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CONTRACT SERVICE

PROJECT : PROPOSED ONE STOREY RESIDENTIAL BUILDING


LOCATION :
OWNER/DEVELOPER :
ARCHITECT:

This AGREEMENT, made and entered into this day of in the year
Two Thousand and by and between:

, a corporation duly organized and existing under and by


virtue of the laws of the Republic of the Philippines, with principal office and place of
business at , represented herein by
, hereinafter referred to as the OWNER.

- and -

, an architectural office duly organized and


existing under and by virtue of the laws of the Republic of the Philippines, with principal
office and place of business at , represented in this
act by its Principal Architect, , hereinafter referred to as the
IN CHARGE OF THE DESIGN AND BUILDING CONSTRUCTION

WHEREAS, it is the intention of the Owner and in the best interest of the project to secure
the professional services of the Architect for the proposed: One Story Residential Building,
hereinafter referred to as the PROJECT.

WHEREAS, the realm of the professional services of the Architect shall be based on the
document published by United Architects of the Philippines (UAP) under Architect’s
National Code: Standards of Professional Practice.

NOW, THEREFORE, the OWNER and the ARCHITECT, for and in consideration of the
foregoing premises of the covenants, agreement and stipulation set forth, do hereby agree as
follows:
ARTICLE 1 GENERAL STATEMENT
The OWNER finds it practical and expedient to engage the ARCHITECT who is IN
CHARGE OF THE DESIGN AND BUILDING CONSTRUCTION that is liable in the
process of studying, programming and analyzing the viability of the project. Thereby, the
client has commissioned the ARCHITECT to perform services other than purely architectural
or designing services.
ARTICLE 2 GENERAL SCOPE OF SERVICES
That the scope of work to be done by the Architect, as herein authorized by the Owner for the
subject Project herein referred to, consists of professional services for the following:
2.1 Site development planning (SDP) of the grounds of the building, including other
concomitant structures within the Project site, as may be determined by the Owner.
2.2 Basic (Regular) Detailed Architectural and Engineering (DA&E) Design of the
Project to be located at .

ARTICLE 3 DETAILED SCOPE OF SERVICES


3.1 PROJECT DEFINITION PHASE
This phase involves the definition of the requirements of the project by the Owner. The
Architect in turn informs the Owner of the technical requirements of the project and the
concomitant professional fees. In this phase, the Architect:

3.1.1 Consults with the Owner to ascertain the conceptual framework and related
requirements of the project and confirms such requirements with him.

3.1.2 Gathers relevant information and data leading to the definition of the
requirements of the project, including the scope of the Architect’s services.

3.1.3 Reviews and refines the owner’s space requirements and translates them into an
architectural program.

3.1.4 Prepares an initial statement of probable construction cost.

3.2 SCHEMATIC DESIGN PHASE


This phase consists of the preparation of schematic design studies derived from the Project
Definition Phase, leading to conceptual plans. The Architect:

3.2.1 Evaluates the Owner’s program, schedule, budget, project site and proposes
methods of project deliveries.

3.2.2 Prepares the initial line drawings representing design studies leading to a
recommended solution, including a general description of the project for approval by
the Owner.
3.2.3 Submits to the Owner a Statement of the Probable Project Construction Cost
(SPPCC) based on current cost parameters.

3.3 DESIGN DEVELOPMENT PHASE


Based on approved schematics and conceptual plans, the Architect prepares:
3.3.1 The Design Development documents consisting of plans, elevations, sections
and other drawings,

3.3.2 Outline specifications to fix and illustrate the size and character of the entire
project as to type of materials, type of structural, electrical, mechanical, sanitary,
electronic, and communications systems.

3.3.3 Diagrammatic layout of construction systems, and

3. 3.4 An updated SPPCC for submission to the Owner.

3.4 CONTRACT DOCUMENT PHASE

Based on the approved Design Development Documents, the Architect:

3.4.1 Prepares the complete Contract Documents consisting of detailed designs and construction
drawings, setting forth in detail the work required for the architectural, structural, electrical,
plumbing/ sanitary, mechanical, electronic and communication works prepared by the
Architect and the respective professionals involved.

3.4.2 Prepares Technical Specifications describing type and quality of materials, finish, manner of
construction and the general conditions under which the project is to be constructed.

3.4.3 Submits to the Owner seven (7) sets of all construction drawings and technical specifications
for purposes of obtaining a building permit.

3.4.4 Updates the SPPCC based on changes in scope, requirements or market conditions.

3.4.5 Assists the Owner in filing the required documents to secure approval of government
authorities having jurisdiction over the design of the Project.
3.5 CONSTRUCTION PHASE
In this phase, the Architect performs the following:
3.5.1 Makes decisions on all claims of the Owner and Contractors on all matters
relating to the execution and progress of work or the interpretation of the Contract
Documents.

3.5.2 Prepares change orders, gathers and turns over to the Owner written guarantees
required of the Contractor and Sub-Contractors.

3.5.3 Makes periodic visits to the project site to familiarize himself with the general
progress and quality of work and to ascertain that the work is proceeding in
accordance with the Contract Documents. The Architect shall not be required to make
exhaustive or continuous 8-hour on-site supervision to check on the quality of the
work involved and shall not be held responsible for the Contractor's failure to carry
out the Construction work in accordance with the Contract Documents. During such
project site visits and on the basis of his observations, he shall report to the Client
defects and deficiencies noted in the work of Contractors, and shall condemn work
found failing to conform to the Contract Documents.

3.5.4 Determines the amount owing and due to the Contractor and issues
corresponding Certificates for Payment for such amounts based on his observations
and the Contractor's Applications for Payment. These Certificates will constitute a
certification to the Client that the work has progressed to the state indicated and that
to his best knowledge, the quality of work performed by the Contractor is in
accordance with the Contract Documents. The Architect shall conduct the necessary
inspection to determine the date of substantial and final completion and issue the final
Certificate of Payment to the Contractor.
3.5.5 Should more extensive inspection or full-time (8-hour) construction supervision
be required by the Client, a separate full-time supervisor shall be hired and agreed
upon by the Owner and the Architect subject to the conditions provided in the SPP
Document on Full -Time Supervision. When the Architect is requested by the Owner
to do the full time supervision, his services and fees shall be covered separately in
conformance with the applicable and appropriate SPP Document.

ARTICLE 4 ARCHITECT’S FEE AND MANNER OF PAYMENTS


4.1 That the OWNER agrees to pay the ARCHITECT a lumpsum compensation
package of the above mentioned services of ________or a percentage rate_______ of
to cover for the overhead on every technical man hour expended on the project.

4.2 That the payment to the ARCHITECT/S are as follows:

4.2.a (Peso in words) (P ) upon signing of this agreement.


4.2.b That the OWNER agrees to make partial payments upon request of the
ARCHITECT.

4.3 The Fees and manner of payments to the ARCHITECT shall be based in
accordance with the documents published by the United Architects of the Philippines
(UAP) Architect’s National Code: Standards of Professional Practices under UAP
Document 208 “Selection of the Architect and Method of Compensation.”

ARTICLE 5 THE OWNER’S RESPONSIBILITIES


5.1 Provide full information as to his requirements for the Project.

5.2 When necessary, designate a representative authorized to act on his behalf.

5.3 Promptly examine and render decisions pertaining to documents submitted by the
Architect to avoid unreasonable delay in the progress of the Architect’s work. The
Owner should issue orders to the General Contractor only through the Architect.

5.4 Furnish or direct the Architect to obtain at his expense, a certified survey of the
site, giving, as may be required, topographical and/or relocation surveys covering
grades and lines of streets, alleys, easements, encroachments and related information,
boundaries, with dimensions and complete data pertaining to existing buildings,
structures, trees, plants, water bodies, wells, excavations / pits, etc. and other
improvements and full information as to the available utility / service lines both
public and private; zoning compliances, clearances, deed/s of restrictions,
encumbrances and annotations to titles, association guidelines and standards, and soil
investigations / tests, borings and test pits necessary for determining soil and sub-soil
conditions.

5.5 Promptly pay for architectural and all other engineering and allied services
required for the project.

5.6 Pay for the design and consulting services on acoustic, communication, electronic,
and other specialty systems which may be required for the project.

5.7 Arrange and pay for such legal, auditing, insurance, counseling and other services
as may be required for the project.

5.8 Pay for all reimbursable expenses incurred in the project as called for in Section 7:
“Other Conditions on Services” and all taxes including VAT (but not including
income tax) that the government may impose on the Architect as a result of the
services rendered by the Architect on the project, whether the services were
performed as a natural person i.e. an individual practitioner or as a juridical entity i.e.
as a sole proprietorship, partnership or corporation.
5.9 If the Owner observes or otherwise becomes aware of anything that may impair
the successful implementation of the project, he shall give prompt written notice to
the Architect.

ARTICLE 6 ESTIMATES
Any statement of probable project construction cost or any cost estimate submitted by the
Architect is normally within the acceptable range of accuracy. However, there can be no
finality of cost because of factors that the Architect has no control of, such as the fluctuation
of cost of labor and materials, bank interest rates and inflation rate and political situation in
the locality and the many factors that go into competitive bidding. Furthermore, a substantial
gap between the date of submission of the estimate and the date of implementation of the
project may affect the cost due to change of cost of materials and labor.

ARTICLE 7 OWNERSHIP OF DOCUMENTS AND PROTECTION OF


INTELLECTUAL PROPERTY
7.1 Pursuant to the principle and spirit in the enactment of Presidential Decree
No. 49 on the Protection of Intellectual Property dated November 14, 1972, the Work
of architecture; ornamental design; maps, plans, sketches and charts; scientific and
artistic work as the creative conceptual designs indicated or projected in the drawings
and/or models or reports are and shall remain the property of the Architect.
7.2 Republic Act 545 Section 24. (4), stipulates that all designs, drawings,
specifications and copies thereof, prepared by the Architect as instruments of service,
are the property and documents of the Architect whether the work for which they are
made may be executed or not, and it shall be unlawful for any person to copy,
duplicate said documents for use on other works except by written consent of the
Architect or author of said documents and the Architect properly compensated for it.
7.3 If the Owner would desire to have a copy of the Drawings on reproducible
film or paper (sepia) or copies of photographs, slides, video and film cups, etc., the
Owner shall pay for the cost of said reproducible copies on his own account and in no
case shall it be reproduced or to be used on other works except by written agreement
with the Architect, and the Architect properly compensated for it.

ARTICLE 8 SUCCESSORS AND ASSIGNS


The Owner and the Architect each bind themselves, their partners, successors, legal
representatives, and assigns to the other party to this Agreement and to the partners,
successors, legal representatives and assigns of such other parties in respect to covenants of
this Agreement. Except as specified, neither the Owner nor the Architect shall assign, sublet,
or transfer their interest to this Agreement without the written consent of the other.
ARTICLE 9 ARBITRATION
All questions in dispute under this Agreement shall be submitted to arbitration as per
Executive Order 1008 dated February 4, 1985 otherwise known as the “Construction Industry
Arbitration Law”.
THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO THE FULL
PERFORMANCE OF THE COVENANTS CONTAINED HEREIN AND PRAY FOR THE
GUIDANCE OF THE LORD FOR A SUCCESSFUL COMPLETION OF THE PROJECT.

IN WITNESS WHEREOF, the Parties to this Agreement have on the day and year first above
given, hereunto set their hands at the bottom of this page and on the right-hand margin of all
the other pages of this

Agreement by: by:

OWNER ARCHITECT

Signed in the Presence of:

Republic of the
Philippines City of _

Before me, a Notary Public in and for the City of personally appeared Mr.
with Residence Certificate no. on _ , 2022 at
City and Architect with Residence Certificate no.
issued at City on , 2022, both known to me and to
me known to be the same person who executed the foregoing instrument and acknowledged
to me that the same is their free act and deed.

In witness whereof, I have hereunto set my hand and affixed my Notarial seal this day
of 2022 in the City of , Philippines.

Notary Public

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