share ko lang contract namin with architect/construction firm..
CONSTRUCTION AGREEMENT
This agreement is made and entered into this 5th day of May 2014, by and between [ARCHITECT NAME] of [CURRENT ADDRESS OF ARCHITECT], hereinafter referred to as “Contractor” and [HOME OWNER NAME] of [CURRENT ADDRESS OF HOME OWNER], hereinafter referred to as “Owner”.
WHEREAS, Owner warrants that he is the record owner of titled parcel of land, located in [ADDRESS OF HOUSE LOT].
And desires to engage Contractor to construct a Three Storey Residence, all are under Contractor's supervision.
WHEREAS, Owner and Contractor desire to enter into an agreement for the construction of a Three Storey Residence, hereinafter referred to as the “project” of the Owner who will be supervised by Contractor.
NOW THEREFORE, Contractor and Owner agree to construct a Three Storey Residence on the above-described property pursuant to the following terms and conditions.
1.) Building Plans. The agreed construction of the above-mentioned project is based on outline specification attached herein. The project will be constructed at [ADDRESS OF HOUSE LOT], hereinafter referred to as the “site”.
2.) Materials. Contractor shall furnish all necessary material and warrant its acceptability for the project. Contractor agrees to have all materials delivered to site or, in the event material will be partially or fully assembled off the site before finally being installed, to an appropriate alternate location. Materials supplied by the Owner are not included as indicated in the outline specifications.
3.) Design and Construction. Contractor shall furnish all labor, equipment and project supervision for the design, construction and preparation detailed drawing in accordance with the standard specification and design criteria. All necessary permits required by the local government in connection with this project shall be paid by the Owner. However, the Contractor shall secure the said permits. Water and power consumption is charged to the Contractor during construction.
4.) Consideration. If extra work and materials is performed by Contractor, Owner shall pay the Contractor an additional amount for the extra if approved by Owner, representative as is required by item no. 8 of this agreement. If contract is terminated by Owner, Owner agrees to pay all of Contractor's costs and expenses incurred through and including the date of termination.
5.) Starting Time and Completion. On or before May 5, 2014, reckoned upon the date we settle technical and contractual details, we shall endeavor to complete the above-described work within one hundred twenty (120) working days. Owner agrees that Contractor shall not be responsible for or subject to any penalty by reason of any delays in completing the project for any reason whatsoever.
6.) Quality of Workmanship. Contractor shall protect and maintain at his own expense the entire work within the limits of his Contract in good condition satisfactory to the Owner from the time he first started work until all work shall have been completed.
7.) Inspection. Owner shall have the right to inspect any on-site construction at the project at any time.
8.) Change Orders. Owner may from time to time authorize changes in the work, issue additional instruction, require additional work, or direct omission of work previously ordered; provided, however, Contractor shall not proceed with any changes involving an increase or decrease of costs with Owner's prior execution of a Standard Change Order form.
9.) Termination of Contract. Owner may terminate this contract for any reason provided all payments due and owing Contractor have been paid in full for all work executed through the date of termination. Furthermore, if work stoppage occurs for a period of 30 days under any order of any court or other public authority having jurisdiction, or as a result of any act of government, through no act or fault of Contractor, or if work should be stopped because Owner has not made payments provided in this contract, then and in that event, Contractor may terminate this agreement and recover from Owner payment for all work executed through the date of termination.
10.) Contract Amount and Terms of Payment. Contract Amount Php X,000,000, Php X,000,000 down payment upon signing or issuance of notice to proceed or whichever comes first, the balance shall be paid through progress billing.
First progress billing June 5, 2014 — Php XXX,000.00
Second progress billing July 5, 2014 — Php XXX,000.00
Third progress billing August 5, 2014 — Php XXX,000.00
Fourth progress billing September 5, 2014 – Php XXX,000.00
Fifth progress billing October 5, 2014 – Php XXX,000.00
Final payment upon completion — Php XXX,000.00
11.) Lien. Owner specifically understands and agrees that Contractor shall have a lien on the project and the real property described herein in an amount equal to sums owed Contractor for work performed as herein provided and that said lien shall be retained until Contractor is paid in full by Owner. Owner waives any and all homestead rights to said real property and consents that Contractor's lien shall be superior to any Owner's homestead rights.
12.) Assignment of Contract. This agreement may not be assigned by either party without the prior written consent of the other.
13.) Binding Effect. This agreement shall be construed under the laws of the Philippine Government and shall be binding upon the parties, their heirs, execution, administrators, successors and assigns.
14.) Liability. Owner acknowledges, agrees and hereby indemnities and holds Contractor, its employees, workers and agents harmless from and against any and all loss, damage, claims, action, or causes of action which may result in construction of the project, regardless of fault or blame.
15.) Allowance Items. Contractor shall provide a selection guide to the Owner to help the Owner select allowance items, materials, and colors that will be required during the construction process.
16.) Maintenance Period. Contractor is expected to make right any construction defect found in the project for a period of up to 12 months after the completion of the project.
IN WITNESS THEREOF, the parties have set their hands and seal the day and year first above written.
CONTRACTOR by [ARCHITECT NAME], UAP
OWNER [HOME OWNER NAME]
