BUILDING CONTRACT
BETWEEN
JAMES GALLIER AND PALOC AND DUFOUR
Be it known that on this thirteenth day of June in the year of our Lord 1838 and of the Independence of the United States of America the sixty-second.
Before me Felix Grima, a Notary Public, in and for the Parish and City of New Orleans, State of Louisiana, duly commissioned and sworn and in the presence of the witnesses hereinafter named and undersigned, personally appeared Hypolite Paloc and Charles Dufour, both of this City united in business under the style and firm of Paloc and Dufour, of the first part:
And James Gallier, also of this City, Builder, of the second part:
And the said party of the second part declared that he does by these pre- sent, covenant and contract and agree with the said parties of the first part to provide, furnish and supply all the materials and to execute and perform all the work necessary for the erection of six three-story brick dwelling houses on a certain lot of ground belonging to the said parties of the first part, situated at and forming the corner of Burgundy and Dumaine Streets, having in American Measure 82' front on Dumaine Street by 127'7'' in depth and front on Burgundy Street. The said six houses are to be constructed in conformity with three plans thereof marked, "Ne Varietur" by me said Notary, signed by the said parties in the presence of and together with me said Notary and the witnesses undersigned, and delivered over by agreement between the said parties to the said party of the second part who hereby acknowledges the receipt and delivery of the same; and also in accordance with the following specifications.
SPECIFICATIONS
There shall be constructed on the aforementioned lot of ground six three-story brick dwelling houses, the foundations of which are to be dug two feet below the banquette and laid five bricks wide at the bottom, upon two thicknesses of sound flat boat planks crossing each other in the usual manner. The bricks are to be of lake bricks and painted. The mortar for every part of the walls above the foundations is to be of two-thirds river sand, one-third of Natchez sand and a sufficient proportion of good fresh lime. The walls are all to be one and a half brick thick, except the front and division walls of the back buildings which are to be one brick thick. The first floor is to be sixteen inches above the top of the banquette, the first story is thirteen feet high, the second story twelve feet, and the third or upper story six and a half feet high at the wall plate and eight and a half feet high in the center, all clear dimensions between the joints.
There are to be two granite steps fixed to each entrance door agreeably to the drawings and granite window sills fixed to the front windows of each house. A separate flue is to be built from each fireplace to the top, well plastered inside, iron bars to be set over the kitchen chimneys, and iron anchors fixed to the ends of the joints. The sinks under the privies are to be made six feet deep. A thirteen inches brick arch is to be built over every opening for the doors and windows. Fire walls to be properly built between the roofs of the several houses. All the plastering is to be three coats work, hard finished in the front buildings and two coats work in the back buildings. A neat moulded cornice is to be run around the entrance halls and around the parlours. The roofs are all to be covered with slates and be warranted tight for twelve months. Copper gutters are to be fixed to the rear of the front houses and to the back buildings. Copper trough gutters to be fixed inside of the cornice along the fronts and copper conductors on the fronts and rear.
The surface of the yards and the floors of the lower stories of the back buildings are to be paved with lake bricks. The back buildings are to be two stories high, the lower story to be ten feet six inches clear height and the upper story nine feet clear height.
All the timbers above the ground floor to be of Pensacola pine; the floor joints of the front buildings are to be eleven inches by three and those of the back buildings nine inches by three. The rafters of the roofs of the front buildings to be six inches by three with collar braces dovetailed and well nailed upon the rafters eight inches wide by one inch and a half thick.
The rafters of the back buildings are to be four inches wide by three inches thick upon ceiling joists four inches wide by three inches thick. All the story partitions are to be four inches in thickness, the door posts are to be six inches wide by four inches thick, all the floors are to be of one and a quarter plank, planed, grooved and tongued.
The gallery floors are to have white lead run into the joints when lying down. All the joists, rafters and studs of partitions are to be placed sixteen inches apart from center to center; turned posts with handrails and square balusters are to be fixed to the back galleries.
The base around the first stories is to be twelve inches deep with a large moulding on top. The base around the upper stories is to be nine inches deep moulded on top. Wood chimney mantles are to be fixed to all the fireplaces of the parlours and bed rooms. The parlour floors of the first story are to be of best cypress planks; all the other floors of the second and third stories are to be of the best Pensacola pine planks, grooved and tongued.
The parlour windows are to have twelve lights of best English or German sheet-glass, each eleven inches by twenty-two. The front windows of the second story are to have fifteen lights of sheet glass, each eleven inches by twenty; the back windows of the second story are to have twelve lights, each eleven inches by twenty; the window of the third story are to have nine lights each eleven inches by seventeen; and there shall be venetian blinds hung to all the windows of the front. The windows of the back buildings are to have twelve lights of fourteen inches by ten, and all the windows of the front house are to be trimmed with moulded architraves.
The entrance doors are to be one inch and three quarters thick, nine feet high by three feet, nine inches wide, hung in cased frames with moulded transoms and fan-lights, and trimmed outside with pilasters and entablatures as per elevation. The parlour doors are to be eight feet six inches high by three feet six inches wide, eight feet six inches high and. One inch and three quarters thick with a good mortice lock on each.
The sliding doors are to be eleven feet high by seven feet six inches wide in clear of the openings, hung upon proper slide ways with pulleys, beads, bolts and locks complete. The back doors on the staircase are to be eight feet, six inches high, by three feet six inches wide and one inch and three eights thick. The doors of the upper stories are to be eight feet high by three feet three inches wide and one inch and three eights thick with good rim locks thereon. The doors of the back buildings are to be battened doors with a thumb latch and iron rim locks on each of the bed room doors.
All the locks are to be trimmed with moulded architraves, the doors of the back buildings are to have in the lower story transoms in the frames and openings on top thereof.
The roof is to be hipped on the side fronting Dumaine Street, the front gallery is to be fixed all around the front of the main buildings on Dumaine Street, similar to that on Burgundy Street. A pair of strong ledged gates shall be made of one and a quarter grooved tongued and beaded planks and hung in a strong rebated and beaded frame, four inches thick by ten inches wide, with a moulding round the front fixed to the yard fronting on Dumaine Street with a wicket door hung in one of the gates.
There shall be four windows on each story, similar to those of the other front, fixed upon the side of the corner house fronting on Dumaine Street. The principal stairs are to have moulded and returned nosings to the steps, strong mahogany turned newels at the bottom rounded mahogany rails and mahogany turned balusters. The back stairs [are] to have cypress newels and handrails and square balusters. The cornice and blocking to the front is to be prepared and fixed up agreeably to the drawings, of seasoned planks; the gallery along the fronts is to have iron beams and a neat iron railing fixed thereon, with divisions placed across the gallery between the houses. All the wood and iron work of the outside and of the inside (such as are usually painted) are to be twice painted with good oil and white lead; the front doors and parlours are to have one extra coat.
The whole of the work for the erection of the said six dwelling houses is to be completed by the said contractor and party of the second part in a good, substantial and workmanlike manner, and all the materials furnished by him for and in consideration of the sum of $41,000.00, which the said parties of the first part do hereby promise and bind themselves to pay unto the said contractor in the following manner, to wit: the sum of $5,000.00 when the foundations shall be built to the surface of the ground, a like sum of $5,000.00 when the first tier of floor beams shall have been put in, a like sum of 05,000.00 when the second tier of floor beams shall have been put in, a like sum of $5,000.00 when the roof shall have been placed and slated, a like sum of $5,000.00 when the floors shall have been laid and the steps of stairs put up, a like sum of $5,000.00 when the plastering shall have been rough coated, and finally the sum of $4,800.00 in cash and the sum of $6,200.00 in four several promissory notes to be drawn by the said parties of the first part and endorsed to the satisfaction of the said contractor payable six-months after date from the day when the said six houses shall have been finished and completed.
And the said contractor and party of the second part does hereby bind himself to finish and complete said six houses in conformity with the said three plans and in accordance with the above specifications and to deliver the same within six months from the date hereof, under the penalty of four hundred and eighty dollars per month for any time longer than the term above specified which the said contractor may require to complete said buildings.
Done and passed in my office at the City of New Orleans, on the day, month and year first before written in the presence of Theodore Guyol and Jacques Anatole Courtin, both competent witnesses who have signed in the presence of the said parties and me, Notary, after reading the whole.
And before signing it was also understood and agreed by and between the said parties hereto, that if any misunderstanding or matter of dispute should at any time arise, relating to the foregoing contract or to any alterations, additions or omissions from or to said houses, and if said disputed matters cannot be settled by the parties hereto, they are to leave the said matters to the arbitration of the disinterested persons, one to be appointed by each party, with power to appoint a third, and the award made by any two of the said compounders shall be finally binding upon the parties concerned, without liberty of appeal therefrom or of taking action at law thereon.
Witnesses:
Theo. Guyol
J. Courtin
Signed:
H'te Paloc
Ch's Dufour
James Gallier
Felix Grima, Notary Public
[Vol. 21/362]
— Notarial Act (New Orleans Notarial Archives)