CONSTRUCTION CONTRACT This Contract the Contract) made and entered into tis_day of 2021 in City . Philippines, by and between: . with an official address of Tay of ; (hereinafter refer to as the "OWNER™) -and- . 2 corporation duty ‘organized and existing under the laws of the Republic of the Philippines with an office and sddress at represented herein by its PRESIDENT. Gaby eatharined fee Bits purpose (herescitet refer to as the “CONTRACTOR™)| - WITNESSETH That - WHEREAS, the OWNER intends to construct PROPOSED (hereinafter referred to as the Project) WHEREAS, the Contractor has represented and warranted to the OWNER to be fully experienced, technically and financially competent, capable to perform the required works in strict accordance upon request of the Owner WHEREAS, the OWNER has appointed Mr. as its Representative to Monitor the Progress of the Project NOW, THEREFORE, the parties hereto mutusily agree as follows: Article | SCOPE OF WORK A The CONTRACTOR shail furnish all the materials, labor, tools and equipment, management and technical supervision necessary for the completion of the {the Works"), as described in detail in the Billof Quantities, which shalinclode but not be limited to the following; INCLUSIONS Section i: GENERAL AND PRELIMINARIES Note; Alllcosts and charges for acquisition of Locational Clearance, ‘Building Permits and other Licenses shall be bore by the Gwe.i Structural Works > Architectural Works / Finishes. & Electrical and Auxiliary Works: » Plumbing Works EXCLUSIONS Article 2 CONTRACT DOCUMENTS A. The Works shall be performed in strict accordance with this Contract and with the following documents (the Contract Documents’) all of which are incorporated herein as integral part hereto, to wit: @ This Contract (i) Pricing Document (Bill of Quantities) B. The documents which hereinafter may be mutually agreed upon between the Owner and the Contractor and duly signed by both of them, whether prepared before or after signing of the Main Contract Documents, shall likewise form part of the Contract Documents. GC. The Contract Documents shall be complementary with each other, and what is called for or prescribed by one shall be considered as if called for or prescribed by all. In case of any discrepancy, between, or of any defective description, errors,omissions or ambiguity in any of the Contract Documents. the Contractor shall promptly submit the matter in writing to the Owner which shall, within a ressonabletime, Tes pond thereto likewisein writing. The parties shall resolve such matter or issue amicablyand with mutual agreement. D. The Owner shall have the right to supply te the Contractor fromtime to time during the progress of the Works, such additional instructions and documents as it may deem necessary for the proper and adequate execution of the Works. E. Order of Preference In the event of an inconsistency between the provisions herein and the other Contract Documents, the inconsistency shaill be resolved by giving preference to all related documents in the following order: . This Contract . Technical Specifications . Plans and Drawings Preing Documents (Gil of Quantities) fooArticle 3 PERFORMANCE PERIOD A. Timeis ofthe essence in this Contract. Hence. the Works shall be completed by the Contractor within (_) calendar days (Sundays and Holidays included) B. The time frame stated herein shall include demobilization, final dean-up and tummover of the Works to the OWNER. C. The Contractor shall notbe liable for any delay caused by force majeure of the faulter negligence by. the Owner. Article 4 CONTRACT PRICE A. Forand inconsideration of the services to be performedby the Contractor hereunder and the timely completion of the Works, the Owner shall pay the Contractor a lump sum amount of Philippine Pesos: and. 00100 (2) ONLY. - The Contract Price shall be deemed to include all costs to the Contractor for labor, construction tools /equipment, formworks, installston, overhead, profits, andis spectically inclusive of, but not limited to all costs necessary tocomplate the Works, subject to the Exclusions under Article t hereot B. Should the Owner require the Contractor to perform work over and above what is stipulated herein, or omit any work required hereunder, the cost of additional andlor omitted work shall be added to or deleted from the Contract Price and be computed based on the unit price stated in the Bill of Quantities Article 5 ADVANCE PAYMENT AND PROGRESS PAYMENTS A The Owner shall pay the Contractor 3 downpayment of Philippine Pesos e J which is equalto thirty percent (20%) of the Contract Price and shall be teleased to the Contractor upon issuance of Notice to Proceed B. The following provisions shall govern payments to the Contractor, to wit (Q Progress payments will be made 2s work progresses based on actual workaccomplishment and/or quantities of materials installed as determined and agreed by and between the Owner Representative and the Contractor, provided that the evaluation by the Owners Representative shalllbe done within____(_) days from submission by the Contractor of its progress billing, Payments shall be made by the Owner within () days from the receipt of such certification. (i) Inmaking such progress payments, the Owner thru her Representative shall do the following {i} make a prosata deduction of the denpayment. C. Inthe event that the Gwner. without justifiable cause. falls to pay any due payment hereunder, the Contractor may cease work withoutbreach pending payment, but only after the laose of __(_} days from the Owners receipt ofa demand to pay from the Cortractor. The Gontractorreserves the right to institute the appropriste legal action for the recovery of any unpaid due and demandable amount.Article 6 REPRESENTATIONS AND WARRANTIES ‘The Contractor represents and warrants A. That itis fully aware of all Contract Documents mentioned in Article Il of the Contract, thatit has read and understood the same and has fully onented and acquainted itself with all the technical aspects and requiements of sat documents; and that tf capable of executing and wil execute the entire Works in accordance therewith and at the place hereinabove agreed 8. That it will (a) hire sufficient tectnical and adequately skilled personnel necessary to complete the Works at the rates of compensation, working hours and conditions not less favorable than the general average and practice of the industry: (b) pay their compensation, wages and other legal claims on time: and {c) iby reason of any failure to pay and the Owner has tomakepayment. the Contractor shall immediately reimburse the Owner accordingly. . That the Contractor wamants that the Works were prepared and undertaken or will be done in the highest standard of workmanship, integrity and reliability. That the Contractor further warrants the Works against defects in workmanship, the Contractoragrees to undertake thenecessary repairs for such defects, at its account and expense. Inthe eventhowever, thatany defectattributable tothe materials used and not to workmanship shall be discovered and made known tothe Gontractorduring Months Period, the Owner shail notify the Contraior of such defect and the Contactor will evaluate and undeniake the correction of repair theteof, the expense for which shall be mutually agreed upon by the Owner and the Contractor. Article 7 RESPONSIBILITIES OF THE CONTRACTOR A. The Contractor shall complete the Works strictly in acoordancewith the Contract Documents. The Contractor warrants theintegrity and reliability of the Work and their confonrity with the highest standard of aafety, workmanship, appropriateness for use in the Project, taking into consideration of the Project's size, Ibcation, purpose, design and durability. The Contractor shall provide everything necessary or appropriate, including labor, and construction equipment, for the proper accomplishment and completion of the Works in strict accordance with the true intent and meanng of the Contract Documents referred to in Article II taken together, whether the same may or may not be particularly shown in the drewings or described in the specifications | Provided that, the samecan be reasonably inferred therefrom, Provided further that, if the ‘Contractor finds any discrepancies in the drawings or between the drewings and the specifications, the Contractor shail immediately refer the same to the Owner thru the Representative who shail finally decide ‘on which shall be followed. 8. The Contractoris an independenteontracior. Itis not an employee of the Owner. Neither shall the personnel or workmen of the Contractor be deemed employees the Owner. Hence, the Owner shall not in any way be liable or responsible for any and all unpaid wages or compensation, of personal injunvies) of damages, including desth, sustained or caused by any ofthe employees of the Contactor. The Contractor shail St all times, be directly responsible and liable for the enforoementof, and compliance wrth all existing ews, rules and regulations partcularly in respect of any and all claims brought about by its personnel for the enforcement of the provisions of the Laibor Code of the Philippines and other pertinent labor and social legislations. The Contractorlhereby holds the Owner free and harmless from any and all such claims and liabilities Any liability of the Contractor under this Artide shall notextend t the employees, workmen, or staff ofthe subcontractors who shall individually be directly responsibie for any and all damages, including death, sustained or caused by any of their respective employees c. ‘The Contractor shall indemnify the Cewner for whateverinjuries or damages thatthe Owner willsufie: 85.4 result of the negligent or deliberate acts of the employees of the Contractor. The Contractor shall strictly comply with the agreed-upon House Rules during Construction.E. All wasted materials and consumables attributed to unacceptable workmanship or wrong execution of plans. specication and instruction given by the Ovmer shall be chargeable te the acoourt of the Contractor. Article & ‘CANCELLATION OF CONTRACT In the event that the Contractor stops or delays or suspends the agreed Works for 2 continuous period of two (2} weeks due tots fault or negligence, the Gwner shall be entitled to cancel the Contract without premium or penalty and thus engage theservioes of another Contractorto finishthe workwithin the original time schedule agreed herein. Provided however, that () the Owner senves a five-day prior written notice thereof, and (i) that the Contractor shall be paid for whatever works that has been completed to the satisfaction of the Owner in accordance with the Contract. Article 9 PROGRESS REPORT The Contractor shall submitto the Owner thru her Representative a Progress Reports on a weekly basis a5 3 reference for the Progress Billing Article 10 INTEGRATION; AMENDMENT The Contract Documents contah the entire agreement and understanding between the Owner and the Contractor as to the subject matter thereof, and the same supersede any and all previous agreements between the parties hereto. Noamendment or modification of any of the provisions of this Contract shall be binding upon the Parties unless made in writing signed by the duly authorized representative of both parties Article 14 EFFECTIVE DATE Unless otherwise specified and agreed to by the parties herein, this Contract and all of the provisions contained herein shal be considered fully effective on the Tth day from receipt of Owner's Letter of Award Notice to Proceed, regardless of the date this Contract is signed. Article 12 ARBITRATION In any and all circumstances, the parties shall assist each other with faimness, equity and efficiency in overcoming their difficulties for the satisfactory performance of their respective obligations under this Contract. All disputes, controversies, or differences which may arise between the parties in relation to or in connection with this Gontractshalllbe settied amicably otherwise the same shall be settled by arbitration pursuant to Executive Order Ne. 1008, othenwise known as the Construction Industry's Arbitration Law.ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES ) BEFORE ME, a Notary Fublic in and for City of Laguna, personally appeared: PLACE & DATE NAME WALID ID. NO. OF ISSUE eur Validity: I kopwn to me and by me known to be the same persons who executed the foregoing instrument and they acknowledged to me thatthe same is their free and voluntaryactand deed and the free and voluntary act and deed of the companies which they respectively represent. IN TESTIMONY WHEREOF | have hereunto setmy hand and affixed my notarial seal this day of a NOTARY PUBLIC Until Issued on Issued at