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OWNER -GENERAL CONTRACTOR

AGREEMENT FORM

PROJECT :
LOCATION :
OWNER :
ARCHITECT :
CONTRACTOR :

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

THIS AGREEMENT, made and entered into this _____ day of _____________Nineteen
Hundred and Ninety-________ by and between:

______________________________________________________ with postal address at


______________________________, the party of the First Part, hereinafter called the
OWNER

-and-

___________________________ represented by ____________________________,


with postal address at ________________________________, the party of the Second
Part, hereinafter called the CONTRACTOR.

WITHNESSETH,

that the Owner and the Contractor, for and in consideration of the covenants, agreement
and stipulation set forth, do hereby agree as follows:

ARTICLE 1 SCOPE OF THE WORK

1.01 The Contractor, in consideration of the payment to be made by the


Owner to the Contractor of the sum of money hereinafter named, agrees
to furnish all labor, materials, equipment, plants, tools and other
facilities and the satisfactory and faithful performance of all the work
necessary to commence and complete the Project, ready for use (except
the works to be done by other parties as are specifically excluded here
from by agreement of the parties hereto) as shown on the Drawings and
described in the Specifications, instructions and other related documents
as prepared
by________________________________________________ acting as
and in these Contract Documents entitled the Architect.
ARTICLE 2 TIME OF COMPLETION AND LIQUIDATED DAMAGES

2.01 The work stipulated in this Contract shall be completed, "broom" clean,
and ready for use not later than __________________________________.

2.02 As time is an essential element in this Contract, the Contractor agrees to


pay the Owner the amount of _______________________(P__________)
each and every calendar day of delay (Sundays and Holidays included) in
which the contractor fails to complete the work beyond
___________________________the said payment to be considered as
Liquidated Damages.

ARTICLE 3 THE CONTRACT AMOUNT

3.01 The Owner agrees that for and in consideration of the faithful performance
by the Contractor of this Contract, he shall pay to the Contractor, in a
manner provided hereinafter, the amount of
____________________________________________________________
____________________________________________________________
_______________________________________(P__________________)

3.02 It is expressly agreed by both parties that no change shall be made in the
above mentioned contract amount as a result of any fluctuation in the cost
of materials and/or labor, except those conditions as enumerated in Art.
3.03.

3.03 Should the Owner require the Contractor to perform work over and above
that required by this Agreement, the additional cost shall be added to the
Contract Amount and, likewise, should he be ordered to omit work as
require, by this Agreement, the cost of work omitted shall be deducted
from the Contract Amount. In either case, the cost of additions or
reductions shall previously be mutually agreed upon in writing by both
Owner and Contractor upon recommendation of the Architect before
execution.

3.04 Any payment due and payable to the Contractor may be offset against any
liquidated damage payable to the Owner under this Contract.

-
ARTICLE 4 PAYMENTS

4.01 Payments on account of this Contract shall be made by the Owner at the
end of every month in an amount equivalent to ninety percent (90%) of the
value of estimated work as computed by the Architect using as a basis the
"Breakdown of Work and Corresponding Value" mutually agreed upon
between the Architect and the contractor prior to the start of construction.

4.02 Should the Owner fail to pay within 30 days the sum in any certificate of
the Architect then due, the Contractor shall receive in addition to the sum
in the certificate, interest thereon, at the legal rate in force.
4.03 Final and full payment of the consideration herein above-mentioned shall
be made by the Owner to the Contractor upon fulfilling the conditions set
forth in the General Conditions.

ARTICLE 5 THE CONTRACT DOCUMENTS

The following documents prepared by the Architect shall constitute an


integral part of this contract as fully as if hereto attached or herein stated,
except as otherwise modified by mutual agreement of parties:

a. Architectural Drawings _________ sheets


b. Structural Drawings _________ sheets
c. Electrical Drawings _________ sheets
d. Plumbing (Sanitary) Drawings _________ sheets
e. Mechanical Drawings _________ sheets
f. General Conditions _________ sheets
g. General Specifications _________ sheets
h. Structural Specifications _________ sheets
i. Electrical Specifications _________ sheets
j. Plumbing (Sanitary) Specifications _________ sheets
k. Mechanical Specifications _________ sheets
l. General Scope of Work _________ sheets
m. Schedule of Materials & Finishes _________ sheets
n. Supplementary and Related Documents _________ sheets

ARTICLE 6 PERFORMANCE AND PAYMENT BONDS

6.01 The Contractor, within 15 days form signing of this Contract, shall furnish
the Owner Performance and Payment Bonds in the form of a surety bond
acceptable to the owner in the amount equal to thirty percent (30%) of the
full contract price, conditioned for the faithful performance of the Contract
and the satisfaction of obligations for materials used and labor employed
on the work. These bonds shall be effective within a period of one (1)
year after the acceptance of the work by the Owner.

ARTICLE 7 TAXES, LICENSES, PERMITS AND FEES

All taxes, licenses, permits, and fees which may be due to the local and/or
national government on account of performance and completion of the
work stipulated herein and fees for testing of materials and samples shall
be paid for, and obtained by the Contractor.

ARTICLE 8 INSURANCE AND OTHER CONDITIONS

The Contractor shall take cognizance of the provisions of the other


contract documents especially the Contractor's responsibilities and
liabilities on materials, workmanship, labor, and property as stipulated in
the General Conditions. Within fifteen (15) days after signing of the
contract, the Contractor shall submit certificate of insurance to protect him
against claims for damages for personal injury including death and claims
for damages of Owner's property and adjoining property which may arise
from operations under this contract, subject to the approval of the Owner
as to adequacy of protection and reliability of insurance company.

The Parties to this agreement hereby agree to full performance of the covenants
constrained herein.

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 left-hand
margin of all the other pages of this Agreement.

By:

_________________________________ ______________________________
OWNER CONTRACTOR

SIGNED IN THE PRESENCE OF:

_________________________________ _____________________________
Witness Witness

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 ___________, 199____ at _______________ City and Architect
_________________ with Residence Certificate no. _____________________ issued at
______________ City on ____________, 199_____, 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 ___________________ 199___ in the City of __________, Philippines.

______________________________
Notary Public

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