Handbook of Railroad Construction; For the use of American engineers. / Containing the necessary rules, tables, and formulæ for the location, construction, equipment, and management of railroads, as built in the United States.

by George L. Vose

THE CONTRACT.

87. This is the mutually binding legal article of agreement between the contractor and the company, specifying the times of completing, manner of payment, and describing the work which is to be done. Thus:—

A AND B RAILROAD COMPANY.

Contract.

Graduation on sections A C D,

Masonry on sections A C D,

Ballasting on sections A C D,

Bridging on sections A X T,

Fencing on sections O O O,

Sills and ties on sections O O O,

Track laying on sections O O O.

____________ }

____________ } Contractors.

Articles of agreement made and concluded this first day of January, A. D. 1857, between —— of the first part, and the A and B Railroad Company of the second part, being a company duly incorporated by the State of —— of the second part, whereby it is mutually agreed as follows, namely: The said party
parties of the first part hereby agree to and with the said party of the second part that he
they will perform in a substantial and workmanlike manner the following work, namely:—

[The work here described.]

The said work to be performed and completed agreeably to the directions and to the approval of the chief engineer of said company for the time being, and subject to all the general provisions of the specification attached to and forming a part of this agreement, and also subject to such of the special provisions of said specifications as are applicable to the work hereby contracted for.

And in consideration of the full and faithful performance by the said party
parties of the first part of this agreement on his
their part, the said party of the second part hereby agrees to pay for the same in the time and in the manner hereinafter mentioned, at the rates as follows, namely:—

[Here insert the items and corresponding prices.]

It is mutually agreed that this contract applies only to those items to which prices are attached, and that where it embraces both labor and materials introduced in the work, such prices are in full compensation therefor when introduced in the manner required. When it embraces materials only, such prices are in full compensation for the materials and the labor necessary to deliver the same to the company, and when it embraces labor only, such prices are in full compensation for such labor, and every incident to its complete and proper performance. In every case the estimate for ascertaining the amount of compensation shall be made by the engineer from the actual work, from the material furnished, or from that on which the labor contracted for is bestowed.

It is also agreed that partial payments shall be made from time to time during the progress of the work as follows:—

[Times and manner of payment.]

And that in thirty days after the contract is fully completed to the satisfaction of the chief engineer of the company for the time being, and the work is surrendered to and accepted by the company, a final measurement and estimate thereof shall be made under the direction of the chief engineer, and be duly certified by him, on the return of which to the president of the company the whole amount then found to be due to the said party
parties of the first part shall be paid to him
them on demand as follows:—

[Insert mode of payment.]

And it is also hereby further agreed, that bank-bills current in the State of —— shall be accepted for cash in payment for all claims under this contract.

And the said party
parties of the first part further agree
agrees that in twenty days after he
they shall be notified to do so, as provided for in said specifications, he
they will begin the work hereby contracted to be performed, with a force of all kinds sufficient for its completion in the time herein prescribed, and that he
they will finish and deliver the same to the company fully completed in all its parts as follows:—

---

And the said specifications hereunto annexed are hereby made a component part of this contract and (except so far as any provision therein may not be pertinent to the subject-matter of the contract or may be specially modified herein,) shall be looked to in ascertaining the meaning, extent, and purport of this agreement, and in determining the rights, powers, duties, privileges, and obligations of the contracting parties as to any particular embraced therein.

In virtue whereof the said party
parties of the first part has
have hereunto set his
their hand and seal, and the said party of the second part have caused their president to subscribe his name and affix the corporate seal of the company hereto, all done in triplicate the day and year first above written.

Contractor’s name,      [SEAL.]

President’s name,       [SEAL.]