ARCHITECTURE AND CONSTRUCTION CONTRACT

OWNER-CONTRACTOR AGREEMENT
Page 1 23 November 2023
SECTION I: GENERAL INFORMATION

This ARCHITECTURE AND CONSTRUCTION AGREEMENT (hereinafter referred to as “the Contract”) made and
executed this 23rd day of November, 2023 at San Fernando, Pampanga by and between:

Spouses JASON CRISOSTOMO and KEITH CRISOSTOMO, of legal age, Filipino, and with residence address at
Magalang, Pampanga, hereinafter referred to as the OWNERS.

-and-

BRIGHTWAYS CONSTRUCTION & SERVICES, duly organized and existing under the laws of the Philippines,
represented by DUSTIN PUNSALAN, of legal age, Filipino, with office address at B5 L11-12 Narra St., Golden Ville
Residences, Saguin 2000 San Fernando, Philippines, hereinafter referred to as the CONTRACTOR:

WITNESSETH;

WHEREAS, spouses JASON CRISOSTOMO and KEITH CRISOSTOMO, are the legal owners of a proposed Fiesta
Community Property Renovation, located at Fiesta Community, Brgy Calulut, San Fernando, Pampanga, with the
Gated Fence, Carport, Master W-I-C/T&B, and other minor renovation, hereinafter referred to as the PROPERTY.

WHEREAS, the OWNERS are desirous of having Fiesta Community Property Renovation (hereinafter referred to as
PROJECT) and its supporting infrastructure constructed in accordance with the plans, specifications and drawings
presented, accepted and agreed (hereinafter referred to as Design Documents) and in accordance with the Owner-
Contractor Agreement (the “Contract”)

WHEREAS, on the basis of the foregoing representation and warranty of the CONTRACTOR, the OWNERS accepted
the offer of the CONTRACTOR to construct the above-mentioned PROJECT.

Now, it is HEREBY AGREED as follows:

1. For the consideration, the Contractor shall complete and maintain the completion of the works in SEVENTY
(70) working days subjected to the Design Documents.
2. The Owners will pay the Contractor the agreed sum of money payable in accordance with the Conditions of
Contract for the construction specified in Section II.

SECTION II: SCOPE OF WORK

The CONTRACTOR shall implement the Proposed Construction of the PROPERTY

This Agreement, together with the following Design and Contract Documents, copies of which are attached hereto
as Annexes “A” to “F” hereof, shall constitute as the Entire Agreement, to wit:

(a) Annex “A” - Architectural Plans

(b) Annex “B” - Structural Plans
(c) Annex “C” - Electrical Plans
(d) Annex “D” - Plumbing Plans
(e) Annex “E” - Bill of Materials & Specifications

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.

Jason Crisostomo Keith Crisostomo

Owner Owner
Dustin Punsalan
Contractor
 ARCHITECTURE AND CONSTRUCTION CONTRACT
OWNER-CONTRACTOR AGREEMENT
Page 2 23 November 2023
The CONTRACTOR shall initially secure the Permits and Licenses (Building Permits, Occupancy Permits, and
other Incidental Permits) required by the Local Government Building Official and other concerned internal offices of
the Local Government on behalf of the OWNERS. All expenses incurred in the process shall be reimbursed by the
CONTRACTOR to the OWNERS.

(a) The original copies or duplicate original copies or certified true copies of the FINAL DESIGN AND
CONTRACT DOCUMENTS duly discussed and approved/signed by the parties to this Agreement and officially
filed with, received by, processed, and approved by the Building Official of the Local Government, pursuant to
applicable building and other laws;

(b) The original copy or duplicate original copy or certified true copy of the PRELIMINARY AND FINAL SCOPE
OF WORKS AND AMENDED VERSIONS THEREOF, if any, duly discussed, approved, and signed by the
parties to this Agreement;

(c) The original copy or duplicate original copy or certified true copy of the PRELIMINARY AND FINAL BILL
OF MATERIALS AND AMENDED VERSIONS THEREOF, if any, duly discussed, approved, and signed by
the parties to this Agreement; and

(d) The original copies or duplicate original copies or certified true copies of any and all other relevant
materials, documents, records, plans, papers, and legal instruments as may be required from time to time by
the OWNERS from the CONTRACTOR for the information and reference of the OWNERS.

SECTION III: CONTRACT AMOUNT AND SCHEDULE OF PAYMENTS

The CONTRACT AMOUNT WITH ARCHITECTURAL FEE INCLUDED, and as stipulated in Annex E: Bill of
Materials shall be ONE MILLION THREE HUNDRED FOURTEEN THOUSAND SIXTY-EIGHT PESOS (PHP
1,314,068.00);

The OWNERS shall pay the CONTRACTOR for CONTRACT AMOUNT representing the entire performance and
supply of the works, labor, services, materials (e.g., doors, windows, toilet & bath mirrors, and room closet cabinets),
machinery, and equipment stipulated.

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
consented to in writing by the CONTRACTOR;

Payment for this Contract shall be based on the following:

(a) Initial Payment - is ONE HUNDRED FIFTY THOUSAND PESOS (PHP 150,000.00) of the Total Contract Price
and shall be paid upon signing of the contract.
(b) Down Payment - is THREE HUNDRED THOUSAND PESOS (PHP 300,000.00) of the Total Contract Price and
shall be paid once construction is ready to commence.
(c) Retention - To be released upon Turn-Over to and acceptance of the OWNER.
(d) Progress Monthly Billing - based on the number of months to finish the construction (please refer to the schedule
below that is subject to change depending on the agreement of the OWNER and the CONTRACTOR);

Initial Payment 150,000.00

Downpayment 300,000.00
Month 1 400,000.00
Month 2 400,000.00
Upon completion (Retention) 64,068.00
TOTAL Php 1,314,068.00

Jason Crisostomo Keith Crisostomo

Owner Owner
Dustin Punsalan
Contractor
 ARCHITECTURE AND CONSTRUCTION CONTRACT
OWNER-CONTRACTOR AGREEMENT
Page 3 23 November 2023
SECTION IV: EXCLUSIONS, ADDITIONS, AND CHANGES

The Owner-Supplied Materials (OSM) such as, but not limited to building permit fees, construction bond, water &
electric meter deposits, lighting fixtures, landscape, consoles, furniture, mirror closet (T&B), WI-FI, CCTV, Cable TV,
and the like are excluded from the obligations/warranty of the CONTRACTOR under this Agreement.

If, at any point of the project, the client decided to source and supply materials for specific sections of the property,
the subsequent reduction of the relevant item/s in the bill of materials is capped at 93% of each item/s respective unit
cost.

All Items and/or Materials that are not indicated in the Design, Drawing Plans, or Contract Documents and which are
not discussed, approved, and signed by the parties to this Agreement shall be excluded from their respective
obligations.

Additions, changes or revisions not shown or indicated in the approved Design and Contract Documents required or
ordered by the OWNERS shall be communicated in writing by the OWNERS and acknowledged by the
CONTRACTOR through signing or issuing a written change orders for mutual discussion, approval, and
documentation and signing thereof by the parties to this Agreement.

All mutually signed change orders shall state the AGREED COSTS of the additional, revised, deleted, or omitted works
including labor costs.

Such agreed costs may or may not result in adjustments of the agreed Contract Price stipulated in Section 3 of this
Agreement. All agreed change costs shall be based on the prevailing market prices at the time of implementation of
said changes or procurement of materials.

SECTION V: DEFECTIVE WORKS AND MATERIALS, AND FORCE MAJURE

All defective works discovered by the OWNERS during the construction until the date of occupancy shall be promptly
made good, repaired, remedied, restored, corrected, and rectified by the CONTRACTOR at its expense.

All unsuitable, sub-standard, and poor-quality construction materials and works may be rejected by the OWNERS and
the CONTRACTOR and shall be promptly made good, remedied, corrected, rectified, and replaced by the
CONTRACTOR at its expense, notwithstanding that such works and materials were overlooked by the OWNERS.

If the work or any part thereof shall be found to be not in conformity with the agreed specifications, the
CONTRACTOR shall forthwith remove and replace such materials to comply with the agreed specifications, unless
covered by Section 4.

The roofing works and other workmanships such as electrical and plumbing are guaranteed by the
CONTRACTOR for a period of six (6) months from the date of the turn-over of the construction project while the
architectural finishings
are guaranteed by the CONTRACTOR for a period of three (3) months from the date of the turn-over of the
construction project.

The CONTRACTOR hereby guarantees and warrants the structural stability, strength, and integrity of the
PROJECT within the period mandated by the Civil Code of the Philippines and other applicable building laws, rules,
and regulations.

The CONTRACTOR will not be liable for any failure or delay in performing an obligation under this Agreement that is
due to any of but not limited to the following causes, to the extent beyond its reasonable control: acts of God, accident,
riots, war, terrorist act, epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion,

Jason Crisostomo Keith Crisostomo

Owner Owner
Dustin Punsalan
Contractor
 ARCHITECTURE AND CONSTRUCTION CONTRACT
OWNER-CONTRACTOR AGREEMENT
Page 4 23 November 2023
breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural
catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or
generalized lack of availability of raw materials or energy.
In the event that a lockdown occurs which may disrupt the construction of the residential building, the OWNER may
postpone the deposit of the scheduled payment with the CONTRACTOR’s acknowledgment.

Force Majeure shall not include (a) financial distress or (b) a party's financial inability to perform its obligations
hereunder.

SECTION VI: SAFEGUARDS and INDEMNITY

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.

The CONTRACTOR shall be solely responsible for and shall hold the OWNERS free and harmless from and against
any and all obligations, liabilities, damages, losses, expenses, judgments, court costs or costs of suit, attorney's fees,
litigation expenses, demands, payments, suits, actions recoveries, decrees, executions and claims of whatever nature,
kind and description brought, commenced, instituted and/or recovered against the CONTRACTOR and/or jointly
against the OWNERS as the co-defendants of the CONTRACTOR (a) by any and all builders, agents, servants,
laborers, employees or representatives of the CONTRACTOR and/or (b) by any and all injured or aggrieved persons,
parties and/or entities arising from, by reason of, due to, and/or caused by the construction of the subject residential
building.

The OWNERS shall be held free and harmless from any and all and from any and all legal, administrative, judicial,
and extrajudicial claims, demands, suits, or actions by the Construction civil and criminal liabilities Workers, Staff,
Personnel, and Agents of the CONTRACTOR, by any and all Third Parties and Entities, whether natural or juridical,
and 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, such as but not limited to:

(a) Salaries, Wages, Allowances and Workers Benefits, as required by applicable labor laws,
(b) Compensation for Injury or Death of a Construction Worker, Personnel and Agents of the CONTRACTOR,
pursuant to applicable laws, rules and regulations and/or by equity and natural justice,
(c) Any and all other legal or financial obligations of whatever nature and kind not mentioned above which are
payable by the CONTRACTOR to the Local and/or National Governments pursuant to applicable laws, rules
and regulations and/or by equity and natural justice.
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.

The CONTRACTOR shall not be held liable for any and all liens and encumbrances which the OWNERS might incur
from any and all third parties or entities arising from the owner-supply of materials (OSM), labor, or services rendered
for the project.

SECTION VII: VENUE

All legal, administrative, judicial, and extrajudicial claims, demands, suits, or actions arising from, caused by, by reason
of, or due to the construction/completion of the subject residential building shall be filed in the appropriate avenue in
the City of San Fernando Pampanga.

IN WITNESSES WHEREOF, the parties written.

Jason Crisostomo Keith Crisostomo

Owner Owner
Dustin Punsalan
Contractor
 ARCHITECTURE AND CONSTRUCTION CONTRACT
OWNER-CONTRACTOR AGREEMENT
Page 5 23 November 2023

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF PAMPANGA ) S.S.

BEFORE ME, A Notary Public for and in the Province of Pampanga personally came and appeared by
_____________________________________________________________, with residence and postal address at
_______________________________________________________________ and BRIGHT WAYS
CONSTRUCTION SERVICES, represented by DUSTIN PUNSALAN, of legal age, Filipino, with office address at B5
L11-12 Narra St., Golden Ville Residences, Saguin 2000 San Fernando, Philippines, known to me to be the same
person who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act
and deed.

This instrument consists of five (5) pages including the page whereon this acknowledgment is written has
been signed by ____________________________, and Dustin Punsalan and their instrumental witnesses and
sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand this ___day of _________ at the place first above
written.

NOTARY PUBLIC

Doc. No. __________;

Page No.__________;
Book No.__________;
Series of 2023

Jason Crisostomo Keith Crisostomo

Owner Owner
Dustin Punsalan
Contractor