CONSTRUCTION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This CONSTRUCTION AGREEMENT made and executed this _______
The day of ________ 2022 in the Dulag Leyte by and between:
Spouses Mr. ALVIN DAYOC and Mrs. NEZZTLLY DAYOC, with
residential address at Brgy. Cabacungan, Dulag Leyte, hereinafter referred to
as the OWNERS;
-and-
GENEVEVE L. COLASITO, an Architect, referred to as the CONTRUCTOR,
with the office address at Brgy. Salvacion Dulag Leyte.
WITNESSETH:
WHEREAS, the OWNERS, Spouses MR.ALVIN DAYOC and MRS.
NEZZTLLY DAYOC, shall construct of ONE STOREY RESIDENTIAL
BUILDING ,located at Brgy.Highway, Dulag Leyte.
WHEREAS, the CONTRUCTOR presented and warranted to the
OWNERS that it is capable and competent, to complete the aforementioned
Residential Building in accordance with the plans and specifications
hereinafter referred to as Design and Contract Documents.
WHEREAS, on the basis of the foregoing representation and warranty of the
CONTRUCTOR, the OWNERS accepted the offer of the CONTRUCTOR to
construct the above-mentioned Residential Building.
NOW, THEREFORE, for and in consideration of the foregoing premises and
the covenants and undertakings hereinafter set forth, the parties hereto agree
as follows;
ARTICLE 1. DESIGN AND CONTRACT DOCUMENTS. This agreement,
together with the following Design and Contract Documents, copies of which
are attached hereto, as prepared by GENEVEVE L. COLASITO in her
capacity as LICENSED ARCHITECT and Manager of the Contractor shall
constitute as entire agreement, to wit:
(a. ) Architectural Plans
(b. ) Structural Plans
(c. ) Electrical Plans
(d. ) Plumbing Plans
The DESIGNER/SIGNATORY of the Design and Contract Documents is also
the CONTRACTOR in this agreement.
Any part of the Design and Contract Documents may be changed by the
parties Agreement to improved,preserved, and protect the beauty and
strength of the structure.
All changes in the Design and Contract Documents shall be subject to the
following conditions.
(a. ) The parties to this Agreement shall first conduct a personal conference
consultation to mutually discuss and agree upon the changes proposed by
any of the parties hereto:
(b. )The said changes shall be approved in writing by the OWNERS prior the
implementation thereof by the DESIGNER/CONTRACTOR:
(c. )FINAL BILL OF MATERIALS is attached and duly discussed, approved
and signed by the parties to this Agreement.
ARTICLE 2. SCOPE OF WORK - The CONTRUCTOR shall implement the
Proposed Construction of One Storey Building at Brgy. Highway, Dulag Leyte,
Philippines.
The CONTRACTOR shall:
(a. ) Furnish all labor, materials, tools and equipment, technical know-how and
supervision therein; and
(b. ) Perform all the works stipulated and required under this Agreement.
The DESIGNER/CONTRACTOR shall secure the Permits and Licenses
required by the Municipal Building Official and other concerned internal offices
of the Local Government of the Municipality at the expense of the OWNERS
and subject to the right of the OWNERS to examine the expenses incurred for
said purposes and the documentary proofs thereof.
ARTICLE 3. TERMS OF PAYMENT - Payment for this Contract shall be
based on the following:
(a. ) Down Payment - Sixty six Percent (66percent) of the Contract Price
(b. ) Both parties agreed that the remaining amount shall be paid by the
OWNERS 4- 7 months after down-payment was made.
(c. ) Retention- Five Percent (5percent) of the Total Contract Price to be
released upon Turn- Over to the OWNERS of the Finished Project.
ARTICLE 4. EXCLUSIONS - The OWNERS- supplied materials such as
Lighting Fixtures, Air Conditioning Units, Water tanks, Fence, WI-FI, CCTV,
Cable TV, Telephone, Furniture,Window Grills,Window screen,Cabinetry and
the like are excluded from the obligations of the DESIGNER/CONTRACTOR
under this agreement.
All items and/or Materials which are not indicated in the Design Drawing
Plans, or or Contract Documents and which are not discussed, approved and
signed by the parties to this Agreement shall be excluded from their
respective obligations.
ARTICLE 5. CONTRACT AMOUNT - The CONTRACT AMOUNT shall be
ONE MILLION AND FIVE HUNDRED THOUSAND PESOS. (1,500,000.00)
The OWNERS shall pay the CONTRACTOR for the entire performance and
supply of the works, labor, services, materials, machinery and equipment
stipulated in this agreement in accordance with the agreed schedule of
payment stipulated in Article 3 of this Agreement.
The CONTRACTOR hereby guarantees and warrants the stability,strength
and structural integrity of the subject ONE STOREY RESIDENTIAL
BUILDING, within the period mandated by the Civil Code of the Philippines
and other applicable building laws, rules and regulations.
The OWNERS shall not incur any expenses above and beyond the
aforementioned agreed contract amount, except for the additional or extra
works or changes that may be required and authorized in writing by the
OWNERS and consent to in writing by the CONTRACTOR.
ARTICLE 6. DEFECTIVE WORKS AND MATERIALS.- All defective works
discovered by the OWNERS in the course of the construction until the date of
occupancy shall be promptly made good, repaired, remedied, restored,
corrected and rectified by the CONTRACTOR at its expense within seven
days from such discovery or within such reasonable period as may be
mutually agreed upon by the parties, at the option of the OWNERS.
All materials and workmanship are guaranteed by the CONTRACTOR for a
period of six (6) months from the date of the turn over of the construction
project.
ARTICLE 7. THIRD PARTY LIABILITY - The OWNERS shall be held free
and harmless from any and all civil criminal liabilities and from any and all
legal, administrative, judicial and extrajudicial claims, demands, suits or
actions by the Construction Workers, staff, Personnel and Agents of the
CONTRACTOR, by any and all concerned local and National Government
Agencies arising from, caused by, by reason of, or due to the construction of
the subject residential building.
The OWNERS shall not be held liable for any and all liens and encumbrances
which the CONTRACTOR might incur from any and all third parties or entities
arising from the supply of materials, labor, or services rendered for the
project.
ARTICLE 8. CHANGES AND ADDITIONS. - In the event additional or revised
works not shown or indicated in the approved Design and Contract
Documents are required or ordered by the OWNERS shall be communicated
in writing by the OWNERS to the CONTRACTOR through written change
orders or memoranda for mutual discussion, approval and documentation and
signing thereof by the parties to this agreement.
Such agreed costs may or may not result in upward or downward adjustments
of the agreed Contract Price stipulated in Article 5 of this Agreement.
The change orders or memoranda shall indicate any and all agreed TIME
EXTENSIONS that the additional or revised works would entail.
No change orders or memoranda shall be implemented without the prior
mutual discussion, approval and signature by and between the parties.
ARTICLE 9. TIME OF COMPLETION. - The CONTRACTOR warrants that
the construction of the subject Project shall be completed within two hundred
(200) working days excluding Sundays and Holidays, counted (a.) 10 days
after the signing of agreement, (b.) from the date the Site is ready for
construction as mutually determined by the parties -- whichever comes later.
ARTICLE 10. SAFEGUARDS. The CONTRACTOR shall provide safeguards,
facilities, equipment and personnel for the full protection and safety of the
construction site and its entire premises and the safety and protection of the
general public, pursuant to the standard and / or acceptable norms and
practices in the Construction Industry and/ or as may be mandated by
applicable laws, rules and regulations.
ARTICLE 11. ESCALATION CLAUSE NOT APPLICABLE - It is agreed that
the Contract Price stated in Article 5 of this Agreement is final and fixed.
MR. ALVIN DAYOC GENEVEVE L. COLASITO
Architect/ Contractor
And MRS. NEZZTLLY DAYOC
OWNERS
WITNESSES:
----------------------------- -------------------------------
ACKNOWLEDGEMENT
BEFORE ME in __________, Philippines on this _______day of
___________2022 personally appeared:
PRC. NO. 0019890
United Architects of the Philippines
Sugbo Chapter
Ar. GENEVEVE L. COLASITO
Who are known to me and to me known to be the same person who executed
the foregoing Construction Agreement consisting of ______( )
pages,including the page on which this Acknowledgement is written, which
Construction agreement is signed by the above named parties on the margin
of each page thereof, and who acknowledge to me that the same is their free
and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and place first above written.
Notary Public
ACKNOWLEDGEMENT RECEIPT
GENEVEVE COLASITO, Architect/, of legal age and resident of Barangay Salvacion
Dulag Leyte, do hereby acknowledge/ received the cash amount in the sum of
_____________________________________________________________________
______________a partial payment from the amount of _____________________for
the Plan and Design of the PROPOSED 24-ROOMS TWO STOREY BUILDING in
Tacloban City.
From______________________________________________________, of legal age
and a resident of Brgy._______________________________________________, this
___ day of October 24, 2023 at the __________________________________,
________________________
GENEVEVE L. COLASITO
Architect
Conforme:
__________________________
Client
Witness:
_________________________
_____________________________
