Definitions CONTRACT DOCUMENTS: The Contract Consists of The Following Documents, Including

PROPOSED RESIDENTIAL PROJECT
MR. & MRS ALESSANDRO JOSE GONZALEZ ANNEX A

Lot 27, Block 55 Venare, Nuvali, Canlubang, Calamba City, Laguna GENERERAL CONDITIONS
1. DEFINITIONS
1.1. CONTRACT DOCUMENTS: The Contract consists of the following documents, including
all additions, deletions and modifications incorporated therein before the execution of the
contract:
The General Conditions are issued by L.A. POCO ARCHITECTS & ASSOCIATES as
“Annex A” to the Architectural Specifications. It is not meant to supersede provisions of
Architectural Specifications but are issued to Supplement/ Define local conditions.
Also issued together with the General Conditions are the Soil Investigation result from
Geotesting Integrational, dated June 7, 2013.
1.2. The term “Owner” as used in this specification means MR. & MRS. WINSTON L.
KAWSEK.
1.3. The Term “General Contractor” means the company whose proposal has been accepted
and to whom the contract Architectural / Structural Works is awarded. The Term “Interior
Fit-out Contractor” means the company whose proposal have been accepted and to
whom the interior finishing works contract is awarded.
1.4. The term “Architect” means L.A. POCO ARCHITECTS & ASSOCIATES, headed by Arch.
Leonardo A. Poco the designer, planner and the consultant of the owner or their
representative duly authorized in writing to act for the Architect.
1.5. The Term “Structural Engineer” means ENGR. BERNARD C. CABEBE STRUCTURAL
ENGINEER.
1.6. The term “Sub-contractor” shall mean anyone having a direct contract with the Contractor
who acts for or in behalf of the Contractor in executing any part of the Contract.
1.7. The term “Project / Construction Manager” means the full-time construction manager /
inspector hired by the Owner duly authorized in writing to assist in the project /
construction management and supervision of the project.
1.8. The term “Completion of Contract” shall mean full performance by the contractor of the
contract’s obligations under the contract and all amendments and revisions thereof
except the contractor’s obligations in respect of (1) release of liens and certificates of
contractor, (2) other final documents. The term “Completion“ or “Completion of the
Project” shall mean the contract and all amendments and revisions thereof. The
Certificate of Completion signed and approved in writing by the Owner shall be the sole
and conclusive as to the date of completion.
1.9. The term ”Default” used herein shall include any such failure by the Contractor to make
progress in the prosecution of works so as to endanger the completion of the project
within the calendar days allotted.
1.10. Wherever in the specifications or upon the drawings the words “directed”, “required”,
“ordered”, “designated”, “prescribed”, or works of like import are used, it shall be
understood that the “direction”, ”requirement”, “order”, “designation”, or “prescription” of
the Owner is intended and similarly the words “approved”, “acceptable to”, or “satisfactory
to”, the Owner unless otherwise expressly stated.
1.11. Where “as shown”, as indicated”, “as detailed”, or words of similar import are used, it
shall be understood that the reference is made to the drawings accompanying this
contract unless stated otherwise. The word ”provided” complete in place, that is
“furnished and installed”.
2. EXECUTION, CORRELATION AND INTENT OF DOCUMENTS
2.1. INTENT OF CONTRACT DOCUMENTS: The intent of the drawings and the
specifications is to prescribe a complete work, which the Contractor undertakes to do full
compliance with the Contract Documents. The Contractor shall perform all items or work
covered and stipulated on the drawings and specifications and to do such special
additional, extra and incidental work as may be considered necessary. He shall furnish
unless otherwise provided in the specifications, or in special provisions, or in the contract,
all appliances, equipment, false work, forces, labor, machinery, materials, tools, supplies,
ARCHITECTURAL SPECIFICATIONS
L.A. POCO ARCHITECTS & ASSOCIATES Page 1 of 27
transportation and incidental necessary to prosecute the work to completion and

approved changes thereto.
2.2. SPECIFICATIONS AND DRAWINGS
2.2.1. In case of discrepancy, either in figures, in the drawings, or in the specifications,

the matter shall be promptly brought to the attention of the Architect in writing.
Any adjustment by the Contractor without the approval of the Architect shall be at
his own risk and expense.
2.2.2. Omissions from the drawings or specifications or the mis-description of details of

work which are manifestly to carry the intent of the drawings and specifications or
which are customarily performed, shall not relieve the contractor from performing
such omitted or mis-described details or work but they shall be performed as if
fully and correctly set forth and described in the drawings and specifications.
2.2.3. Deviations from the drawings and dimensions therein given, whether or not an
error is believed to exist are made only after written authority obtained from the
Architect.
3. DIFFERING SITE CONDITIONS
3.1. The Contractor shall promptly and before such conditions as described, notify the
Architect in writing of; (1) Subsurface conditions at the site differing materially from those
indicated in this contract, or
(2) Unknown physical condition at the site, of an unusual nature, differing materially from
that ordinarily encountered and generally recognized as in work of the character provided
in this contract. The Architect shall promptly investigate the conditions, and if he finds that
such conditions to materially so differ and cause an increase or decrease in the
Contractor’s cost of or at the time required for performance of any part of the work under
this contract, whether adjustment shall be made and the contract modified in writing
accordingly.
3.2. No claim of the Contract under this clause shall be allowed unless the Contractor has
given the notice required: No claim by the Contractor for an equitable adjustment in
contract amount shall be allowed if asserted after final payment under this contract.
3.3. The Contractor assumes responsibility for having taken steps reasonably necessary to
ascertain the nature and location of the work and the General Conditions, which can
affect the work or the cost thereto. Any failure of the Contractor to do so will not relieve
him from responsibility for successfully performing the work without additional expenses
to the Owner.
4. CHANGES
4.1. CHANGES MAY BE MADE AT ANYTIME without notice to the sureties and without
invalidating the contract, by the Architect, the Contractor or the Owner / or the project
manager / construction manager upon approval by the Owner of the work within the
general scope of the contract including but limited to the following changes:
4.1.1. In the specification (including drawings and design).

4.1.2. In the method or manner or performance of work.
4.1.3. In the Owner furnished facilities, equipment and materials.
4.1.4. Directing acceleration in the performance of work.
4.2. Except in cases of emergency, no change involving change in Contract Cost may be
executed without an approved request, duly authorized by the Owner.
4.3. CHANGES IN SPECIFICATIONS AND DRAWINGS: The Owner may, from time to time,
during the progress of the construction of the project make such changes in, additions to,
or subtractions from the specifications and construction drawings as conditions may
warrant: Provided, however, that if the cost to the contractor shall be materially increased
by any such change or addition, the Owner shall pay the contractor for the reasonable
cost thereof in accordance with a construction contract amendment and signed by the
Owner and the Contractor, but no claim for additional compensation for any such change
or addition will be considered unless the Contractor shall have made a written request
thereof for the Owner prior to the commencement of work in connection with such change
or addition. The Owner shall make written notification to the Architect prior to any change
in specifications and drawings.
4.4. PRICE ADJUSTMENT: An equitable adjustment in the Contract Price for the changes,
which shall be estimated and agreed upon by the Contractor and the owner and a
corresponding adjustment in Contract Amount, shall be made. No claim by the Contractor
for equitable adjustment shall be allowed if asserted after the final payment.
5. CONDUCT OF WORK
5.1. COMPLIANCE WITH LAWS AND REGULATORY AGENCIES: The Contractor shall
without additional expenses to the Owner be responsible for obtaining any necessary
licenses and permits and for complying with any prosecution of the work. This includes
expenses for building permits and occupancy permits.
5.2. SUPERINTENDENT AND SUPERVISION: The Contractor, if he supervise the work

personally, must be a licensed Engineer or Architect, otherwise he must have employed
a Licensed Engineer or Architect who will supervise the work personally.
5.3. The Contractor shall keep on his work during its progress a competent project Engineer
or superintendent and any necessary assistants, all satisfactory to the Architect.
5.4. The project Engineer or Superintendent shall represent the Contractor in his absence and
all directions given to him shall be as binding as if given to the Contractor. He shall have
full authority to execute the orders or directions of the Architect without delay and to
promptly supply such materials, tools, equipment and labor as may be required.
5.5. LABOR: All work under this contract shall be performed in a skillful and workmanlike
manner. Contractor to provide efficient Engineers, Superintendents, Foreman,
Mechanics, laborers or Artisans. Whenever in the opinion of the Architect, any employee
is careless or incompetent or obstructs the progress of the work or acts contrary to
instructions or conducts himself improperly, the Contractor shall upon written request of
the Architect, discharges or otherwise remove him from the work and not employ him
again upon it.
Should the Contractor fail to remove unsatisfactory workmen or fail to furnish suitable and
efficient equipment or personnel for the proper prosecution of the work, the Architect may
withhold payment which are or may become due, or may suspend the work until such
orders are complied with.
5.6. QUALITY OF WORK AND MATERIAL: All materials, parts and equipment furnished by
the Contractor shall be new, high grade and free from defects and imperfections and
shall be in accordance with the best standard practices. Both materials and
workmanship shall be subject to the approval of the Owner.
5.7. METHODS AND APPLIANCES: The Contractor shall use such methods and appliances
for the performance of all the operations connected with the work as well as produce a
satisfactory quality of work and rate progress which in the opinion of the Architect, will
ensure the completion of the work within the contract time. If at any time before the
commencement or during the progress of the work such methods or appliances appear to
the Architect to be inefficient or inappropriate for producing the quality of work required,
or insuring the required rate of progress, the Architect may order the Contractor to
increase the rate off their efficiency, or to improve their system of operation. The
Contractor must comply with such order. Failure, however, of the Architect to demand
such increase of efficiency or improvements of methods shall not relieve the Contractor
from his obligation to turn out such quality of work and rate of progress as are called for
in contract. The Contractor, shall if required, furnish to the Architect for approval full
information and satisfactory evidence as to the manufacturer of machinery, mechanical or
other equipment which he contemplates using together with their performance capacities
and other pertinent information.
5.8. LAYING OUT THE WORK: The Contractor shall lay out the lines and grades of the work
as per conditions set forth in the General Conditions. All stakes, bench marks, etc. placed
by the Contractor shall be carefully guarded and preserved by the Contractor. In case
such stakes or marks are displaced or rendered useless through the carelessness or
neglect of the Contractor or of his agents, employees or workmen, the Contractor at his
own expense should replace them.
5.9. WORK DURING AN EMERGENCY: The Contractor shall perform any work and shall
provide all equipment and material necessary during an emergency endangering life and
property. In all cases, he shall notify the Owner and Architect as soon as practicable, but
he shall not wait for instructions before proceeding to properly protect both life and
property.
5.10. INCREASE OR DECREASE QUANTITIES OF WORK: Adjustment or drawing 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 of underground utilities, as constituting a normal and expected
margin of adjustment, and not involving nor permitting change or modification of Contract
Price, provided only, that resulting overruns or under runs from the quantities in the
Proposal do not exceed five percent (5%). In case of discrepancy, the matter shall be
submitted immediately to the Architect, before the Contractor shall make any adjustment,
otherwise it shall be at his own risk and expense.
5.11. CHANGES IN THE WORK
5.11.1. CHANGE ORDERED BY OWNER: The Owner at any time without

invalidating the Contract and without notice to the sureties, order extra work or
make changes by altering, adding to or deducting from the work as covered
by the Drawings and Specifications of this Contract and within the general
scope thereof. The Owner in writing and no change or omission from the
drawings shall order such changes and specifications shall be considered to
have been authorized without written instructions signed by the Owner.
5.11.2. CHANGE OF SUB-SURFACE CONDITIONS: If during the progress of the

work, subsurface conditions at the site materially different from those shown
on the drawing indicated in the Specifications are discovered or encountered,
the attention of the Architect shall be called immediately to such conditions
before they are disturbed. The Architect shall thereupon promptly investigate
the conditions, and if he finds that they materially differ from those shown on
the drawings or indicated in the Specifications, he shall at once with the
approval of the Owner make such changes in the Drawings and Specification
as he may find necessary.
5.11.3. ADJUSTMENT OF CONTRACT: All such work shall be executed under the
conditions of the original contract. If such changes cause an increase or
decrease in the amount due under this Contract, or in the time required for its
performance, an equitable adjustment shall be made and the Contract shall
be modified in writing accordingly. The express consent of the sureties shall
be obtained in writing. In the event that the work involved is increased by such
changes, the Contractor shall furnish proportionate additional performance
bond.
5.11.4. VALUE OF EXTRA WORK: The value of extra work for change shall be
determined by anyone on the following ways;
1. By estimate and acceptance in lump sum.

2. By unit prices named in the Contract or subsequently agreed.
3. By cost plus _____ for Contractor’s profit and overhead.
Under case three (03), he shall keep and present in such form as the
Architect / project manager / or the construction manager may direct a
correct account of the cost, together with vouchers. In any case the
Architect shall certify to the amount including the ______ percent
allowance for overhead and profit, due to the Contractor.
5.11.5. PERIOD FOR WHICH CLAIM FOR ADJUSTMENT HAS TO BE ASSERTED:

Any claim for adjustment involving questions of fact must be asserted within
ten (10) days from the date the change is ordered unless the Architect /
project manager / or the construction manager shall for proper cause extend
such time. Except as otherwise specifically provided in this Contract, the
Architect or his duly authorized representatives shall decide a dispute
concerning questions of fact arising under this Contract. Nothing however
provided herein shall excuse the Contractor from proceeding with the
prosecution of the work so changed.
5.11.6. CHANGES ORDERED BY THE ARCHITECT: In giving instructions, the

Architect shall have the authority to make minor changes in the work, not
involving extra cost and not inconsistent with the purpose of the building.
5.11.7. AWARD OF EXTRA WORK TO OTHER CONTRACTOR: In case any extra

work shall be required in the proper performance of the work contemplated
under this contract, it is understood that if the Contractor and the Owner fail to
arrive at any agreement as to the price of such extra work, the Owner
reserves the right to have the extra work done by any other person, firm or
corporation that said contractor, or to perform the same by day labor under
the charge and supervision of the Architect. Should the Owner award extra
work or other Contracts for additional work to any other person firm or
corporation the Contractor agrees that he will not in any way interfere with or
molest such person, firm or corporation and that he will suspend such part of
the work herein specified or will carry on the same in such a manner as may
be ordered by the Architect so as to afford all reasonable facilities for doing
such work. The Contractor shall be entitled to no claim for damages or for any
privileges or rights other than expressed by this Contract by reason of the
suspension to such work.
5.12. CLAIMS FOR EXTRA COST: If the Contractor claims that any instructions by drawings
or otherwise involve extra cost under this Contract, he shall give the Architect written
notice thereof within seven (07) days after the receipt of such instruction, and in any
event, before proceeding to execute the work, except in emergency endangering life and
property, and the procedure shall then be as provided for in (Work During an Emergency
or the General Conditions).
5.13. DEDUCTIONS FOR UNCORRECTED WORK: If the Architect and the Owner deem it
inexpedient to correct work incurred or does not, in accordance with the Contract, an
equitable deduction from the Contract Price shall be made therefor.
5.14. CLEANING UP AT COMPLETION OF WORK: The Contractor shall at all times keep the
premises free from accumulations of waste materials or rubbish caused by his employees
or work. At the completion of the work, he shall remove all his rubbish from and about
the building and all his tools, scaffolding, and surplus materials and shall leave his work
”broom clean” or its equivalent. At no time shall any rubbish be thrown. Aside from
general broom cleaning, the Contractor shall do the following special cleaning for all
trades at completion work:
5.14.1. Remove all stains, dirt, paint and the like on all finishing of floors, wall, ceiling,
decorative work and finishing hardware.
5.14.2. Clean and polish all woodwork, finishing hardware and all metal works.
5.14.3. Wash and polish all glazing marble and tile works.
The Contractor shall also clean the building site as shown in the drawing and
all areas, which the Contractor used in the operation of the Project. In case of
dispute, the Owner may remove the rubbish and charge the cost to the
several Contractors, as the Architect shall determine.
5.15. USE OF COMPLETED PORTIONS OF WORK: The Owner shall have the right to take
possession of and use any completed or partially completed portions of the work, not
withstanding that the time for completing the entire work or such portion may not have
expired, but such taking possessions and use not be deemed a waiver by the Owner of
the rights to claim for damages due to delays in the completion of work. If such prior use
increase the cost of, or delays the completion of work uncompleted work or causes
refinishing of completed work, the Contractor shall be entitled to such extra
compensation, or extension of time or both, as agreed upon prior to the occupancy.
5.16. FINAL INSPECTION: Upon due notice from the Contractor of presumptive completion of
the entire project, the Architect shall make a semi-final inspection; and if all construction
contemplated by the Contract if found completed to his satisfaction, such inspection shall
constitute the final acceptance and the Contractor shall be notified of such acceptance in
writing within ten (10) days or as soon thereafter as practicable. If however, at any semi-
final inspection, any work in whole and in part is found unsatisfactory, the Architect shall
give the Contractor the necessary instructions as to replacement of materials and
perform re-performance of work necessary and pre-requisite to final acceptance, and the
Contractor shall comply with and execute such instructions. Another inspection shall be
made which shall constitute the final inspection if the work is found to be completed.
6. TIME OF COMPLETION OF WORK
6.1. NOTICE TO PROCEED: Following the execution of the Contract Agreement by the
Owner, written Notice to Proceed with work shall be given to the Contractor. The
Contractor shall begin and shall prosecute the work regularly and uninterrupted thereafter
(unless otherwise directed in writing by the Owner) with such force as to secure the
completion of the work within the time stated in the Contract. If the Contractor undertakes
actual construction on the proposed work including the delivery of equipment or materials
(in case of contract for furnishing materials) or the performance of any kind of work
whatsoever, before he receives a copy of the duly executed Contract or Notice to
Proceed.
6.2. CONTRACT TIME: The Contractor shall complete, in an acceptable manner, all of the
work contracted for in the time stated in the Contract. Computation of Contract Time
shall commence on the second (2nd) day following the date of issuance of Notice to
Proceed, unless otherwise stipulated in the Contract, and every calendar day following,
shall be counted as a working day.
6.3. SCHEDULE OF COMPLETION: The Contractor shall submit for approval, the Schedule
of Construction Work in Critical Path Method (CPM) Form, indicating the approximate
date each item will be started and completed, the equipment to be used and the number
of men to be employed to complete it, in accordance with his schedule.
The progress of the work shall be at a rate sufficient to complete the Contract in an
acceptable manner within the time specified, if it appears that the rate of progress is such
that the Contract will not be completed within the time limit, the Architect may order the
Contractor to take such steps as he considers necessary to complete the Contract within
the period provided.
6.4. EXTENSION TIME: The Contractor shall be allowed an extension of time based on the
following conditions;
6.4.1. Should the Contractor be obstructed or delayed in the prosecution or completion

of the work by the act, neglect, delay or default of the Owner on the work or by
strikes, lockouts, or by Act of God such as fire, flood, lightning, earthquake,
typhoons, by act of the Owner, or by delay authorized by the Architect pending
arbitration, then the Contractor shall within ten (10) days from the occurrence of
such delay file the necessary request for an extension. The Architect may
grant the request for extension for such period, as he considers reasonable.
However that no such extension of the time shall be granted for any alleged
failure of the Owner to furnish materials or information unless they will be
required in the proper prosecution of the work in the order prescribed by the
Architect and unless the Contractor shall have made written request for them to
at least ten (10) days before they are actually needed.
6.4.2. The WRITTEN CONSENT OF THE BONDSMEN must be attached to any

request by the Contractor for an extension of time and submitted to the Owner for
consideration.
6.4.3. If the satisfactory fulfillment of the Contract shall require the performance of work
in greater quantities than those set forth in the Contract, the time allowed for
performance shall be in the total cost in the Contract. However, if in the opinion
of the Architect, the nature of the increased in work is such that the new Contract
Time as computed above is unreasonably short, the time allowance for any
extension and increase shall be agreed upon in writing.
6.4.4. If no schedule or agreement stating the dates upon which drawings shall be
furnished is made, then no claim for delay allowed on account of failure to furnish
drawings until two (02) weeks after demand for such drawings and unless such
claim be reasonable.
6.4.5. The Contractor shall not be entitled to any damages for any hindrance or delay
due to any cause whatsoever in the progress of the work, but said hindrance may
entitle the Contractor to an extension of time for completing the Contract as
herein provided.
6.4.6. If the work is interrupted for any reason, it must be promptly resumed on the
removal or cessation of the cause of delay.
6.4.7. The Contractor shall give written notice to the Architect at least ten (10) days
prior to the beginning, suspending (except in case of accident or resuming the
work to the end that the Architect may make the necessary preparations for
inspection without delaying the work. All delays or losses resulting from failure of
the Contractor to give such notice will be at the Contractor’s risk; and an extra
cost to the Owner for such delay (said cost to be determined by the Architect)
shall be deducted from the Final Payment.
6.5. LIQUIDATED DAMAGES: It is understood that time is an essential feature of this

Contract and that upon failure to complete the said Contract within the time stipulated in
the Contract Agreement, and not by way of penalty. The Owner may deduct from any
sum due or to become due to Contractor any sum accruing for liquidated damages as
herein stated.
7. PROTECTION OF WORK AND OWNER’S PROPERTY
7.1. SAFEGUARD MEASURES: The Contractor shall put up and continuously maintain
adequate protection of all his work from damage and shall protect the Owner’s property,
as well as all materials furnished and delivered to him by the Owner, from injury or loss
arising in connection with this Contract. He shall make good any such damages, injury or
loss, except as may be caused by agents or employees of the Owner, or due to cause
considered as Act of God.
7.1.1. The Contractor shall provide reliable and competent watchmen to guard the site
on premises, from the commencement of operations until building is fully
completed. Provide all doorways with locks under the control of the Contractor,
who shall lock doors at the close of each day’s work. In the event that the
Architect at any time deems watchmen service inadequate or incompetent, the
Contractor shall increase or change the watchmen personnel to the Architect’s
satisfaction.
7.1.2. Smoking on premises shall be prohibited except in designated places and signs
to this effect shall be posted conspicuously. Fires shall not be built on premises
except by expressed consent of the Architect.
7.1.3. The Contractor shall provide and maintain covered barrels or water and fire
buckets on premises for fire protection. Such equipment shall not be used for any
other purposes.
7.1.4. The Contractor shall provide and maintain in good working order an adequate
number of fire extinguishers.
7.2. OLD MATERIALS: All old materials of value found by the Contractor upon the work shall
be carefully piled where designated by the Owner or the Architect; and the Contractor
shall be responsible for the same until final acceptance of the work.
7.3. TREES AND OTHER PLANTS: Existing trees, plants, shrubs, etc., which are to remain
shall be boxed and otherwise protected from damage. No trees within site or located
outside building lines shall be cut or removed without specific approval from the Owner
and the Architect.
7.3.1. All trees and other plants that need to be transplanted elsewhere within fifty (50)
meters from the building lines shall be done by the Contractor at his own
expense in accordance with instructions from the Architect or from the authorities
concerned.
7.3.2. Undue damage to trees, plant, shrubs, streets, sidewalk, etc., resulting from, and
in connection with the construction work shall be made good and/or replaced by
the Contractor at his own expense to the satisfaction of the Owner and the
Architect.
7.4. DRAINAGE: If it is necessary in the prosecution of the work to interrupt or obstruct the
natural flow of rivers or streams, the drainage of the surface, or flow of artificial drains,
the Contractor shall provide for the same during the progress of the work in such a way
that no damage shall result to either public or private interest. For any neglect to provide
for any natural or artificial drainage, which he may have interrupted, he shall solely be
held liable for all damages, which may result therefrom during the progress of the work.
8. PROTECTION OF ADJACENT PROPERTY AND EXISTING UTILITIES
8.1. CONTRACTOR’S SOLE RESPONSIBILITY: The Contractor shall adequately protect

adjacent property as provided by law and the Contract Documents. The construction,
building work, in addition to any neighboring property or building which may jeopardized
in any manner, must be thoroughly and substantially braced against winds, floods,
setting, falling or like occurrences, and when necessary, covered and protected from sun
and rain at the Contractor’s expense. The Contractor shall be solely liable and pay for all
damages occasioned on any manner for his act or neglect, or of his agents, employees
or workmen.
8.2. EXISTING UTILITIES: the Contractor at his own expense shall repair existing utilities
damaged.
9. PROTECTION OF LIFE, WORK AND PROPERTY DURING AN EMERGENCY
AUTHORIZED TO CONTRACTOR: In an emergency affecting the safety of life or of the work or

of adjoining property, the Contractor without special instruction or authorization from the Architect
or the Owner, is hereby permitted to act, at his discretion to prevent such threatened loss or injury
or he shall so act, without appeal, if so instructed or authorized. Agreement or arbitration shall
determine any compensation claimed by the Contractor on account of emergency work.
10. EQUIPMENT AND MATERIALS
10.1. GENERAL
Notwithstanding anything herein specified or provided that may be construed to the
contrary, all materials and equipment must conform to all laws, ordinance, regulations
and building codes now or hereafter may be in force and applicable during the period of
construction, and the Contractor shall obtain the necessary permits and pay the required
fees therefore to the authorities. The Contractor shall bear any and all damages by
reason of any delay in the work arising form his failure to comply with the provision of this
clause.
10.2. EQUIPMENT
10.2.1. QUALITY OF EQUIPMENT: In order to establish standards of quality, the

Architect and the project manager / construction manager has, in the Detailed
Specifications, as referred to certain equipment by name and catalog number.
This procedure is not to be construed as eliminating from competition of other
products of equal or better quality by other manufacturer when fully suitable in
design.
10.2.1.1. The Contractor shall furnish a complete list of proposed

substitutions prior to the signing of the Contract, together with such
engineering and catalog date as the Architect and the Engineer
may require.
10.2.2. The Contractor shall abide by the Architect’s and the project manager /
construction manager judgment when proposed substitute items of equipment
are judged to be acceptable and shall furnish the specified item of equipment in
such case. All proposals for substitutions shall be submitted.
10.2.2.1. This submission shall be compiled by the Contractor and approved

by the Architect and the project manager / construction manager
before any of the equipment is ordered.
10.2.2.2. After written approval, this submission shall become a part of the
Contract, and may not be deviated from, except upon written
approval of the Architect and the project manager / construction
manager.
10.2.2.3. Catalog date for equipment approved does not in any case
supersede the Contract Documents. The approval of the Architect
and the project manager / construction manager shall not relieve
the Contractor from responsibility from deviations from drawings or
specifications, unless he has in writing called their attentions to
such deviations at the time of submission, nor shall it relieve him
from responsibility for errors of any sort in the items submitted. The
Contractor shall check the work described by the catalog data with
Contract Documents for deviations and errors.
10.2.2.4. If shall be the responsibility of the Contractor to ensure that items

to be furnished fit the space available. He shall make necessary
field measurements to ascertain space requirements, including
those for connections, and shall order such sizes and shapes of
equipment that the final installation shall suit the true intent and
meaning of the Drawings and Specifications.
10.2.2.5. Where equipment requiring different arrangement of connections

from those shown is approved, it shall be the responsibility of the
Contractor to install equipment to operate properly, and in harmony
with intent of the Drawings and Specifications, and to make all
changes in the work required by the different arrangement of
connections.
10.3. MATERIAL FURNISHED BY THE CONTRACTOR
10.3.1. MANUFACTURERS AND DEALERS: Names of proposed manufacturers and

dealers who are to furnish materials, fixtures, appliances or other fitting shall be
submitted to the Architect for approval as early as possible.
10.3.2. No manufacturer shall be approved for any material to be furnished under this
Contract unless he shall be of good reputation, shall have plant of ample
capacity and shall have successfully produced similar products.
10.3.2.1. All transaction with manufacturers or subcontractor shall be

through the Contractor.
10.3.2.2. No asking for prices on materials, the Contractor shall provide

manufacturer or dealer with complete information from the
Specifications and Drawings, and shall inform manufacturer or
dealer of all pertinent Contract Requirements.
10.3.3. SAMPLE OF MATERIALS: The Contractor shall furnish for approval, such
promptness as to cause no delay to work, samples specified or required. Work
shall be in accordance with the approved samples.
10.3.3.1. Unless otherwise specified, three samples shall be submitted

and of adequate size to show quality, type, color, range, finish
and texture of material.
10.3.3.2. Each sample shall be labeled, bearing material name and

quality, the Contractor’s name, date, project name, and other
pertinent data.
10.3.3.3. Where specifications require manufacturer’s printed installation

directions shall accompany samples submitted for approval.
10.3.3.4. A letter of transmittal in triplicate from the Contractor requesting

approval shall accompany all sets of samples.
10.3.3.5. Transportation charges to the Architect’s office must be prepaid

on all samples forwarded.
10.3.3.6. Materials shall not be ordered until approval is received in writing

from the Architect. All materials shall be furnished equal in every
aspect to approved samples.
10.3.4. TRADE NAME OF MATERIALS AND SUBSTITUTES
10.3.4.1. Whenever item or class of materials is specified exclusively by

trade name, by manufacturer’s name or by catalogue reference,
only such item shall be used.
10.3.4.2. No substitute shall be made for any material, article or process

required under Contract unless approved in writing by the
Architect.
10.3.4.3. Materials and articles installed or used without such approval

shall be at the risk of subsequent rejections.
10.3.4.4. Samples of materials for use in reinforced concrete work such as

steel bars, cement and their aggregates and their certificates of
origin are to be approved by the Architect.
10.3.5. TESTING SAMPLES OF MATERIALS: The Contractor shall submit to the

Architect as many samples as may be needed for purposes of testing. Testing
of all samples shall comply with the Specifications and government standards
and shall be performed by a competent entity or testing laboratory, approved
by the Architect. All cost for shipment, delivery, handling, and testing of
samples are to paid by the Contractor.
10.3.6. QUALITY OF MATERIALS: Unless otherwise specified, all materials shall be

new. The quality of materials shall be at the best grade of their respective kinds
for the purpose. The work shall be performed in the best and most acceptable
manner in strict accordance with the requirements of the Drawings and
Specifications.
10.3.7. STORAGE OF STOCKPILING OF MATERIALS
10.3.7.1. The Contractor shall allot suitable space to sub-contractors for

storage of their materials and for erection of their sheds and tool
houses.
10.3.7.2. All cement and other materials affected by moisture shall be

stored in platforms and protected from weather. Materials shall
be so stored as to ensure the preservation of their quality and
fitness for work. Stored materials shall be located so as to
facilitate prompt inspection.
10.3.7.3 Should it be necessary at any time to move materials, sheds or

storage platform, the Contractor shall do so at his own expense.
10.3.8. DEFECTIVE MATERIALS: All materials not conforming to the requirements of

these Specifications shall be considered as defective. No defective materials,
the defects of which have been subsequently corrected, shall be used until
approval has been given. Upon failure on the part of the contractor to comply
for with any order of the Architect made pursuant to the provisions of this
article, the Architect shall have authority to remove and replacement from any
payment due or to become due to Contractor.
10.3.8.1. The apparent silence of the Specifications, Drawings, Special

Provisions and Supplementary Specifications, as to any detail or
description concerning any point shall be regarded as meaning
that only the best general practice is to prevail and the only
materials and workmanship of first class quality are to be used.
10.3.8.2. Failure or neglect on the part of the Architect, or any of his

agents to condemn or reject bad or inferior materials shall not be
construed to imply and acceptance of the materials are
discovered at any time prior to the final acceptance of the work

by the Owner and the release of the Contractor.
10.4. MATERIALS FURNISHED BY THE OWNER
The Owner shall furnish materials specifically indicated. The fact that the Owner is to
furnish materials is conclusive evidence of its acceptability for the purpose intended and
the Contractor may continue to use it until otherwise directed. If the Contractor discovers
any defect in materials furnished by the Owner, he shall notify the Architect. The
Contractor shall be responsible for material loss or damage after receipt of material.
11. SAFETY
11.1. ACCIDENT PREVENTION
11.1.1. In order to provide safety controls for protections to the life and health of
employees and other persons for prevention of damage to property, materials,
supplies and equipment and for avoidance of work interruptions in the
performance of this Contract shall comply with all safety regulations and will
take or cause to be such additional measures as the Architect may determine
to be reasonably necessary for the purposes.
11.1.2. The Contractor, shall, after receipt of such notices, shall immediately issue
corrective action. Such notice when delivered to the Contractor or his
representative at the site of work shall be deemed sufficient for the purpose. If
the Contractor fails or refuses to comply promptly, the Architect may issue an
order stopping all or part of the work until satisfactory corrective action has
been taken. The Contractor shall make the subject of claim for extension of
time or no part of the time lost due to any such stop orders for excess costs or
damages.
12. SUB-CONTRACTORS
12.1. GENERAL: It is understood and agreed that the entire work called by this contract shall
not be sub-let or sub-contracted and that no part thereof may be subject or sub-
contracted without the express prior authorization of the Architect and that a sub-
contracted even authorized shall not be understood as to relieve the Contractor and his
bondsmen from their obligation and responsibility to the Owner for the satisfactory
completion of the work and for payment of wages and materials furnished for the work.
Nothing contained in the Contract Documents shall create any Contractor relation
between any sub-contractor and the Owner.
12.2. All foregoing are without prejudice to the right of the Owner under the New Civil Code
and other laws now or hereafter that may be applicable. The Contractor agrees that he is
fully responsible to the Owner on the acts and emissions for the sub-contractors and the
person either directly or indirectly employed by them.
12.3. APPROVAL OF SUB-CONTRACTORS: The Contractor shall be, as soon as practicable

after the execution of the Contract notify the Architect in writing of the names of the sub-
contractors proposed for the parts of the works for screening and for approval.
13. SEPARATE CONTRACTS TO OTHER CONTRACTORS
13.1. OWNER’S RIGHT TO LET OTHER CONTRACTS: The Owner reserves the right to let
other contracts in connection with this work.
13.2. CONTRACTOR - SEPARATE CONTRACTORS RELATIONS:
13.2.1. STORAGE OF MATERIALS AND WORK COORDINATION: The Contractor

under this Contract shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work, and
shall properly connect and coordinate his work with them. The Contractor shall,
as far as possible arrange his work and dispose of his materials so as not to
interfere with the work or storage of materials of other Contractors engaged
upon the work. He shall also join his work that of others in a proper manner,
and accordance with the Logic of the drawings and Specifications, and perform
his work in the proper sequence in relation to that of other Contractors and as
may be directed by the Architect.
13.2.2. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting,
fitting or patching of his work that may be required to make its several parts
come together properly and fit it to received by work of other contractors shown
upon, or reasonably implied by, the Drawings and Specifications for the
completed structure, and he shall make good after them as the Architect may
direct.
Any cost caused by defective or ill-timed work shall be borne by the party
responsible thereto.
The Contractor shall not endanger the work by cutting, digging or otherwise
and shall not cut or alter the work of any other contractor save with the consent
of the Architect.
13.2.3. DEFECTIVE WORKS BY SEPARATE CONTRACTORS: If any part of the

Contractor’s work defends for proper execution of results upon the work of any
other contractor, the Contractor shall inspect and promptly report to the
Architect any defect in such work that renders it unsuitable for such proper
execution and result. His failure so to inspect and report shall constitute an
acceptance of the other contractor’s work as fit and proper for the reception of
his work, except as to defects that may develop in other contractor’s work after
the execution of this work.
To ensure the proper execution of his subsequent work, the Contractor shall
measure work already in place and shall at once report to the Architect any
discrepancy between the executed work and the drawings.
13.2.4. DAMAGE CAUSED BY CONTRACTOR TO SEPARATE CONTRACTOR’S:

Should the contractor cause damage to any separate contractor on the work,
the Contractor agrees, upon the notice, to settle with such Contractor by
agreement or arbitration, if he will so settle. If such separate contractor sues
the Owner on account of any damage alleged to have been so sustained, the
Owner shall notify the Contractor, who shall defend such proceedings, if any
judgment against the Owner arise there from, the Contractor shall pay or
satisfy such judgment against the Owner that may arise there from, the
Contractor shall pay or satisfy such judgment and pay all costs incurred by the
Owner.
14. CLEANING UP AT COMPLETION OF WORK
14.1. The Contractor shall at all time keep the premises free from accumulation of waste
materials or rubbish caused by his employees or workers. The completion of the work, he
shall remove all his rubbish from and about the building and all his tools, scaffolding and
surplus materials and shall leave his work “broom clean” at no time shall any rubbish be
thrown from windows or other part of the building without the use of rubbish chutes.
Aside from the general cleaning, the Contractor shall do the following for all trades at
completion of work.
14.1.1. Remove all stains, dirt, paint and the like on all finishing of floors, walls and
ceiling, decorated work finishing hardware and fixtures.
14.1.2. Clean and polish all woodwork, finishing hardware and all metal works.
14.1.3. Wash and polish all glazing, marble and tile work. The Contractor shall also
clean the building site as shown in the drawings and all areas, which the
Contractor used in the operation of the project.
15. CONTRACTOR’S INSURANCE AND BOND
15.1. CONTRACTOR’S LIABILITY AND INSURANCE: The Contractor shall secure and
maintain such insurance from an insurance company to be designated by the Owner as
will protect himself, his sub-contractor and the Owner from claims for bodily injury, death
or property damage which may arise from operations under this contract.
The contractor shall not commence work until he has obtained all insurance required and
shall have filed the certificate of insurance or the certified copy of the insurance policy
with the Owner. Each insurance policy shall contain a clause providing that the insurance
company shall not cancel it without ten days notice to the Owner of intention to cancel.
The amount of such insurance shall be agreed upon.
The Contractor shall take out and maintain throughout the construction period insurance
in the following minimum requirements;
15.1.1. CONTRACTOR’S FIRE INSURANCE: In addition to such Fire Insurance as

the Contractor elects to carry for his work protection, he shall secure and
maintain, in the name of the Owner policies upon such structures and materials
and in such amounts as shall be designated. These policies shall be secured
from a company, which is satisfactory to the Owner and delivered to the
Owner.
15.1.2. CONTRACTOR’S PERFORMANCE BOND: The Contractor prior signing the

contract shall furnish a performance bond equal to Thirty percent (30%) of the
contract amount for the faithful performance of his work and obligations arising
from this contract. Such bonds shall be effective up to a period of two (02)
months after acceptance of the work by the Owner. Bonding Company to be
designated by the Owner.
15.4. CONTRACTOR’S GUARANTEE BOND: The Performance Bond will be

released by the Owner after expiration of two (02) months from the final
acceptance of the work and only after the Contractor has furnished the Owner
a Guarantee Bond in the amount of ten percent (10%) of total cost. The
Guarantee Bond shall be for a period of one (01) year as guarantee that all
Contractor furnished materials and workmanship installed under contract are of
good quality.
16. CONTRACTOR’S GUARANTY/WARRANTY
16.1. The Contractor shall in case of work performed by his subcontractors and where
guarantees are required, secure warranties from said sub-contractors and deliver copies
of it to the Owner upon completion of work.
16.2. The Contractor shall and hereby warrants the work performed by him directly and for
which guarantee are required.
16.3. The Contractor shall and thereby warrants and/or guarantee for a period of one (01) year
or the longer period were so provided in specifications as evidenced by date of final
certificate issued by the Architect, all materials furnished by the Contractor and
workmanship installed under the Contract to be of good quality and of quality required
and/or called for under this Contract Agreement in every aspect and to remain so for
period described herein.
16.4. Should any defect develop in a said work, within the specified period due to faults in
materials and/or workmanship, the Contractor thereby agrees to make all repairs and do
all necessary work to the Architect’s satisfaction. The Owner shall do such repairs and
corrective work without cost to the Owner and at the entire cost and expense of the
Contractor within five (05) days after notice to the Contractor.
16.5. In case the Contractor fails to do the work as ordered, the Owner may have the work
done by other parties and charge the cost thereof against money retained as provided for
in the Agreement and if said retained money shall be sufficient to have the work done.
The Contractor and his sureties thereby agree to pay to the Owner the entire balance of
the cost of such work.
16.6. All the foregoing is without prejudice in the right of the Owner under the Civil Code of the
Philippines or other laws now or hereafter that may be applicable.
17. CONTRACTOR’S RESPONSIBILITY FOR ACCIDENTS AND DAMAGES
17.1. SAFEGUARD TO BE UNDERTAKEN BY THE CONTRACTOR: The Contractor shall

take all necessary precautions for the safety of employees and workmen on the work, or
comply with all applicable provisions of the city, municipal and national safety laws and
building codes and all government rules and regulations, to prevent injury to persons on
about or adjacent to the premises where work is being performed. The Contractor shall
erect and properly maintain at all times as required by the conditions and progress of the
work, such barriers, shoring, support, braces, lights, danger signs and necessary
safeguards, as will damage to property in consequence of this work. The Contractor shall
designate a responsible member of his organization of the work; whose duty shall be the
prevention of accidents and damage to the Owner’s property and adjoining property shall
be reported to the Architect by the Contractor.
17.2. CONTRACTOR’S SOLE RESPONSIBILITY: The Owner shall NOT BE RESPONSIBLE

for the death or decease contracted or injury received by the Contractor or by any
employees or laborer of the Contractor, for the Contractor’s plant or materials, for any
damage done by or to them from any source or cause, and damages caused by the
Contractor or his employees to any property of the Owner and adjoining property. All
damages shall be sole responsibility of the Contractor.
17.3. INDEMNITY: The Contractor shall indemnify and save harmless the Owner from, and
against all losses and all claims, demands, payments, suits, actions, recoveries and
judgment or every nature and description brought or recovered against him by reason of
any act or omission of said Contractor, his agents or his employees in the execution of
the work or of the guarding of it.
Claims for payment and repairs and damages shall at once be settled by the Contractor
at his own expense and to the satisfaction of the Architect and the parties concerned. In
the event of the failure of the Contractor to repair at once such damages, and pay other
claims, the Owner may repair the same and pay claims, and deduct the entire cost of
such repairs and claims from the payments due to the Contractor.
18. SUPERVISION AND INSPECTION OF WORK
18.1. The Owner, the Architect, and their representatives shall at all times have access to the
work whenever it is in preparation of progress and the Contractor shall provide facilities
for such access and for inspection.
18.2. If the specifications, the Architect’s Instructions, laws or any public authority require any
work to be specifically tested or approved, the Contractor shall give the Architect and
other parties required to make inspection and the date fixed for such inspection.
Inspections by the Architect shall be promptly made and were practicable at the source of
supply. Any work should be covered up without the approval of consent of the Architect is
uncovered for examination at the Contractor’s expense.
18.3. The Architect may order re-examination of unquestioned work and if ordered, the
Contractor must uncover the work, if such work were found not in accordance with the
contract documents; the Contractor shall pay the cost.
18.4. The Contractor shall furnish promptly without additional charge, all reasonable facilities,
labor, and materials necessary for the safe and convenient inspection and test that may
be required by the inspectors. All inspection and test shall be performed in such manner
as not to unnecessarily delay the work.
18.5. Should it be considered necessary or advisable by the Architect at any time before the
final acceptance of the entire work to make an examination of the work already
completed by removing or tearing out some, the Contractor shall on request, promptly
furnish all necessary facilities, labor and materials. If such is found to be defective in any
material respect due to fault of the Contractor or his sub-contractors, he shall defray all
expenses 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, material and
equipment necessarily involved in the examination and replacement plus _______ (___
%) shall be allowed the Contractor and he shall, in addition, if completion of the work has
been delayed thereby granted a suitable extension account of the additional work
involved.
18.6. The Architect may condemn defective work at any time before the final acceptance of the
work, and when such work has been condemned, it shall be taken out immediately by the
Contractor and rebuilt in accordance with the drawings and specifications. Failure or
neglect on the part of the Architect or any of his agents to condemn or reject bad or
inferior work, shall not be constructed to imply an acceptance of the work if the same is
such bad or inferior work is discovered at any time prior to the final acceptance of the
work by the Owner and the release of the Contractor.
18.7. The Owner reserves the right to require the removal from the project of any employee of
the Contractor if in the judgment of the Owner such removal shall be necessary in order
to protect the interest of the Owner. The Owner shall have the right to require the
Contractor to increase the number of his employees and to increase or change the
amount or kind of tools and equipment if at any time the progress of the work shall be
unsatisfactory to the Owner, but the failure of the Owner to give such directions shall not
relieve the Contractor of his obligations to complete the work within the time and in the
manner specified.
18.8. The manner of performance of the work, and all equipment used therein shall bee subject
to the inspection tests, and approval of the Owner. The Owner shall have the right to
inspect all payrolls and other data and records of the Contractor relevant to the work. The
Contractor will provide all reasonable facilities necessary for such inspection and tests.
The Contractor shall have final inspection is made and if requested by the Owner, when
any other inspection is made.
18.9. The Owner may recommend to the Contractor to suspend the work wholly or in part of
such period or periods as the Owner may deem necessary due to unsuitable weather or
such other conditions as are considered unfavorable for the satisfactory prosecution of
the work or because of the failure of the Contractor to comply with any of the provisions
for the Contract, provided however, that the Contractor shall not suspend work pursuant
to this provision without written authority from the Owner to do so. The time of completion
herein above in set forth shall be increased by the number of days of any such
suspension, except when such suspension is due to the failure of the contractor to
comply with any of the provisions of this contract. In the event that the Contractor with
the consent of the Owner suspends work, the Contractor, before resuming work shall
give the Owner at least TWENTY-FOUR (24) HOURS thereof in writing.
19. DEFECTIVE WORKMANSHIP
19.1. The acceptance of any workmanship by the Owner shall not preclude the subsequent
rejection thereof in such workmanship shall be found to be defective after installation.
Any such workmanship found defective before final acceptance of the construction shall
be remedied by and at the expense of the Contractor. The Contractor shall not be entitled
to any payment thereunder as long as any defective workmanship in respect to the
project, of which the Contractor shall have had notice, shall not have been remedied.
19.2. Notwithstanding any certificate which may have been given by the Owner, if any
workmanship which does not comply with the requirements of this contract shall be
discovered within one (01) year after completion of construction of the project, the
Contractor shall remedy any such defective workmanship within thirty (30) days after
notice in writing of the existence thereof shall have been given by the Owner may remedy
such defective workmanship, and in such event the Contractor shall pay to the Owner the
cost and expense thereof.
20. OWNER’S RIGHT TO TERMINATE CONTRACT
20.1. The Owner upon the certificate of the Architect that sufficient cause exist to justify his
action, may without prejudice to any other right or remedy and after giving the contractor
and his surety, seven (07) days written notice, terminate the contractor’s right to proceed
with the work or such part of the work and take possession of the premises and of all
materials, tools and appliances thereon and as to which there has been a delay and
prosecute the work by whatever method he may deem expedient. Sufficient cause to
justify termination of the contract shall be deemed to exist whenever the Contractor does
any of the following;
20.1.1. Declare bankruptcy, become insolvent or assigned his asserts for the benefit of
his creditors.
20.1.2. Fail to provide a qualified superintendent, competent workmen or sub-

contractor or proper materials.
20.1.3. Fails to make promptly payment to sub-contractor, workmen or material

dealers.
20.1.4. If the Contractor refuses or fails to prosecute the work, or any part thereof,
such diligence as will ensure its completion within the time specified in this
contract, or any extension thereof, or fails to complete the said work within
such time.
20.1.5. Disregard or violate provisions of the Contract, or Architect’s instructions or

fails to prosecute the work according to the agreed schedule of completion,
including extensions thereof.
21. OWNER’S RIGHT TO PROCEED WITH WORK AFTER TAKE-OVER FROM CONTRACTOR
21.1. USE OF MATERIALS AND EQUIPMENT AT SITE: The Contractor upon receiving notice
of the termination of contract shall vacate possession and deliver the said work, or the
parts thereof, specified in said notice, peaceably to the Owner. All materials, plant,
appliances and other essential equipment as may be needed for the construction of the
projects, shall at the option of the Architect, remain on the work until completed at such
rentals as may be considered reasonable.
In case such materials and/or equipment do not belong to the Contractor, then the
Architect shall have the option to retain them for use in the project as the cost of the
failing Construction, or pay reasonable rent for the use, chargeable against the
Contractor.
21.2. OWNER TO COMPLETE WORK: The Owner shall then take over the work and proceed
to complete the same by administration or otherwise, and use such tools, appliances, and
materials of every description as may be found upon the line of said work, or at point
where materials are built or framed for the work and also procure such other tools and
materials on the line for the completion of work as may required.
21.3. EVALUATION OF COST OF WORK: It is agreed and understood that upon such
termination of this Contract, the Architect will ascertain and fix the value of the work
completed by the Contractor and not paid for by the Owner and of all usable materials on
the line of the work taken over by the Owner at the time of said termination.
21.3.1. In the event that the total expenditures of the Owner on completion of work,
including all charges against the project prior to termination of the contract and
compensation for additional architectural, managerial and administrative
services are not in excess of the contract price, then the difference between
the said total expenditures of the Owner and the contract price may be applied
to settle claims filed, and the balance, if any, may be paid to the Contractor.
21.3.2. No amount in excess of the combined value of the unpaid completed work,
retained percentage and useable materials taken over by the Owner at the time
of the termination of the contract shall be paid, not shall any claims for
prospective profits on the work done after termination of the Contract be
considered or allowed.
21.4. OWNER’S RIGHTS TO RECOVER LIQUIDATED DAMAGES: Neither the taking over by
the Owner of the work for completion by administration nor the re-letting of the same to
another, the Contractor shall be construed as a waiver of the Owner’s rights to recover
damages against the original Contractor and/or his sureties for the failure to complete the
work as stipulated. In such case, the full extent of the damages for which the Contractor
and/or his surety’s liability shall be;
21.4.1. The total daily liquidated damages up to and including the day immediately
before the date the Owner effectively takes over the work.
21.4.2. The excess cost incurred by the Owner in the completion of the project over
the Contract price. This excess cost includes cost of architectural managerial
and administrative services; supervision and inspection from the time the
Owner effectively took over the work by administration or by re-letting it.
22. CONTRACTOR’S RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT
The Contractor may suspend work or terminate contract upon twenty-(20) days written notice to
the Owner and the Architect for any of the following reasons;
22.1. If an order of any court or other public authority caused the work to be stopped or
suspended for a period of ninety (90) days through no act or fault of the Contractor or his
employees.
22.2. If the Architect / or project manager / construction manager should fail to act upon any
Request for Payment within Fifteen (15) days after it is presented in accordance with the
General Conditions of the Contract.
22.3. If the Owner should fail to act upon any Request for Payment or Certificate of Payment
within Fifty (50) days after its certification by the Architect / or project manager /
construction manager.
22.4. If the Owner should fail to pay the Contractor any sum within thirty (30) days after its
award by arbitrators.
23. COMPLETION ON CONTRACTOR’S DEFAULT:
If default shall be made by the Contractor or by any sub-contractor in the performance of any of
the terms of this contract, the Owner without in any manner limiting its legal and equitable
remedies in the circumstances, may serve upon the Contractor and the surety or sureties upon
the Performance Bond or Bonds written notice requiring the Contractor to cause default to be
corrected forthwith. Unless within twenty (20) days after the service of such notice upon the
Contractor such default shall be corrected or arrangement for the correction thereof satisfactory
to the Owner shall be made by the Contractor to its sureties, the Owner may have such default
corrected by contract or otherwise for the amount and at the expense of the Contractor, and the
Contractor and its surety or sureties shall be liable to the Owner for any cost and expense in
excess of the contract price occasional thereby. In such event, the Owner may take possession of
and utilize, in completing the construction of the project, any materials, tools, supplies,
equipment, appliances, and plant belonging to the Contractor or any of its sub-contractor, which
may be situated at the site of the project. The Owner in such contingency may exercise any
rights, claims or demands which the Contractor may have against third persons in connection
with this contract and for such purpose the Contractor does hereby assign, transfer and set over
unto the Owner all such rights, claims and demands.
24. ATTORNEY’S FEE IN CASE OF SUIT
In case the Owner has to resort other courts to protect and enforce its rights hereunder, the
Contractor and his surety or sureties shall be further liable for attorney’s fees and in an amount
equivalent to twenty percent (20%) of the amount involved but not less that Five Thousand Pesos
(P5,000.00) and that venue of such action shall be in the proper Court holding session in.
25. LIENS, DISPUTES AND ARBITRATION
NEITHER THE FINAL PAYMENT NOR ANY PART OF RETAINED PERCENTAGE shall become
due until the Contractor, if required shall have designated to the Owner, a complete release of all
liens arising out of this contract, or receipts in full in lien thereof and, if required in either case, an
affidavit that so far as he has knowledge or information. The release and receipts include all the
labor and materials for which a lien could be filed; but the contractor may if any sub-contractor
refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner to indemnify
this against any liens. If any lien remain unsatisfied after all payments are made, the contractor
shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such
liens, including all costs and reasonable Attorney’s Fees.
26. ASSIGNMENT
26.1. This Contract shall not be assigned in part by the Contractor nor shall any part of the
work be sublet by the Contractor without the prior written consent of the Owner such
consent of the Owner and shall consent not relieve the Contractor from full responsibility
and liability of the work thereunder of the contract.
26.2. The Owner’s consent to any sub-letting of work hereunder shall be granted in any event
until the Contractor has furnished the Owner with satisfactory evidence that the sub-
contractor is carrying sample insurance to the same extent and in same manner as if
herein provided to be by the Contractor.
26.3. If the Contract is assigned or any part thereof, is sublet, the Contractor shall exonerate,
indemnify and save harmless the Owner from and against any and all loss or expense
caused thereby.
26.4. In any case of any such transfer without the previous written consent of the Owner, the
Owner may refuse to carry out the contract either with the transferor or transferee: but all
action for any breach of this contract by the Contractor shall be reserved to and remain
within said Owner.
27. PAYMENTS
27.1. PAYMENTS TO CONTRACTOR: Within the first seven (07) days of each calendar
month, the Contractor shall request partial payment from the Owner for construction
accomplished during the proceeding calendar month furnished in quadruplicate and
certified to by the Contractor, approved by the Owner solely for the purpose of payment.
Provided, however, that such approval shall not be deemed approval of the
workmanship. Only Ninety percent (90%) of each estimate approved is paid for each
month during and prior to the completion of the project. The Contractor shall submit a
detailed a breakdown of the major items as outlined in the accomplished schedule of cost
in the Proposal Form. The approved breakdown will be the basis for payments when
each item is in place or accomplished. Total cost of the detailed breakdown shall be
equal to the contract price.
27.2. DETAILED BREAKDOWN OF CONTRACT AMOUNT: Except in cases where unit

prices from the basis for payment under the Contract, the Contractor shall within Ten (10)
days of receipt of Notice to Proceed, submit a complete Breakdown of Work and
Corresponding Value of the Contract Amount showing the value assigned to each part of
the work, including an allowance for profit and overhead. Upon approval of the
Breakdown of Work and Corresponding Value by the Architect. It shall be used as basis
for all Requests for Payment.
27.3. REQUEST FOR PAYMENT: The Contractor may submit periodically but not more than
once each month a Request for Payment for Work Done. The Contractor shall furnish
the Architect all reasonable facilities required for obtaining the necessary information
relation to the progress and execution of the work, and if required receipts or other
vouchers showing his payments for materials and labor, including payments to sub-
contractors. Each Request for Payment shall be the Breakdown of work and
Corresponding Value, less ten percent (10%) to be retained until final completion and
acceptance of work, and less previous payments. Where until process are specified, the
Request for Payment shall be based on the qualities completed.
27.3.1. In general, no payment shall be made for materials or items not incorporated in
the work. However, exception to this condition may be made in the case of
materials or items, which may require immediate acquisition and compensation
due to import difficulties or storage. In the event of such exceptions, payment
shall be conditioned upon the submission by the Contractor of bills of scale or
such other procedures as will establish the Owner’s title to such material or
item or otherwise adequately protects the Owner’s interest.
27.4. PROGRESS PHOTOGRAPHS TO ACCOMPANY REQUEST FOR PAYMENT: The

Contractor at his own expense shall furnish to the Architect, progress photographs which
shall be taken monthly, starting when the work begins and continuing as long as the work
is in progress, on the outside of the building, from station points designated by the
Architect.
27.4.1. The photographs shall be 6” x 8”. At each period, four (04) exposures shall be
taken on each for the building. Eight (08) prints, matte finish, (two copies for
each exposure) shall be delivered to the Architect and all negatives shall bear
the date of exposure and name of the work.
27.4.2. No partial payment shall be considered for approval without the above-
mentioned prints accompanying the Request for Payment.
27.5. ARCHITECT’S ACTION ON REQUEST FOR PAYMENTS
27.5.1. Within fifteen (15) days after submission of any request for payment by
Contractor, the Architect shall either issue a certificate for payment withhold the
request for payment, he shall inform the Contractor in writing for the reason for
withholding it.
27.5.2. The Certificate of payment shall include the value of work accomplished by the
Contractor during the period covered by the certificate and recommendation to
the Owner for payment in an amount the Architect decides to be properly due.
27.6. CONDITIONS RELATIVE TO CERTIFICATE FOR PAYMENT
27.6.1. The Architect shall estimate the value of work accomplished by the Contractor
using as basis for the schedule stipulated in the breakdown of work and
corresponding value. Such estimates for the Architect shall be submitted to the
Owner for review and approval before it can be taken as a basis for the full
measure of compensation to be received at the time by the Contractor. Such
preliminary estimate of amount and quantity shall not be made by strict
measurement or with exactness, but they may at the option of the Architect, be
approximate only.
27.6.2. No certificate issued nor payment made to the Contractor for partial or entire
use or occupancy of the work by the Owner shall constitute on acceptance of
any work or materials not in accordance with the Contract nor would it imply a
waiver by the Owner of nay courses of action it may have by reason of any
defect or damage than may thereafter appears as provided for in paragraph
“Correction of the Work After Final Payment’ of this General Conditions.
27.6.3. OWNER’S ACTION ON AN APPROVED REQUEST FOR PAYMENT OR

CERTIFICATE OF PAYMENT: Within fifteen (15) days from the date of
approval of a Request for Payment or of issuance of a Certificate of Payment
by the Architect, the Owner shall either: Pay the amount as recommended by
the Architect or pay such other amount as he shall decide is due to the
Contractor, informing the Contractor and the Architect in writing of his reasons
for paying the amended amounts.
27.7. PAYMENT OF CONTRACTOR’S OBLIGATIONS
27.7.1. The Contractor shall pay functionally all workmen employed by him on this
project at such rates; also pay promptly all materials and equipment used by
him on this project, and all taxes from him. He shall remit as required by law all
amounts withheld from the salaries or wages of his employees or workmen.
27.7.2. If required he shall furnish the Owner with a statement sworn before and officer
duly authorized to administer the oath that all persons who have done work or
finished materials under this contract have been fully paid. If such written
evidence is not furnished before the final payment under this contract fails due,
the Owner may pay such lawful claims in whole or in part to the person, firm or
corporation claiming the same, and charged amount thus paid to said
Contractor, who will accept the same payment from amount due this contract.
28. PAYMENT WITHHELD
The Owner or the Architect may withhold payment in whole or in part on an approved Request for
Payment of Certificate of Payment to the extent necessary to protect the Owner from loss on
account of any of a Request for Payment or insurance of a Certificate of Payment.
28.1. Defective work is not remedied.
28.2. Claims filed reasonable evidence indicating probable filing of claims.
28.3. Failure of the Contractor to make payments properly to sub-contractor or for materials
supplied or labors rendered.
28.4. A reasonable doubt that the Contract can be completed for the balance then unpaid.
28.5. Damage to another Contractor.
When the above grounds are removed, payment shall be made for amount withheld
because of them. Should the Owner fail to pay the sum named in the certificate for
payments listed by the Architect or in any award by the arbitration, upon demand when
due, the Contractor shall receive, in addition to the sum named in the Certificate, interest
therein at the legal rate in force at the place of the project.
28.6. Correction of work before final payment.
28.6.1. The Contractor shall promptly remove from the premises all works condemned
by the Architect as failing to conform to the Contract, whether incorporated or
not, and the Contractor shall promptly replace and re-execute his own work in
accordance with the Contract and without expense to the Owner and shall bear
the expense of making good all work of other contractors destroyed or
damaged by such removal or replacement.
28.6.2. If the Contractor does not remove such condemned work within a reasonable
time, fixed by written notice, the Owner may remove them and may store the
material at the expense of the Contractor. If the Contractor does not pay the
expenses of such removal within ten (10) days time thereafter, the Owner may,
upon ten (10) days written notice, sell such materials at auction or at private
sale and shall account for the net proceeds thereof, after deducting all the
costs and expenses that should have been borne by the Contractor.
28.7. Other requirement before final payment.
28.7.1. Certificate of Final Building Occupancy.
28.7.2. Certificate of Final Inspection of Electrical, Telephone, Sanitary, Mechanical,

Water, Gas, Sprinkler System, and other utilities.
28.7.3. Original and three (03) sets of prints “As-Built Drawings” and the working
drawings showing the actual work as contracted.
28.7.4. Three (03) copies of Directory of Panel Boards.
28.7.5. Three (03) copies of Instructions and Manuals for operating and maintaining of
fixtures and equipment.
28.7.6. Three (03) copies of Keying Schedule.
28.7.7. Guarantee Bond equivalent to thirty (30%) percent of the Contract Price
covering a period of one (01) year after Final Acceptance of the Contract Work
and materials installed. The Guarantee Bond shall be in the form of securities
as approved by the Owner. The Guarantee will be required only if the Owner,
upon acceptance of the building, release to the Contractor the Performance
Bond and Payment Bond.
28.8. Acceptance and Final Payment.
The Certificate of Final Inspection and Acceptance by the Architect shall be the basis of
final payment.
28.8.1. The Owner shall then, excepting for causes herein specified, pay to the
Contractor promptly, after execution of the said certificate, the remainder which
shall be found due, excepting therefore, such sum or sums as may be lawfully
retained under any of the Provisions of this Contract;
“PROVIDED THAT FINAL PAYMENT ON THE CONTRACT SHALL NOT BE

MADE UNTIL THE CONTRACTOR HAS SUBMITTED A STATEMENT
SWORN TO BEFORE AN OFFICE DULY AUTHORIZED TO ADMINISTER
OATH, SHOWING THAT ALL TAXES DUE FROM HIM, ALL OBLIGATIONS
FOR MATERIALS AND LABOR EMPLOYED IN CONNECTION WITH THIS
CONTRACT HAVE BEEN FULLY PAID “: And provided further that nothing
herein contained shall be construed to waive the right of the Architect hereby
reserved to reject the whole or any portion of the aforesaid work should be
same be found to have construed in violation of the Drawings and
Specifications or any of the Conditions or covenants of this contract.
28.8.2. The acceptance of the Final Payment shall constitute a waiver of all claims by
the Contractor.
28.9. CORRECTIONS WORK AFTER FINAL PAYMENT
28.9.1. Neither the final certification nor payment nor any provision in the Contract
Documents shall relieve the Contractor of responsibility for the fault materials
or workmanship and he shall remedy any defects thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period of
one (01) year from the date of acceptance of work by the Owner.
28.9.2. Neither the foregoing nor any provisions in the contract documents, nor any
special guarantee limit, shall be held to limit the Contractor’s liability for defects
and damages and the right of the Owner under the provisions of the New Civil
Code, and all applicable laws, regulations and ordinance.
28.9.3. RELEASE OF TEN PERCENT (10%) RETENTION: The amount retained by

the Owner shall be release thirty days (30) after Certificate of the Architect on
the satisfactory Completion and upon acceptance of the Project by the Owner.
29. RELEASE OF LIENS
Neither the final payment nor any part of the retained percentage shall become due until the
Contractor, if required, has delivered to the Owner a complete release of all liens arising out of
this Contract, or receipts in full in lien thereof and, if required in either case, an affidavit that so far
as he has knowledge or information of the release and receipts include all the labor and materials
for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a
release of receipt in full, furnish a bond satisfactory to the Owner, to indemnify him against any
lien. If any lien remain unsatisfied after all payments are made, the Contractor shall refund to the
Owner all money that the latter may be compelled to pay in discharging such liens, including all
costs and a reasonable attorney’s fees.
30. SUBMITTALS
30.1. DETAILED BREAKDOWN OF CONTRACT AMOUNT: Except in cases where unit

prices from the basis for payment under the receipt of notice to proceed submit a
complete breakdown of work and corresponding value of the contract showing the value
assigned to each part of the work. Upon approval of the Breakdown of work and
corresponding value by the Architect, it shall be used as the basis for all requests for
payment.
30.2. NETWORK ANALYSIS SYSTEM: The Contractor shall submit for approval the schedule
of construction work CPM form, within seven (07) days of start of the work, indicating the
approximate date each item will be started and completed. The equipment to be used
and the number of men to be employed to complete it in accordance with his schedule.
The progress of work schedule is at a rate sufficient to complete the Contract in an

acceptable manner within the period of time specified. If it appears that the rate progress
is such that the contract will not be completed within the time limit the Architect may order
the Contractor to take such steps, as he considers necessary to complete the contract
within the period provided.
30.3. TECHNICAL PUBLICATIONS: Within Thirty (30) days after approval of each item of
equipment installed under the terms and conditions of this contract, the Contractor shall
furnish the Owner three (03) copies of all instructions book and/or operation and
maintenance manuals and three (03) copies of all parts lists for all equipment installed
under the terms of this contract.
30.4. GUARANTY/WARRANTY DOCUMENTS: The Contractor shall submit together with the
technical publications stated above a copy of all guaranty/warranty documents on all
items of equipment including those obtained in writing from sub-contractors,
manufacturer’s and suppliers. This guaranty / warranty are in addition to the contractor’s
guaranty / warranty.
30.5. ROYALTIES AND PATENTS: The Contractor shall pay royalties and license fees on all
patented materials and processes that are Contractor furnished. He shall defend all suits
or claims of infringement of any patent right and shall save the Owner harmless from loss
on account thereof.
30.6. SHOP DRAWINGS: The Contractor shall prepare at his own expense and submit to the
Architect with such promptness, making desired corrections. The Contractor shall make
any corrections required by the Architect, file with him two corrected copies. Shop
drawings that shall invariably change the concept of the plan as originally approved by
the Owner shall be subject to the approval of the Architect.
30.7. MANUFACTURER’S DIRECTIONS: All manufactured articles, materials, and equipment

shall be applied, installed connected, erected, used, cleaned, and conditioned in
accordance with manufacturer’s printed directions, unless the specified of the contrary.
Their reference is made to manufacturer’s direction; the Contractor shall submit copies to
the Architect.
30.8. IDENTIFICATION OF EMPLOYEES: The Contractor shall be responsible for furnishing

to each employee engaged in the work to display such identification as may be approved
and directed by the Owner. All prescribed identifications shall immediately be delivered to
the Owner for cancellation upon the release of any employee. When required by the
Owner, the Contractor shall obtain and submit fingerprints of all persons employed or to
be employed on the project.
30.9. PATENT INFRINGEMENT: The Contractor shall save harmless and indemnify the Owner
from any and all claims, suits and proceedings for the infringement or any patents
covering any equipment used in the work.
30.10. COMPLIANCE WITH STATUTES AND REGULATIONS: The Contractor shall comply
with all applicable statutes, ordinances, rules and regulations pertaining to the work. The
Contractor understands that the obligations of the parties thereunder are subject to the
applicable regulations and orders of Government agencies having any jurisdiction in the
premises.
31. TEMPORARY STRUCTURES AND FACILITIES
31.1. TEMPORARY HOUSING FOR WORKERS: provision of temporary housing for workmen
shall be forbidden. Nobody shall be allowed to sleep or cook within the building line of
the project under construction.
31.2. TEMPORARY SANITARY FACILITIES: The Contractor shall provide, construct and
maintain for the duration of the contract, ample sanitary toilet accommodation and other
necessary convenience including water connections for the used of personnel and
laborer on the work, properly secluded from public observations, in such manner and at
such points as shall be approved by the Architect, and their use shall be strictly enforced.
He shall keep such places clean and free from flies, remove all connections and
appliances connected therewith prior to the completion of the contract; and leave the
premises perfectly clean.
30.3. OTHER TEMPORARY FACILITIES constructed by the Contractor for facilities shall be
subject to the approval of the Architect. All temporary construction outside the Owner’s
premises shall be made with the consent of the Owner of the property concerned and
shall not in any way make the Owner liable for any damage caused by the Contractor to
the party. Arrangement with the Owner of the other property for used in their property
shall be the sole responsibility of the Contractor and shall be without cost to the Owner.
31. USE OF COMPLETED PORTION OF THE WORK

The Owner has the right to take possession of use of any completed or partially completed
portion of the work, not withstanding that the time for completing the entire or such portions may
have expired; but such taking possessions and used shall not be deemed and acceptance of any
work not completed in accordance with the Contract Documents. Either shall it be deemed a
waiver by the Owner of the rights to claims for damages due to uncompleted or causes refinishing
of completed work, the contractor shall have entitled to such extra compensation, or extension of
time or both as agreed upon prior to occupancy.
32. PROJECT MANAGER / CONSTRUCTION MANAGER’S STATUS
32.1. The project manager / construction manager shall be the Owner’s representative during
the construction period and he shall observe the work in progress in behalf of the Owner.
He shall have the authority to act on behalf of the Owner to extent expressly provided in
the Contract Documents, or otherwise in writing which shall have the authority to stop
work whenever stoppage may be necessary on his reasonable opinion to insure the
proper execution of the contract. The project manager / construction manager failure or
not ordering the stopping of work does not relieve the Contractor the responsibility of
complying with the Contract Document and the sole responsibility of protecting persons,
on about or adjacent tot he premises where work is being performed against injury and
death, and of protecting the Owner’s property and adjoining property against damage.
32.2. The project manager / construction manager shall decide any and all questions which
may arise as to the quality and acceptability of materials furnished and work performed
and as to the manner or performance and rate of progress of work, and shall decide all
question which may arise as to the interpretation of the drawings and specifications, and
all question as to acceptable fulfillment of the terms of the contract.
32.3. The project manager / construction manager and its Engineering Consultants for the
project shall be solely responsible for their respective design, computation and
Professional Services they rendered in connection with the Drawings and Specifications,
and all questions as to acceptable fulfillment of the terms of the contract.
33. AUTHORITIES AND DUTIES OF THE PROJECT REPRESENTATIVES, RESIDENT

ARCHITECTS, RESIDENT ENGINEERS OR CONSTRUCTION INSPECTORS
33.1. EMPLOYED BY THE OWNER: Technical qualified men referred to as Project

Representatives, Resident Architect, Resident Engineers or Construction Inspectors may
be stationed on the Project to assist the Architect and the project manager / construction
manager in the general supervision and direction of the Work.
33.2. DUTIES: The duties of the Project Representatives, Resident Architects, Resident
Engineers and Construction Inspectors are stipulated in the special provisions of the
Contract.
33.3. DISPUTES: In case of any dispute arising between the Project Representatives,
Resident Architect, Resident Engineers or Construction Inspector and the Contractor,
they shall have authority to reject materials or suspend the work until the question of
issue can be referred to and decided by the Architect / project manager / construction
manager.
Nothing in the provision of this Contract will relieve the Contractor from the responsibility
of performing the work in accordance with the Drawings and Specifications and Contract
Documents.
34. SPECIAL CONDITIONS
34.1. TAXES, LICENSES, PERMITS AND FEES: All taxes, licenses, permits and fees which
may due to the local and/or National Government on account of the performance and
completion of the work stipulated herein and fees for testing of materials and specimens
shall be paid for and obtained by the Contractor, to be refunded by the Owner.
34.2. LIGHT, POWER AND WATER: The Contractor shall furnish temporary water, light and
power, complete with connecting piping, wiring, lamps, meters, and similar equipment as
required for the work. The Contractor shall install, maintain and remove his temporary
lines upon completion of the work. The Contractor shall pay all expenses in connection
with temporary services and facilities.
34.3. STORAGE SHEDS: The Contractor shall provide and maintain on the premises where
directed, watertight storage sheds for all materials, which might be damaged by weather.
34.4. TEMPORARY TOILETS: The Contractor shall install and maintain in a sanitary condition
suitable toilet and urinal for use of workmen. These toilets shall be located in a location
approved by the Owner and connected to existing sewers, when feasible, or may be of
chemical type.
34.5. TEMPORARY OFFICE AND CONTRACTOR’S BUILDING: The Contractor shall at all
times provide and maintain adequate watertight temporary office with water, light,
telephone and toilet facilities for the use of the Architect, resident engineers, inspector,
contractor and sub-contractors. This office shall be provided with wooden floor raised
above the ground, windows, doors and locks, tables, closet, blackboards, benches and
racks for drawings. One room of approximately twelve (12) square meters shall be
provided for the Architect’s use.
34.6. TEMPORARY BARRICADES AND GUARD LIGHTS: The Contractor shall furnish and
put all temporary barricades and guard lights necessary for protection, proper
prosecution and completion of work. The guard lights at the top of the falsework tower,
barricades, railings, etc. shall be provided and maintained by the Contractor throughout
the prosecution of the project.
34.7. TEMPORARY WATER, POWER AND TELEPHONE FACILITIES: The Contractor shall
make all necessary facilities for water, power and telephone sufficiently provided till the
completion of the work. The Contractor shall pay all expenses incurred in connection
therewith.
34.8. TEMPORARY SIGNS: No signs or advertisements shall be allowed to be displayed

without the Architect’s approval. The Contractor may erect one painted sign as approved
by the Architect, Contractor and various sub-contractors. The Architect shall approve
size, color and lettering and sign location.
34.9. TEMPORARY ROADWAYS: The Contractor shall construct and properly maintain
temporary roadways within and adjacent to site in order to provide proper access to the
building. Temporary roadways shall adequately sustain loads to be carried on them and
be so constructed as not to endanger existing or newly installed underground structures.
34.10.TEMPORARY STAIRS, LADDERS, RAMPS AND RUNWAYS: The Contractor shall

furnish and maintain all equipment such as temporary stairs, ladders, ramps, scaffolds,
runways, derricks, chutes and the like as required for proper execution of work by all
trades. All such apparatus, equipment and construction shall meet all requirements of
Labor Law and other laws applicable thereto.
34.11.TEMPORARY ELEVATORS AND HOISTS: The Contractor shall install and operate an
adequate number of hoist and elevators. No hoist shall be constructed at such locations
as will interfere with or affect construction of floor arches (or work of other contractors).
They may be located at exterior sides of structures and extend upward adjacent to line of
window openings. They shall be located at a sufficient distance from exterior walls and be
so protected as to prevent damage, staining or marring the permanent work.
34.12.TEMPORARY ENCLOSURES: The Contractor shall provide temporary weather tight

enclosures for all exterior openings as soon as walls and roof are built to protect all work
from weather. All exterior doors shall be equipped with self-closing hardware and
padlocks. All exterior windows shall be provided with temporary sash frames securely
fastened in place but removable when required. Such sash frames shall be covered in
approved manner.
34.13.TEMPORARY OR TRIAL USAGE: Temporary or trial usage by the Owner of any

mechanical device, machinery, apparatus, equipment, or any work or materials supplied
under Contract before final completion and written acceptance by the Architect shall not
be construed as evidenced by the Architect’s acceptance of same.
The Owner shall have privilege of such temporary or trial usage for such reasonable
length of time as the Architect shall deem to be proper. The Contractor shall make no
claim for damage for injury to or breaking of any parts or by defective materials or
workmanship.
34.14.REMOVAL OF TEMPORARY STRUCTURES: The Contractor shall remove all temporary

work from premises erected by him and shall clean the premises as a condition for
completing the work and before acceptance of the work by the Owner.
35.15.LIGHTS, GUARDS, SIGN: The Contractor shall provide such lights, guard, temporary
fences and warning signs as may be necessary for safety, during all the time from the
executions of the contract until the final acceptance of the work, and shall be responsible
for the installation and maintenance of light, guard, fences and warning signs.
35.16.REPAIRING INJURED WORK: All portions of the work that may be broken or injured by
accident or in the coarse of or an account of building operations, or by reason of any
other cause whatsoever during the progress of the work, shall be carefully and neatly
repaired or reconstructed and the whole left in first-class condition and turned over to the
Owner ready for use.
Should any part of the work of this contract be cut into or damaged by other contractors,
the Contractor and party causing such damage shall make adjustments between
themselves relative to reconstruction or repairs and payment for it.
35.17.DURATION AND LIQUIDATED DAMAGES: Time is the essence of this Agreement and
delays in the construction work shall be subject to liquidated damages. Each day of
delay, excluding delays caused by fortuitous events shall be subjected to liquidate
damages of one-tenth (1/10) of one percent (1%) of the contract price. The Owner may
deduct the said liquidated damages from any sum due to become due to the Contractor.
35.18.OPTION OF OWNER TO SUPPLY MATERIAL: The Owner, at his option may supply
particular materials related to the contract provided that the Owner supplied materials are
not below the quality set upon in the contract or the general standards of construction.
The Owner shall inform the Contractor prior to the scheduled installation of such
materials and deduct the Contract Cost from the Contractor’s billing.
The Contractor may not allow the Owner to supply specific materials provided that the
Contractor will show reasonable causes.
35.19.PERMITS, TAXES AND SURVEYS
35.19.1. PERMITS AND LICENSES: All construction permits, fees, licenses, taxes and
easements of a temporary and permanent nature necessary for the
prosecution of the work should be secured and paid for by the Contractor,
who shall solely be responsible should there be any delay, by reason of his
failure to comply with the provisions of this clause. The Owner may however
reimburse the cost of the building permit if specifically stipulated in the
instruction of the Owner or the Architect.
36.19.2. TAXES: Wherever the law of the place of the building requires a sale,
consumers use, or other similar tax, the Contractor shall pay such tax.
35.19.3. CONSTRUCTION STAKES AND REFERENCES MARKS: The Owner will

furnish the Contractor information to help establish lines, restrictions and
benchmarks. All other grades, lines, level, and benchmarks shall be
established and maintained by the Contractor who shall be responsible for the
same.
35.19.3.1. The Contractor shall verify all grades, lines, levels and
dimensions as indicated in the drawings. He shall report any
error or inconsistency to the Architect before commencing work.
35.19.3.2. The Contractor shall provide and maintain well-built batter

boards at all corners. He shall establish bench marks in not less
than two widely separated places. As work progresses, he shall
establish benchmarks at each floor giving exact levels or various
floors.
35.19.3.3. As work progresses, the Contractor shall lay out exact location of
all partitions as a guide to all trades.
35.20.4. SERVICES OF LICENSED SURVEYOR: The Contractor shall pay for

services of licensed surveyor who shall make all required surveys for
establishing a boundary lines, for fixing and locating all column center, piers,
walls, pits, trenches and pipe work, culvert work, utility lines and other wise
fully and completely laying out all work required by the Contract.
35.20.4.1. The Contractor shall furnish certifications for licensed surveyors

that all portions of work are related in accordance with Contract
requirements and at elevations required thereby.
35.20.4.2. The surveyor shall promptly verify and certify to lines and levels
of any portions of subdivision of work at any time it may be
deemed necessary by the Architect. The Architect shall certify
any deviation from the Drawings within twenty-four (24) hours of
discovery.
35.20.5. STATUS OF SURVEYOR: The Surveyor selected for the purpose shall be
subject to the Architect’s approval. He shall not be a regular employee of the
Contractor, nor shall he have any interest in the Contract. He shall not be
employed by the Contractor in laying out any work, it is being intended that
surveyor’s certification shall represent an independent and disinterested

certification of such layout.
35.20.6. FINAL CERTIFICATION: Final certificate shall be submitted upon completion

of the work, upon completion of any section of work, if required by the
Architect, and before final payment is made. Any exception or deviation from
the Drawings shall be noted on final certificate and there shall be included any
map, lot, note and the like necessary in the opinion of the Architect to
constitute a full and complete work.
36. DETAILS, DRAWINGS AND INSTRUCTIONS
36.1. SUPPLEMENT DRAWINGS AND INSTRUCTIONS: The Drawings referred to in these

specifications will be further supplemented by necessary additional detail drawings and
instructions essential to the proper interpretation of the Drawings and the proper
execution of the work. The Architect shall furnish with reasonable promptness such
additional detail drawings and instructions. All such additional detail drawings and
instructions shall be consistent with the Contract Documents thereof and reasonably
inferable therefrom. All such additional drawings and instructions are to be considered as
equal force as those which originally accompany with such detail drawings and
instruction, and the Contractor shall do no work without proper drawings and instructions.
36.2. SCHEDULE FOR SUBMISSION OF DETAIL AND SHOP DRAWINGS: The Contractor
and the Architect, if either one so requests, shall jointly prepare a schedule subject to
change from time in accordance with the progress of the work, fixing the dates at which
the various detail drawings will be required and the Architect shall furnish them in
accordance with that schedule. Under like conditions and schedule of the shop drawings,
for the beginning of manufacture and installation of materials and for the completion of
various parts of work.
37. SHOP DRAWINGS
37.1. CONDITIONS IN THE PREPARATION OF THE SHOP DRAWINGS: The Contractor

shall prepare at his own expense and submit with such promptness as to cause no delay
to his own work or in that of any other contractor doing work on the same building, two
copies of all shop or setting drawings, templates, patterns and models, as well as
schedule required for the work of various trades, and the Architect shall pass upon them,
with reasonable promptness, making desired corrections. The Contractor shall make any
corrections required by the Architect, file with him two corrected copies and furnish such
other copies as may be needed.
37.2. CHECKING DRAWINGS OR SUB-CONTRACTORS: Before submitting shop drawing for

approval, the Contractor shall check drawings of all sub-contractors for accuracy. He
shall see that all work indicated on shop drawings are accurately and distinctly illustrated
and that work shown is in conformity with Contract Requirements.
37.3. IDENTIFICATION: Shop drawings shall be numbered consecutively and represent;
37.3.1. All working and erection dimensions.
37.3.2. Arrangements and sectional views.
37.3.3. Necessary details, including complete information for making connections with
other work.
37.3.4. Kinds of materials and finishes.
Shop drawings shall be dated and should contain, (a) name of project, (b)
descriptive names of equipment, materials and classified item numbers, (c)
location at which materials or equipment are to be installed in work.
37.4. LETTER OF TRANSMITTAL: Submission of shop drawings shall be accompanied by

letter of transmittal in duplicate, containing name of project, Contractor’s name, name of
drawings, titles and other pertinent date.
37.5. CORRECTIONS, CHANGES AND VARIATIONS: The Contractor shall submit three (03)
sets of prints of shop drawings to the Architect for approval. Satisfactory shop drawings
will be so identified by the Architect, dated and one (01) copy thereof returned to the
Contractor. Should shop drawings be disapproved by the Architect, one set of such shop
drawings will be returned to the Contractor with necessary correction and changes to be
made as indicated.
37.5.1. The Contractor shall make required corrections and changes and shall
resubmit shop drawings in duplicate until the Architect’s approval is obtained.
37.5.2. Upon receipt of approval, the Contractor shall insert date of approval on
tracings and promptly furnish the Architect with three additional prints of
approved drawings.
37.5.3. No work called for by shop drawings shall be executed until the Architect’s
approval is given.
37.5.4. If shop drawings show variations from Contract requirements because of

standard shop practice on other reasons, the Contractor shall make specific
mention of such variations in his letter of submittal.
37.6. RESPONSIBILITY FOR ACCURACY: Approval of shop drawings will be general. It shall
not relieve the Contractor of responsibility for accuracy and such shop drawings, not for
proper fitting and construction work, for furnishing of materials or work required by the
Contract and not indicated on shop drawings. The Architect’s approval of such drawings
or schedule shall not relieve the Contractor from responsibility for deviations from
drawings or specifications, unless he has in writing, called the Architect’s attention to
such deviations at the time of submission and secure his written approval, not shall it
relieve him from responsibility for errors of any sort in shop drawings or schedules.
38. ARBITRATION: All disputes, claims or questions subject to arbitration under this contract shall
be settled in accordance with this provision.
38.1. Notice of the demand for arbitration of a dispute shall be filed in writing with the other
party to the contract, and a copy filed with the Engineer. The demand for arbitration shall
be made within a reasonable time after the dispute has risen; in no case however, shall
demand be made later that the time of final payment, except as otherwise expressly
stipulated in the contract.
38.2. When formal arbitration is requested, a board of Arbitration shall be formed in the
following manner. The Owner and the Contractor shall each appoint one member of this
board and these members shall appoint a third member who shall act as chairman. No
one with a financial interest in the subject under the arbitration will be permitted to serve
on this board. Decisions of the board shall require only a simple majority and all
interested parties shall be informed thereof. Both parties shall pay expenses with the
agreement set forth before the proceedings, of the board.
38.3. It is mutually agreed that the decision of the arbitrators shall be a condition precedent to
any right to legal action that either party may have against the other. The Contractor shall
not cause a delay of the work during any arbitration proceedings, except by agreement
with the Owner.
39. DRAWINGS ACCOMPANYING SPECIFICATIONS: The following drawings accompany the

Specifications and are part thereof:
- End of Document -

Definitions CONTRACT DOCUMENTS: The Contract Consists of The Following Documents, Including

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Definitions CONTRACT DOCUMENTS: The Contract Consists of The Following Documents, Including

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PROPOSED RESIDENTIAL PROJECT

MR. & MRS ALESSANDRO JOSE GONZALEZ ANNEX A

2. EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

transportation and incidental necessary to prosecute the work to completion and

2.2. SPECIFICATIONS AND DRAWINGS

2.2.1. In case of discrepancy, either in figures, in the drawings, or in the specifications,

2.2.2. Omissions from the drawings or specifications or the mis-description of details of

3. DIFFERING SITE CONDITIONS

4.1.1. In the specification (including drawings and design).

5.2. SUPERINTENDENT AND SUPERVISION: The Contractor, if he supervise the work

5.10. INCREASE OR DECREASE QUANTITIES OF WORK: Adjustment or drawing to suit

5.11. CHANGES IN THE WORK

5.11.1. CHANGE ORDERED BY OWNER: The Owner at any time without

5.11.2. CHANGE OF SUB-SURFACE CONDITIONS: If during the progress of the

1. By estimate and acceptance in lump sum.

5.11.5. PERIOD FOR WHICH CLAIM FOR ADJUSTMENT HAS TO BE ASSERTED:

5.11.6. CHANGES ORDERED BY THE ARCHITECT: In giving instructions, the

5.11.7. AWARD OF EXTRA WORK TO OTHER CONTRACTOR: In case any extra

6. TIME OF COMPLETION OF WORK

6.4.1. Should the Contractor be obstructed or delayed in the prosecution or completion

6.4.2. The WRITTEN CONSENT OF THE BONDSMEN must be attached to any

6.5. LIQUIDATED DAMAGES: It is understood that time is an essential feature of this

7. PROTECTION OF WORK AND OWNER’S PROPERTY

8. PROTECTION OF ADJACENT PROPERTY AND EXISTING UTILITIES

8.1. CONTRACTOR’S SOLE RESPONSIBILITY: The Contractor shall adequately protect

9. PROTECTION OF LIFE, WORK AND PROPERTY DURING AN EMERGENCY

AUTHORIZED TO CONTRACTOR: In an emergency affecting the safety of life or of the work or

10. EQUIPMENT AND MATERIALS

10.2.1. QUALITY OF EQUIPMENT: In order to establish standards of quality, the

10.2.1.1. The Contractor shall furnish a complete list of proposed

10.2.2.1. This submission shall be compiled by the Contractor and approved

10.2.2.4. If shall be the responsibility of the Contractor to ensure that items

10.2.2.5. Where equipment requiring different arrangement of connections

10.3. MATERIAL FURNISHED BY THE CONTRACTOR

10.3.1. MANUFACTURERS AND DEALERS: Names of proposed manufacturers and

10.3.2.1. All transaction with manufacturers or subcontractor shall be

10.3.2.2. No asking for prices on materials, the Contractor shall provide

10.3.3.1. Unless otherwise specified, three samples shall be submitted

10.3.3.2. Each sample shall be labeled, bearing material name and

10.3.3.3. Where specifications require manufacturer’s printed installation

10.3.3.4. A letter of transmittal in triplicate from the Contractor requesting

10.3.3.5. Transportation charges to the Architect’s office must be prepaid

10.3.3.6. Materials shall not be ordered until approval is received in writing

10.3.4. TRADE NAME OF MATERIALS AND SUBSTITUTES

10.3.4.1. Whenever item or class of materials is specified exclusively by

10.3.4.2. No substitute shall be made for any material, article or process

10.3.4.3. Materials and articles installed or used without such approval

10.3.4.4. Samples of materials for use in reinforced concrete work such as

10.3.5. TESTING SAMPLES OF MATERIALS: The Contractor shall submit to the

10.3.6. QUALITY OF MATERIALS: Unless otherwise specified, all materials shall be

10.3.7. STORAGE OF STOCKPILING OF MATERIALS

10.3.7.1. The Contractor shall allot suitable space to sub-contractors for

10.3.7.2. All cement and other materials affected by moisture shall be

10.3.7.3 Should it be necessary at any time to move materials, sheds or

10.3.8. DEFECTIVE MATERIALS: All materials not conforming to the requirements of

10.3.8.1. The apparent silence of the Specifications, Drawings, Special

10.3.8.2. Failure or neglect on the part of the Architect, or any of his

discovered at any time prior to the final acceptance of the work

10.4. MATERIALS FURNISHED BY THE OWNER

11.1. ACCIDENT PREVENTION

12.3. APPROVAL OF SUB-CONTRACTORS: The Contractor shall be, as soon as practicable

13. SEPARATE CONTRACTS TO OTHER CONTRACTORS

13.2. CONTRACTOR - SEPARATE CONTRACTORS RELATIONS: