such delay, if for more than five days after the date when said payments or installments shall have respectively become due and payable, as in this agreement provided, shall, at the option of the Contractor, be held to be prevention by the Owner of performance of this contract by the Contractor.

SEVENTH.-The specifications and drawings are intended to co-operate, so that any work exhibited in the drawings and not mentioned in the specifications, or vice versa, are to be executed the same as if both mentioned in the specifications and set forth in the drawings, to the true intent and meaning of the said drawings and specifications when taken together. But no part of said specifications that is in conflict with any portion of this agreement, or that is not actually descriptive of the work to be done thereunder, or of the manner in which the said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void.

EIGHTH.-Should the Owner or the Architect at any time during the progress of the work, request any alterations or deviations in, additions to, or omissions from, this contract, or the plans or specifications, either of them shall be at liberty to do so, and the same shall in no way affect or make void this contract; but the amount thereof shall be added to, or deducted from, the amount of the contract price aforesaid, as the case may be, by a fair and reasonable valuation. And this contract shall be held to be completed when the work is finished in accordance with the original plans, as amended by such changes, whatever may be the nature or extent thereof.

NINTH.-The rule of practice to be observed in the fulfilment of the last foregoing paragraph (eighth) shall be that, upon the demand of either the Contractor, Owner, or Architect, the character and valuation of any or all changes, omissions, or extra work, shall be agreed upon and fixed in writing, signed by the Owner, Architect, and the Contractor, prior to execution.

TENTH. Should any dispute arise between the Owner and Contractor, or between the Contractor and Architect, respecting the true construction of the drawings and specifications, the same shall, in the first instance, be decided by the Architect; but should either of the parties hereto be dissatisfied with the justice of such decision, or should any

dispute arise between the parties hereto respecting the valuation of the extra work, work done, or work omitted, the disputed matter shall be referred to, and decided by, two competent persons who are experts in the business of building -one to be selected by the Owner or Architect, and the other by the Contractor; and, in case they cannot agree, these two shall select an umpire, and the decision of any two of them shall be binding on all parties.

ELEVENTH.-Should the Contractor fail to complete this contract, and the works provided for therein, within the time fixed for such completion, due allowance being made for the contingencies provided for herein, he shall become liable to the owner for all loss and damages which the latter may suffer on account thereof, but not to exceed the sum of $....... per day for each day said work shall remain uncompleted beyond such time for completion.

TWELFTH.-In case said work herein provided for should, before completion, be wholly destroyed by fire, defective soil, earthquake, or other act of God which the Contractor could not have reasonably foreseen and provided for, then the loss occasioned thereby shall be sustained by the Owner to the extent that he has paid installments thereon, or that may be due under the fifth clause of this contract; and the loss occasioned thereby, and to be sustained by the Contractor, shall be for the uncompleted portion of said work upon which he may be engaged at the time of the loss, and for which no payment is yet due under said fifth clause of this contract.

In the event of a partial destruction of said work by any of the causes above named, then the loss to be sustained by the Owner shall be in the proportion that the amounts of installments paid or due bears to the total amount of work done and materials furnished, estimated according to said contract price, and the balance of said loss to be sustained by the Contractor.

THIRTEENTH.-The payment of the progress payments by the Owner shall not be construed as an absolute acceptance of the work done up to the time of such payments; but the entire work is to be subjected to inspection and approval of the Architect or Superintendent at the time when it shall be claimed by the Contractor that the contract and works are completed; but the Architect or Superintendent shall exercise all reasonable diligence in the discovery, and report to the Contractor, as the work progresses, of materials and

labor which are not satisfactory to the Architect or Superintendent, so as to avoid unnecessary trouble and cost to the Contractor in making good defective parts.

FOURTEENTH.-Should the Contractor, at any time during the progress of the work, refuse or neglect, without the fault of the Owner, Architect, or Superintendent, to supply a sufficiency of materials or workmen to complete the contract within the time limited herein, or any lawful extension thereof, for a period of more than three days after having been notified by the Owner in writing to furnish the same, the Owner shall have power to furnish and provide said materials or workmen to finish the said work; and the reasonable expenses thereof shall be deducted from the amount of the contract price.

IN WITNESS WHEREOF, the said parties to these presents have hereunto set their hands and seals, the day and year first above written.

(Seal.) (Seal.)

Section 260.-REFERENCE TO PLANS AND SPECIFICATIONS IN CONTRACT.-Where a building contract provides that the contractor shall do the work according to certain drawings and specifications, which are referred to in the contract as "hereto annexed," the drawings and specifications are an essential part of the contract, and until they are annexed the contract is not complete; and it is essential that the drawings and specifications referred to in the contract should be filed in the Recorder's office, together with the contract, and a failure to file them destroys the validity of the contract.

Section 261.-FAILURE TO FILE CONTRACT.— The failure to file the contract for record will not make the contract void. The filing of the contract for record gives actual notice of its terms to all, and limits lien claims to the labor or materials embraced within the terms of the original contract; but the contract will be valid, though not recorded at all.

Code of Civil Procedure, Section 1183; as amended by
Act of the Legislature, approved May 1, 1911.

Section 262.-CONTRACT OF MINOR.-A minor is not bound by his contract for the erection or repair of a building. A minor is only bound by his contracts in certain cases, which form exceptions to the general rule that minors cannot make contracts, in which the erection of a building is not included.

Section 263.- PRICE WHERE CONTRACTOR ABANDONS THE WORK.-If the contract for the erection and completion of a building is entire, and the contractor abandons the work before it is completed, he loses the right which he would have had to the full compensation agreed on.

Section 264. — OWNER PREVENTING WORK.— Where a contractor has proceeded to construct a building of the material and in the manner substantially as provided for in the contract, and the owner before completion of the contract, and without cause, and in violation of the contract, refuses to allow the contractor to go on, and takes possession of the building, and appropriates to his own use the materials on hand for the construction of the building, the contractor is entitled to treat the contract as rescinded. And in other circumstances, where acts of similar character by the owner prevent the contractor from completing the work as agreed upon, the contractor may look upon the contract as rescinded. In all such cases, the contractor may recover from the owner the reasonable value of the work performed and material furnished by him.

Section 265.— ACCEPTANCE BY AGENT.- Where the parties to a building contract agree upon an agent, who is authorized to accept or reject the work when completed, his acceptance is binding upon both parties; and where the agent acts in good faith, and without practicing any fraud upon either party to the contract, his acceptance of the work is final and conclusive.

Section 266. – BREACH OF CONTRACT BY OWNER. Where a contractor agrees to perform certain work and furnish certain materials for the construction of a building, and after furnishing a portion of the materials the owner of the building stops the work, and fails to receive any further material from the contractor, the owner is liable to the contractor in damages. The contractor may recover from the owner as damages all the profits he would have made if the work had gone on and the materials had been received from him.

AS TO EXTRA

Section 267.-AGREEMENT WORK. Where a building contract provides that "no extra work is to be paid for except by contract in writing," the parties may verbally rescind this provision, at any time, and agree to alterations. Where alterations are made by agreement, written or verbal, the original contract is not set aside, but is only modified to the extent of the change in the plans.

Section 268.-LOSS BY FIRE BEFORE COMPLETION. Where, by the terms of a building contract, the third and last installments of payment for the work are conditioned upon its completion according to agreement and specifications, such installments cannot be recovered where the whole work is consumed by fire, without apparent fault of either party, before its completion. A question will arise under such circumstances as to whether the building was substantially completed at the time of the fire. In a suit between a contractor and owner, at San Francisco, the Supreme Court of California decided that where it proved that no part of the second coat of paint required by the contract had been put on; that the work bench of the carpenters and the paint for the second coat were in the building at the time of the fire; that two of the doors were unhung, and no fastenings put on the front door or windows; and that the house had not been delivered or accepted; the building was not substantially completed before the fire. (Decided by the Supreme Court of California in the case