SERVICE CONTRACT FOR CONSTRUCTION WORK
Among the undersigned, to wit (name of the Contractor), of legal age and resident of (e.g., Medellín,
Antioquia), with Citizenship ID No. ___________ of _________ in the capacity of
legal representative of the company BUCK SERVICES SAS with NIT. 900.855.820-7 who in
forward and for all purposes shall be referred to as THE CONTRACTING PARTY, and on the other hand the
Mrs. ANDREA ROJAS GUTIERREZ, of legal age and resident of Neiva-Huila, with ID
of Citizenship No. 1,075,276,671 of Neiva, hereinafter referred to as THE
CONTRACTOR, it has been agreed to enter into this contract, which will be governed by the
following clauses:
FIRST - Object of the Contract: THE CONTRACTOR agrees with THE
CONTRACTOR to develop the following work under the best conditions, which is
discriminate in the document, execute the remodeling works, construction finishes,
maintenance and hydro-sanitary installations and electrical networks, at the address located at
address 42nd street No. 6A-66 Las Granjas neighborhood and inspection, maintenance of pipeline
NPC tools, construction of containment dikes in the Platanillo field located in the
Department of Putumayo. THE CONTRACTING PARTY in its own name reserves the right to
to demand the correction of any part of the work that is not in accordance with the
contract specifications o required security. SECOND, - LA
The contractor will carry out the construction works in accordance with the established schedule.
by the contractor.
THIRD, - THE CONTRACTOR must verify all specifications and measurements
necessary for the development of the works and will be responsible for any error during the
execution of the contract. FOURTH, -the payment of salaries, social benefits and
compensations for the personnel that the CONTRACTOR employs on the work will be the exclusive responsibility
of this. FIFTH, - before starting the work, the CONTRACTOR will register all its personnel with a
EPS Health Promotion Entity with its respective occupational risks. SIXTH, -Position
that the CONTRACTOR has complete technical autonomy in its activities and commits to
to carry them out by their own means and under their responsibility, this contract is not of a character
labor, therefore, does not generate social benefits in your favor. SEVENTH, - the
The contractor will be responsible for the damages caused by him or his dependents to third parties.
EIGHTH, -when serious and unforeseeable disruptions of economic normality arise that
If the balance of this contract is broken, the parties may modify it by mutual agreement.
NOVENA, - the CONTRACTING PARTY may terminate the contract for the following reasons:
a) death or bankruptcy of the contractor, or dissolution if it is a company. b) non-compliance of
the contractor in any of its obligations. TENTH, - any extension of the deadline
execution of the work or duration of the guarantees, when such extension is due to
Any fault or disposition of the CONTRACTING PARTY must be authorized by it in writing.
ADDITIONAL CLAUSES - FIRST, - THE TOTAL VALUE OF THE CONTRACT: The price
the contracted value is the amount of THIRTY-TWO MILLION FIVE HUNDRED THOUSAND
CURRENT CURRENCY PESOS ($32,000,000.00), SECOND, - METHOD OF PAYMENT: The payment
the contractor will be carried out by: a) the net hour that includes all contracted work and
stipulated in the document Detailed scope of the work and includes all taxes that
legally can charge him CONTRACTOR.THE THE CONTRACTING PARTY will pay aEL
CONTRACTOR the previously agreed price, as follows:
a) Ten percent (10%) as an advance upon the signing of this contract,
b) Thirty-five percent (35%) when the work is at a progress of
fifty percent (50%)
c) Thirty-five percent (35%) upon the physical completion of all works and
d) Twenty percent (20%) one week after having completed all the
jobs, to be delivered to the complete and total satisfaction of THE CLIENT and to present
signed the delivery record.
FOURTH - Bonus: THE CONTRACTOR will receive as a bonus the sum
corresponding to five percent 5% of the value stipulated in Clause Three, always and
when all and each of the following conditions are met:
a). No damage is caused to the movable property of THE CONTRACTING PARTY.
b). The proper custody and protection with the correct storage of all is carried out.
materials and supplies for the work.
c). No waste is generated, except for the normal waste of a specific work.
hired.
d). No type of accident occurs involving the workers hired to work in the
work.
e). Workers with any level of alcohol intoxication or with signs of it are not allowed to work.
illegal drug use.
f). Compliance with the delivery dates stipulated in the Detailed Scope document.
work.
The payment of the bonus will be made two weeks after the Delivery Act is signed.
total satisfaction of the CONTRACTING PARTY and the compliance of each will be recorded in this Act.
one of the points that generated the right to the bonus for THE CONTRACTOR.
FIFTH - Non-compliance: It will be grounds for classification of non-compliance:
On behalf of THE CONTRACTING PARTY:
a). He did not pay under the conditions stipulated in this contract to THE CONTRACTOR.
b). The non-delivery of the materials and equipment to which it commits with EL
CONTRACTOR, for him to carry out his work.
On the part of THE CONTRACTOR:
a). The late delivery of the contracted work.
b). The non-payment of salaries and benefits to contracted staff.
c). The loss of any material or supply for the work, which prevents them from continuing their
work within the stipulated time.
d) Allowing any worker to work under the influence of alcohol or any illegal drug.
e).Allow the work of minors.
f). Allow the work of your employees without having valid safety affiliations.
g). Use low-quality, second-hand, defective, or different materials than those
supplied by THE CONTRACTING PARTY.
h). Deliver tasks without the proper completion.
i). Deliver work of medium or low quality.
j). Perform work different from the contracted.
SIXTH - Penalty clause: The breach of any of the clauses of this contract,
will grant the affected party the right to collect from the defaulting party the equivalent value
at twenty percent (20%) of the contract value, which may be collected by executive merit or
discounting from some of the outstanding balances.
In the event that the breach is due to the delivery of the work on a date later than the
awakened, THE CONTRACTOR shall recognize to THE CONTRACTING PARTY the sum equivalent to one
one percent (1%) for each day of delay and up to a maximum of twenty percent (20%), total
the CONTRACTING party is authorized to deduct from any of the balances.
The above, without the affected party waiving the right to demonstrate the damages caused by reason of
some of the breaches and requested acknowledgment of the damages.
SEVENTH - Guarantee of the Work: THE CONTRACTOR guarantees the Stability of the Works
during the next twelve months, time in which adjustments, repairs will be made,
repairs, touch-ups, adjustments, finishing, and other necessary tasks to complete the work.
in good condition and THE CONTRACTING PARTY receives these arrangements to complete satisfaction. The costs
of these tasks, as well as the required materials and supplies, the contracted personnel, the
tools, equipment, and necessary infrastructure will be the responsibility of THE CONTRACTOR.
EIGHTH - Early Termination: This contract may be terminated by either party.
legal causes or by mutual written agreement between the parties and especially by the
following causes:
a). For breach of the obligations contracted by either party.
b). Due to the financial incapacity of THE CONTRACTOR, which is presumed to exist when
is declared bankrupt. In this case, THE CONTRACTOR is not exempt from responding for the
legal actions to take place, for the payment of salaries and social benefits of the staff
hired, for the payment of all concepts to be settled with LA
CONTRACTOR and for possible actions arising from non-compliance for not completing the work.
c). For deficiencies in the execution of the work. The early termination of the present
Contract on the part of THE CONTRACTING PARTY, with support in the previous clauses would not generate
no compensation whatsoever, except for the payment of the work completed up to the date of termination.
NOVENA - Delivery record: On the day the work is completed to full satisfaction
An acceptance report will be drawn up signed by THE CONTRACTOR and by THE CONTRACTING PARTY.
TENTH - Arbitration Clause: If any difference arises between THE CONTRACTOR and
THE CONTRACTOR for the interpretation of this contract, its execution, breach,
termination or future consequences, which cannot be resolved amicably, will be
subject to the decision of arbitrators in accordance with the provisions of decree 2,279 of 1989 and the
Law 23 of 1991. The arbitrators will be appointed by the Chamber of Commerce of Bogotá.
They must be Colombian citizens exercising their civil rights. The referees will take
his decisions in law. The value of costs and penalties will be paid by the losing party.
ELEVENTH - Reforms to the Contract and Assignment: Any addition or modification to
this contract must be made in writing, signed by THE CONTRACTOR and THE
CONTRACTING PARTY, a requirement without which it will produce no effect. The addition or modification will
will be added to the original contract and will become an integral part of it. THE CONTRACTOR cannot
subcontract partially or totally the execution of the work to which this contract refers without
prior express authorization of THE CONTRACTOR.
TWELFTH - Personnel security: THE CONTRACTOR is responsible for
the industrial safety of its personnel, linking all workers according to the legal framework
in force in the country, to the EPS, AFP, and ARL, and following the appropriate regulations for this type of
jobs, in addition to those requested by THE CONTRACTOR.
THIRTEENTH - Liability for Damages: THE CONTRACTOR will be liable for the
damages that he or his dependents cause to the work or to third parties, for which
The CONTRACTING PARTY may deduct from the payments the amounts required for this purpose.
FOURTEENTH - Character of the Contract: Since THE CONTRACTOR has full
technical and managerial autonomy in the project and commits to carrying out the work with its
own means and under their responsibility, this contract is not of a labor nature and therefore
Thus, it does not generate social benefits in your favor.
FIFTEENTH - Labor Independence: This contract does not create dependency.
labor relations between THE CONTRACTOR and THE CLIENT, a situation that exempts THE
CLIENT from any present and future liability regarding payment of
salaries, benefits, severance pay, and others that arise from the employment relationship between THE
CONTRACTOR and the staff that he hires to carry out all the works, including the
supervision of materials and the work.
In the event of any labor-related claims, THE CONTRACTOR will respond to
sanitation and will be responsible for the entire claim.
SIXTEENTH - Responsibility for Equipment and Materials on the Site: THE
The CONTRACTOR is not responsible for the equipment and materials that THE CONTRACTOR has.
work; therefore, THE CONTRACTOR must have custody and surveillance measures,
safety and proper storage.
SEVENTEENTH – Legalization expenses: The expenses that may be incurred in the
The development of this contract, including taxes, will be fully assumed.
by THE CONTRACTOR.
In acknowledgment of knowing the entirety of the content of this contract and as a record
of such knowledge, it is signed in two originals in the city of ______, on the __ days of the month
of _______________ of ____.
THE CONTRACTOR THE CONTRACTING PARTY
(Contractor's name) (Name of the Contractor)
(ID number) (ID number)
Home phone (Home phone)
Cell phone number (Cell phone number)
(House address) (House address)
City (City)