0% found this document useful (0 votes)
21 views17 pages

UAP Doc. 301: Comprehensive Exam Guide

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
21 views17 pages

UAP Doc. 301: Comprehensive Exam Guide

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

COMPREHENSIVE EXAM

PROFESSIONAL PRACTICE
UAP Doc. 301
● Subcontractor
OUTLINE ○ Anyone with direct contact with contractor, acts for/in behalf of
the contractor in executing any part of the contract, excluding
I. Section I VIII. Section VIII one who merely finishes materials w/o labor.
A. Definitions A. Contractor’s right to suspend ● Surety
B. Documents work/terminate contract ○ Person/firm/corporation providing guarantee for contractor’s
II. Section II B. Owner’s right to terminate bonds.
contract
A. Laws & regulations ● Proposal
B. Site conditions C. Owner’s right to proceed work ○ Offer of a bidder to perform the work described by the contract
after takeover from contractor
C. Permits, taxes, surveys docs when made out & submitted on the prescribed Proposal
IX. Section IX Form; properly signed & guaranteed.
III. Section III A. Contractor’s responsibility for
A. Equipment accidents & damage
B. Materials ● Proposal bond
B. Contractor’s insurance & ○ Cashier’s check/surety bond; accompanying the bidder’s
IV. Section IV bonds
submitted proposal
A. Premises C. Owner’s responsibilities & ■ Guarantee bet. the bidder and the owner if the
B. Temporary structures and liabilities
contract is awarded to him
facilities D. Liens, disputes & arbitration ● Performance bond
V. Section V X. Section X ○ Approved form of security by the contractor and his surety.
A. Protection of work and owner’s A. Architect status ■ Guarantee of good faith of the contractor to execute
property B. Authority & responsibility of work in accordance to the contract’s terms.
B. Protection of adjacent property & engineers
● Payment bond
existing utilities C. Authority & duties of the ○ Approved form of security by the contractor & his surety as a
C. Protection of life, work, & project representatives
property during an emergency guarantee of good faith of the contractor to pay all obligations
XI. Section XI arising from contract.
VI. Section VI A. Contract time ● Guarantee bond
A. Labor B. Contract sum ○ Approved form of security by the contractor & his surety as a
B. Work C. Progress payments guarantee to quality of materials and equipment installed,
C. Changes in the work D. Correction of work including workmanship.
D. Time completion of work E. Sub-contractors claim for ● Agreement
E. Payments extra cost ○ Contract bet. owner & contractor undertaking the project
VII. Section VII F. Contractor’s right to suspend prescribed in contract docs. Including: all supplemental
A. Contractor-separate contractors work or terminate contract agreements & all general and special provisions pertaining to
relations G. Owner’s rights to terminate the work/materials for the work.
B. Subcontracts contract ● Invitation to bid
C. Contractor-sub-contractors H. Disputes ○ Notice published by owner or invitations issued to prospective
relations I. Bonds & insurances bidders
■ Provides information on the nature of the proposed
project, conditions for contract docs. Issuance,
OBJECTIVES bidding date, & estimated cost or information that
1. To familiarize with the terms, definitions, and general scope of would give contractor a general idea of the
UAP Doc. 301. magnitude & extent of project.
● Bid bulletin
**note! Chapters I – III (up to Equipment) have been ○ Additional information on Contract Documents issued to
paraphrased closely to the original statement. Other chapters bidders before date of bidding.
have been originally pasted for accuracy purposes. ** ● Instruction to bidders
○ List of instructions on the manner on how bids are prepared &
I. Section I conditions for the award of the contract.
A. DEFINITIONS ● Drawings
● Contract documents ○ Graphical representations of work involved in project.
○ Agreement, General conditions, Special provisions, ■ Includes all supplementary details & shop drawings.
Specifications, Drawings ● General conditions
○ All additions, deletions, & modifications incorporated before ○ Printed documents indicating procedural & administrative
the contract execution. aspects of the contract.
● Owner ● Special provisions
○ Person/entity ordering the project for execution; incl. duly ○ Instructions w/c may be issued prior to bidding
appointed successors of authorized representatives. ■ Supplements/modifies drawings, specs, and/or
● Architect general conditions of the contract.
○ Architect commissioned by owner acting personally or thru ● Specifications
assistants duly authorized in writing by the architect to act on ○ Written/printed description of work to be done w/c describes
his behalf. the qualities of materials and mode of construction
● Engineer ● Supplementary specs
○ Person named in the Contract Documents of his duly ○ Additional info w/c may be issued as an addition or
authorized representative. amendment to the provisions of the specifications.
● Project Representative ● Schedule of materials/finishes
○ Full-time construction inspector hired by owner, duly ○ Outline specification enumerating the type/trade names of
authorized in writing to assist the architect & engineer in work materials to be used.
supervision. ● Breakdown of work & corresponding value
● Contractor ○ A listing of different parts of the work, indicating in each part
○ Person/firm whose proposal is accepted, whose contract was the corresponding value in materials & labor, including
awarded. allowance for profit and overhead.

UAP DOC. 301 P a g e |1


UAP DOC. 301 COMPREHENSIVE EXAM

● Written notice unless they've received a written decision from the architect
○ Information, advice/notification relative to the project, before submitting their proposal regarding the required
delivered in person or sent by registered mail to: the individual, method or materials.
firm, or corporation at the last know business address of such ○ After the award, if the less expensive work is done, contractor
individual, firm, or corporation. shall credit owner an amount equivalent to the difference bet.
● Act of God/ Force majeure the more expensive and less expensive work.
○ Cataclysmic phenomenon (earthquake, flood, typhoon, ○ If the contractor’s opinion states that the work specified or
cyclone, etc) and unforeseeable accidents. indicated will make them unable to produce first=class work,
■ No reparation shall be made by the contractor for the he shall relay to the architect for his opinion before starting.
damages to the work. Failure to make a reference will result in the contractor’s
● Time limit consequences.
○ Duration of time allowed by the contract for the project’s
completion ● Detail drawings and instructions
● Local laws
○ All laws, ordinances, & other governmental regulations ● Discrepancies in drawings
applicable to the project. ○ The architect shall be informed for any discrepancies in figures
● Work or drawings, prior to any adjustment made by the contractor.
○ Labor or materials or both. Also includes equipment, The decision of the Architect shall prevail and be followed by
transportation, or other facilities necessary for the project’s the contractor.
commencement and completion in construction.
● Furnish ● Supplementary drawings and instructions
○ To purchase and/or fabricate & deliver to the jobsite/other ○ Drawings referred to in Specifications will be further
location supplemented with additional detail drawings and instructions
● Install needed for proper interpretation of drawings + proper
○ To build in, mount in positions, connect, or apply any object execution of work.
specified ready for the intended use. ■ Architect- furnish these supplementary drawings
● Provide ○ All additional detail drawings + instructions = consistent w/ the
○ To furnish and install. contract docs., true developments, + reasonably inferable.
● Required/necessary ○ All additional drawings + instructions are considered equal
○ Required or necessary for the complete execution of that force as those which originally accompany the specifications.
portion of work. Work shall be executed thru the detail drawings and
● Approved, directed, or acceptable instructions. Contractor = not to do work w/out these drawings
○ “ “ to the architect unless otherwise stipulated in the contract. and instructions

A. DOCUMENTS ● Shop drawings

Execution, correlation, and intent of documents ● Schedule for submission of shop drawings
○ Contractor & the architect, if either one so request: shall jointly
● Signature on documents: shall be signed in quintuplicate by the prepare a schedule subject to charge from time to time in
owner & contractor, duly witnessed accordance with the progress of the work, fixing the dates at
● Intent of contract docs: contract docs are complementary and which the various detail drawings will be required
binding. ■ Architect to furnish them according to that schedule
○ Intention is to include labor & materials, equipment &
transportation needed for the work’s execution ● Conditions for shop drawings
● Conformity to contract docs: provisions of specs will prevail if ○ Contractor to prepare his own expense & submit promptly
there are variances bet. drawings and the specs without delay on his work or in any contractor doing work on
○ Discrepancies found (bet. drawings & specs & site conditions same building.
or any errors/omissions in specs drawings): direct report to the ■ 2 copies of ALL shop or setting drawings, templates,
architect or engineer for immediate correction. patterns & models
● Contractor documents at site of work: contractor needs copy of: ■ & work schedule for the different trades
○ Drawings, Specs, Breakdown of work, Schedule of ○ Architect shall pass upon them promptly, making desired
construction, & all instructions & graphs available to architect corrections
& his representatives. ■ Contractor shall make the corrections from the Ar.
● Ownership of contract docs/models ● File to Him Two Corrected Coppies &
○ Drawings, specs, & models including all additional instructions furnish other copies that may be needed
& copies intended for this work by the architect = property of
the architect. ● Checking of shop drawings
○ Before submitting for approval, the Contractor shall check
Drawings and specs drawings of all subcons for accuracy.
■ Ensure all work contiguous with & having bearing on
● Copies of drawings/specs: Owner: furnish the contractor free of work indicated on shop drawings is accurately &
charge 3 sets of drawings and specs. distinctly illustrated
● ++work is shown in conformity w/
● Coordination of drawings/specs: All drawings & models are contract reqs.
intended to be coordinated w/ the specs, & also to form a part of the
contract docs. ● Identification: shall be numbered consecutively & represent:
○ All working & erection dimensions
● Clarification of meaning of drawings & specs ○ Arrangements & sectional views.
○ Contractor: shall carefully examine, compare & verify the date ○ Necessary details, including complete information for making
furnished by the drawings & specs connections with other work.
○ If conflict occurs bet. drawings/ or between specs & drawings, ○ Kinds of materials & finishes
the contractor is assumed to have estimated a costlier method

UAP DOC. 301 Page |


2
UAP DOC. 301 COMPREHENSIVE EXAM

● Letter of transmittal: submission shall be accompanied by a letter ○ He is to report to the Architect any error or inconsistency to the
of transmittal in duplicate, containing project’s name, contractor’s Architect prior to working.
name, no. of drawings, titles, & other impt. data.
● Licensed surveyor: To be paid by the Contractor to: confirm, certify
● Correction, changes, variations the location of column centers, piers, walls, pits, trenches, pipe work,
○ Contractor shall submit THREE sets of prints of Shop culvert work, utility lines & work of similar nature by the Contract.
Drawings to the Ar. for approval. ○ Copy of certification shall be furnished by the Architect. The
○ Satisfactory shop drawing shall be identified by the Ar, dated, surveyor’s certification shall represent an independent and
and one copy returned to the contractor. disinterested verification of such lay-out.
○ If shop drawings are disapproved by the Ar., ONE set of such
shop drawings shall be returned to the Contractor, including its ● Final certification: shall be submitted upon completion of work, or
corrections & changes to be made. upon completion of any section of work, if required by the Architect
○ Contractor shall make required corrections & changes & and before final payment is made.
resubmit shop drawings in duplicate until Ar. approves. ○ Note any deviations from the Drawings on the final certificate,
■ Once approval is received: Contractor to insert date including any required maps, plots, notes, or additional
of approval on tracing & promptly furnish the Ar. with information as deemed necessary by the Architect for a
THREE additional prints of approved drawings. comprehensive report.
○ Architect’s approval is needed prior to execution of work
III. Section III
○ Contractor shall make specific mention of variations in his A. EQUIPMENT
letter of submittal if the shop drawings show variations from General:
Contract requirements due to standard shop practice OR other ● All materials & equipment must conform to all laws, ordinances,
reasons. regulations & building codes now or hereafter may be in force &
applicable during the period of construction.
● Responsibility for Accuracy: shop drawings approval will be
general. & doesn't exempt the Contractor from their responsibilities ● Contractor shall obtain necessary permits & pay required fees
regarding accuracy, proper construction, and supplying materials therefore to the proper authorities.
not specified in the drawings.
● Contractor shall bear any & all damages by reason of any delay in
work arising from his failure to comply the provisions of his clause
II. Section II
A. LAWS AND REGULATIONS ○ NOTE: If any revisions or amendments to these laws,
● Laws + regulations ordinances, regulations, and building codes occur during
○ Contractor to comply with all laws, city & municipal ordinances, construction and impact the contract's cost or completion time,
& all building Codes, rules, regulations, to the extent that they appropriate adjustments will be made.
impact the involved parties, the work, or those working on it.
■ He shall also comply to: regulations of firms ● Equipment
furnishing utilities e.x. water, gas, telephone,
electricity for the project. ○ The Ar. and Eng. Have detailed Specifications, that consists of
■ He shall bear all costs shall he perform any work with certain equipment by name & catalog no. to establish quality
no compliance and no notice to the Architect. standards.

B. SITE CONDITIONS ○ This procedure does not mean that other products of equal or
● Contractor is expected to have visited the locality of work and make superior quality from different manufacturers, which are fully
his own estimates of the facilities & difficulties attending to the suitable in design, are excluded from competition.
execution of proposed contract, PRIOR to bidding and awarding of
contract. ○ Contractor shall furnish complete list of proposed substitutions
○ Thia includes: local conditions & all other contingencies before contract signing, including engineering & catalog data
● No extra compensation + extension of time given for negligence or that the Ar. and Eng. may require.
inadvertence of Contractor
○ Contractor shall abide by the Ar. and Eng.’s judgments if
C. PERMITS, TAXES, SURVEYS proposed substitute items of equipment are judged to be
● Permits + licenses: all permits + licenses needed for execution of acceptable. They shall also furnish the specified item of
work/temporary work and easements in relation to should be equipment in this case.
secured and the required fees paid by the Contractor.
○ No substitute equipment is used unless approved in writing.
● Cost of permits & licenses may be reimbursed by the Owner to the
Contractor if specifically stipulated in the prior instructions of the ○ Ar. and Eng. must review & approve catalog data for ALL
Owner to the Architect. equipment before contractor orders any equipment.

● Contractor: solely responsible for his own actions, should ■ This approval does not relieve the Contractor’s
construction start before his permits + licenses are secured. responsibility for deviations from Drawings and
Specifications, unless, he has called their attention
○ Shall also secure the final occupancy permit; however he is in writing of such deviations at the time of
not responsible for the non-issuance or delay in issuance. submission.

● Taxes: The Contractor is responsible for paying any construction- ○ Contractors’ responsibility in ensuring items furnished fit the
related taxes required by local law. space available. He is to make necessary field measurements
to ensure space requirements, including those for
● Stakes/reference marks: Contractor shall verify all grades, lines, connections.
levels and dimensions as indicated on drawings.

UAP DOC. 301 Page |


3
UAP DOC. 301 COMPREHENSIVE EXAM

B. MATERIALS acceptable manner in strict accordance with the requirements of the


Drawings and specifications.
Materials, fixtures, fittings furnished by the contractor ● The Architect’s decision in quality and quantity of work & material
shall be final and precedent to the Contractor’s right to receive any
○ To be submitted to the Architect for approval ASAP: money.
■ Names of proposed manufacturers, material men, Storage and stockpiling of materials
dealers who are to furnish materials, fixtures, ○ Contractor to allot suitable space to subcon for materials
applances, or other fittings. storage & for erection of their shed and tool houses.
○ All cement, lime, & other materials affected by moisture shall
○ Manufacturers must meet reputation, capacity, and quality be stored on platforms and protected from weather.
criteria and have a successful track record to be approved for ■ Contractor is to do the moving of materials, sheds,
supplying materials under this Contract. or storage platforms at his expense.

○ Transactions w/ manufacturers or subcontractor shall be made Defective materials:


thru the Contractor. Any materials not meeting these specifications are considered
defective. Defective materials cannot be used until approved, and if
Samples of materials the Contractor doesn't comply with the Architect's orders, the
○ Contractor to furnish for approval, with such promptness as to Architect can replace the defective materials at the Contractor's
cause no work delays, samples as specified or required. Work expense, deducting the cost from any money owed.
shall be in accordance with approved samples.
o If the Specifications, Drawings, Special Provisions, and
○ Unless otherwise specified, 3 samples shall be submitted, and supplementary Specifications do not provide specific details or
of adequate size to show quality, type, color, range, finish, and descriptions for any point, it means that the best general
texture if material. practice should be followed, and only materials and
workmanship of first-class quality are acceptable.

○ Each sample to be labelled, bearing the material name & o Failure or neglect on the Architect, or any of his agents to
quality, Contractor’s name, date project name, & other impt. condemn or reject bad or interior materials shall not be
data. construed to imply an acceptance of the materials if said bad
or inferior materials are discovered at any time prior to the final
acceptance f the work by the Owner and the release of the
○ Where specs. Require manufacturer’s printed installation Contractor.
directions, the directions shall accompany samples submitted
for approval. Imported materials, fixtures, and equipment

○ The Contractor must provide a letter of transmittal in triplicate, o The Contractor shall take cognizance of the in element of the
along with all sets of samples, when requesting approval. Contract. He shall make early arrangements for the purchase
and delivery of all specified imported materials, fixtures,
○ All samples sent to the Architect's office must have prepaid appliances, and equipment in order to avoid delay in the
transportation charges. completion of the work.
o No extension of time or substitution of materials shall be
○ Materials should not be ordered until written approval is allowed due to negligence or inadvertence of the Contractor.
obtained from the Architect. All materials must closely match
the approved samples in every aspect. Owner-supplied materials

o Materials, equipment, fixtures, appliances and fittings


Trade names & substitutes specifically indicated shall be furnished by the Owner in
accordance with schedule of delivery agreed upon between
● Use the specified item exclusively when it's identified by trade name, the Owner and the Contractor.
manufacturer, or catalog reference, unless specified otherwise in ▪ The fact that the Owner is to furnish material is
paragraph (b). conclusive evidence of its acceptability for the
○ No substitutions are allowed for Contract-required materials, purpose intended and the Contractor may
articles, or processes without written approval from the continue to use it until other directed.
Architect ▪
○ Materials & articles installed/used without approval = at risk of o If the Contractor discovers any defect in material furnished by
subsequent rejections the Owner, he shall notify the Architect. The Contractor shall
○ Samples of materials for use in reinforced concrete work, be responsible for material loss or damage after receipt of any
including steel bars, cement, aggregates, and their origin material, equipment, fixture, and appliance or fitting unless the
certificates, must be approved by the Architect. same has been installed and accepted for safe keeping by the
Owner or his representative.
Testing samples of materials
● The Contractor must provide as many samples as required for Royalties and patents
testing to the Architect. Testing of these samples must adhere to the
Specifications and government standards & be conducted by an o The Contractor shall pay all royalties and license fees on all
approved competent entity or testing laboratory. All expenses for patented materials and processes furnished by him. He shall
shipping, delivery, handling, and testing of the samples are the defend all suits or claims corresponding thereto for
responsibility of the Contractor. infringement of any patent rights and shall save the owner
harmless from loss on account thereof.
Quality of materials
● Unless otherwise specified, all materials shall be new. Material Manufactuer’s directions
quality shall be the best grade of their respective kinds for the
purpose. The work is to be performed in the best and most o All manufactured articles, materials, equipment, appliances,
fixtures and fittings shall be applied, installed, connected,

UAP DOC. 301 Page |


4
UAP DOC. 301 COMPREHENSIVE EXAM

erected, used, cleaned, and conditioned. In accordance with o The Contractor shall make all necessary arrangements with
manufacturer’s printed directions, unless herein specified to the local utility companies in order that temporary facilities for
the contrary, where reference is made to manufacturer’s water, power, and telephone are sufficiently provided till the
directions. The Contractor shall submit specified number of completion of the work. All expenses incurred in connections
copies of such directions to the Architect therewith shall be paid by the Contractor

Temporary signs
IV. Section IV o No signs advertisements will allowed to be displayed without
A. Premises the Architect’s approval. The Contractor may erect one painted
sign as approved by the Architect, giving names and
Use of premises addresses of the Architect. Contractor and various sub-
o The Contractor shall confine his apparatus, the storage of contractors. The Architect shall approve size, colour, lettering,
materials, and the operations of his workmen to limits indicated and sign locations
by the law, ordinances, permits, or directions of the Architect
and shall not unreasonably encumber the premises with his Temporary roadways
materials o The Contractor shall construct and properly maintain
o The Contractor shall not load or permit any part of the structure temporary roadways within and adjacent to site in order to
to be loaded with a weight that will endanger its safety. The provide proper access to the building. Temporary roadways
Contractor shall enforce the Architect’s Instructions regarding shall adequately sustain loads to be carried on them and be
signs, advertisements, fires and smoking. so constructed as not to endanger existing or newly installed
underground structures.
B. Temporary structures and facilities
Temporary stairs, ladders, ramps, and runways
o The Contractor shall furnish and maintain all equipment such
Temporary office and contractor’s building
as temporary stairs, ladders, ramps, scaffolds, runways,
derricks, chutes, and the like as required for proper execution
o The Contractor shall at all times provide and maintain
of work by all trades. All such apparatus, equipment, and
adequate weather tight temporary office with water, light,
construction shall meet all requirements of Labor Law and
telephone, and toilet facilities for the use of the Architect,
other laws applicable thereto
resident engineers, Inspectors, contractor, and sub-
contractors.
o This office shall be provided with wooden floor raised above
Temporary elevators/hoists
the ground, windows, doors and locks, tables, closet,
o The Contractor shall install and operate an adequate number
blackboard, tack board, benches and racks for drawings. One
of hoists and elevators. No hoists shall be constructed at such
room of approximately 12 square meters shall be provided for
locations as will interfere with or affect construction of floor
the Architect’s use.
arches (or work of other Contractors). They may be located at
exterior sides of structure and extend upward adjacent to line
Temporary housing for workers
of window openings. They shall be located at a sufficient
distance from exterior walls and be so protected as to prevent
o The temporary buildings for housing men, or the erection of
damage, staining or marring the permanent work.
tents or other forms of protection will be permitted only at such
places as the owner or Architect shall designate: and the
Temporary enclosures
sanitary condition of the grounds I or about such structures
o The Contractor shall provide temporary weather tight
shall at all times be maintained in a manner satisfactory to the
enclosure for all exterior openings as son as walls and roof are
owner and the Architect. Nobody shall be allowed to sleep or
built so as to protect all work from. All exterior doors shall be
cook within the building line of the project under construction
equipped with self-closing hardware and padlocks.
Temporary sanitary facilities/ first aid station
All exterior windows shall be provided with temporary sash
frames securely fastened in place buy removable when
o The Contractor shall provide construct and maintain for the
required. Such sash frames shall be covered in approved
duration of the contract, ample sanitary toilet accommodation
manner
and other necessary conveniences including water
connections for the use of personnel and laborers on the work,
Temporary / trial usage
properly secluded from public observation.
o Temporary or trial usage by the Owner of any mechanical
device, machinery, apparatus, equipment, or any work or
In such manner and at such points as shall be approved by the
materials supplied under Contract before final completion and
Architect, and their use shall be strictly enforced. He shall keep
written acceptance by the Architect shall not be construed as
such places clean and free from flies: remove all connections
evidence of the Architect’s acceptance of same.
and appliances connected therewith prior to the completion of
the contract and leave the premises perfectly clean.
o The Owner shall have privilege of such temporary or trial
usage, for such reasonable length of time as the Architect shall
deem to e proper. No claim for damage shall be made by the
Temporary barricades and guard lights
Contractor for injury to or breaking of any parts of such work
which may be caused by weakness or inaccuracy of structural
o The Contractor shall furnish and put up all temporary
parts or by defective material or workmanship.
barricades and guard light necessary for the, proper
prosecution and completion of work. The guard lights at the
o If the Contractor so elects, he may, at his on expense, place
top to the false work tower, barricades, railing, ET, shall be
persons satisfactory to the Architect to make such trial usage
provided and maintained by the Contractor throughout the
prosecution of the project.
Removal of temporary structures

o The contractor shall remove all temporary work from premises,


Temporary water, power, and telephone facilities
erected by him and shall clean the premises as a condition for

UAP DOC. 301 Page |


5
UAP DOC. 301 COMPREHENSIVE EXAM

completing the work and before acceptance of the work by the held liable for all damages which may result there from during
Owner. the progress of work.

V. Section V
A. PROTECTION OF WORK AND OWNER’S PROPERTY B. PROTECTION OF ADJACENT PROPERTY AND EXISTING
Safeguard measures UTILITIES
Contractor’s sole responsibility
o The Contractor shall put up and continuously maintain
adequate protection of all his work from damage and shall o The contractor shall adequately protect adjacent properly as
protect the Owner’s property, as well as all materials furnished provided by law and the contract Documents. The
and delivered to him by the Owner. He shall make good any construction building or work, In addition to any neighboring
such damage, injury or loss, except such as may caused by properly or building which may be manner, must be
agents or employees of the Owner, or due to causes thoroughly and substantially braced against winds, floods,
considered as Act of God. settling, falling, or like similar occurrences, and when
necessary, covered and protected from sun and rain at the
o The Contractor shall provide reliable and competent Contractor’s expense.
watchmen to guard the site and premises, from
commencement of operation until building is fully completed. The Contractor shall solely be liable and pay for all damages
Provide all doorways with locks under control of the occasioned in any manner by his acts or neglect, or of his
Contractor, who shall lock doors at the close of each day’s agents, employees, or workmen
work. In the event that the Architect at any time deems
watchmen service inadequate or incompetent, the contractor Existing utilities
shall increase or change the watchmen personnel to the o Existing utilities, if damaged due to negligence or fault of the
Architect’s satisfaction. Contractor, shall be repaired by the Contractor at his expense.

o Smoking on premises shall be prohibited except in designated Authorization of contractor


places and signs to this effect shall be posted conspicuously.
Fires shall not be built on premises except by express consent o In an emergency affecting safety of life or of the work or of
of the Architect adjoining properly, the Contractor, without special instruction
or authorization from the Architect or Owner, Is hereby
o The Contractor shall provide and maintain barrels of water permitted to act, at his discretion, to prevent such threatened
and fire buckets on premises for fire protection. Such loss or injury and he shall so act, at his discretion, to prevent
equipment shall not be used for other purpose such threatened loss or injury and he shall so act, without
appeal,
o The Contractor shall provide and maintain in good working
order and adequate number of fire extinguishers. If so instructed or authorized. Any compensation claimed by
the Contractor on account of emergency work, shall be
Old materials determined by agreement of arbitration.
o All old materials of value found the Contractor upon the work,
shall be carefully piled where designated by Owner or the VI. Section VI
Architect and the Contractor shall be responsible for the same A. LABOR
until final acceptance of the work Character of workmen
Trees and other plants o The Contractor shall employ only competent and efficient
o Existing trees, plants, shrub, etc., which are to remain shall be engineers, superintendents, foremen, mechanics, laborers, or
boxed and otherwise protected from damage. No trees within artisans. Whenever, in the opinion of the Architect, any
site or located outside building lines shall be cut or removed employee is careless or incompetent or obstructs the
without specific approval from the Owner and the Architect. progress of the work or acts contrary to instructions or
conducts himself improperly, the Contractor shall, upon
o all trees and other plants that need to be transplanted written request of the Architect, discharge or otherwise
elsewhere within fifty(50) meters from the building lines shall remove him from work and not employ him again upon it.
be done by the contractor at his own expense in accordance
with instructions from the Architect or from the authorities o Should the Contractor fail to remove unsatisfactory workmen
concerned. or fail to furnish suitable and sufficient equipment or personnel
for the proper prosecution of the work, the Architect may
o undue damage to trees, plants, shrub, streets, sidewalks, etc., withhold payment which are or may become due, or may
resulting from and in connection with construction work shall suspend the work until such orders are complied with.
be made good and /or replaced by the Contractor his own
expense to the satisfaction of the Owner and the architect Character of workmen
Drainage o Should the Contractor fail to remove unsatisfactory workmen
or fail to furnish suitable and sufficient equipment or personnel
o If it is necessary in the prosecution of the work to interrupt or for the proper prosecution of the work, the Architect may
obstruct the natural flow of rivers or streams, the drainage of withhold payment which are or may become due, or may
the surface, or flow of artificial drains, the Contractor shall suspend the work until such orders are complied with.
provide for the same during the progress of the work in such
a way that no damage shall result to either public or private Superintendence and supervision
interest.
o The Contractor, if supervises the work personally, must be a
For any neglect to provide for other natural or artificial licensed engineer or architect acceptable to the Architect who
drainage which he may have interrupted, he shall solely be will supervise the work personally and inspect at least once a
week

UAP DOC. 301 Page |


6
UAP DOC. 301 COMPREHENSIVE EXAM

o The Contractor shall keep in his project site, during the work’s
progress, a competent engineer or Superintendent and any o b. Re-examination of questioned work may be ordered by the
necessary assistants, all satisfactory to the Architect. Architect and is so ordered; the work must be uncovered by
o The Project engineer or Superintendent shall represent the the Contractor. If such work be found not in accordance with
Contractor in his absence and all directions given to him shall the Contract Documents, the Contractor shall pay the cost.
be as binding as if given to the Contractor. He shall have full
authority to execute the orders or directions of the Architect o c. The Contractor shall furnish promptly without additional
without delay and to prompt supply such materials, tools, charge all reasonable facilities, labor, and materials
paints, equipment, and labor as may be required. necessary for the safe and convenient inspection and tests
that may be required by the inspectors. All inspection and
B. WORK tests shall be performed in such manner as not to
Methods and appliances unnecessarily delay the work.
o The Contractor shall use such methods and appliances for the
performance of all the operations connected with the work o d. If there are indications that the work done are not in
embraced under this Contract as will produce a satisfactory accordance with plans and specification, the Architect may at
quality of work and rate of progress which, in the opinion of any time before final acceptance of the entire work make an
the Architect, will ensure the completion of the work within the examination of the work already completed. By removing or
contract time tearing out same, the Contractor shall, on request, promptly
furnish all necessary facilities, labor, and materials.
o If, at any time before the commencement or during the
progress of the work, such methods or appliances appear to o If such work is found to be defective in any material respect
the Architect to be inefficient or inappropriate for producing due to fault of the Contractor, or his subcontractors, he shall
the quality of the work required, or insuring the required rate defray all the expenses of such examination and of
of progress, the Architect may order the Contractor to satisfactory reconstructions.
increase the rate of their efficiency or to improve their system
of operation. If, however, such work is found to meet the requirements of
the Contract, the actual cost of labor and materials necessary
o The Contractor must comply with such order. Failure, involved in the examination and replacement plus 15 percent,
however, of the Architect to demand such increase of shall be allowed the Contractor and shall in addition, if
efficiency or improvement of character of methods and completion of the work has been delayed hereby, be granted
appliances shall not relieve the Contractor from his obligation a suitable extension of time on account of the additional work
to turn out such quality of work and rate of progress as are involved.
called for in this contract.
o Defective work may be condemned by the Architect at any
o The Contractor shall, if required, furnish to the Architect for time before the final acceptance of the work, and when such
approval full information and satisfactory evidence as to the work has been condemned it shall be taken out immediately
name of the manufacturer of machinery, or mechanical or by the Contractor and rebuilt in accordance with the Drawings
other equipment which he contemplates using together with and Specifications.
the performance capacities and other pertinent information.
o Failure or neglect on the part of the Architect or any of his
Laying out the work agents to condemn or reject bad or inferior work, shall not be
construed to imply an acceptance of the work of the same if
o The Contractor shall lay out the lines and grades of the work such bad or inferior work is discovered at any time prior to the
as per conditions set forth under Article 7.03 (Construction final acceptance of the work by the Owner and the release of
Stakes and Reference Mark) of the General Conditions. the Contractor

o All stakes benchmarks, etc., placed by the Contractor in laying Work during emergency
out the work, approve by the Architect, shall be carefully
guarded and preserved by the Contractor. In case such o The Contractor shall perform any work and shall furnish and
stakes or marks are displaced or rendered useless through install all materials and equipment necessary during an
the carelessness or neglect of the Contractor or of his agents, emergency endangering life or property. In all cases he shall
employees, or workmen, they should be replaced by the notify the Architect and the Engineer of the emergency as
Contractor at his own expense. soon as practicable, but he shall not wait for instructions
before proceeding to properly protect both life and property
Inspection of work

o The Owner, Architect and their representatives shall at all Increased or decreased quantities of work
times have access to the work wherever it is in preparation or
progress and the Contractor shall provide proper facilities for Adjustments of Drawings to suit field conditions which cannot be
such access and for inspection. foreseen at the time of calling for bids may be necessary during
construction. It is the essence of the Contract to recognize such changes
o a. If the specifications, the Architect’s Instructions, laws, in Drawings as constituting a normal and expected margin of
ordinances or any public authority require any work to be adjustment, and not involving nor permitting change or modification of
specifically tested or approved, the Contractor shall give the Contract Prices, provided only, that resulting overruns or under runs
Architect and other parties required to make the inspection, from the quantities in the Proposal do not exceed five percent.
timely notice of its readiness for inspection, and the date fixed
for such inspection In case of discrepancy, the matter shall be submitted immediately to the
Architect, before any adjustment shall be made by the Contractor,
o Inspections by the Architect shall be promptly made and were otherwise it shall be at his own risk and expense.
practicable, at the source of supply. If any work should be
covered up without approval or consent of the Architect, it
must, if required by the Architect, be uncovered for
examination at the Contractor’s expense.

UAP DOC. 301 Page |


7
UAP DOC. 301 COMPREHENSIVE EXAM

C. CHANGES IN THE WORK Except as otherwise specifically provided in this Contract, all
disputes concerning questions of act arising under this
Changes ordered by the owner Contract shall be decided by the Architect or his duly
authorized representative. Nothing, however, as provided for
o The Owner may at any time, without invalidating the Contract in Article 20.07 shall excuse the Contractor for proceeding
and without notice to the sureties, order extra work or make with the prosecution of the work so changed
changes by altering, adding to or deducing from the work, as
covered by the Drawings and Specifications of this Contract Changes ordered by the architect
and within the general scope thereof. Such changes shall be
ordered by the Owner in writing, and no change or omission o In giving instructions, the Architect shall have the authority to
from the Drawings and Specifications shall be considered to make minor changes in the work, not involving extra cost, and
have been authorized without written instructions signed by not inconsistent with the design concept of the building.
the Owner.
Award of extra work to other contractors
Changes of sub-surface conditions
o In case any extra work shall be required in the proper
o If, during the progress of the work, sub-surface conditions at performance of the work contemplated under this Contract, it
the site materially different from those shown on the Drawings is understood that if the Contractor and the Owner fail to arrive
or indicated in the Specifications are discovered or at any agreement as to the price of such extra work, the
encountered, the attention of the Architect shall be called Owner reserves the right to have such extra work done by any
immediately to such conditions before they are disturbed. other person, firm, or corporation that said Contractor.

The Architect shall thereupon promptly investigate the Claims for extra cost
conditions, and if he finds that they materially differ from those
shown on the Drawings or indicated in the Specifications, he o If the Contractor claims that any Instructions by drawing or
shall at once, with the approval of the Owner, make such otherwise involve extra cost under this Contract, he shall give
changes in the Drawings and Specifications as he may find the Architect written notice thereof within fifteen days after the
necessary receipt of such instruction, and, in any event, before
proceeding to execute the work, except in emergency
Adjustments of contract endangering life or property, and the procedure shall be as
provided for in Article 20.05 (Work During an Emergency) of
o All such work shall be executed under the conditions of the the General Conditions. No such claim shall be valid unless
original contract. If such changes cause an increase or so made
decrease in the amount due under this Contract, or in the time
required for its performance, an equitable adjustment shall be o In like manner, if the Contractor incurs a delay in the
made and the contract shall be modified mobilization and/or in the progress of his work for reasons
attributable to the Owner, e.g., Ownersupplied materials not
In writing accordingly. The express consent of the sureties arriving on time, movements or work executed by the Owner
shall be obtained in writing. In the event that the work involved which interfere with the progress of the Contractor’s work,
is increased by such changes, the Contractor shall furnish delay decisions and other matters related thereto, he shall
proportionate additional performance bond. give the Architect written notice thereof within fifteen days
after recognition of such delays. No such claim shall be valid
Value of extra work unless such written notice has been executed.

o The value of extra work or change shall be determined in any Cleanup at completion of work
one or more of the following ways:
o The Contractor shall at all times keep the premises free from
1. By estimate and acceptance in a lump sum accumulations of waste materials or rubbish caused by his
employees or work. At the completion of the work, he shall
remove all his rubbish from and about the building and all his
2. By unit price stipulated in the Contract or tools, scaffolding and surplus materials and turn over the work
subsequently agreed upon, provided the extra or for occupancy with:
credit does not exceed 25% of original contract of ▪ All dirt, stains and the like on all finishing
the particular work involved. of floors, walls and ceiling, decorative
work, finishing hardware and fixtures,
3. By actual direct cost plus Fifteen Percent for removed;
contractor’s profit, overhead and contractor’s tax.
▪ All woodwork, finishing hardware and all
metal works, cleaned and polished.
▪ Under case (3), he shall keep and
present such formats the Architect may ▪ All glazing marble and tile work washed
direct, a correct account of the cost, and polished. The Contractor shall so
together with vouchers. In any case, the clean the building site as shown in the
Architect shall certify to the amount Drawings and all areas which the
including the Fifteen Percent allowance Contractor used in the operation of the
for overhead and profit due the project.
Contractor.
▪ At no time shall any rubbish be thrown
Period of which claim for adjustment has to be asserted from windows or other parts of the
building without the use of rubbish
o Any claim for adjustment involving questions of fact must be chutes.
asserted fifteen days from the date of charge is ordered
unless the Architect shall for proper cause extend such time.

UAP DOC. 301 Page |


8
UAP DOC. 301 COMPREHENSIVE EXAM

Use of completed portions of work carried out is at the Contractor’s cost, the Owner shall be
entitled to recover from the Contractor the cost thereof, or may
o The Owner shall have the right to take possession of and use deduct the same from any monies due or may become due to
any completed or partially completed portions of the work, the Contractor.
notwithstanding that the time for completing the entire work or
such portions may not have expired; but such taking Search for causes of defects or faults
possessions and use shall not be deemed an acceptance of
any work not completed in accordance with the Contract o The Contractor shall, if required by the Architect in writing,
Documents search for the cause of any defect, imperfection or fault under
the directions of the Architect. Unless such defect,
Certification of completion of work imperfection or fault shall be one for which the Contractor is
not liable under the Contract, the cost of the work is carried
o Upon due notice from the Contractor that he has substantially out by the Contractor in searching for said defect shall be
completed the work; the Architect shall make an inspection of borne by the Owner.
the project. Substantial completion shall mean that the value BUT…
of the work completed shall not be less than 98% of the o If such defect, imperfection, or fault shall be one for which the
contract amount and that the remaining unfinished work shall Contractor is liable, the costs of the work carried out in
be of a minor nature only. searching said defects shall be borne by the contractor and
he shall in such case, repair, rectify and make good such
o If the contract covers the furnishing and/or installation of defect, imperfection or fault at his own expense, in
equipment, fixtures and utilities, said equipment, fixtures and accordance with the provisions of Article 20.13 hereof.
utilities, shall be fully tested and test- run in order that the work
can be considered as substantially complete. However,
should the Contractor, through no fault of his, be unable to D. TIME COMPLETION OF WORK
test run in order that the work can be considered as Notice to proceed
substantially completed.
o Following the execution of the Contract Agreement but the
However... Owner, written Notice to Proceed with the work shall be given
o Should the Contractor, through no fault of his be unable to to the contractor. The Contractor shall begin and shall
test run the equipment at the time of substantial completion, prosecute the work regularly and uninterruptedly, thereafter
he shall be given the necessary time extension for that portion (unless otherwise directed in writing by the owner) with such
of the work. As soon as, in the opinion of the Architect, the force as to secure the completion of the work within the time
work shall have been substantial completed and shall have stated in the contract
satisfactorily passed any final test of materials that may be
prescribed by the Contract, the Architect shall issue a o If the Contractor undertakes actual construction on the
Certificate of Completion in respect to the work. proposed work including the delivery of equipment or
materials (In the case for furnishing materials) or the
o Even before the completion other whole work, upon written performance of any other kind of work whatsoever, before he
application of the Contractor, the Architect may likewise issue receives a copy of the duly executed Contract or Notice to
such a Certificate of Completion with respect to any Proceed, he does so in his own risk,
substantial part of the work which has been completed to the
satisfaction of the Architect and occupied or used by the o The Contractor shall complete, in an acceptable manner, all
Owner of the work contracted for in the time stated in the Contract.
Computation of Contract Time shall commence on the
o In all cases, prior to the issue of sold Certificate of Completion, seventh (7th) day from receipt of Notice to proceed, unless
the Contractor shall execute a written undertaking to finish otherwise stipulated in the contract, and every calendar
any outstanding work during the Period off making Good of following, shall be counted as a working day
Known Defects or Faults as defined in Article 20.12 hereof
Schedule of completion
Period of making good of known defects or faults
o The Contractor shall submit, for approval, the Schedule of
o The expression “Period of Making Good off Known Defects or Construction Work in Critical Path Method form or any other
Faults” shall mean a period of not more than sixty calendar form acceptable to the Architect indicating the approximate
days, unless otherwise expressly named in the contract, date each item will be started and completed, the equipment
calculated from the date of issue of the Certificate of to be used and number of men to be employed to complete it,
Completion of the whole work or of any part thereof, in in accordance with his schedule.
accordance with Article 20.11.
o The progress of the work shall be at a rate sufficient to
Making good of known defects or faults complete the Contract in an acceptable manner within the
period of time specified. If it appears that the rate of progress
o The Contractor shall execute at his own expense all work is such that the Contract will not be completed within the time
necessary for making good of known defect, Imperfections or limit, the Architect may order the Contractor to take such steps
faults ( fair, wear and tear expected) within fifteen days after as he considers necessary to complete the Contract within the
its expiration as a result of an inspection made by or on behalf period provided.
or the Architect prior to its expiration.
Extension of time
o If, in the opinion of the Architect, the defect or fault is due to
the owner or Owner’s representative, the value of such work o The Contractor will be allowed an extension of time based on
shall be ascertained and paid for as it were additional work. If the following conditions:
the Contractor shall fail to do any work as aforesaid, the
Owner shall upon written notice to the contractor be entitled o o Should the Contractor be obstructed or delayed in
carry out such work under his own workmen or but other the prosecution or completion of the work by the
contractors, and if such work which the contractor should have act, neglect, delay, or default the owner or any

UAP DOC. 301 Page |


9
UAP DOC. 301 COMPREHENSIVE EXAM

contractor employed by the Owner on the work; by E. PAYMENTS


strikes or lockouts, by and Act of God or Force
Majeure as defined in Article 1.26; by delay Detailed breakdown of contract amount
authorized by the Architect pending arbitration; then
the Contractor shall within fifteen (15) days from the o Except in cases where unit prices from the basis for payment
occurrence of such delay file the necessary request under the Contract the Contractor shall, within fifteen (15)
for extension. The Architect may grant the request days from the receipt of Notice to Proceed, submit a complete
for extension for such period of time as he Breakdown of Work and Corresponding value of the Contract
considers reasonable. Amount showing the value assigned to each part of work,
including the allowance for profit and overhead. Upon
o However, no such extension of time shall be approval of the Breakdown of Work and Corresponding Value
granted for any alleged failure of the Owner to by the Architect, it shall be used as the bass for all Requests
furnish materials or information unless they be for Payment.
required in the proper prosecution of the work in the
order prescribed by the Architect and unless the Requests for payment
Contractor shall have made written request for
them at ten (10) days before they are actually o The Contractor may submit periodically but not more than
needed. once each month a Request of Payment for work done. The
Contractor shall furnish the Architect all reasonable facilities
o The WRITTEN CONSENT OF THE BONDSMEN must be required for obtaining the necessary information relative to the
attached to any request of the Contractor for an extension of progress and execution of the work. Each Request for
time and submitted to the Owner for consideration. Payment shall be computed from the work completed on all
items listed in the Breakdown of Work and Corresponding
o If the satisfactory fulfillment of the Contract shall require the Value, less the 10% retention unless otherwise agreed upon
performance of work in greater quantities than those set forth and less previous payments. When 50% of the Contract has
in the Contract, the time allowed for performance shall be been accomplished, no further retention shall be made on the
increased in the same ratio that the total cost of work actually balance of the Contract
performed shall be the total cost in Contract.
o In general, no payment shall be made for materials or items
o However, if in the opinion of the Architect, the nature of the not incorporated in the work. However, exception to this
increased work is such that the new Contract Time as condition may be made in the case of materials or items which
computed approve is unreasonably short, the time allowance may require immediate acquisition and compensation due to
for any extension and increases shall be as agreed upon shortages or import or transportation difficulties. In the event
writing of such exceptions, payment shall be conditioned upon the
submission by the Contractor of bills of sale or such other
o If no schedule or agreement stating the dates upon which procedures as will establish the Owner’s title to such material
drawing shall be furnished is made, then no claim for delay or item or otherwise adequately protect the Owner’s Interest.
shall be allowed on account of failure to furnish drawings until
two weeks after demand for such drawings and unless such Progress photos
claim be reasonable.
o The Contractor at his own expense shall furnish the Architect
o If the work is interrupted for any reason, it must be promptly progress photographs which shall be taken monthly, starting
resumed on the removal or cessation of the cause of delay when the work begins and continuing so long as the work is
in progress in the outside of the building, from station points
o The Contractor shall give written notice to the Architect at designated by the Architect.
least ten (10) days prior to beginning, suspending (Except in
case of accident), or resuming the work to the end that the o The photographs shall be 6”x8”. At each period four
Architect may make the necessary preparations for inspection exposures shall be taken, one on each side of the building.
without delaying the work. All delays or losses resulting from Eight (8) prints dull finish, (2 copies for each exposure) shall
failure of the Contractor to give such notice will be at the be delivered to the Architect and all negatives shall bear the
Contractor’s risk; and all extra costs to the Owner for such date of exposure and name of the work
delay (said costs to be determined by the Architect) shall be
deducted from the Final Payment. Architect’s action on a request for payment

o Within fifteen days after receipt of any Request for Payment


Liquidated damages by the Contractor, the Architect shall either issue a Certificate
of Payment or withhold the Request of Payment.
o It is understood that time is an essential feature of this contract
and that upon failure to complete the said contract within the When the Architect decides to withhold the Request for
contract time, the Contractor shall be required to pay the Payment, he shall inform the contractor in writing the reasons
Owner the liquidated damages in the amount stipulated in the for withholding it. If the Contractor and Architect cannot agree
Contract Agreement, the said payment to be made as on a revised amount, the Architect will issue a certificate of
liquidated damages, and not by way of penalty. The Owner payment for the amount for which he is able to make
may deduct from any sum due or to become due the representations to the owner.
Contractor any sums accruing for liquidated damages as
herein stated. For purposes of calculating, the actual o The Certificate of Payment shall include the value of work
completion date shall be the date certified by the Architect accomplished by the Contractor during the period covered
under Article 20.11 hereof buy the certificate and recommendation to the Owner for
payment in an amount the Architect decides to be properly
due.

UAP DOC. 301 Page |


10
UAP DOC. 301 COMPREHENSIVE EXAM

Approval withheld before an officer duly authorized to administer oath is


submitted by the Contractor to the effect that the bills for labor
o The Architect may recommend withholding of payment in other than current wages, and all bills for materials have been
whole or in part on any approved Request for Payment on duly paid by the Contractor and his Sub-contractor, if any,
account of any of the following reasons: excepting only such bills as may be enumerated in such sworn
o Defective work not remedied statement.
o Claims filed or reasonable evidence indicating o Provided however, that should such sworn statement turn out
probable filing of claims false, the Owner and the work cover whereby shall not be
o Failure of the Contractor to make payments liable for any claim or lien arising from the failure to pay and
properly subcontractors or for material or labor. other causes, provided for in this clause the Contractor does
o A reasonable doubt that the Contract can be hereby bind itself society answerable for any such lien should
completed for the balance then unpaid. ▪ Damage the same arise
to another contractor,
Correction of work before final payment
When the above grounds are removed, payment shall be made for
amounts withheld. o The Contractor shall promptly remove the premises all work
condemned by the Architect as failing to conform to the
Conditions relative to certificates of payments Contract, whether incorporated or not, and the Contractor
shall promptly replace and re-execute his own work in
o The Architect shall estimate the value of work accomplished accordance with the Contract and without expense to the
by the Contractor using as a basis the schedule stipulated in owner and shall bear the expenses of making good all work
the breakdown of work and corresponding value. Such of other contractors destroyed or damaged by such removal
estimates of the Architect shall be final and conclusive or replacement.
evidence of the amount of work performed, and shall be taken
as the basis for the full measure of compensation to be
received at the time by the Contractor o If the Contractor does not remove such condemned work
within a reasonable time, fixed by written notice, the Owner
o Such Preliminary estimates of amount and quantity shall not may remove them and may store the material at the expense
be required to be made by strict measurement or with of the Contractor. If the Contractor does not pay the expenses
exactness, but they may, at the option of the Architect, be of such removal within ten days time thereafter, the Owner
approximate only. may, upon ten days written notice, soil such materials at
auction or at private sale and shall account for the net
Owner’s action on an approved request for payment proceeds thereof, after deducting all the costs and expenses
that should have been borne by the Contractor.
o Within fifteen days from the date of approval of a Request for
Payment or of issuance of a Certificate if Payment by the Other requirements before final payment
Architect, the Owner shall pay the amount as certified by the
Architect or pay such other amount as he shall decide is due o Certificate of Final Building Occupancy unless such certificate
the Contractor, informing the Contractor and the Architect in cannot be obtained through no fault of the Contractor
writing of his reasons for paying the amended amount
o Certificate of Final Inspection of electrical, telephone,
o Owner’s failure to pay the amount involved would sanitary, mechanical, gas, safety and other utilities unless
be subject to payment based on banking loan rates such certificate cannot be obtained through fault no
prevailing at the time of the signing of the contracts Contractor.

Payment of contractor’s obligations o Original and three (3) sets of prints of “As-Built Drawings” if
electrical, sanitary, gas, telephone and mechanical works, if
o The Contractor shall pay workmen employed by him on his such works are within the scope of the contract “As-Built
project such rates as are provided by existing laws. He shall Drawings” are the working drawings showing the system and
also pay promptly all materials and equipment used by him on actual locations of outlets, fixtures, services, and equipment
his project, and all taxes due from him. He shall remit as that were installed.
required by law all amount withheld from the salaries or wages
of his employees or workmen. o Three (3) copies of Directory of Panel Boards and list of
circuits
o If required he shall furnish the Owner with a
statement sworn to before an officer duly o Three (3) copies of instructions and manual for operating and
authorized to administer oath that all persons who maintaining of fixtures and equipment.
have done work or furnished materials under this
Contract have been duly paid. o Three (3) copies of keying Schedule

If such written evidence is not furnished before the o Guarantee bond equivalent to 30% of the Contract Price
final payment in under the Contract falls due, said covering a period of one year after the final acceptance of the
Owner may after due notice to and clearance by the work which guarantees the quality if the contract works and
Contractor pay such lawful claims in whole or in part materials installed.
to any person, firm, or corporation claiming the
same, and charge the amount thus paid to said The Guaranteed bond shall be in the form of securities as
Contractor, who will accept the same as payment approved by the Owner, The Guarantee Bond will be required
from the amount due on the Contract. only if the Owner, upon acceptance of the building, releases
to the Contractor the Performance Bond and Payment Bond
Payments over 65 percent

o No payment shall be made on contracts in excess sixty five


percent (65%) of the Contract Price, unless a statement sworn

UAP DOC. 301 Page |


11
UAP DOC. 301 COMPREHENSIVE EXAM

Acceptance and final payment Storage of materials and work coordination

o Whenever this Contract, in the opinion of the Architect, shall o The Contractor under this Contract shall afford other
be completely performed on the part of the Contractor, the contractors reasonable opportunity for the introduction and
Architect shall proceed to verify the work, shall make the final storage of their materials and the execution of their work, and
estimates, shall certify as to the completion of the work, and shall property connect and coordinate his work with theirs so
accept the same. as to minimize interferences or obstruction in the progress of
the work.
o a. The Owner shall then, excepting for causes herein
specified, pay to the Contractor promptly, after the execution Cutting, patching, and digging
of said certificate, the remainder which shall be bound due,
excepting there from such sum or sums as may be lawfully o The Contractor shall do all cutting, fitting or patching of his
retained under any of the provision of this Contract work that may be required to make its several parts come
together property and fit it to receive or be received by work
PROVIDED THAT FINAL PAYMENT ON THE CONTRACT of other contractors shown upon, or reasonably implied by,
SHALL NOT BE MADE UNTIL THE CONTRACTOR HAS the Drawings and Specifications for the completed structure,
SUBMITTED A STATEMENT SWORN TO BEFORE AN and he shall make good after them as the Architect may direct.
OFFICER DULY AUTHORIZED TO ADMINISTER OATH,
SHOWING THAT ALL TAZES DUE FROM HIM, AND ALL o Any cost caused by defective or ill-timed work shall be borne
OBLIGATIONS FOR MATERIALS USED AND LABOR by the party responsible therefore.
EMPLOYED IN CONNECTION WITH THIS CONTRACT
HAVE BEEN DULY PAID; AND PROVIDED, FURTHER o The Contractor shall not endanger any work by cutting,
digging or otherwise and shall not cut or alter the work of any
that nothing here in contained shall be construes to waive the other contractor save with the consent to the Architect
right of the Architect hereby reserved to reject the whole or
any portion of the aforesaid work, should the same be found Defective work by separate contractors
to have been constructed in violation of the drawings and
specifications or of any of the conditions or covenants of this o If any part of the Contractor’s work depends for proper
Contract within the guarantee period. execution or results upon the work of any other contractor
shall inspect and promptly report to the Architect any defect in
o The making and acceptance of the final payment shall such work that renders it unsuitable for such proper execution
constitute a waiver of all claims by the Contractor and result.

Correction of work after final payment His failure to inspect and report shall constitute an acceptance
of the other contractors work as fit and proper for the reception
o Neither the final certificate nor payment nor any provision in of his work, except as to defect which may develop in the other
the Contract Documents shall relieve the Contractor of contractor’s work after the execution of his work
responsibility for faulty materials or workmanship and, he shall
remedy any defects due thereto and pay for any damage to o To insure the proper execution of his subsequent work the
other work resulting there from, which shall appear within a contractor shall verify work already in place and shall at once
period of one year from the date of acceptance of work. report to the Architect any discrepancy between the executed
work and drawings.
o Neither the foregoing nor any provision in the contract
documents, nor any special guarantee limit, shall be held to Damage caused by contractor to separate contractors
limit the Contractor’s liability for defects and damages and the
right of the Owner under the provisions of the New Civil Code, o Should the Contractor cause damage to any separate
and all laws, regulations and ordinance applicable to the plans contractor on the work, the Contractor agrees, upon due
and construction of the building notice, to settle with such contractor by agreement or
arbitration and to relieve the Owner of any liability which may
o The Owner shall give notice of observed defects with arise there from.
reasonable promptness. All questions arising under this
article shall be decided by the Architect whose decision shall B. SUBCONTRACTS
be subject to arbitration. Subcontracts

Release of retention o It is understood and agreed that the entire work called for by
this Contract shall not be sublet or sub-contracted.
o The amount retained by the Owner under the provision of the
contract shall be released within three months after the date However, any part thereof or any specialty work therein, may
of final payment. be sublet or sub-contracted. Subject to the provision of Article
25.02. Nothing contained in the Contract Documents shall
create any contractual relation between any sub-contractor
and the Owner

Competency of sub-contractor

VII. Section VII o At least fifteen (15) days prior to the date of bidding, the
Contractor shall seek the Architects clarification as to the
A. CONTRACTOR-SEPARATE CONTRACTORS RELATIONS
particular areas or parts of the work for which the competence
Owner’s right to let other contracts
of the sub-contractor shall be subject to evaluation by the
Architect. Immediately thereafter, the Contractor shall submit
o The Owner reserves the right to let other contracts in
to the Architect a list of his prospective sub-contractors for
connection with this work.
approval.

UAP DOC. 301 Page |


12
UAP DOC. 301 COMPREHENSIVE EXAM

All materials, plant, appliances and other essential equipment


C. CONTRACTOR-SUB-CONTRACTORS RELATIONS as may be needed by the construction of the project shall, at
Contractor’s responsibility the option of the Architect, remain on the work until completed,
at such rental as may be considered reasonable.
o The Contractor agrees that he is as fully responsible to the
Owner for the acts and omission of his subcontractors and the o In case such materials and/or equipment do not belong to the
persons either directly or indirectly employed by them, as he contractor, then the Architect shall have the option to retain
is for the acts and omissions of persons directly employed by them for use in the project at the cost of the failing Contractor,
him or pay reasonable rent for the use, chargeable against the
Contractor
VIII. Section VIII
A. CONTRACTOR’S RIGHT TO SUSPEND Owner to complete work
WORK/TERMINATE CONTRACT
o The Owner shall then take over the work and proceed to
The contractor may suspend work or terminate contract upon fifteen (15) complete the same by administration or otherwise, and use
days’ written notice to the owner and the Architect for any of the following such tools, appliances and materials of every description as
reasons: may be found upon the line of said work, or at point where
▪ If an order of any court or other public authority caused the work to materials are built or framed for the work and also procure
be stopped or suspended for a period of ninety (90) days through no such other tools and materials for the completion of the work
act or fault of the contractor or his employees. as may be required.
▪ If the Architect should fall to act upon any Request for payment within
(15) days after it is presented in accordance with the general Evaluation of cost of work
Conditions of the Contract.
o It is agreed and understood that, upon such termination of this
If the owner should fall to act upon any request for payment or certificate of Contract, the Architect will ascertain and fix the value of the
payment within (15) days after its certification by the Architect. work completed by the Conductor and not paid for by the
owner and of all usable materials on the line of the work taken
If the Owner should fail to pay the contractor any sum within (30) days after
its award by arbitration.
over by the Owner at the time of said termination.

Contractor’s right to suspend work/terminate contract o In the event that the total expenditures of the Owner on
completion of the work, Including all charges against the
o If the Contractor is compelled you suspend work due to hardships or project prior to termination of the contract and compensation
difficulties under b, c, and d above, then the contract sum shall be for additional architectural managerial and administrative
increased by the amount of the contractor’s reasonable costs of services, are not in excess of the Contract Price, then the
shutdown delay and start up, which shall be effected by appropriate difference between the said total expenditures of the Owner
change order. and the Contract price may be applied to settle claims filed,
and the balance, If any, may be paid to the Contractor
B. OWNER’S RIGHT TO TERMINATE CONTRACT
o No amount in excess of the combined value of the unpaid
The Owner, upon the certificate of the Architect that sufficient cause completed work, retained percentage and usable materials
exists to justify his action, may without prejudice to any other right or taken over by the Owner at the time of the Termination of the
remedy and after giving the Contractor and his surely if any, fifteen (15) Contract shall be paid, nor shall any claim for prospective
days’ written notice, terminate the contract with the Contractor and profits on the work done after termination of the Contract be
take possession of the premises and of all materials, tools and considered or allowed
appliances thereon and finish work by whatever method he may,
deem expedient. Sufficient cause to justify termination of the contract o In case of suspension of work, all unpaid work executed
shall deem to exist whenever the Contractor does any of the following: including expenses incurred during suspension shall be
evaluated by the architect and charged to the owner.
o Declare bankruptcy become insolvent or assign his assets for
the benefit of his creditors. Owner’s right to recover liquidated damages

o Disregard or violate provisions of the Contract Documents or o Neither the taking over by the Owner of the work for
Architect’s Instructions or fail to prosecute the work according completion by administration nor the re-letting of the same to
to the agreed schedule of Completion, Including extensions another Contractor shall be construed as a waiver of the
thereof. Owner’s rights to recover damages against the original
Contractor and/or his sureties for the failure to complete the
o Fail to provide a qualified superintendent, competent work as stipulated.
workmen or sub-contractors, or proper materials.
o In such case, the full extent of the damages for which the
o Fail to make prompt payment to sub-contractors, workmen or Contractor and/or his sureties shall be liable shall be:
material dealers.
o The total daily liquidated damages up to and
C. OWNER’S RIGHT TO PROCEED WORK AFTER including the day immediately before the date the
Owner effectively takes over the work.
TAKEOVER FROM CONTRACTOR
Use of materials and equipment at site
o The excess cost incurred by the Owner in the
completion of the project over the Contract Price.
o The Contractor, upon receiving notice of the termination of
▪ This excess cost includes cost of
contract, shall vacate possession and deliver the said work,
architectural managerial and
or the parts thereof specified in said notice, peaceable to the
administrative services, supervision and
owner.
inspection from the time the owner
effectively took over the work by
administration or by re-letting same.

UAP DOC. 301 Page |


13
UAP DOC. 301 COMPREHENSIVE EXAM

o In addition to such fire insurance as the Contractor elects to


carry for his work protection, he shall secure and maintain in
IX. Section IX the name of the Owner policies upon such structures and
A. CONTRACTOR RESPONSIBILITY FOR ACCIDENTS & materials and in such amount as shall be designated. These
DAMAGE policies shall be secured from a company which is satisfactory
Safeguards to be undertaken by contractor to the Owner and delivered to the Owner.

o The Contractor shall take all necessary precautions for the Contractor’s performance and payment bonds
safety of employees and workmen on the work, and the
comply with all applicable provisions of city, municipal and o The Contractor, prior to signing the Contract, shall furnish a
national safety laws and building codes and all government Performance Bond equal to 15% of the Contract amount
rules and regulations, to prevent injury to persons on about or for the faithful performance of his work and 15% Payment
adjacent to the premises where work being performed. Bond covering payments and obligations arising from his
Contract.
o The Contractor shall erect and properly maintain at all times,
as required by the conditions and progress of the work, such Such bonds shall be in the forms of sureties as approved by
barriers, shoring, supports, braces lights, danger signs and the Owner. Such bonds shall remain in effect until replaced by
necessary safeguards, as will protect workmen and the public the Contractor’s Guarantee Bond.
and as well effectually prevent any accident and damage to
properly in consequence of his work. Contractor’s guarantee bond

Contractor’s responsibility o The performance and Payment Bonds will be released by the
Owner after the expiration of two (2) months from the final
o The owner shall not be responsible for the death of disease acceptance of the work and only after the Contractor has
contracted, or injury received by the Contractor or any furnished the Owner, a Guarantee Bond In the amount of
employee or laborers of the Contractor; for the contractor’s 30% of the total Contract cost.
plant or materials, for any damage done by or to them from
any source or cause; and damages caused by the Contractor The Guarantee Bond shall be for a period of one (1) year
or his employees to any property of the Owner and adjoining commencing from the date of acceptance as a guarantee that
property. All damages shall be the responsibility of the all materials and workmanship installed under Contract are of
Contractor good quality.

Indemnity Contractor’s guarantee-warranty

o The Contractor shall indemnify and save harmless the Owner o The Contractor shall, in case of work performed by his sub-
from and against all losses and all claims, demands, contractors and where guarantees are required, secure
payments, suits, actions, recoveries, and judgment of every warranties from said subcontractors and deliver copies of
nature and description brought or recovered against him, by same to the Owner upon completion of work.
reason of any act or omission of said Contractor, his agents
or employees, in the execution of the work or the guarding of o The Contractor shall and thereby warrants all work performed
it. by him directly and for which guarantee are required.

o Claims for payment and repairs for damages shall be settled o The Contractor shall and thereby warrants and/or guarantees
by the Contractor at his own expense and to the satisfaction for a period of one year, or for longer periods where so
of the Architect and the parties concerned. In the event of provided in Specifications, as evidenced by date of final
failure of the Contractor to repair at once such damages, and certificate Issued by the Architect, all materials and
pay other claims, the owner may repair the same and pay the workmanship Installed under Contract to be of good quality in
claims, and deduct the entire cost of such repairs and claims every respect and to remain so for periods described herein.
from the payments due the contractor.
o Should any defects develop in aforesaid work, within the
specified-periods, due to faults in material and/or
workmanship, the Contractor thereby agrees to make all
B. CONTRACTOR INSURANCE AND BONDS
repairs and do all necessary work to correct defective
Contractor’s liability and insurance
work to the Architect’s satisfaction. Such repairs and
corrective works shall be done without cost to the Owner and
o The Contractor shall secure and maintain such Insurance
at entire cost and expense of the Contractor within five (5)
from an Insurance company acceptable to the Owner as will
days after written notice to the Contractor by the Owner
protect himself, his subcontractors, and the Owner from
claims for bodily Injury, death or properly damage which may
o In case the Contractor fails to do the work, so ordered, the
arise from operations under his Contract
owner may have the work done and change the cost thereof
against monies retained as provided for in the Agreement
o The Contractor shall not commence work under his Contract
and, if said retained monies shall be insufficient to pay such
until he has obtained all insurance required under this section
cost, or it no money is available, the Contractor and his
and shall have filed the certificate of Insurance or the certified
sureties agree to pay to the Owner the cost of such work.
copy of the insurance policy with the Owner. Such insurance
policy shall contain a clause providing that it shall not be
o The entire foregoing are without prejudice to the right of the
cancelled by the insurance company without ten (10) days’
Owner under the new Civil Code, and other laws now or
written notice to the Owner of intention to cancel. The
hereafter that may be applicable.
amounts of such shall be as agreed-upon.

Contractor’s fire insurance

UAP DOC. 301 Page |


14
UAP DOC. 301 COMPREHENSIVE EXAM

C. OWNER’S RESPONSIBILITIES & LIABILITIES


o Should either party to this Contract suffer damages because
Protection of employees and professionals performing services for of any wrongful act or neglect of the other party or of anyone
the owner employed by him, claim shall be made in writing to the party
liable within a reasonable time to the first observance of such
o The Owner shall be responsible for and shall maintain such damage and not later than the final payment, except as
insurance as will protect him for personal injury including expressly stipulated otherwise in the case of faulty or
disease and death of persons under his employ or services, materials, and shall be adjusted by agreement or arbitration.
temporary or permanent in status, that are assigned for the
project. Disputes

o Prior to the start of the construction, the Owner and the o The Architect shall, within a reasonable time, make a decision
Architect shall give a list of personnel assigned to the project on all claims of the Owner or Contractor and on all matters
who need to be covered by insurance and with the relating to the execution and progress of the work or the
corresponding amount of coverage. Interpretation of the Contract Documents

Owner’s optional insurance o Except as otherwise specifically provided in the


Contract, all disputes concerning questions of fact
o The Owner at his option may maintain such Insurance as will arising under the Contract shall be decided by the
protect him from his contingent liability for damages, for Architect, whose decision shall be final and
personal injury, including death, which may arise from the conclusive upon the parties thereto as to questions
operations under this contract, and any other liability for of fact.
damages which the contractor is required to insure under any
provision of this contract o The Architect’s decisions shall be final, if within the terms of
the Contract
D. LIENS, DISPUTES, & ARBITRATION
o If however, the Architect fails to render a decision within fifteen
Liens days after the parties have presented their evidence, either
party may then demand arbitration.
o Neither the final payment nor any part of the retained
percentage shall become due until the Contractor, if required, If the Architect renders a decision after arbitration
shall deliver to the Owner a complete release of all liens proceedings have been initiated, such decision may be
arising out of this Contract, or receipts in full in lieu thereof entered as evidence but shall not disturb or interrupt such
o If required in either case of affidavit that so far as he has proceedings except where such decision acceptable to the
knowledge or information the release and receipts include all parties concerned
the labor and materials for which a lien could be filed
All disputes, claims or questions subject to arbitration under this contract
BUT.. shall be settled in accordance with the provisions of this article

o The Contractor may, if any sub-contractor refuses to furnish a o Notice of the demand for arbitration of a dispute shall be filled
release or receipt in full, furnish a bond satisfactory to the in writing with me other party to the contract, and a copy filed
Owner, to indemnity him against any lien. If any lien remain with the Architect. The demand for arbitration shall be made
unsatisfied after all payments are made, the Contractor shall within a reasonable time after the dispute arisen; In no case
refund to the Owner all monies that the latter may be however, shall the demand be made later than the time of the
compelled to pay in discharging such lien, including all cost final payment except as otherwise expressly stipulated in the
and a reasonable attorney’s fee. contract.

Assignment o When formal arbitration is requested, a Board of arbitration


shall be formed in the following manner. The Owner and the
o This Contract shall not be assigned In whole or in part by the Contractor shall each appoint one member of his board and
contractor nor shall any part of the work be sublet by the these members shall appoint a third member who shall act as
Contractor without the prior written consent of the Owner and chairman. No one with a financial interest in the subject under
such consent shall not relieve the Contractor from full arbitration will be permitted to serve on this board.
responsibility and liability for the work hereunder and for the
due performance of all the terms and conditions of the o This Board may engage experts to act in an advisory capacity.
Contract. Minutes shall be kept off all meetings and signed by all
o The Owner’s consent to any subletting of work hereunder members of the board. Decisions of the board shall require
shall not be granted in any event until the Contractor has only a simple majority and all interested parties shall be
furnished the Owner with satisfactory evidence that the sub- informed thereof. Expenses of the Board shall be paid in
contractor is carrying ample insurance to the same extent and accordance with the agreement set forth before the
in the same manner as is herein provided to be the contractor proceedings of the board
o If the Contract is assigned or any part thereof is sublet, the
Contractor shall exonerate, indemnify and save harmless the o It is mutually agreed that the decision of the arbitrators shall
Owner from and against any and all loss or expense caused be a condition precedent to any right of legal action that either
thereby. party may have against the other. The Contractor shall not
o In case of any such transfer without the previous written cause a delay of the work during any arbitration proceedings,
consent of the Owner, the Owner may refuse to carry out the except by agreement within the Owner
Contract either with the transferor or transferee; but all rights
of action breach of this Contract by the Contractor shall be
reserved to and remain within said Owner

Damages

UAP DOC. 301 Page |


15
UAP DOC. 301 COMPREHENSIVE EXAM

X. Section X C. AUTHORITY & DUTIES OF THE PROJECT


A. ARCHITECT STATUS REPRESENTATIVES
Architect status Employed by the owner

o The Architect shall be the Owner’s representative during Technically qualified men referred to as Project Representatives,
the construction period and he shall observe the work in resident Architects, Resident Engineers or Construction Inspectors
the process on behalf of the Owner. He shall have authority recommended by the Architect and employed by the Owner may be
to act on behalf of the Owner only to the extent expressly stationed on the Project to assist the Architect and the Engineers in the
provided in the Contract Documents or otherwise in writing, general supervision and direction of the Work.
which shall be shown to the Contractor
Duties
o He shall have authority to stop the work whenever such
stoppage may be necessary in his reasonable opinion to The duties of the Project Representatives, Resident Architects, Resident
insure the proper execution of the Contract. The Architect’s Engineers and Construction Inspectors are stipulated in the Special
failure of not ordering the stopping of the work, does not Provision of the Contract.
relieve the Contractor from the responsibility of complying with
the Contract Documents and the sole responsibility of Disputes
protecting persons, on, about, or adjacent to the premises
where work is being performed against injury and death, and o In case of any dispute arising between the Project
of protecting the Owner’s property and adjoining properly Representative, Resident Architect, Resident Engineer, or
against damage. Construction Inspector, and the Contractor, they shall have
authority to reject materials or suspend the work until the
o The Architect shall decide any and all questions which may question at issue can be referred to and decide by the
arise as to the quality and acceptability of materials Architect
furnished and work performed and as to the manner of
performance and rate of progress of work, and shall decide all o Nothing in the provisions of this article will relieve the
questions which may arise as to the interpretation of the Contractor from the responsibility of performing the work in
Drawings and Specifications, and all questions as to the accordance with the Drawings, Specifications and other
acceptable fulfillment of the terms of the Contract . Contract Documents.

o As the Architect is, in the first Instance, the Interpreter of the XI. Section XI
conditions of the contract and the judge of its performance, he A. CONTRACT TIME
shall side neither with the Owner nor with the Contractor, • Contract time reckoning: To commence on 7th day from receipt of
but shall use his powers and under the Contract to enforce its notice to proceed
faithful performance by both
• Request for time extension: To be filed within 15 days from
o In case of the termination of the employment of the Architect, occurrence of delay (item a. par 1)
the Owner shall appoint a capable and reputable Architect
against whom the Contract makes no reasonable • Beginning, suspending or resuming of work: Written notice to be
objection, whose status under the Contract shall be that of given to Ar. at least 10 days prior to beginning, suspending (except
the former Architect; any dispute in connection with such In case of accident) or resuming the work. (item f)
appointment shall be subject to arbitration.
• Request for supply of owner- furnished materials: Written
request to be made 10 days before they are actually needed (item a.
B. AUTHORITY & RESPONSIBILITY OF ENGINEERS Par 2)
Authority & responsibility of engineers
• Request for drawings: No claim for delay shall be allowed on
o The Engineers shall be solely responsible for their account of failure to furnish drawings until 2 weeks after demand for
respective designs, computations and other professional such drawings (item d.)
services they rendered in connection with the
preparation of Drawings and Specifications. They shall
assist the Architects in the general supervision and direction
B. CONTRACT SUM
● Contract sum breakdown: To be submitted within 15 days from
of the particular portion of the work where their professional
receipt of Notice to Proceed
services are concerned.
● Claim for extra cost: Notice to be given to Ar. within 15 days
o The Engineers shall inspect the work for conformance ○ After receipt of instruction involving extra cost, or
with the approved Drawings and Specifications and shall ○ After recognition of delay due to Owner’s fault
report to the Architect any discrepancy between such work
and said Drawings and Specifications. They shall make C. PROGRESS PAYMENTS
recommendations when necessary and as required ● Architect’s action on payment request: To be made within 15
consistent with the ethics of the profession. days after receipt of request for payment.

o The Engineers shall perform any professional service ● Owner’s action on payment request: To act within 15 days from
necessary for the accomplishment of the work subject to date of Ar.’s approval of payment request.
the terms and conditions of the Inter-professional
agreement between the Architect and the Engineers or ● Release of retention: To be released within 3 months after date of
any existing contract affecting or relative to the project. final payment.

UAP DOC. 301 Page |


16
UAP DOC. 301 COMPREHENSIVE EXAM

D. CORRECTION OF WORK

● Correction before final payment: I. BONDS AND INSURANCES


○ If Contractor fails to remove condemned work within a
reasonable time from notice, Owner may remove and store the ● Contractor’s liability insurance: Insurance policy shall not
same at Contractor’s expense. cancelled by insurance company without 10 days written notice to
Owner of Intention to cancel.
○ Contractor must pay expenses within 10 days from removal by
the owner; In default thereof, Owner may sell the materials ● Contractor’s performance and payment bond: Such bonds shall
after 10 days, from written notice of intent to sell. remain in effect until replaced by the Contractor’s Guarantee Bond

● Correction after final payment: ● Contractor’s Guarantee bond: To be furnished the Owner after
○ Contractor should remedy any defects due to faulty materials expiration of Performance and Payment Bonds and shall be
or workmanship, which may appear within a period of one year effective for a period of one year commencing from the date of
from date of acceptance of work by Owner (item a). acceptance as a guarantee that all materials and workmanship
installed are of good quality.
○ Repairs and corrective work at the expense and cost of
Contractor should be done within 5 days after written notice by
owner (item d). *MEMES FOR MOTIVATION

E. SUB-CONTRACTORS CLAIM FOR EXTRA COST

Sub-contractor may make all claims for extras, for extension of time
and for damages, for delays of otherwise to the Contractor in the manner
provided in the General Conditions of the Contract for the claims by the
Contractor upon the Owner except that the time for making claims for
extra cost is one week (item c).

F. CONTRACTOR’S RIGHT TO SUSPEND WORK OR


TERMINATE CONTRACT

Contractor may suspend work or terminate Contract upon 15 days


written notice to Owner and Architect, for any of the following reasons:

• If any court or other public authority orders work to be


stopped or suspended for 90 days through no fault of the
Contractor or his employees;

• If Architect fails to act upon request for payment within 15


days after presentation;

• If Owner fails to act upon request for payment within 15


days after Architect’s certification;

• If Owners fails to pay Contractor the agreed sum within 30


days after its award by arbitrators.
GINUSTO NIYO YAN!!!!!!!!! WAG KANG IIYAK
G. OWNER’S RIGHTS TO TERMINATE CONTRACT

• May be done after giving 15 days written notice to the Contractor or


his Surety if Contractor should:

o Declare bankruptcy, become insolvent or assign his assets for the


benefit of his creditors

o Disregard or violate provisions of the Contract Documents or


Architect’s Instructions.

o Fail to provide superintendent, workmen or subcontractors or


proper materials.

o fail to make prompt payment to sub-contractors, workmen or


material dealers

H. DISPUTES

If the Architect fails to render a decision within 15 days after parties have
presented their evidence, either party may demand arbitration (item d).

UAP DOC. 301 Page |


17

You might also like