Professional Documents
Culture Documents
UAP Document 301
UAP Document 301
SECTION 1: DEFINITIONS
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ARTICLE 3: DRAWINGS AND SPECS
Owner shall furnish contractor 3 sets of drawings and specs for free.
Drawings and models must cooperate with specs to form as part of the contract documents. Figures are to be
followed in preference to measurement and scale.
The contractor shall explain and verify any doubt as to the meaning of the drawings and specs.
1. If there is a conflict in both drawings and specs, the contractor, with the architect’s permission, shall
submit to the owner proposals as to which method or material is required. If the les expensive work is
done, the contractor shall credit the owner the amount equivalent to the difference of the expensive and
less expensive work.
2. The contractor must first refer to the architect before proceeding with the work.
Discrepancies in figures, drawings must be referred to the architect before any adjustment be made by the
contractor. The decision of the architect will govern and must be followed by the contractor.
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SECTION 3: EQUIPMENT AND MATERIALS
ARTICLE 8: GENERAL
All materials and equipment must conform to all laws governing the project.
Contractor shall obtain necessary permits and pay fees covered within period of construction.
Contractor shall bear any and all damages by reason of any delay in work.
ARTICLE 9: EQUIPMENT
Architect and engineer must refer to equipment by catalogue number and name.
1. Contractor shall furnish complete lists of substitutions prior to signing of contract.
2. Contractor shall abide by architect and engineer’s judgment when proposed items of equipment are
judged to be acceptable. General contractor shall submit proposals for substitutions in writing.
Contractor shall furnish 3 copies of complete catalogue data for every item of equipment.
1. Submission shall be compiled by contractor.
2. Data sheet or catalogue shall be indexed according to specification, section and paragraph.
3. Submission shall become part of the contract.
4. Catalogue data does not supercede contract documents.
5. It is contractor’s responsibility that items be furnished fit the space available.
6. Contractor’s responsibility to install equipment to operate properly.
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TEMPORARY ENCLOSURES – exterior doors shall be equipped with self-closing hardware; windows
equipped with removable sash frames.
TEMPORARY OR TRIAL USAGE – privilege of owner.
REMOVAL OF TEMPORARY STRUCTURES – contractor shall remove all temporary structures erected by
him and shall clean premises as condition of completing the work.
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If sub-surface conditions that are different from that on the drawings are discovered, the architect must be
informed immediately. He must investigate and make the necessary changes in the drawings and specs.
If changes in work ma cause an increase or decrease in the amount due, the contract shall be modified in writing
and the contractor shall furnish proportionate additional performance bond.
Value of extra work shall be determined by the following:
1. Estimate and acceptance in lump sum
2. Unit prices stipulated in contract provided that the extra does not exceed 20% of the original contract
details.
3. Actual direct cost plus 15% for contractor’s profit, overhead and contractor’s tax. Contractor shall
present a correct account of costs with vouchers. The architect will certify the 15% allowance for
overhead and profit of the contractor.
Claim of adjustment must be asserted within 15 days from date of the order of change unless architect will extend
the time.
Architect shall have the authority to make minor changes in the work not involving extra cost.
Owner reserves to right to employ other persons to perform the extra work.
If any instructions in drawings involve extra cost, the contractor will inform the architect through written notice
within 15 days after the receipt of such instruction. If delays incur in mobilization of work, the contractor must
give the architect a written notice within 15 days after recognition of delay and proceed to claim the extra cost.
Contractor shall keep the premises free of waste materials from the accumulation of work. After the work is
completed, he shall remove all his rubbish, scaffolding, surplus materials and turn over the work to the occupants
with:
1. All dirt, stains from floors, walls, ceiling, etc. removed.
2. All woodwork, hardware and metalwork cleaned and polished.
3. All glazing, marble and tile work washed and polished.
The owner has the right to use the completed portions of the work regardless of the time of completion of work.
Upon notice of completion of work from the contractor, the architect shall immediately inspect the project. If the
work is substantially complete (not less than 98% is finished), the architect shall issue a certificate of completion
of work in respect to the work.
Prior to the issuance of the certification of completion, the contractor must execute a written undertaking to finish
any work during the period of Making Good of Known Defects or Faults (period of not more than 60 days).
The contractor shall execute at his own expense all work necessary for making good of known defects within the
period of 60 days after the issuance of the certificate of completion or within 15 days after its expiration as a
result of the inspection by the architect. If the owner is responsible for the defect, the value of work will be
regarded and paid for as additional work.
The contractor shall search for cause of any defects and faults in the project. If the cause of the defect is something
the contractor is not liable for, the owner will pay for the cost of work carried out by the contractor. But if the
cause binds the contractor liable, the cost of searching, repair, rectification and make good of such defect shall be
borne by him.
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The contractor shall submit a request for payment for work done, not more than once each month. Each request
shall be computed from the work completed on all items listed in the breakdown of work, less 10% retention.
When 50% of the contract has been accomplished, no retention shall be made.
The contractor, at his own expense, shall furnish the architect progress photographs which shall be taken monthly.
1. Photograph size shall be 6” by 8”. Four exposures shall be taken (2 copies for each exposure = 8), a total
of 8 prints to be delivered to the architect, and all negatives bearing the date of exposure and name of
work.
2. No partial payment may be considered for approval without the pictures accompanying request for
payment.
15 days upon receipt of the request for payment, the architect shall either issue a certificate of payment or
withhold the request and inform the contractor in writing the reasons for withholding it. The certificate of payment
shall include the value of work accomplished during the period of time covered by the certificate.
The architect may recommend withholding of payment on any of the following:
1. Defective work not remedied.
2. Reasonable evidence indicating probable filing of claims.
3. Failure of contractor to make payments to sub-contractors or for material and labor.
4. Reasonable doubt that the contract can be completed for the balance then unpaid.
5. Damage to another contractor.
The architect shall estimate the value of work using the breakdown of work and corresponding values as a basis.
Estimates of the architect are considered final and conclusive evidence of the amount of work performed and shall
be basis for the full measure of the compensation of the contractor, but bear in mind that the estimates are
approximate only.
Within 15 days from the date of approval of a request for payment and issuance of certificate of payment,
the owner shall pay the amount as certified, or such other amount he deems is due the contractor informing both
the contractor and architect in writing his reasons for paying the amended amount.
The contractor shall pay promptly his workmen, materials and equipment used, taxes and remit all amount
withheld from salaries and wages of his employees. If required by the owner, the contractor shall swear before an
officer duly authorized to administer oath that all persons who have done work and all materials furnished have
been paid for.
No payments shall be made in excess of 65% of the contract price unless a notarized statement is submitted by
the contractor to the effect that all bills for labor, other than current wages, and bills for materials have been paid.
The contractor shall promptly remove from the premises all work condemned by the architect as failing to conform
to the contract. He shall replace and re-execute his own work in accordance to the contract documents at his own
expense.
The contractor shall submit the following before final payment is made:
1. Certificate of final building occupancy
2. Certificate of final inspection of utilities
3. Original and 3 sets of prints of “as-built-drawings” of electrical, sanitary, gas, telephone and mechanical
works.
4. 3 copies of directory of panel boards and list of circuits.
5. 3 copies of instructions and manual for operating fixtures and equipment.
6. 3 copies of keying schedule.
7. Guarantee bond equivalent to 30% of the contract price covering a period of 1 year after the final
acceptance of the work.
The architect shall proceed to verify the work, make final estimates, certify the completion of work and accept the
same.
1. The owner shall then pay the contractor the remainder of the fee provided that the final payment of the
contract shall not be made until the contractor has submitted a sworn statement showing that all taxes due
from him, all materials and labor have been duly paid.
2. The making and acceptance of the final payment shall constitute a waiver of all claims by the contractor.
The final certificate of payment nor any provisions may relieve the contractor of responsibility for faulty materials.
He shall remedy defects and pay for the damage, which will appear within a year’s period from date of acceptance
of work by the owner.
No provision may limit the contractor’s liability to defects.
The owner shall give notice of observed defects with reasonable promptness. All questions shall be decided by the
architect whose decision shall be subject to arbitration.
The amount retained by the owner shall be released 3 months after the date of the final payment.
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The contractor shall promptly inform the architect of any defects done by the sub-contractors. His failure to
inspect and report shall constitute an acceptance of proper execution of work by the sub-contractor.
Should the contractor cause any damage of the work done by the sub-contractors, both parties will settle as such
by an agreement and relieve the owner of any liability, which may arise there from.
ARTICLE 29: OWNER’S RIGHT TO PROCEED AFTER WORK TAKEOVER FROM CONTRACTOR
The contractor, upon receipt of notice of termination, shall vacate position and work stated in the notice. All
materials, equipment, etc. shall remain, at the option of the architect, for completion of work.
The owner shall take over the work and proceed in administration.
The architect will ascertain and fix the value of work completed by the contractor.
1. If expenditures of owner on completion of work including all charges prior to termination of the contract
are not in excess of the contract price, the difference between total expenditures and contract price may
be applied to settle claims, and the balance may be paid to the contractor.
2. No amount in excess of the combined value of completed work, retained percentage, and usable materials
shall be paid.
3. In case of suspension of work, all unpaid work and expenses incurred during suspension shall be
evaluated by the architect and paid for by the owner.
The full extent of damage the contractor and/or his sureties shall be liable shall be:
1. Total daily liquidated damages until the date the owner takes over work.
2. Excess cost incurred by owner in completion of the project over the contract price, which includes
administrative services, supervision and inspection.
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SECTION 9: RESPONSIBILITIES AND LIABILITIES OF CONTRACTOR AND OF OWNER
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SECTION 10: AUTHORITY OF ARCHITECT, ENGINEERS, AND PROJECT REPRESENTATIVE
ARTICLE 36: AUTHORITY AND DUTIES OF THE PROJECT REPRESENTATIVES, RESIDENT ARCHITECTS,
RESIDENT ENGINEERS OR CONSTRUCTION INSPECTORS.
Employed by the owner :Technically qualified men referred to as Project Representatives, resident Architects,
Resident Engineers or Construction Inspectors recommended by the Architect and employed by the Owner may be
stationed on the Project to assist the Architect and the Engineers in the general supervision and direction of the
Work.
Duties: The duties of the Project Representatives, Resident Architects, Resident Engineers and Construction
Inspectors are stipulated in the Special Provision of the Contract.
Disputes: In case of any dispute arising between the Project Representative, Resident Architect, Resident
Engineer, or Construction Inspector, and the Contractor, they shall have authority to reject materials or suspend the
work until the question at issue can be referred to and decide by the Architect.
Nothing in the provisions of this article will relieve the Contractor from the responsibility of performing the work
in accordance with the Drawings, Specifications and other Contract Documents.