CONSTRUCTION AGREEMENT
I. PROJECT
The Project is a Two Storey Residential Structure to be finished at with a construction cost of TWO MILLION SEVEN HUNDRED THOUSAND PESOS (php 2, 700,000.00) to be paid by the OWNER (Mr. Victor and Kitty Carreon), wherein the Construction is under Design-Build of Guaranteed Maximum Cost (UAP Doc. 205, RA. 7266).
II. SCOPE OF WORKS
The ARCHITECT shall exclusively undertake, pursue and manage the completion of the project under Construction of Design-Build of Guaranteed Maximum Cost and shall likewise provide all the necessary materials, labor, tools and equipment necessary for the construction of the said project, and shall perform all such works in accordance with the approved plans and specifications, inclusive of, but not necessarily limited to the items set before this, see Succeeding pages.
The ARCHITECT shall not carry out extra or varied works without the permission and approval of the OWNER and/or his authorized representative. In the same manner any additional construction, revision i.e., not covered by the construction plans and scope of work specified, shall be subject to separate billings by the ARCHITECT.
All additional constructions and amendments to or changes in the plans and specifications from the date hereof and the corresponding costs thereof shall be subjected of a written agreement between the parties; and the amendments or changes shall have the effect of reducing or increasing the contract price hereinbefore stipulated, the same shall be correspondingly adjusted.
III. CONTRACT PERIOD / TIME OF COMPLETION
The work to be performed under this agreement shall commence from and after the receipt by the ARCHITECT of all approved construction permits and licenses required for the project, down payment and upon written approval by the OWNER.
The work shall be completed by the ARCHITECT within ONE HUNDRED TWENTY (150) working days. Provided, however, that any delay of reason of force majeure of fortuitous event, or by reason of additional constructions or amendments to or changes in the construction shall be excluded.
IV. CONTRACT SUM
The OWNER shall pay to the ARCHITECT for the performance of this agreement the sum of TWO MILLION SEVEN HUNDRED THOUSAND PESOS ONLY (php 2, 700,000.00) construction cost.
Upon signing of this agreement, from and after the receipt, and or the advice of the ARCHITECT, the OWNER undertakes to immediately pay a TWENTY SEVEN PERCENT (27%) down payment to the ARCHITECT in the amount of SEVEN HUNDRED TWENTY THOUSAND PESOS (php 720,000.00), to be utilized as mobility fund, and to cover material and labor expenses for the project. Said payment will be deducted on total project cost. The remaining balance will be paid in progress billing stipulated as follows:
Down Payment………………………….27% (Php 720,000.00)(Bank Loan)
First Billing after downpayment……..27% (Php 720,000.00)(Bank Loan)
Second Billing…………………………..27% (Php 720,000.00)(Bank Loan)
Third Billing…………………………….11% (Php 300,000.00)
Final Billing…………………………….10% (Php 240,000.00)(Bank Loan)
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Total……………………………………………………(Php 2,700,000.00)
The ARCHITECT shall submit an application for each payment to the OWNER with at least THREE DAYS before each payment for the progress billing falls due. In case of delay of payment sum of due completion time will be adjusted depending on the delay of payment.
V. GUARANTEES
The OWNER and the ARCHITECT agree on the application of the following conditions for the faithful performance of the Contract/Agreement.
The ARCHITECT hereby guarantees that the project shall be constructed strictly in accordance with the scope of works and condition of this contract and shall make good any defect in materials and / or workmanship to the fault of the ARCHITECT/CONTRACTOR within Six Months after the full completion of the project.
VI. TERMINATION OF CONTRACT
The ARCHITECT has the right to terminate the contract or stop work if ordered by any court or other Public Authority, for a period of three months, through no act or fault of the ARCHITECT or anyone employed by him.
The ARCHITECT shall submit written notice or if ordered by any court or other public authority to the OWNER to stop work or terminate this contract/agreement and claim payment for all work executed, profit and damages/loss on the basis of the work completed.
The OWNER shall pay necessary payment to the ARCHITECT; one week after a notice of payment was given to the owner, the ARCHITECT has the right to stop the construction to any failure of payment by the OWNER.
Conforme:
Mr. Victor and Kitty Carreon
Owner
Arch. Emerson D. Soriano (uap)
Designer.Builder.Consultant
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF BALANGA )S.S.
BEFORE ME, a Notary Public for and in Balanga City, Bataan, on this_________________personally came and appeared:
CTC NO. – DATE/PLACE ISSUED
ARCH. Emerson D. Soriano
MR. Victor Carreon
Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same are their own free act and deed.
WITNESS MY HAND NOTARIAL SEAL, on the date and place above written.
Doc. No. ______
Page No.______
Book No.______
Series of 2000