, the Under Secretary, any Assistant
Secretary, or any other head or assistant head of the executive
or military department or other Federal agency: and the term his
duly authorized representative means any person or persons or
board (other than the Contracting Officer) authorized to act for
the head of the agency or the Secretary.
(b) The term Contracting Officer as used herein means the
person executing this contract on behalf of the Government and
Includes a duly appointed successor or authorized representative.
CLAUSE TWO
SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of the drawings
and specifications and shall at all times give the Contracting
Officer access thereto. Anything mentioned in the specifications
and not shown on the drawings, or shown on the drawings and not
mentioned in the specifications, shall be of like effect as if
shown or mentioned in both. In case of difference between
drawings and specifications, the specifications shall govern. in
case of discrepancy either in the figures, in the drawings, or in
the specifications,the matter shall be promptly submitted to the
Contracting Officer, who shall promptly make a determination in
writing. Any adjustment by the Contractor without such a
determination shall be at his own risk and expense The Contracting
Officer shall furnish from time to time such detail drawings and
other information as he may consider necessary, unless otherwise
provided.
CLAUSE THREE
CHANGES
(a) The Contracting Officer may, at any time, without notice to
the sureties, by written order designated or indicated to be a
change order, make any change in the work within the general
scope of the contract, including but not limited to changes:
(1) in the specifications (including drawings and designs)
In the method or manner of performance of the work:
(iii) In the Government-furnished facilities, equipment,
materials, services, or site: or
(iv) Directing acceleration in the performance of the work
(b) Any other written order or an oral order (which terms as
used in this paragraph (b) shall include direction, instruction,
interpretation, or determination) from the Contracting Officer,
which causes any such change, shall be treated as a change order
under this clause, provided that the Contractor gives the
Contracting Officer written notice stating the date,
circumstances, and source of the order and that the Contractor
regards the order as a change order.
(c) Except as herein provided, no order, statement, or conduct
of the Contracting Officer shall be treated as a change under
this clause or entitle the Contractor to an equitable adjustment
hereunder.
(d) If any change under this clause causes an increase or
decrease in the Contractor s cost of, or the time required for,
the performance of any part of the work under this contract,
whether or not changed by any order, an equitable adjustment
shall be made and the contract modified in writing accordingly:
That except for claims based on defective specifications, no
claim for any change under (b) above shall be allowed for any
costs incurred more than 20 days before the Contractor gives
written notice as therein required: And Provided Further, That in
the case of defective specifications for which the Government is
responsible, the equitable adjustment shall include any increased
cost reasonably incurred by the Contractor in attempting to
comply with such defective specifications.
(e) if the Contractor intends to assert a claim for an equitable
adjustment under this clause, he must, within 30 days after
receipt of a written change order under (a) above or the
furnishing of a written notice under (b) above,submit to the
Contracting Officer a written statement setting forth the general
nature and monetary extent of such claim, unless this period is
extended by the Government, The statement of claim hereunder may
be included in the notice under (b) above.
(f) No claim by the Contractor for an equitable adjustment
hereunder shall be allowed if asserted after final payment under
this contract.
CLAUSE FOUR
DIFFERING SITE CONDITIONS
(a) The Contractor shall promptly and before such conditions are
disturbed notify the Contracting Officer in writing of:
Subsurface or latent physical conditions at the site differing
materially from those indicated in this contract or (2) unknown
physical conditions at the site of an unusual nature, differing
materially from those ordinarily encountered and generally
recognized as inhering in work of the character provided for in
this contract. The Contracting Officer shall promptly investigate
the conditions and if he finds that such conditions do materially
so differ and cause an increase or decrease in the contractor s
cost of or the time required for performance of any part of the
work under this contract whether or not changed as a result of
such conditions an equitable adjustment shall be made and the
contract modified in writing accordingly.
(b) No claim of the contractor under this clause shall be allowed
unless the Contractor has given the notice required in (a) above:
provided however