0% found this document useful (0 votes)
38 views13 pages

General Conditions of Contract - Green Meadows

This Construction Agreement outlines the terms between the First Green Meadows Homeowners Association, Inc. (CLIENT) and Space & Water (CONTRACTOR) for the renovation of a pool in Quezon City. The agreement details the scope of work, responsibilities of both parties, payment terms, and conditions for completion and acceptance of the project. It also includes provisions for delays, liquidated damages, and compliance with laws and regulations during the construction process.

Uploaded by

Adrian Allanigue
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
38 views13 pages

General Conditions of Contract - Green Meadows

This Construction Agreement outlines the terms between the First Green Meadows Homeowners Association, Inc. (CLIENT) and Space & Water (CONTRACTOR) for the renovation of a pool in Quezon City. The agreement details the scope of work, responsibilities of both parties, payment terms, and conditions for completion and acceptance of the project. It also includes provisions for delays, liquidated damages, and compliance with laws and regulations during the construction process.

Uploaded by

Adrian Allanigue
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 13

CONSTRUCTION AGREEMENT

KNOW BY ALL MEN THESE PRESENTS:

This Agreement made and executed this 29 th day of August 2022 in the
City Quezon City, by and between:

First Green Meadows Homeowners Association, Inc. herein referred to as the


“CLIENT”.

-and -

Space & Water with postal address at Unit 4008 South Tower La Verti Residences,
1991 Taft Ave. Pasay City represented by Nelson Allan Yanos, duly licensed CONTRACTOR in
accordance to Philippine Laws, herein referred to as the “CONTRACTOR”.

-witnesseth-

Whereas, the CLIENT proposed to re-tile and renovate the plumbing of pool located
at Green Meadows, Quezon City herein referred to as “PROJECT”.

Whereas, the CONTRACTOR has presented and warranted itself as capable and duly
licensed to construct and complete the aforementioned PROJECT in accordance with the
plans and specifications mentioned below in Article 1 hereof:

Whereas, on the basis of the foregoing representation and warranty of the


CONTRACTOR, the CLIENT has accepted the offer of the CONTRACTOR to construct the
aforesaid PROJECT.

Now, therefore, for and in consideration of the foregoing premises and the above
covenants and undertakings therefore set forth, the parties hereto agree as follows:

ARTICLE 1 - CONTRACT
This Construction Agreement, together with the following documents and references
which are made integral parts hereof, constitute the entire contract:

A. The CLIENT shall furnish the CONTRACTOR, free of charge, three sets of Drawings
enumerated as follows and Specifications inclusive of the signed Contract.

B. Other documents necessary in the execution of the work mutually agreed upon by
the CLIENT and the CONTRACTOR and signed by both parties.

Construction Agreement
Page 1 of 13
C. The documents are intended to be complementary to each other and what is called
for by one shall be as binding as if called for by all. The intent of the drawings and
specifications is to prescribe a complete work which the Contractor has undertaken
to do in full compliance with Contract Documents.
However, in cases where any of the contents of the general specifications issued by
the Architect does not coincide or is not in congruence with the technical/material
specification of the plan, the latter shall prevail.
Items that are indicated in the general specifications, but which are under the
exclusions of the Contract Agreement shall be for the Client account.

D. The Billing Breakdown cost of all scope of works shall serve as the basis for the
computation of change order works.

E. The CLIENT shall furnish all surveys describing the physical characteristics, legal
limitations, and utility locations of the site. He shall also furnish rights-of-way for
access to the site. The CLIENT shall be responsible for the establishment of lot lines,
boundary lines, easements and benchmarks which shall be made by a certified
surveyor. The CLIENT shall pay for any damage or cost to the CONTRACTOR brought
about by errors in data furnished.
All other grade, lines, levels, and benchmarks necessary for the prosecution of the
work shall be established and maintained by the CONTRACTOR. The CONTRACTOR
shall provide and maintain well-built batter boards at all corners. He shall establish
benchmarks in not less than two widely separated places. As work progresses, the
CONTRACTOR shall establish benchmarks at each floor giving exact levels of various
floors, and shall layout the exact locations of all partitions as a guide to all trades.

ARTICLE 2: SCOPE OF WORKS


The CONTRACTOR shall conduct replacement of tiles & pool equipment of the pool
of the CLIENT, located at Green Meadows, Quezon City strictly in accordance with the plans
and specifications herewith attached and made integral parts of the contract. The
CONTRACTOR shall furnish all materials, supply labor, tools, equipment, therein and
perform all the works required therein.

Construction Agreement
Page 2 of 13
ARTICLE 3: RESPONSIBILITY OF THE CONTRACTOR
A. The CONTRACTOR shall employ sufficient number of men, competent and efficient
Engineer / Architect, Superintendents, Foreman, Laborers and Artisans. Whenever,
in the opinion of the CLIENT any employee who is deemed careless, incompetent or
obstruct the progress of the work or act and conducts himself improperly, the
Contractor shall upon written request of the CLIENT, discharge from work the said
employee and not employ him again upon it.

B. The CONTRACTOR shall coordinate and be responsible for the work of all men under
its jurisdiction including those employed by sub-contractors on the job.

C. The CONTRACTOR at his expense shall keep at the job site, full-time during the
construction, all acceptable to the CLIENT to fully correlate all items of work related
to the PROJECT, and to coordinate with the CLIENT for more efficient and better
execution of work.

D. The CONTRACTOR shall not guarantee and shall not be responsible for any works
done by others who are directly under contract with the CLIENT.

E. The CONTRACTOR shall not be responsible for the payment of any permits required
by local authorities or government agencies.

F. All other grade, lines, levels, and benchmarks necessary for the action of the work
shall be established and maintained by the CONTRACTOR. The CONTRACTOR shall
provide and maintain well-built batter boards at all corners. He shall establish
benchmarks in not less than two widely separated places.

ARTICLE 4: TIME OF COMPLETION


It is agreed that Time is an essential element of this contract and therefore the
swimming pool must be completed within Ninety (90) Days, reckoning on the date of
accomplishment of all of the following requisites: (a) receipt of the down payment by the
Contractor; (b) Client’s complete turn-over of the project site to the Contractor.

Time frame mentioned herein excludes extension that may arise on account of
requested additional works, revisions and time frame adjustments brought about by
delayed payments, delayed deliveries of Owner Furnished items and delayed decisions of
Client or consultants on matters necessitating Client approval prior to execution. The
CONTRACTOR shall charge the CLIENT the losses due to increased jobsite and office
overhead cost, idled equipment and opportunity cost in the event of delay items or delayed

Construction Agreement
Page 3 of 13
decisions of Client, architect, and management, consultant exceeding five (5) calendar days.
Art. 1721 of the Civil Code provides reasonable compensation to the Contractor in the event
of delayed items and/or decisions of Client.

EXTENSION OF TIME:

A. The Contractor shall be entitled to an equitable adjustment of Completion Time


where the Contractor is obstructed or delayed in the prosecution or completion of
the Work by
a. the act, neglect, delay or fault of the Client, or any other contractor
employed by the Client on the Work;
b. third-party strikes or lockouts or strikes by employees other than the
Contractor's employees or a lockout by an employer other than the
Contractor;
c. an act of God or force majeure;
d. unsuitable weather conditions which render the work impracticable or
impossible or which slow down the prosecution of the Work;
e. [e] peace and order conditions;
f. changes ordered or authorized by the Client or authorized under the
Contract; and
g. delay authorized by the Client pending arbitration of an unresolved dispute
between the Client and the Contractor.
h. The Contractor shall be entitled to substantiated prolongation costs only in
respect of [a], [f] and [g], and of [d] when Changes or Variations by the Client
caused the works to be executed in a period of inclement weather conditions
which is different from that envisaged at the bidding stage.

ARTICLE 5: CONTRACT PRICE


The CLIENT shall pay the CONTRACTOR for the entire performance of
the work herein, in the manner provided below, the amount of PESOS: Six Million Five
Hundred Thousand & 46/100 (PhP 6,500,000.00) in Philippine Currency. The CONTRACTOR
hereto guarantees that for the construction of the PROJECT herein the CLIENT shall not
incur any expenses beyond the said amount agreed upon except for any additional or extra
works that are required and authorized in writing by the CLIENT.

It is understood that the contract price herein agreed upon by both parties is already
the lump sum cost for the completion of the whole project; based on the scope of works,
items listed in the Bill of Quantities, plans and specifications submitted. Once the contract
has already been signed, the Client or any of his representatives shall no longer be allowed
to withdraw or take out any item included in the contract for whatever reason. Should the
CLIENT decide to delete any of the work items included in the original contract, the
Construction Agreement
Page 4 of 13
CONTACTOR shall charge the CLIENT fifteen (15%) of the cost of the item to be taken out,
thereby deducting only eighty-five (85%) of the item cost from the contract amount.

Any itemized breakdown submitted shall solely be for evaluation purposes of the
additive/deductive works which the CLIENT may decide later in the course of the execution
of this contract and shall not in any manner affect the lump sum contract cost.

ARTICLE 6: PROGRESS PAYMENTS AND REVOLVING FUND


The CLIENT shall advance to the CONTRACTOR the amount of PESOS:
One Million Nine Hundred FiftyThousand & 00/100 (PhP1,950,000.00), representing thirty
(30%) percent of the contract price, as revolving fund for the construction, same shall be
deductible from every progress payment to be made by the CLIENT to the CONTRACTOR
proportionate to the percentage of accomplishment of the PROJECT.

The CLIENT shall pay the CONTRACTOR the amount equivalent to the value of the job
accomplished during the preceding cut-off within fifteen (15) calendar days which shall
commence on the day the progress billing is received by the Works Engineer and/or
Authorized Client’s representative for evaluation.

For purposes of clarification, it is expressed herein that the first seven (7) calendar
days of the evaluation period shall be allotted for the Engineer and the Architect whose
evaluation shall not for any reason exceed the given period. The remaining eight (8) days
following the period shall be allotted to the CLIENT for the preparation of payment to the
CONTRACTOR. Being on the client’s side, any delay that shall be incurred by the Engineer
with the Architect in the evaluation of the billing shall constitute a delay on the part of the
client, hence shall be considered in the computation of the delayed payment.

Should the CLIENT incur delay in the payment of the billings, (issuance of post dated
checks included) the time frame for the completion of the work shall be automatically
extended (without further need of serving a notice or request) for a period equivalent to the
period of such delay. The said delayed payment shall likewise earn an interest of three (3%)
percent per month or a total of thirty-six (36%) percent per annum.

Should the delay cover two (2) consecutive progress billings, the CONTRACTOR shall
have the prerogative to terminate or suspend this contract upon fifteen (15) days written
notice to the CLIENT, without prejudice to the right of the CONTRACTOR to recover the
unpaid balance of the value of the work done. The CONTRACTOR then shall have the right
to claim payment for the value of work performed up to the date the Contract was
terminated with an interest of three (3%) percent per month or a total of thirty-six (36%)
percent per annum.

Construction Agreement
Page 5 of 13
ARTICLE 7: ACCEPTANCE OF FINAL PAYMENT
The project shall be deemed as 100% completed if all required items under the
Contract are installed according to plans and specification. Upon reaching such completion
status, the CONTRACTOR shall notify the Work Engineer/Architect in writing that the same is
ready for final inspection and acceptance, who upon receipt of such notice, shall promptly
make an inspection. If the 100% status, as explained in the foregoing paragraph, is verified
and established after the inspection and the same is found acceptable under the Contract,
the project then shall be subject to the issuance of a Certification of 100% Completion.
Whatever defective works that the Work Engineer/Architect might point out during the
course of the inspection and indicate to the Contractor for remedy shall be included in the
punchlist. The same shall no longer be subject to penalty or liquidated damages.

The initial punchlisting should be started immediately upon request of the Contractor.
Failure on the part of the Client or Client’s representative to conduct inspection on the
requested punchlisting within three (3) days shall render all punchlisted works as
satisfactorily done.

Should an inspection on the requested initial punchlisting is made and all items therein are
satisfactorily done, the Client or Client’s Representative shall evaluate the rectifications
made and shall be given a grace period of three (3) days to approve or disapprove said
rectifications. Their failure or further refusal to sign said punchlisting form within the given
period shall nevertheless mean an acceptance of the rectified works. Any further
punchlisting after the initial one shall be considered as backjob.

ARTICLE 8: LIQUIDATED DAMAGES


In the event the CONTRACTOR refuses or fails to satisfactorily complete the PROJECT
or any portion thereof within the time prescribed, including any extension allowed, the
CONTRACTOR shall indemnify the CLIENT by way of liquidated damages for each calendar
day of delay (including Sundays and holidays) until the PROJECT is completed or taken over
by the CLIENT, the CONTRACTOR shall pay the CLIENT 1/10 of 1% of the remaining balance
works. Provided however that the above Liquidated Damages shall not exceed the total
maximum amount of Five Hundred Thousand Pesos (PhP500,000) up to the completion of
the contract.

ARTICLE 9: LAWS & REGULATIONS AND SITE CONDITIONS


A. LAWS AND REGULATIONS: In general, the CONTRACTOR shall comply with all Laws in
so far as they are binding upon or affect the parties thereto, or the Work. He shall
also comply with regulations of firms furnishing utilities such as water, gas,
telephone and electricity for the project. If the CONTRACTOR performs any work

Construction Agreement
Page 6 of 13
contrary to such Laws or utilities' regulations, he shall bear all additional costs arising
therefrom.

B. SITE CONDITIONS: Before the bidding and the awarding of the Contract, the
CONTRACTOR is expected to have visited the project site and made his own estimate
of the facilities required in and difficulties attending the execution of the Work, on
account of local conditions and all other contingencies.

ARTICLE 10: EQUIPMENT AND MATERIALS


All materials and equipment must conform to all Laws now or which may be
enforced and applicable during the period of construction. The CONTRACTOR shall bear all
damages by reason of any delay in the Work arising from his failure to comply with this
provision. Where any revision or amendment to such Laws is made during the construction
period which affects the cost or time of completion of the Contract, a constructive change in
the Work shall be recognized and a corresponding Contract Price and Completion Time
adjustment shall be made.

A. QUALITY OF EQUIPMENT: In order to establish standards of quality, the Client, in the


detailed Specifications may have referred to certain equipment by name and catalog
number. This procedure is not to be construed as eliminating from competition other
products of equal or better quality by other manufacturers where they are fully
suitable in design.

B. EQUIPMENT SUBSTITUTION: The Contractor shall furnish the complete list of


proposed substitutions preferably prior to the signing of the Contract together with
such engineering and catalog data as the Client may require. All requests for
substitution of equipment shall be in writing. The Client will approve or disapprove
the request in writing. No substitute equipment shall be used unless approved in
writing by the Client. The Contractor shall abide by the Client’s judgment as to which
proposed substitute items of equipment are judged to be acceptable.

C. MATERIALS, FIXTURES, APPLIANCES, AND FITTINGS FURNISHED BY THE


CONTRACTOR

SAMPLES OF MATERIALS: The Contractor shall furnish for approval samples as


specified or required. The work shall be in accordance with approved samples.
a. Unless otherwise specified, three samples shall be submitted, of adequate
size to show quality, type, color, range, finish, and texture of material.
b. Each sample shall be labelled, bearing the material’s name and quality, the
Contractor’s name, date, project name, and other pertinent data.

Construction Agreement
Page 7 of 13
c. Where the Specifications require the manufacturer’s printed installation
directions, such directions shall accompany the samples submitted for
approval.
d. A letter of transmittal in triplicate from the Contractor requesting approval
shall accompany all sets of samples.
e. Materials requiring prior approval of the Client shall not be ordered until such
approval in writing is given by the Client. All materials shall be furnished
substantially equal in every respect as the approved samples.

TRADE NAME MATERIALS AND SUBSTITUTES:


a. Whenever an item or class of materials is specified exclusively by trade name,
by manufacturer’s name or by catalog reference, only such item shall be used
except as provided in paragraph (b) hereof.
b. No substitution shall be made of any material, article, or process required
under the Contract unless the substitution is approved in writing by the
Client.
c. The Contractor shall be responsible for materials and articles installed or
used without such approval.
d. Samples of materials for use, in reinforced concrete work such as steel bars,
cement, and aggregates and their certificates of origin shall be approved by
the Client.

QUALITY OF MATERIALS: Unless otherwise specified, all materials shall be new and
their quality shall be of the best grade of their respective kinds taking into account
the nature of the project and requirements of the Contract

STORAGE AND STOCKPILING OF MATERIALS:


a. The Client shall provide the Contractor, at or near the project site, sufficient
space for the Contractor’s and Sub-contractors’ use for storage of their
materials and for erection of their sheds and tool houses.
b. All cement, lime, and other materials affected by moisture shall be stored on
platforms and protected from the weather. The materials shall be so stored
as to ensure the preservation of their quality and fitness for the work. Stored
materials shall be so located so as to facilitate prompt inspection.
c. Should it be necessary at any time to move materials, sheds, or storage
platforms, the Contractor shall do so at this own expense.

DEFECTIVE MATERIALS: All materials not conforming to the Specifications shall be


considered defective. The Contractor shall remove or replace defective materials
when ordered to do so by the Client. Upon the Contractor’s failure to do so, the

Construction Agreement
Page 8 of 13
Client may remove and replace them and deduct the cost of removal and
replacement from any money due or to become due the Contractor. No materials,
the defects of which have been subsequently corrected shall be used until the
Client’s approval is given. Should the Specifications, Drawings, Special Provisions and
Supplementary Specifications fail to provide any detail or description concerning the
nature and quality of the Work to be performed it should be understood that
generally accepted construction practice shall be followed.

IMPORTED MATERIALS, FIXTURES AND EQUIPMENT: The Contractor, taking into


consideration the Completion Time, shall make timely arrangements for the
purchase and delivery of all specified imported materials, fixtures, appliances and
equipment in order to avoid delay in the completion of the Work. No extension of
time shall be allowed if, due to negligence or inadvertence of the Contractor, such
imported items arrive late.

CLIENT’S APPROVAL: Unless specified to the contrary or unless the Contractor’s


submission is deficient, equipment, samples or materials submissions shall be acted
upon by the Client within seven (7) working days of submission by the Contractor.

ARTICLE 11: WORK CONDITIONS


A. METHODS AND APPLIANCES: The Contractor shall use such methods and appliances for the
performance of the Work as will ensure the completion of the Work of the required quality
within the Completion Time. If, at any time before the commencement or during the
progress of the Work, such methods or appliances appear to the Client to be inefficient or
inappropriate for producing the quality of work required, or insuring the required rate of
progress, the Client may order the Contractor to increase the rate of their efficiency, or to
improve their system of operation. The Contractor must comply with such order. Failure,
however, of the Client to demand such increase of efficiency or improvement of the
character or methods of work or of the appliances shall not relieve the Contractor from his
obligation to turn out such quality of work and rate of progress as are called for in the
Contract.

B. DEFECTIVE WORK: Work that fails to comply with the Contract is defective. Defective work
shall be condemned by the Client upon discovery, and when such work has been
condemned it shall be immediately removed by the Contractor and replaced in accordance
with the Drawings and Specifications.

C. INSPECTION OF WORK
a. The Client shall have access, at all times, to the Work. The Client shall provide a
sufficient number of inspectors while Work is in progress to ensure its timely
inspection.

Construction Agreement
Page 9 of 13
b. The Contractor shall furnish without additional charge all reasonable facilities, labor
and materials necessary for the convenient inspection and tests that may be
required by the inspectors.
c. The Client shall provide inspectors authorized to witness the pouring of concrete
and the absence of the Client 's inspectors at any time during the progress of the
work shall be an implicit approval of the quality of the cement mix and the authority
to pour it.
d. If the Specifications, the Client 's instructions, the Laws, or any public authority
requires any work to be specifically tested or approved, the Contractor shall give
timely notice to the Client and other parties required to make or be present at the
inspection of the date and time of such inspection. Inspection by the Client shall be
made, where practicable, at the source of supply.
e. If any work should be covered up without timely notice to the Client, or before the
Client can make a timely inspection thereof, it must, if required by the Client, be
uncovered for examination at the Contractor's expense. However, notwithstanding
the failure of the Client to make a timely inspection of the work before it is covered,
its re-examination may be ordered by the Client and if so ordered, the work must be
uncovered by the Contractor at the Client's expense but if such work be found not
in accordance with the Contract, the Contractor shall shoulder the cost of
uncovering and re-doing the work.
f. If there are indications that the work done is not in accordance with the Drawings
and Specifications, the Client may at any time before final acceptance of the Work
make an examination of the portion already completed by removing or tearing out
the same. The Contractor shall, on request, furnish all necessary facilities, labor, and
materials. If such work is found to be defective in any material respect due to fault
of the Contractor or his sub-contractors, the Contractor shall defray all the costs of
such examination and of satisfactory reconstruction. If, however, such work is found
to meet the requirements of the Contract, the actual cost of labor and materials
necessarily involved in the examination and replacement plus 15 percent (15%),
shall be allowed the Contractor and he shall, in addition, if completion of the work
has 24 been delayed thereby, be granted a suitable extension of time on account of
the additional work involved.
g. All inspection and tests shall be performed as not to delay the work unnecessarily.

D. INCREASED OR DECREASED QUANTITIES OF WORK: Adjustments in working drawings to suit


field conditions which cannot be foreseen at the time of calling for bids, may be necessary
during construction. It is the essence of the Contract to recognize such changes in Drawings
as normal. The resulting change in quantities or the increase in the scope of work of the
Contractor shall be covered by a Change Order. Work done by the Contractor without timely
notice to the Client that an adjustment is required of Contract Price and Completion Time
shall be at his own risk and expense.

Construction Agreement
Page 10 of 13
E. CHANGES IN THE WORK:

a. CHANGES ORDERED BY CLIENT: The Client may at any time order extra work or
make changes by altering, adding to or deducting from his scope of work and within
the general scope thereof; provided however that the resulting overruns or
underruns from the quantities or costs in the Bid do not exceed twenty-five percent
(25%). Such changes shall be ordered by the Client in writing. The issuance by the
Client of the revised Drawings or Supplemental Specifications changing the nature
or work to be performed or of the materials, equipment, appliances or fixtures to be
provided shall be treated as sufficient written instruction of the Client to the
Contractor to execute the change.
b. ADJUSTMENT OF CONTRACT: The Work shall be executed under the conditions of
the Contract. If changes under paragraphs A and B shall cause an increase or
decrease in the amount due under the Contract, or in the time required for or
manner of its performance, an equitable adjustment shall be made and the Contract
modified accordingly. In case where the Client initiates a deductive change order for
the purpose of transferring certain work items or part of the scope of work to
another party or for the Client to supply certain construction materials, then the
Contractor shall be entitled to 15% of the amount deducted in the change order to
recover his overhead and profit.
c. VALUE OF EXTRA WORK: The value of any extra work or change shall be determined
by the Client in any one or more of the following ways: (a) By a lump sum
acceptable to the Contractor. (b) By unit prices either stipulated in the Contract or
subsequently agreed upon, provided the aggregate value of changes does not
exceed 25% of the original Contract Price of the particular pay item. (c) By actual
direct cost plus value added tax, if any, plus fifteen percent (15%) for Contractor's
profit and overhead. Changes required by the Client which in the aggregate exceed
twentyfive percent (25%) for overruns shall be covered by a supplemental contract.
The Contractor shall not be obliged to execute such changes in accordance with the
unit rate specified in his Bid, a supplementary contract being treated as one
separate from and independent of the Contract. Where the aggregate value of all
changes per pay item exceed twentyfive percent (25%) and the Contractor, without
demanding the execution of a supplemental contract executes the additional work
required with objection or protest, the value of the changes shall be determined in
accordance with subparagraph (b) above. 26 Under case (c) above, the Contractor
shall keep and present, in such form as the Client may direct, a correct account of
the direct cost together with vouchers and other supporting documents.

F. CLAIMS FOR EXTRA COST: If the Contractor claims that any instructions by the Client or the
Drawings or Specifications issued after submission of the Bid, involve a change, he shall give
the Client written notice thereof within fifteen (15) days after the receipt of such
instruction, Drawings or Specifications, as much as possible, before proceeding to execute
Construction Agreement
Page 11 of 13
the work, except in emergency endangering life or property provided for in Article 18.01. In
like manner, if the Contractor incurs a delay in the mobilization and/or in the progress of his
work for reasons attributable to the Client, such as but not limited to Client -supplied
materials not arriving on time, movements or work executed by the Client which interfere
with the progress of the Contractor's work, delayed decisions by the Client and other
matters related thereto, he shall give the Client written notice thereof within fifteen (15)
days after recognition of such delay. The amount due to the Contractor under this article
shall be paid by the Client in the same manner as any other sum to which the Contractor
may be entitled under the Contract.

ARTICLE 12: ADDITIONAL CONDITIONS


In addition, it is further agreed that:

A. At the completion of the project, the CONTRACTOR shall submit to the CLIENT an affidavit,
stating that he has complied with all the provisions of the Labor Laws and the SSS laws, and
other laws applicable to this project, rules and regulations.

B. It is understood that all materials used for temporary facilities during the construction of the
project are part of the CONTRACTOR’S property and shall remain as the CONTRACTOR’S
property after the construction. Also, the CONTRACTOR has the right to pull-out all of these
materials after completion of the project.

ARTICLE 13: GUARANTEE AFTER COMPLETION


The CONTRACTOR guarantees all work after completion of the project until
one (1) year from the date of final acceptance. All defects found within said guaranteed
date shall be replaced and make good by the CONTRACTOR at his own expense. However,
defects caused by wear and tear, intentional or accidental breakage shall not be included in
this guarantee.

In WITNESS WHEREOF, the parties hereto have executed CONTRACT, the day and
year first above written.

BY: BY:

_________________________________ __________________________________

Signed in the Presence of:

_________________________________ __________________________________

_________________________________ __________________________________
Construction Agreement
Page 12 of 13
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF ___________________ ) S.S.

Before me, a Notary Public in and for the City of ________________ personally
appeared this ____ day of _________, 2022,

Name Gov’t ID Date & Place of Issue

______________________ ______________________ ______________________

______________________ ______________________ ______________________

known to me and to me known to be the same persons who executed the foregoing
Agreement and they both acknowledged before me that the same is their free and
voluntary act and deed.

This instrument consisting of 13 pages including this page on which this


acknowledgment is written, has been signed by the parties and witnesses on each and every
page.

WITNESS MY HAND AND SEAL at the place and on the date above written.

Doc. No. __________


Page No. __________
Book No. __________
Series of 2022.

Construction Agreement
Page 13 of 13

You might also like