Professional Documents
Culture Documents
PARTIES:
PRIMEHOMES REAL ESTATE DEVELOPMENT INC., client situated at #140
MARIUS ACROPOLI BLDG. SECOND FLOOR ST. IGNATIUS KATIPUNAN
QUEZON CITY, PHILIPPINES, hereinafter referred to as the "CLIENT”.
- and -
RECITALS:
C. CONTRACTOR has offered to undertake the Works and CLIENT has accepted
the offer subject to the terms and conditions set forth hereunder.
IT IS HEREBY AGREED:
1.1 It is understood that the following documents marked as Annexes shall form
integral parts of this Contract:
1.3 In case of conflict between the mentioned Annexes and any provision of this
Contract, the latter shall prevail.
2.1 The scope of works shall include the supply of labor, materials, tools, and
equipment and technical supervision to implement, execute and complete the Works
strictly in accordance with and without deviation from the design, plans and
specifications duly approved by CLIENT.
2.2 CONTRACTOR shall carry out the Works exercising all reasonable skill, care,
diligence, and good judgment in the performance thereof and shall complete the
Works in a professional manner in accordance therewith with sound engineering
practice and the highest standards of workmanship known for similar kinds of work.
--NOTHING FOLLOWS--
3.3 Special door locksets like electronic door locks shall be provided by CLIENT.
3.4 Accessories at waiting and reception area like displays and like, sofa, carpet, TV,
plants shall be provided by CLIENT.
3.6 Non-compliance to the Fire Code of the Philippines such as fire exit access and
the likes, the contractor is not liable for any property and life damages resulting from
blocking of fire exit access.
4.1 In consideration of the true and faithful performance and completion of the
Works, CLIENT shall pay the CONTRACTOR TOTAL CONTRACT PRICE PHP
264,314.40
5.1 CONTRACTOR shall complete the Works within Ten (10) working days
(excluded Sunday and Holidays) from receipt of Notice to Proceed from CLIENT. To
ensure continuity of the Work without interruption, CONTRACTOR shall provide the
necessary provisions for both its workforce and equipment.
5.2 All defective works discovered by the CLIENT in the course of the construction
until the date of occupancy shall be promptly made good, repaired, remedied,
restored, corrected and rectified by the CONTRACTOR at its expense within seven
days from such discovery or within such reasonable period as may be mutually
agreed upon by the parties, at the option of the CLIENT.
5.3 All unsuitable, sub-standard, and poor-quality construction materials and works
shall be rejected by the CLIENT and the CONTRACTOR and shall be promptly
made good, remedied, corrected, rectified, and replaced by the CONTRACTOR at its
expense, notwithstanding that such works and materials were overlooked by the
CLIENT.
5.4 Upon completion of the Works, CONTRACTOR shall give notice to CLIENT and
the latter shall have ten (10) days from receipt of such notice to accept or reject the
Works. If the Works are accepted, a Certificate of Final Acceptance and Turnover
shall be issued by CONTRACTOR signed by CLIENT. In case of rejection,
CONTRACTOR shall have ten (10) days within which to replace the defective
materials and/or rectify the works and thereafter, give notice of the same to CLIENT
for inspection and approval.
ARTICLE VI – CHANGES AND REVISIONS IN THE WORKS
6.1 Any additional and/or change orders to the plan and specifications shall be
charged accordingly. The quotation / cost of which shall be presented first to the
CLIENT for approval. Such additional/change order shall have a corresponding time
period for construction / purchase / installation which shall extend / adjust the overall
construction period.
7.1 The Works shall at all times be the subject to inspection by CLIENT or its
authorized representatives. CLIENT shall have the right to inspect the progress of
the Works to see that the same is done in accordance with the sound and
acceptable practices.
8.1 Delay caused by "force majeure" or fortuitous events including but not limited to
war, hostilities, whether war be declared or not, invasion, act of foreign enemies,
rebellion, revolution, insurrection, military or usurped power, civil war, strikes,
earthquake or other occurrences beyond the control of man, shall be considered to
be permissible delays and shall be excluded in the counting of delay provided that
CONTRACTOR is free of any negligence or fault and has exhausted all remedies to
correct, forestall or minimize the delay.
8.2 Changes in design, plans, and specifications approved by CLIENT which causes
delay without the fault of CONTRACTOR shall be considered permissible delays.
ARTICLE IX – CLAIMS, LIEN AND ENCUMBRANCES
9.1 CONTRACTOR binds itself to protect and hold CLIENT free and harmless from
any suit of liability resulting from claims of any nature, whether for death, injuries or
damages that may be suffered by CONTRACTOR’S workers and/ or by third parties,
arising from or in connection with the performance of Works.
10.1 All claims, disputes, and other issues in connection with this Contract shall be
discussed by the contracting parties, in a most friendly way, for the purpose of
amicable settlement. Otherwise, the same shall be submitted for arbitration in
accordance with the arbitration rules of the Construction Industry Authority of the
Philippines.
10.2 It is expressly agreed that any arbitration proceedings shall not disrupt nor
impede the Works’ progress.
10.3 VENUE of COURT ACTION - Should any dispute arising from the contract shall
be resolve amicably, if necessary, otherwise the parties hereby agree that the venue
thereof shall be the proper court of Quezon City, Philippines.
11.1 All works included in the contract have 6 months warranty upon turnover of the
project.
11.2 CONTRACTOR shall be exempted from any liability in case of its failure to
perform or to comply with its obligation on account of fortuitous events or force
majeure that are beyond its control.
_________________________ ___________________________
(NAME) AR. LLOYD ALFRED V. PARAS