Module3 Agreement

Writing Exercise Guide

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.

 Filling-up the Preamble

Note:
This line will be
filled up when
the document is
notarized

Note:
1. Input here the Owner’s name. Is the Owner a
natural or juridical person? If a natural person
or persons, is the Owner a single person,
spouses or just one of the spouses (married to),
widow or widower? If a juridical entity, is the
Owner a partnership or a corporation? Who
represents the juridical entity

2. Then input the name of the architect and

his/her other information.

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.

 Formatting information on the Owner and
Architect
Party Format

Spouses as Owner {fill in} and {fill in}, both of legal age and {fill in} Citizens with postal address at
{fill in}, hereinafter referred to as the OWNER
Single Person as {fill in}, of legal age, single, {fill in} Citizen, with postal address at {fill in},
Owner hereinafter referred to as the OWNER
Just one of the {fill in}, of legal age, {fill in} Citizen , married to {fill in}, with postal address at
Spouses as Owner {fill in}, now and hereinafter referred to as the OWNER
A widow or widower {fill in}, of legal age, {fill in} Citizen , widow/er and a resident of {fill in},
as Owner hereinafter referred to as OWNER
Corporation as {fill in}, a corporation duly organized and existing under and by virtue of the
Owner Philippine Laws, represented herein by its President/General Manager {fill in},
of legal age, {civil status}, and a {fill in} Citizen with postal address at {fill in},
hereinafter referred to as the
Architect {fill in}, a duly registered and licensed architect under the laws of the Republic
of the Philippines with PRC Registration No {fill in}, of legal age, Filipino Citizen
and with postal address at {fill in}, hereinafter called the ARCHITECT.

Notes:
• Fill up the name or names (capitalized), country of citizenship, and postal address.
• The juridical entity may be a corporation or partnership. Fill in the info of the representative.
• Fill in the PRC number of the Architect.
Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.
 Filling up the Recitals or Context of the Agreement

Note:
1. the recitals contain these two lines to provide
context to the agreement:
• That whereas the OWNER intends to build a
(project title) building at (project address),
hereinafter called the PROJECT.
• NOW, THEREFORE, The OWNER and the
ARCHITECT, for and in consideration of the
foregoing premises and of the other
covenants hereinafter named, agree as
follows:
2. Fill-up the project title (ex. Proposed Two-
Storey Residence), and the project address

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.

 Filling up the Articles

Note:
1. Fill up the various articles based on what is
agreed upon with the client in prior
discussions.
2. The following slides contain tabulations of
what you may edit in the said articles.

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.

 Suggested Edits to the Articles
Article Suggested Edits
1. Scope of Work Does the regular detailed design also include engineering? Or do the
specialists transact directly with the Owner? Are there specialized services
to be included?
2. Architect’s Regular Enumerate the phases and describe what happens in each phase (ex. In
Services this phase, the architect consults with the client…). Refer to Module 3A.
3. Architect’s Fee and • Fill in the amount based on a percentage of the probable cost of the
Manner of Payment structure. You may use the analogous method of deriving the cost. The
Construction Cost Handbook from Arcadis is a good reference for per
square meter cost of various building types.
• Mention clarifications to this amount: such as the percentage on
which it is based. You may also mention SPP 202. You may mention that
this is subject to adjustment based on the winning bid price.
• Mention exclusions to the Architect’s fee: all government taxes (e.g.
VAT, withholding, etc.). You may included references to Article 6, 7, and 8
to be clearer.
• Payment of the Fee in Tranches: Fill-in the percentage of the fees to be
paid by the Owner to the Architect during the phases based on
Module3A. Be clear on the basis of the percentage. During the bid
phase, this is based on the winning bid. During the construction phase,
this is based on the Project Construction Cost (Article 5).

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.

 Suggested Edits to the Articles
Article Suggested Edits
4. The Owner’s No changes
Responsibilities
5. Project No changes
Construction Cost
6. Scope Outside of Include this article if there are no specialized services included in the
the Regular Services Scope.
7. Other Expenses Edit the “separate services” item if there are such services included in the
Chargeable to the Scope.
Owner
8. Full-time Include this article if this is not included in the scope. This service is
Supervision outside of the Regular Services.
9. Estimate No changes
10. Ownership of No changes
Documents
11. Successors and No changes
Assigns
12. Arbitration No changes

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.

 Fill-up the “In Witness Whereof”

Note:
1. This is the format for
a juridical entity client.
Replace [Company] with
the name of the
company and
[Signatory] with the
name of the rep.
2. If the Owner is a
natural person, place
(OWNER) underneath
the name of the
signatory. In case of
spouses, there must be
two lines for signing.

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.

 Fill-up the Notary Acknowledgement

Note:
Filled up by
Notary Public

Note:
Filled up
names, valid
id, date &
place of issue

Note:
Fill-up
number of
pages

Note:
Filled up by
Notary Public

Copyright © 2020 De La Salle-College of Saint Benilde. All rights reserved.