CONTRACT OF CONSTRUCTION AGREEMENT

By

Ms. Norina D. Egay & Engr. Mark Angelo G. Neri

In the

CONSTRUCTION OF STAIRS & BALCONY OF HOUSE

Located at

112 SAN FRANCISCO ST., SAN IGNACIO, BUTUAN CITY

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General:
This Agreement is made and entered into as of the date of last signature of this
Agreement.

Parties:
Engr. Mark Angelo G. Neri of legal age, a professional civil engineer whose address
located at Blk 13 L5 P-14 Doongan, Butuan City 8600, hereto referred as the
“Contractor”
And
Ms. Norina D. Egay of legal age, whose address located at 112 San Francisco St., San
Ignacio, Butuan City, Agusan del Norte, hereto referred as the “Owner”.

Purpose:
The purpose of this Agreement is to set forth the terms and conditions of the agreement
between the Contractor & the Owner in the construction of their proposed Stairs &
Balcony of house.
The Contractor carries on a business which supplies the services of personnel with
expertise in providing the services as identified.
The Owner wishes to engage the Contractor to provide the services of personnel who
have expertise in providing the Services.
The Contractor agrees to provide the services of the to the Owner in accordance with
this Agreement.

1.0 The Contractors Obligation

1.1 The Contractor will complete the tasks specified by final quote Annex 1.
1.2 The Contactor and the Owner acknowledges that prior to entering into this
Agreement, they have reviewed the terms and conditions of the Agreement and
that they have had sufficient time to make a decision as to the fairness of the
Agreement before executing this Agreement
1.3 The Contractor will ensure that the Services are performed at a workman-like
manner at all times and that the Contractor possesses all skills and qualifications
appropriate for the provision of the Services.

2.0 Scope of Work

2.1 Hire manpower & purchase materials necessary for the construction of the project
2.2 Assist in the processing of necessary building permits needed for the construction
2.3 Submit the names of workers, suppliers & professionals qualified for the
construction.
2.4 Construct the project within the final price of quote.

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3.0 Relationship Between the Parties

3.1 The Contractor provides the Services as an independent Contractor on an on hire

basis. The Contractor is not the Owners employee, partner, legal representative,
agent, joint venture or franchisee. Both parties have no right or authority to bind
each other, assume or create any obligations for or on behalf of each party, or make
any representations or warranties.
3.2 The Contractor is not entitled to any benefit from the Owner usually attributable to
an employee, as no employment relationship exists between Owner and the
Contractor.
3.3 The Owner understands that any actions done by the Contractor is with consent,
and will not be done so without prior approval of the owner.

4.0 Rate and Payment

4.1 Contractor
4.1.1 The contract price of the project shall be a total of 260,085.00 Php for the
construction of the Stairs & Balcony
4.1.2 If ever a change is made by the owner after the Contractor already built
the scope of work, an additional 15% of payment shall be incurred due to
loss of time.
4.1.3 Any additional works shall be quoted first before any construction
progress will be made.
4.1.4 Terms of Payment: see Annex 2

5.0 Insurances
Before providing the service, the Owner shall take out and maintain until the completion of
contract all the necessary insurances for workers, construction bond, etc.

6.0 Safety and Health

The Contractor shall at all times enforce safety precautions upon the construction of the
project as prescribed by COSH (Construction Occupational Safety & Health).

7.0 Confidentiality and Ownership of Confidential Information

7.1 The Contractor shall at all-time maintain the confidential and propriety information
of the Owner and will not use or disclose to any person or entity.
7.2 The Contractor must take all reasonable precautions to prevent any unauthorized
disclosure of Confidential Information and unauthorized use of any proprietary
information.

8.0 Change Orders

The Owner have the right to change any design of the building with approval of the
Contractor and with the prescribed quote.

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9.0 Intellectual Property

9.1 All Intellectual Property created or conceived by the Contractor during the
operation of this Agreement will vest in the Owner and the Contractor assigns such
Intellectual Property to the Client.
9.2 The Client shall have the sole right to use and exploit all such Intellectual Property
without the Contractors involvement or additional compensation to the Contractor.

10.0 Ending This Agreement

10.1 The Contractor and Owner may end the Agreement by giving each other written
notice. Should one of the Parties decide to terminate the Agreement reasons will be
given for terminating the Agreement and in this regard a Lawyer’s reason shall be
final and no other communication shall be entered into between Client and the
Contractor.
10.2 The Contractor and Owner may terminate this Agreement with written notice if:

10.2.1 The Contractor fails to perform the Services to the reasonable

satisfaction of the Owner

10.2.2 The Contractor to rectify any breach of this Agreement or default in

performance of the Builders obligations under this agreement within
seven (7) days of Owner giving the Builder written notice of that breach
or default

10.2.3 The Contractor is guilty of misconduct in the conduct of the Services

without due diligence and skill in the performance of the Services;

10.2.4 The Contractor fails to provide the declaration sought by owner in

relation to their employees, contractors or agents engaged by the Owner
pursuant to this Agreement

10.2.5 The Client becomes insolvent or notifies Contractor that is unable to

meet its financial obligations
10.3 If this Agreement is terminated:

Owner does not have liability to the Contractor for any loss (including loss of
profits and economic or consequential loss), costs, damages, compensation or
any other amount in respect of that termination and in this regard the
Contractor releases and forever abandons any claims against TRC it may have
11.0 Disputes
Should any dispute arise out of this Agreement, the parties agree that they will first
attempt to deal with that dispute at the workplace level. If that dispute is not resolved
within seven (7) days of either party notifying the other party that the dispute has
arisen, it will be referred to arbitration at the cost of the party who raised the dispute.

12.0 Interpretation
This agreement shall be interpreted and construed in accordance with the provisions of
the New Civil Code on Interpretation of Contracts (Art. 1370 to 1379)

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13.0 Arbitration

The Construction Industry Arbitration Commission (CIAC) shall have the exclusive
jurisdiction over any dispute arise before or after the completion of the contract, of
after the abandonment or breach thereof

Engr. Mark Angelo G. Neri Ms. Norina D. Egay

Contractor Owner

_______________________ ___________________
Witness Witness

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