28 Mar 2023

Authorship + Disclaimer
This work is the property of Arch. Pedro Santos Jr.

UAP DOC. 301 Always check the values given in this document
against the original references. For questions or
General Conditions corrections, contact the author at
[email protected].

1
 28 Mar 2023

SECTION 1
Definitions and
Creative Commons Documents
This presentation is licensed under the Creative
Commons Attribution-NonCommercial-ShareAlike 4.0
International License. To view a copy of this license, visit
http://creativecommons.org/licenses/by-nc-sa/4.0/

2
 28 Mar 2023

Contract documents
• Agreement
• General Conditions
Definition of terms • Special Provisions
• Specifications
• Drawings
• All additions, deletions, and modifications
incorporated before the execution of the contract

3
 28 Mar 2023

Owner Architect
The person or entity ordering the project for The architect commissioned by the owner acting
execution, including duly appointed successors personally or through assistants duly authorized
of authorized representatives in writing by the architect to act on his behalf

4
 28 Mar 2023

Engineer Project representative

The person so named in the Contract The full-time construction inspector hired by
Documents of his duly authorized the owner duly authorized in writing to assist
representative the architect and engineer in supervising the
work

5
 28 Mar 2023

Contractor Subcontractor
The person or firm whose proposal has been
Anyone having a direct contact with the contractor
accepted and to whom the contract was
who acts for or in behalf of the contractor in
awarded
executing any part of the contract, not including
one who merely furnishes materials without labor

6
 28 Mar 2023

Surety Proposal
The person, firm, or corporation who provides The offer of a bidder to perform the work
the guarantee for the contractor’s bonds described by the contract documents when made
out and submitted on the prescribed Proposal
Form, properly signed and guaranteed

7
 28 Mar 2023

Proposal bond Performance bond

The cashier’s check or surety bond Approved form of security furnished by the
accompanying the proposal submitted by the contractor and his surety as a guarantee of good
bidder as a guarantee that the bidder will enter faith on the part of the contractor to execute the
into a contract with the owner if the contract is work in accordance with the terms of the
awarded to him contract

8
 28 Mar 2023

Payment bond Guarantee bond

The approved form of security furnished by the The approved form of security furnished by the
contractor and his surety as a guarantee of contractor and his surety as a guarantee to the
good faith on the part of the contractor to pay quality of the materials and equipment installed
all obligations arising from the contract and the workmanship of the contractor

9
 28 Mar 2023

Agreement Invitation to bid

• The contract between the owner and the contractor The notice published by the owner or the invitations
undertaking the project described in the contract issued to prospective bidders, giving information as
documents including all supplemental agreements thereto to the nature of the proposed project, conditions for
and all general and special provisions pertaining to the the issuance of contract documents, date of
work or materials for the work bidding, and estimated cost or information that
would give the contractor a general idea of the
magnitude and extent of the project

10
 28 Mar 2023

Bid bulletin Instructions to bidders

Additional information on Contract Documents The list of instructions stipulating the manner on
issued to bidders before the date of bidding how bids are to be prepared and conditions for
the award of the contract

11
 28 Mar 2023

Drawings General conditions

Graphical representations of the work involved Printed documents stipulating the procedural
in the project. They include all supplementary and the administrative aspects of the contract
details and shop drawings

12
 28 Mar 2023

Special provisions Specifications

Instructions which may be issued prior to the
Written or printed description of work to be done
bidding, to supplement and/or modify drawings,
describing the qualities of the materials and
specs, and/or the general conditions of the
mode of construction
contract

13
 28 Mar 2023

Supplementary specs Schedule of matls/finishes

Additional information which may be issued as An outline specification enumerating the type
an addition or amendment to the provisions of or trade names of materials to be used
the specifications

14
 28 Mar 2023

Breakdown of work and

corresponding value Written notice
A listing of the different parts of the work indicating Information, advice or notification pertinent to the
in each part the corresponding value in materials project delivered in person or sent by registered
and labor, including an allowance for profit and mail to the individual, firm, or corporation at the last
overhead known business address of such individual, firm, or
corporation

15
 28 Mar 2023

Act of God/Force majeure Act of God/Force Majeure

A cataclysmic phenomenon (earthquake, Rain, wind, flood, or other natural phenomenon of
flood, typhoon, cyclone, etc.) of nature and all inconsequential degree for the locality shall not be
misfortunes/accidents which human construed as an Act of God or Force Majeure and
prudence could not foresee or prevent. no reparation shall be made to the contractor for
the damages to the work resulting therefrom

16
 28 Mar 2023

Time limit Local laws

Time limit is the duration of time allowed by the All laws, ordinances, and other governmental
contract for the completion of the prpoject in any regulations applicable to the project
stipulated portions thereof

17
 28 Mar 2023

Work Furnish
This term includes labor or materials or both, as This term means to purchase and/or fabricate and
well as equipment, transportation, or other facilities deliver to the jobsite or other location when so
necessary to commence and complete the designated
construction called for in the contract

18
 28 Mar 2023

Install Provide
This term shall mean to build in, mount in positions, Means to furnish and install
connect, or apply any object specified ready for the
intended use

19
 28 Mar 2023

Approved, directed, or
Required/necessary acceptable
Means as required or necessary for the complete Shall mean approved, directed by, or acceptable to
execution of that portion of the work the architect unless otherwise stipulated in the
contract

20
 28 Mar 2023

SIGNATURE ON DOCUMENTS
▪ The contract documents shall be signed in
Execution, quintuplicate by the owner and the contractor,
correlation, and intent of duly witnessed
documents

21
 28 Mar 2023

INTENT OF CONTRACT DOCS CONFORMITY TO CONTRACT DOCS

▪ The contract documents are complementary and ▪ If there are variances between the drawings and
what is called for by any one shall be as binding the specs, the provisions of the specs shall prevail
as if called for by all
▪ Any discrepancy found between the drawings and
▪ The intention is to include all labor and materials, the specs and site conditions or any
equipment and transportation necessary for the errors/omissions in the drawings or the specs
proper execution of the work shall be immediately reported to the architect or
engineer who shall promptly correct said
discrepancy

22
 28 Mar 2023

CONFORMITY TO CONTRACT DOCS CONFORMITY TO CONTRACT DOCS

▪ Responsibility for adequacy of the design and for ▪ The contractor and the architect/engineer shall
sufficiency of drawings/specs shall be borne by jointly prepare a schedule subject to change from
the owner time to time in accordance with the progress of
the work
▪ The architect or engineer shall furnish from time
to time all additional detail drawings and
instructions essential to the proper execution of
the work

23
 28 Mar 2023

CONTRACTOR DOCUMENTS AT OWNERSHIP OF CONTRACT

SITE OF WORK DOCS/MODELS
▪ The contractor shall keep at the site, in good ▪ The drawings, specs, and models including all
order, one copy each of the following: additional instructions and copies thereof
▪ Drawings furnished for this work by the architect are the
▪ Specs
property of the architect
▪ Breakdown of work
▪ Schedule of construction
▪ All instructions and graphs available to the architect
and his representatives

24
 28 Mar 2023

COPIES OF DRAWINGS/SPECS
▪ The owner shall furnish the contractor free of
charge three sets of drawings and specs
Drawings and specs

25
 28 Mar 2023

COORDINATION OF CLARIFICATION OF MEANING OF

DRAWINGS/SPECS DRAWINGS AND SPECS
▪ All drawings and models are intended to be ▪ The contractor shall carefully examine, compare and
coordinated with the specs, and also to form a verify the date furnished by the drawings and specs
part of the contract documents ▪ Should a conflict occur between drawings, or a
conflict between specs and drawings, the contractor
shall be deemed to have estimated a more expensive
way of doing work unless he shall have asked for and
obtained a decision in writing from the architect
before submission of proposal as to which method or
materials will be required

26
 28 Mar 2023

CLARIFICATION OF MEANING OF CLARIFICATION OF MEANING OF

DRAWINGS AND SPECS DRAWINGS AND SPECS
▪ If, after the award, the less expensive work is ▪ If, in the contractor’s opinion, any work indicated
done, the contractor shall credit the owner an in the drawings or specified in a manner will make
amount equivalent to the difference between the it impossible to produce a first-class work, he
more expensive and less expensive work shall refer the same to architect for interpretation
before proceeding with work. If the contractor
fails to make such a reference, no excuse will be
entertained for failure to carry out work in the
most satisfactory manner.

27
 28 Mar 2023

DISCREPANCIES IN DRAWINGS
▪ In case of In case of discrepancy in the figures or
drawings, the matter shall be submitted
immediately to the Architect, before any
Detail drawings and
adjustment shall be made by the contractor save instructions
only at latter’s own risk and expense, the decision
of the Architect on the adjustment of
discrepancies so as to conform to the real intent
of the drawings and specifications shall govern
and shall be followed by the Contractor.

28
 28 Mar 2023

SUPPLEMENTARY DRAWINGS SUPPLEMENTARY DRAWINGS

AND INSTRUCTIONS AND INSTRUCTIONS
▪ The drawings referred to in these Specifications ▪ All such additional detail drawings and Instructions shall
be consistent with the contract documents, true
will be further supplemented by additional detail developments thereof, and reasonably inferable
drawings and Instruction essential to the proper wherefrom.
interpretation of the Drawings and the proper
▪ All such additional drawings and Instructions are to be
execution of the work. considered of equal force as those which originally
▪ The Architect shall furnish with reasonable accompany the specifications. The work shall be executed
in conformity with such detail drawings and instructions,
promptness such additional detail drawings and
and the Contractor shall do no work without proper
instructions. drawings and instructions.

29
 28 Mar 2023

SCHEDULE FOR SUBMISSION OF

SHOP DRAWINGS
▪ The contractor and the architect, if either one so
requests, shall jointly prepare a schedule subject
to change from time to time in accordance with Shop drawings
the progress of the work, fixing the dates at which
the various detail drawings will be required, and
the architect shall furnish them in accordance
with that schedule

30
 28 Mar 2023

CONDITIONS FOR SHOP DRAWINGS CONDITIONS FOR SHOP DRAWINGS

▪ The Contactor shall prepare at his own expense ▪ The Architect shall pass upon them with
and submit with such promptness as to cause no reasonable promptness, making desired
delay in his own work or in that of any other corrections. The Contractor shall make any
contractor doing work on the same building, two corrections required by the Architect, file with him
copies of all shop or setting drawings, templates, two corrected copies and furnish such other
patterns and models as well as schedule required copies as may be needed.
for the work of the various trades

31
 28 Mar 2023

CHECKING OF SHOP DRAWINGS IDENTIFICATION

▪ Before submitting shop drawings for approval, the ▪ Shop drawings shall be numbered consecutively
Contractor shall check drawings of all sub- and represent:
contractors for accuracy. ▪ All working and erection dimensions.
▪ He shall see that all work contiguous with and ▪ Arrangements and sectional views.
having bearing on work indicated on shop ▪ Necessary details, including complete information for
drawings is accurately and distinctly illustrated making connections with other work.
and that work shown is in Conformity with ▪ Kinds of materials and finishes.
Contract requirements

32
 28 Mar 2023

CORRECTION,
LETTER OF TRANSMITTAL CHANGES, VARIATIONS
▪ Submission of shop drawings shall be ▪ The Contactor shall submit three sets of prints of
accompanied by a letter of transmittal in shop drawings to the Architect for approval.
duplicate, containing name of project, contractor’s ▪ Satisfactory shop drawings will be so identified by the
name, number of drawings, titles, and other Architect, dated and one copy thereof returned to the
pertinent data. contractor.
▪ Should shop drawings be disapproved by the
Architect, one set of such shop drawings will be
returned to the contractor with necessary corrections
and changes to be made as indicated.

33
 28 Mar 2023

CORRECTION, CORRECTION,
CHANGES, VARIATIONS CHANGES, VARIATIONS
▪ The Contractor shall make required corrections ▪ No work called for by shop drawings shall be
and changes and resubmit shop drawings, in executed until the Architect’s approval is given.
duplicate until the Architect’s approval is obtained.
▪ If shop drawings show variations from Contract
▪ Upon receipt of approval the Contractor shall requirements because of standard shop practice
Insert date of approval on tracing and promptly or other reasons, the Contractor shall make
furnish the Architect with three additional prints of specific mention of such variations in his letter of
approved drawings. submittal.

34
 28 Mar 2023

RESPONSIBILITY FOR ACCURACY RESPONSIBILITY FOR ACCURACY

▪ Approval of shop drawings will be general. It shall ▪ The Architect’s approval of such drawings or
not relieve the Contractor of responsibility for schedule shall not relieve Contractor from
accuracy of such shop drawings, nor for Proper responsibility for deviations from Drawings or
fitting and construction of work, nor for furnishing Specifications, unless he has in writing, called the
of materials or work required by the Contract and Architect’s attention to such deviations at the time
not indicated on shop drawings. of submission and secure his written approval,
nor shall it relieve him from responsibility for
errors of any sort in shop drawings or schedules

35
 28 Mar 2023

SECTION 2
Laws, regulation, site conditions, permits, taxes Laws, regulation, site
conditions

36
 28 Mar 2023

LAWS + REGULATIONS LAWS + REGULATIONS

▪ In general the contractor shall comply with all the ▪ If the Contractor performs any work contrary to
laws, city and municipal ordinances , and all such laws, ordinances rules and regulations, and
building Codes, rules and regulations, In so far as without such notice to the Architect, he shall bear
they are binding upon or affect the parties hereto, all costs arising there from.
the work, or those engaged thereon.
▪ He shall also comply with regulations of firms
furnishing utilities such as water, gas, telephone
and electricity for the project.

37
 28 Mar 2023

SITE CONDITIONS
▪ Before the bidding and the awarding f the contract,
the Contractor is expected to have visited the locality
of the work and made his own estimates of the Permits, taxes,
facilities and difficulties attending to the execution of
the proposed contract, including local conditions and
surveys
all other contingencies.
▪ No extra compensation and extension of time will be
given due to negligence or inadvertence of the
Contractor.

38
 28 Mar 2023

PERMIT + LICENSES PERMIT + LICENSES

▪ All construction permits and licenses necessary ▪ The Contractor shall solely responsible for the
for the execution of the work or of any temporary actions taken by him should the construction be
work and easements in relation thereto should be started before acquiring the necessary permits
secured, and the corresponding required fees paid and licenses.
by the Contractor.
▪ The Contractor shall also secure the final
▪ The cost of such permits and licenses may,
However be reimbursed by the Owner to the occupancy permit but he shall not be responsible
Contractor if specifically Stipulated in the prior for the non-issuance or the delay in the Issuance
Instructions of the Owner or the Architect. thereof through no fault of the Contractor.

39
 28 Mar 2023

TAXES STAKES/REFERENCE MARKS

▪ :Wherever the law of the place of building required ▪ The Owner shall be responsible for the establishment
sales, consumer, use, or other similar tax related of lot lines, boundary lines, easement, and
benchmarks by a certified surveyor.
or pertinent only to the construction of the project,
the Contractor shall pay such tax. ▪ The Owner may relegate this responsibility to the
Contractor provided the Owner shall pay for the cost
of said services.
▪ All other grades, lines, levels and benchmarks
necessary for the prosecution of the work shall be
established and maintained by the Contractor.

40
 28 Mar 2023

STAKES/REFERENCE MARKS STAKES/REFERENCE MARKS

▪ The Contractor shall verify all grades, lines, levels ▪ The contractor shall provide and maintain well-
and dimensions as indicated on the Drawings. He built batter boards at all corners. He shall
shall report any error or in consistency to the establish benchmarks in not less that two widely
Architect before commencing work. separated places. As work progresses, he shall
establish benchmarks at each floor giving exact
levels of various floors.
▪ As work progresses the Contractor shall lay out
exact location of all partitions as a guide to all
trades.

41
 28 Mar 2023

LICENSED SURVEYOR LICENSED SURVEYOR

▪ The Contractor shall pay for services of a licensed ▪ It is the intention that the Surveyor’s Certification
surveyor when so required to confirm and certify shall represent an Independent and disinterested
the location of column centers, piers, wall, pits, verification of such lay-out.
trenches, pipe work, culvert work, utility lines and
work of similar nature required by the Contract.
▪ A copy of such certification shall be furnished the
Architect. It is the intention that the Surveyor’s
Certification shall represent an Independent and
disinterested verification of such lay-out.

42
 28 Mar 2023

FINAL CERTIFICATION FINAL CERTIFICATION

▪ Final certification shall be submitted upon ▪ Any exception or deviations from the Drawings
completion of work, or upon completion of any shall be noted on final certificate, and there shall
section of work, if required by the Architect, and be included any maps, plots, notes, and the like
before final payment is made. necessary in the opinion of the Architect to
constitute a full and complete report.

43
 28 Mar 2023

GENERAL
SECTION III ▪ All materials and equipment must conform to all
laws, ordinances regulations and building codes
Equipment and Materials now or hereafter may be in force and applicable
during the period of construction
▪ the contractor shall obtain the necessary permits
and pay the required fees therefore to the proper
authorities.

44
 28 Mar 2023

GENERAL EQUIPMENT
▪ The Contractor shall bear any and all damages by ▪ In order to establish standards of quality, the
reason of ay delay in the work arising from his Architect and the Engineer have in the detailed
failure to comply the provisions of his clause Specifications, referred to certain equipment by
▪ Note: should any revision or amendments to such name and catalog number.
laws, ordinances, regulations and building codes made
▪ This procedure is not to be construed as
during the construction period affect the cost or time
of completion of the contract, a corresponding
eliminating from competition other products of
adjustment shall made. equal or better quality by other manufacturers
where fully suitable in design.

45
 28 Mar 2023

EQUIPMENT EQUIPMENT
▪ The Contractor shall furnish the complete list of ▪ The Contractor shall by abide by the Architect’s
proposed substitutions prior to the signing of the and the Engineer’s judgments when proposed
Contract, together with such engineering and substitute items of equipment are judged to be
catalog data as the Architect and the Engineer acceptable and shall furnish the specified item of
may require. equipment in such case.
▪ No substitute equipment shall be used unless
approved in writing.

46
 28 Mar 2023

EQUIPMENT EQUIPMENT
▪ The architect and the engineer must review and ▪ It shall be the responsibility of the Contractor to
approve the catalog data for all equipment before insure that Items to be furnished fit the space
any equipment is ordered by the contractor available. He shall make necessary field
measurements to ascertain space requirements,
▪ The approval of the Architect and the Engineer
including those for connections
shall not relieve the Contractor from responsibility
for deviations from Drawings or Specifications,
unless he has in writing called their attention to
such deviations at the time of submission

47
 28 Mar 2023

MATERIALS, FIXTURES, FITTINGS MATERIALS, FIXTURES, FITTINGS

FURNISHED BY THE CONTRACTOR FURNISHED BY THE CONTRACTOR
▪ Names of proposed manufacturers, material men, ▪ No manufacturer will approved for any materials
and dealers who are to furnish materials, fixtures, to be furnished under this Contract unless he shall
appliances or other fittings shall be submitted to be of good reputation, shall have a plant of ample
the Architect for approval as early as possible, to capacity and adequate quality control and shall
afford proper investigation and checking. have successfully produced similar products.
▪ All transactions with manufacturers, or sub-
contractor, shall be through the Contractor.

48
 28 Mar 2023

SAMPLES OF MATERIALS SAMPLES OF MATERIALS

▪ The Contractor shall furnish for approval, with such ▪ Where specifications require manufacturer’s printed
promptness as to cause no delay in work, samples as installation directions, such directions shall accompany
specified or required. Work shall be in accordance samples submitted for approval.
with approved samples.
▪ A letter of transmittal in triplicate from the Contractor
▪ Unless otherwise specified, three samples shall be requesting approval shall accompany all sets of samples.
submitted, and of adequate size to show quality, type,
colour, range, finish, and texture if material. ▪ Transportation charges to the Architect’s office must be
prepaid on all samples forwarded.
▪ Each sample shall be labeled, bearing material name
and quality, the Contractor’s name, date project ▪ Materials shall not be ordered until approval is received in
name, and other pertinent data. writing from the Architect. All materials shall be furnished
substantially equal in every respect to approved samples.

49
 28 Mar 2023

TRADE NAMES AND SUBSTITUTES TRADE NAMES AND SUBSTITUTES

▪ Whenever item or class of material is specified ▪ Materials and articles installed or used without
exclusively by trade name, by manufacturer’s such approval shall be at the risk of subsequent
name or by catalogue reference, only such item rejections.
shall be used except as provided for in paragraph
▪ Samples of materials for use in reinforced
(b) hereof.
concrete work such as steel bars cement,
▪ No substitution shall be made for any material, aggregates and their certificates of origin are to
article, or process required under Contract unless be approved by the Architect.
approved in written by the Architect.

50
 28 Mar 2023

TESTING SAMPLES OF MATERIALS QUALITY OF MATERIALS

▪ The Contractor shall submit to the Architect as ▪ Unless otherwise specified, all material shall be new.
many samples as may be needed for purposes of The quality of materials shall be the best grade of
their respective kinds for the purpose. The work shall
testing. Testing of all samples shall comply with be performed in the best and most acceptable
the Specifications and government standards and manner in strict accordance with the requirements of
shall be performed by competent entity or testing the Drawings and Specifications.
laboratory approved by the Architect. All cost for ▪ The decision of the Architect as to quality and
shipment, delivery, handling, and testing of quantity of work and material shall be final and
samples are to be paid by the Contractor. precedent to the Contractor’s right to receive any
money hereunder.

51
 28 Mar 2023

STORAGE AND STOCKPILING OF

MATERIALS DEFECTIVE MATERIALS
▪ The Contractor shall allot suitable space to sub-contractor ▪ All materials not conforming to the requirements of
for storage of their materials and for erection of their shed these specifications shall be considered as defective.
and tool houses. No defective materials, the defects of which have
▪ All cement, lime, and other materials affected by moisture subsequently corrected, shall be used until approval
shall be stored on platforms and protected from weather. has been given. Upon failure on the part of the
Materials shall stored as to insure the preservation of their Contractor to comply forthwith with any order of the
quality and fitness for the work. Stored materials shall be Architect made pursuant to the provisions of this
located so as to facilitate prompt inspection. article, the architect shall have authority to remove
▪ Should it be necessary at any time to move materials, and replace defective materials and to deduct the
sheds, or storage platforms, the Contractor shall do so at cost of removal and replacement from any money
his own expense. due or to become due the Contractor.

52
 28 Mar 2023

DEFECTIVE MATERIALS DEFECTIVE MATERIALS

▪ The apparent silence of the Specifications, ▪ Failure or neglect on the Architect, or any of his
Drawings, Special Provisions and supplementary agents to condemn or reject bad or interior
Specifications, as to any detail or description materials shall not be construed to imply an
concerning any point shall be regarded as acceptance of the materials if said bad or inferior
meaning that only the best general practice is to materials are discovered at any time prior to the
prevail and that only materials and workmanship final acceptance f the work by the Owner and the
of first class quality are to be used. release of the Contractor.

53
 28 Mar 2023

IMPORTED MATERIALS,
FIXTURES AND EQUIPMENT OWNER-SUPPLIED MATERIALS
▪ The Contractor shall take cognizance of the in ▪ Materials, equipment, fixtures, appliances and
element of the Contract. He shall make early fittings specifically indicated shall be furnished by
arrangements for the purchase and delivery of all the Owner in accordance with schedule of delivery
specified imported materials, fixtures, appliances agreed upon between the Owner and the
and equipment in order to avoid delay in the
completion of the work. Contractor. The fact that the Owner is to furnish
material is conclusive evidence of its acceptability
▪ No extension of time or substitution of materials for the purpose intended and the Contractor may
shall be allowed due to negligence or inadvertence continue to use it until other directed.
of the Contractor.

54
 28 Mar 2023

OWNER-SUPPLIED MATERIALS ROYALTIES AND PATENTS

▪ If the Contractor discovers any defect in material ▪ The Contractor shall pay all royalties and license
furnished by the Owner, he shall notify the fees on all patented materials and processes
Architect. The Contractor shall be responsible for furnished by him. He shall defend all suits or
material loss or damage after receipt of any claims corresponding thereto for infringement of
material, equipment, fixture, and appliance or any patent rights and shall save the owner
fitting unless the same has been installed and harmless from loss on account thereof.
accepted for safe keeping by the Owner or his
representative.

55
 28 Mar 2023

MANUFACTURER’S DIRECTIONS
▪ All manufactured articles, materials, equipment,
appliances, fixtures and fittings shall be applied,
SECTION IV
installed, connected, erected, used, cleaned, and Premises and Temporary Structures
conditioned. In accordance with manufacturer’s
printed directions, unless herein specified to the
contrary, where reference is made to
manufacturer’s directions. The Contractor shall
submit specified number of copies of such
directions to the Architect

56
 28 Mar 2023

USE OF PREMISES USE OF PREMISES

▪ The Contractor shall confine his apparatus, the ▪ The Contractor shall not load or permit any part of
storage of materials, and the operations of his the structure to be loaded with a weight that will
workmen to limits indicated by the law, endanger its safety. The Contractor shall enforce
ordinances, permits, or directions of the Architect the Architect’s Instructions regarding signs,
and shall not unreasonably encumber the advertisements, fires and smoking.
premises with his materials.

57
 28 Mar 2023

TEMPORARY OFFICE AND

CONTRACTOR’S BUILDING
▪ The Contractor shall at all times provide and
Temporary maintain adequate weather tight temporary office
with water, light, telephone, and toilet facilities for
structures and the use of the Architect, resident engineers,
facilities Inspectors, contractor, and sub-contractors.

58
 28 Mar 2023

TEMPORARY OFFICE AND TEMPORARY HOUSING

CONTRACTOR’S BUILDING FOR WORKERS
▪ This office shall be provided with wooden floor ▪ The temporary buildings for housing men, or the
raised above the ground, windows, doors and erection of tents or other forms of protection will
locks, tables, closet, blackboard, tack board, be permitted only at such places as the owner or
benches and racks for drawings. One room of Architect shall designate: and the sanitary
condition of the grounds I or about such
approximately 12 square meters shall be provided structures shall at all times be maintained in a
for the Architect’s use. manner satisfactory to the owner and the
Architect. Nobody shall be allowed to sleep or
cook within the building line of the project under
construction.

59
 28 Mar 2023

TEMPORARY SANITARY TEMPORARY BARRICAES

FACILITIES / FIRST AID STATION AND GUARD LIGHTS
▪ The Contractor shall provide construct and maintain ▪ The Contractor shall furnish and put up all
for the duration of the contract, ample sanitary toilet
accommodation and other necessary conveniences temporary barricades and guard light necessary
including water connections for the use of personnel for the, proper prosecution and completion of
and laborers on the work, properly secluded from work. The guard lights at the top to the false work
public observation. In such manner and at such
points as shall be approved by the Architect, and their tower, barricades, railing, ET, shall be provided and
use shall be strictly enforced. He shall keep such maintained by the Contractor throughout the
places clean and free from flies: remove all prosecution of the project.
connections and appliances connected therewith
prior to the completion of the contract and leave the
premises perfectly clean.

60
 28 Mar 2023

TEMPORARY WATER, POWER AND

TELEPHONE FACILITIES TEMPORARY SIGNS
▪ The Contractor shall make all necessary ▪ No signs advertisements will allowed to be
arrangements with the local utility companies in displayed without the Architect’s approval. The
order that temporary facilities for water, power, Contractor may erect one painted sign as
and telephone are sufficiently provided till the approved by the Architect, giving names and
completion of the work. All expenses incurred in addresses of the Architect. Contractor and
connections therewith shall be paid by the various sub-contractors. The Architect shall
Contractor approve size, colour, lettering, and sign locations.

61
 28 Mar 2023

TEMPORARY STAIRS,
LADDERS, RAMPS, AND
TEMPORARY ROADWAYS
RUNWAYS
▪ The Contractor shall construct and properly ▪ The Contractor shall furnish and maintain all
maintain temporary roadways within and adjacent equipment such as temporary stairs, ladders,
to site in order to provide proper access to the ramps, scaffolds, runways, derricks, chutes, and
building. Temporary roadways shall adequately the like as required for proper execution of work
sustain loads to be carried on them and be so by all trades. All such apparatus, equipment, and
constructed as not to endanger existing or newly construction shall meet all requirements of Labor
installed underground structures. Law and other laws applicable thereto.

62
 28 Mar 2023

TEMPORARY ELEVATORS /
HOISTS TEMPORARY ENCLOSURES
▪ The Contractor shall install and operate an adequate ▪ The Contractor shall provide temporary weather
number of hoists and elevators. No hoists shall be tight enclosure for all exterior openings as son as
constructed at such locations as will interfere with or
affect construction of floor arches (or work of other
walls and roof are built so as to protect all work
Contractors). They may be located at exterior sides of from. All exterior doors shall be equipped with
structure and extend upward adjacent to line of self-closing hardware and padlocks. All exterior
window openings. They shall be located at a windows shall be provided with temporary sash
sufficient distance from exterior walls and be so frames securely fastened in place buy removable
protected as to prevent damage, staining or marring when required. Such sash frames shall be covered
the permanent work.
in approved manner.

63
 28 Mar 2023

TEMPORARY / TRIAL USAGE TEMPORARY / TRIAL USAGE

▪ Temporary or trial usage by the Owner of any ▪ The Owner shall have privilege of such temporary or
mechanical device, machinery, apparatus, trial usage, for such reasonable length of time as the
Architect shall deem to e proper. No claim for
equipment, or any work or materials supplied damage shall be made by the Contractor for injury to
under Contract before final completion and or breaking of any parts of such work which may be
written acceptance y the Architect shall not be caused by weakness or inaccuracy of structural parts
construed as evidence of the Architect’s or by defective material or workmanship.
acceptance of same. ▪ If the Contractor so elects, he may, at his on expense,
place persons satisfactory to the Architect to make
such trial usage.

64
 28 Mar 2023

REMOVAL OF TEMPORARY
STRUCTURES
▪ The contractor shall remove all temporary work
from premises, erected by him and shall clean the
SECTION V
premises as a condition for completing the work Protection of Work and Property
and before acceptance of the work by the Owner.

65
 28 Mar 2023

SAFEGUARD MEASURES
▪ The Contractor shall put up ad continuously
maintain adequate protection of all his work from
Protection of work and damage and shall protect the Owner’s property, as
owner’s property well as all materials furnished and delivered to
him by the Owner. He shall make good any such
damage, injury or loss, except such as may
caused by agents or employees of the Owner, or
due to causes considered as Act of God.

66
 28 Mar 2023

SAFEGUARD MEASURES SAFEGUARD MEASURES

▪ The Contractor shall provide reliable and ▪ Smoking on premises shall be prohibited except in
competent watchmen to guard the site and designated places and signs to this effect shall be
premises, from commencement of operation until posted conspicuously. Fires shall not be built on
building is fully completed. Provide all doorways premises except by express consent of the
with locks under control of the Contractor, who
shall lock doors at the close of each day’s work. In Architect.
the event that the Architect at any time deems
watchmen service inadequate or incompetent, the
contractor shall increase or change the watchmen
personnel to the Architect’s satisfaction.

67
 28 Mar 2023

SAFEGUARD MEASURES OLD MATERIALS

▪ The Contractor shall provide and maintain barrels ▪ All old materials of value found the Contractor
of water and fire buckets on premises for fire upon the work, shall be carefully piled where
protection. Such equipment shall not be used for designated by Owner or the Architect and the
other purpose. Contractor shall be responsible for the same until
final acceptance of the work.
▪ The Contractor shall provide and maintain in good
working order and adequate number of fire
extinguishers.

68
 28 Mar 2023

TREES AND OTHER PLANTS TREES AND OTHER PLANTS

▪ Existing trees, plants, shrub, etc., which are to ▪ all trees and other plants that need to be
remain shall be boxed and otherwise protected transplanted elsewhere within fifty(50) meters
from damage. No trees within site or located from the building lines shall be done by the
outside building lines shall be cut or removed contractor at his own expense in accordance with
without specific approval from the Owner and the instructions from the Architect or from the
Architect. authorities concerned.

69
 28 Mar 2023

TREES AND OTHER PLANTS DRAINAGE

▪ undue damage to trees, plants, shrub, streets, ▪ If it is necessary in the prosecution of the work to
sidewalks, etc., resulting from and in connection interrupt or obstruct the natural flow of rivers or
streams, the drainage of the surface, or flow of
with construction work shall be made good and artificial drains, the Contractor shall provide for the
/or replaced b the Contractor his own expense to same during the progress of the work in such a way
the satisfaction of the Owner and the architect. that no damage shall result to either public or private
interest. For any neglect to provide for other natural
or artificial drainage which he may have interrupted,
he shall solely be held liable for all damages which
may result there from during the progress of work.

70
 28 Mar 2023

CONTRACTOR’S SOLE
RESPONSIBILITY
▪ The contractor shall adequately protect adjacent
properly as provided by law and the contract
Protection of Documents. The construction building or work, In
addition to any neighboring properly or building which
adjacent property and may be manner, must be thoroughly and
existing utilities substantially braced against winds, floods, settling,
falling, or like similar occurrences, and when
necessary, covered and protected from sun and rain
at the Contractor’s expense. The Contractor shall
solely be liable and pay for all damages occasioned in
any manner by his acts or neglect, or of his agents,
employees, or workmen.

71
 28 Mar 2023

EXISTING UTILITIES
▪ Existing utilities, if damaged due to negligence or
fault of the Contractor, shall be repaired by the Protection of life, work and
Contractor at his expense.
property during an
emergency

72
 28 Mar 2023

AUTHORIZATION OF CONTRACTOR
▪ In an emergency affecting safety of life or of the work SECTION VI
or of adjoining properly, the Contractor, without
special instruction or authorization from the Architect Labor, Work, and
or Owner, Is hereby permitted to act, at his discretion, Payments
to prevent such threatened loss or injury and he shall
so act, at his discretion, to prevent such threatened
loss or injury and he shall so act, without appeal, If so
instructed or authorized. Any compensation claimed
by the Contractor on account of emergency work,
shall be determined by agreement of arbitration.

73
 28 Mar 2023

CHARACTER OF WORKMEN
▪ The Contractor shall employ only competent and
efficient engineers, superintendents, foremen,
mechanics, laborers, or artisans. Whenever, in the
Labor opinion of the Architect, any employee is careless
or incompetent or obstructs the progress of the
work or acts contrary to instructions or conducts
himself improperly, the Contractor shall, upon
written request of the Architect, discharge or
otherwise remove him from work and not employ
him again upon it.

74
 28 Mar 2023

SUPERINTENDENCE AND
CHARACTER OF WORKMEN SUPERVISION
▪ Should the Contractor fail to remove ▪ The Contractor, if supervises the work personally,
unsatisfactory workmen or fail to furnish suitable must be a licensed engineer or architect
and sufficient equipment or personnel for the acceptable to the Architect who will supervise the
proper prosecution of the work, the Architect may work personally and inspect at least once a week.
withhold payment which are or may become due,
▪ The Contractor shall keep in his project site,
or may suspend the work until such orders are
during the work’s progress, a competent engineer
complied with.
or Superintendent and any necessary assistants,
all satisfactory to the Architect.

75
 28 Mar 2023

SUPERINTENDENCE AND
SUPERVISION
▪ The Project engineer or Superintendent shall
represent the Contractor in his absence and all
directions given to him shall be as binding as if Work
given to the Contractor. He shall have full
authority to execute the orders or directions of the
Architect without delay and to prompt supply such
materials, tools, paints, equipment, and labor as
may be required.

76
 28 Mar 2023

METHODS AND APPLIANCES METHODS AND APPLIANCES

▪ The Contractor shall use such methods and ▪ If, at any time before the commencement or
appliances for the performance of all the during the progress of the work, such methods or
operations connected with the work embraced appliances appear to the Architect to be inefficient
under this Contract as will produce a satisfactory or inappropriate for producing the quality of the
quality of work and rate of progress which, in the work required, or insuring the required rate of
opinion of the Architect, will ensure the progress, the Architect may order the Contractor
completion of the work within the contract time. to increase the rate of their efficiency or to
improve their system of operation.

77
 28 Mar 2023

METHODS AND APPLIANCES METHODS AND APPLIANCES

▪ The Contractor must comply with such order. ▪ The Contractor shall, if required, furnish to the
Failure, however, of the Architect to demand such Architect for approval full information and
increase of efficiency or improvement of satisfactory evidence as to the name of the
character of methods and appliances shall not manufacturer of machinery, or mechanical or
relieve the Contractor from his obligation to turn other equipment which he contemplates using
out such quality of work and rate of progress as together with the performance capacities and
are called for in t his contract. other pertinent information.

78
 28 Mar 2023

LAYING OUT THE WORK LAYING OUT THE WORK

▪ The Contractor shall lay out the lines and grades ▪ All stakes benchmarks, etc., placed by the
of the work as per conditions set forth under Contractor in laying out the work, approve by the
Article 7.03 (Construction Stakes and Reference Architect, shall be carefully guarded and
Mark) of the General Conditions. preserved by the Contractor. In case such stakes
or marks are displaced or rendered useless
through the carelessness or neglect of the
Contractor or of his agents, employees, or
workmen, they should be replaced by the
Contractor at his own expense.

79
 28 Mar 2023

INSPECTION OF WORK INSPECTION OF WORK

▪ The Owner, Architect and their representatives ▪ a. If the specifications, the Architect’s
shall at all times have access to the work Instructions, laws, ordinances or any public
wherever it is in preparation or progress and the authority require any work to be specifically tested
Contractor shall provide proper facilities for such or approved, the Contractor shall give the
access and for inspection. Architect and other parties required to make the
inspection, timely notice of its readiness for
inspection, and the date fixed for such inspection

80
 28 Mar 2023

INSPECTION OF WORK INSPECTION OF WORK

▪ Inspections by the Architect shall be promptly ▪ b. Re-examination of questioned work may be
made and were practicable, at the source of ordered by the Architect and is so ordered; the
supply. If any work should be covered up without work must be uncovered by the Contractor. If
approval or consent of the Architect, it must, if such work be found not in accordance with the
required by the Architect, be uncovered for Contract Documents, the Contractor shall pay the
examination at the Contractor’s expense. cost.

81
 28 Mar 2023

INSPECTION OF WORK INSPECTION OF WORK

▪ c. The Contractor shall furnish promptly without ▪ d. If there are indications that the work done are
additional charge all reasonable facilities, labor, not in accordance with plans and specification,
and materials necessary for the safe and the Architect may at any time before final
convenient inspection and tests that may be acceptance of the entire work make an
required by the inspectors. All inspection and tests examination of the work already completed. By
shall be performed in such manner as not to removing or tearing out same, the Contractor
unnecessarily delay the work. shall, on request, promptly furnish all necessary
facilities, labor, and materials.

82
 28 Mar 2023

INSPECTION OF WORK DEFECTIVE WORK

▪ If such work is found to be defective in any material ▪ Defective work may be condemned by the
respect due to fault of the Contractor, or his
subcontractors, he shall defray all the expenses of Architect at any time before the final acceptance
such examination and of satisfactory of the work, and when such work has been
reconstructions. If, however, such work is found to condemned it shall be taken out immediately by
meet the requirements of the Contract, the actual
cost of labor and materials necessary involved in the the Contractor and rebuilt in accordance with the
examination and replacement plus 15 percent, shall Drawings and Specifications.
be allowed the Contractor and shall in addition, if
completion o the work has been delayed hereby, be
granted a suitable extension of time on account of
the additional work involved.

83
 28 Mar 2023

DEFECTIVE WORK WORK DURING EMERGENCY

▪ Failure or neglect on the part of the Architect or ▪ The Contractor shall perform any work and shall
any of his agents to condemn or reject bad or furnish and install all materials and equipment
inferior work, shall not be construed to imply an necessary during an emergency endangering life
acceptance of the work of the same if such bad or or property. In all cases he shall notify the
inferior work is discovered at any time prior to the Architect and the Engineer of the emergency as
final acceptance of the work by the Owner and the soon as practicable, but he shall not wait for
release of the Contractor. instructions before proceeding to properly protect
both life and property.

84
 28 Mar 2023

INCREASED OR DECREASED
QUANTITIES OF WORK
▪ Adjustments of Drawings to suit field conditions which
cannot be foreseen at the time of calling for bids may be
necessary during construction. It is the essence of the
Contract to recognize such changes in Drawings as
constituting a normal and expected margin of adjustment, Changes in the work
and not involving nor permitting change or modification of
Contract Prices, provided only, that resulting overruns or
under runs from the quantities in the Proposal do not
exceed five percent. In case of discrepancy, the matter
shall be submitted immediately to the Architect, before any
adjustment shall be made by the Contractor, otherwise it
shall be at his own risk and expense.

85
 28 Mar 2023

CHANGES ORDERED BY THE CHANGE OF SUB-

OWNER SURFACE CONDITIONS
▪ The Owner may at any time, without invalidating the ▪ If, during the progress of the work, sub-surface
Contract and without notice to the sureties, order conditions at the site materially different from those
extra work or make changes by altering, adding to or shown on the Drawings or indicated in the
deducing from the work, as covered by the Drawings Specifications are discovered or encountered, the
attention of the Architect shall be called immediately
and Specifications of this Contract and within the to such conditions before they are disturbed. The
general scope thereof. Such changes shall be ordered Architect shall thereupon promptly investigate the
by the Owner in writing, and no change or omission conditions, and if he finds that they materially differ
from the Drawings and Specifications shall be from those shown on the Drawings or indicated in the
considered to have been authorized without written Specifications, he shall at once, with the approval of
instructions signed by the Owner. the Owner, make such changes I the Drawings and
Specifications as he may find necessary.

86
 28 Mar 2023

ADJUSTMENTS OF CONTRACT VALUE OF EXTRA WORK

▪ All such work shall be executed under the conditions ▪ The value of extra work or change shall be
of the original contract. If such changes cause an determined in any one or more of the following ways:
increase or decrease in the amount due under this
1. By estimate and acceptance in a lump sum
Contract, or in the time required for its performance,
an equitable adjustment shall be made and the 2. By unit price stipulated I the Contract or subsequently
contract shall be modified I writing accordingly. The agreed upon, provided the extra or credit does not exceed
express consent of the sureties shall be obtained in 25% of original contract of the particular work involved.
writing. In the event that the work involved is 3. By actual direct cost plus Fifteen Percent for contractor’s
increased y such changes, the Contractor shall profit, overhead and contractor’s tax.
furnish proportionate additional performance bond.

87
 28 Mar 2023

PERIOD OF WHICH CLAIM FOR

VALUE OF EXTRA WORK ADJUSTMENT HAS TO BE ASSERTED
▪ Under case (3), he shall keep and present such ▪ Any claim for adjustment involving questions of fact
must be asserted fifteen days from the date of
formats the Architect may direct, a correct charge is ordered unless the Architect shall for proper
account of the cost, together with vouchers. In cause extend such time. Except as otherwise
any case, the Architect shall certify to the amount specifically provided in this Contract, all disputes
concerning questions of act arising under this
including the Fifteen Percent allowance for Contract shall be decided by the Architect or his duly
overhead and profit due the Contractor. authorized representative. Nothing, however, as
provided for in Article 20.07 shall excuse the
Contractor for proceeding with the prosecution of the
work so changed.

88
 28 Mar 2023

CHANGES ORDERED BY THE AWARD OF EXTRA WORK TO

ARCHITECT OTHER CONTRACTORS
▪ In giving instructions, the Architect shall have the ▪ Incase any extra work shall be required in the
authority to make minor changes in the work, not proper performance of the work contemplated
involving extra cost, and not inconsistent with the under this Contract, it is understood that if the
design concept of the building. Contractor and the Owner fail to arrive at any
agreement as to the price of such extra work, the
Owner reserves the right to have such extra work
done by any other person, firm, or corporation that
said Contractor.

89
 28 Mar 2023

CLAIMS FOR EXTRA COST CLAIMS FOR EXTRA COST

▪ If the Contractor claims that any Instructions by ▪ In like manner, if the Contractor incurs a delay in the
drawing or otherwise involve extra cost under this mobilization and/or in the progress of his work for
Contract, he shall give the Architect written notice reasons attributable to the Owner, e.g., Owner-
thereof within fifteen days after the receipt of such supplied materials not arriving on time, movements
or work executed by the Owner which interfere with
instruction, and, in any event, before proceeding to the progress of the Contractor’s work, delay
execute the work, except I emergency endangering decisions and other matters related thereto, he shall
life or property, and the procedure shall be as give the Architect written notice thereof within fifteen
provided for in Article 20.05 (Work During an days after recognition of such delays. No such claim
Emergency) of the General Conditions. No such claim shall be valid unless such written notice has been
shall b e valid unless so made. executed.

90
 28 Mar 2023

CLEANUP AT COMPLETION OF CLEANUP AT COMPLETION OF

WORK WORK
▪ The Contractor shall at all times keep the ▪ All dirt, stains and the like on all finishing of floors,
premises free from accumulations of waste walls and ceiling, decorative work, finishing hardware
materials or rubbish caused by his employees or and fixtures, removed;
work. At the completion of the work, he shall ▪ All woodwork, finishing hardware and all metal works,
remove all his rubbish from and about the building cleaned and polished.
and all his tools, scaffolding and surplus materials
and turn over the work for occupancy with:

91
 28 Mar 2023

CLEANUP AT COMPLETION OF USE OF COMPLETED PORTIONS OF

WORK WORK
▪ All glazing marble and tile work washed and polished. ▪ The Owner shall have the right to take possession
The Contractor shall so clean the building site as of and use any completed or partially completed
shown in the Drawings and all areas which the portions of the work, notwithstanding that the
Contractor used in the operation of the project.
time for completing the entire work or such
▪ At no time shall any rubbish be thrown from windows portions may not have expired; but such taking
or other parts of the building without the use of
possessions and use shall not be deemed an
rubbish chutes.
acceptance of any work not completed in
accordance with the Contract Documents.

92
 28 Mar 2023

USE OF COMPLETED PORTIONS OF CERTIFICATION OF COMPLETION

WORK OF WORK
▪ Neither shall it be deemed a waiver by the Owner ▪ Upon due notice from the Contractor that he has
of the rights to claim for damages due to delays in substantially completed the work; the Architect
the completion of the work. If such prior use shall make an inspection of the project.
increase the cost of or delays the completion of Substantial completion shall mean that the value
uncompleted work, the Contractor shall be entitled of the work completed shall not be less than 98%
to such extra compensation, or extension of time of the contract amount and that the remaining
or both, as agreed upon prior to the occupancy. unfinished work shall be of a minor nature only.

93
 28 Mar 2023

CERTIFICATION OF COMPLETION CERTIFICATION OF COMPLETION

OF WORK OF WORK
▪ If the contract covers the furnishing and/or ▪ However, should the Contractor, through no fault
installation of equipment, fixtures and utilities, of his be unable to test run the equipment at the
said equipment, fixtures and utilities, shall be fully time of substantial completion, he shall be given
tested and test- run in order that the work can be the necessary time extension for that portion of
the work. As soon as, in the opinion of the
considered as substantially complete. However, Architect, the work shall have been substantial
should the Contractor, through no fault of his, be completed and shall have satisfactorily passed
unable to test run in order that the work can be any final test of materials that may be prescribed
considered as substantially completed. by the Contract, the Architect shall issue a
Certificate of Completion in respect to the work.

94
 28 Mar 2023

CERTIFICATION OF COMPLETION CERTIFICATION OF COMPLETION

OF WORK OF WORK
▪ Even before the completion other whole work, ▪ In all cases, prior to the issue of sold Certificate of
upon written application of the Contractor, the Completion, the Contractor shall execute a written
Architect may likewise issue such a Certificate of undertaking to finish any outstanding work during
Completion with respect to any substantial part of the Period off making Good of Known Defects or
the work which has been completed to the Faults as defined in Article 20.12 hereof.
satisfaction of the Architect and occupied or used
by the Owner.

95
 28 Mar 2023

PERIOD OF MAKING GOOD OF MAKING GOOD OF KNOWN

KNOWN DEFECTS OR FAULTS DEFECTS OR FAULTS
▪ The expression “Period of Making Good off ▪ The Contractor shall execute at his own expense
Known Defects or Faults” shall mean a period of all work necessary for making good of known
not more than sixty calendar days, unless defect, Imperfections or faults ( fair, wear and tear
otherwise expressly named in the contract, expected) within fifteen days after its expiration as
calculated from the date of issue of the Certificate a result of an inspection made by or on behalf or
of Completion of the whole work or of any part the Architect prior to its expiration.
thereof, in accordance with Article 20.11.

96
 28 Mar 2023

MAKING GOOD OF KNOWN SEARCH FOR CAUSES OF

DEFECTS OR FAULTS DEFECTS OR FAULTS
▪ If, in the opinion of the Architect, the defect or fault is ▪ The Contractor shall, if required by the Architect in
due to the owner or Owner’s representative, the value
of such work shall be ascertained and paid for as it writing, search for the cause of any defect,
were additional work. If the Contractor shall fail to do imperfection or fault under the directions of the
any work as aforesaid, the Owner shall upon written Architect. Unless such defect, imperfection or
notice to the contractor be entitled o carry out such
work u his own workmen or but other contractors, fault shall be one for which the Contractor is not
and if such work which the contractor should have liable under the Contract, the cost of the work is
carried out is at the Contractor’s cost, the Owner shall carried out by the Contractor in searching for said
be entitled to recover from the Contractor the cost
thereof, or may deduct the same from any monies defect shall be borne by the Owner.
due or may become due to the Contractor.

97
 28 Mar 2023

SEARCH FOR CAUSES OF

DEFECTS OR FAULTS
▪ But if such defect, imperfection, or fault shall be
one for which the Contractor is liable, the costs of
the work carried out in searching said defects
Time of completion
shall be borne by the contractor and he shall in of work
such case, repair, rectify and make good such
defect, imperfection or fault at his own expense, in
accordance with the provisions of Article 20.13
hereof.

98
 28 Mar 2023

NOTICE TO PROCEED NOTICE TO PROCEED

▪ Following the execution of the Contract ▪ If the Contractor undertakes actual construction
Agreement but the Owner, written Notice to on the proposed work including the delivery of
Proceed with the work shall be given to the equipment or materials (In the case for furnishing
contractor. The Contractor shall begin and shall materials) or the performance of any other kind of
prosecute the work regularly and uninterruptedly, work whatsoever, before he receives a copy of the
thereafter (unless otherwise directed in writing by duly executed Contract or Notice to Proceed, he
the owner) with such force as to secure the does so in his own risk,
completion of the work within the time stated in
the contract.

99
 28 Mar 2023

NOTICE TO PROCEED SCHEDULE OF COMPLETION

▪ The Contractor shall complete, in an acceptable ▪ The Contractor shall submit, for approval, the
manner, all of the work contracted for in the time Schedule of Construction Work in Critical Path
stated in the Contract. Computation of Contract Method form or any other form acceptable to the
Time shall commence on the seventh (7th) day Architect indicating the approximate date each
from receipt of Notice to proceed, unless item will be started and completed, the equipment
otherwise stipulated in the contract, and every to be used and number of men to be employed to
calendar following, shall be counted as a working complete it, in accordance with his schedule.
day

100
 28 Mar 2023

SCHEDULE OF COMPLETION EXTENSION OF TIME

▪ The progress of the work shall be at a rate ▪ The Contractor will be allowed an extension of time
based on the following conditions:
sufficient to complete the Contract in an
▪ Should the Contractor be obstructed or delayed in the
acceptable manner within the period of time prosecution or completion of the work by the act, neglect,
specified. If it appears that the rate of progress is delay, or default the owner or any contractor employed by
the Owner on the work; by strikes or lockouts, by and Act of
such that the Contract will not be completed God or Force Majeure as defined in Article 1.26; by delay
within the time limit, the Architect may order the authorized by the Architect pending arbitration; then the
Contractor shall within fifteen (15) days from the
Contractor to take such steps as he considers occurrence of such delay file the necessary request for
necessary to complete the Contract within the extension. The Architect may grant the request for
extension for such period of time as he considers
period provided. reasonable.

101
 28 Mar 2023

EXTENSION OF TIME EXTENSION OF TIME

▪ However, no such extension of time shall be granted ▪ The WRITTEN CONSENT OF THE BONDSMEN must
for any alleged failure of the Owner to furnish materials be attached to any request of the Contractor for an
or information unless they be required in the proper extension of time and submitted to the Owner for
prosecution of the work in the order prescribed by the consideration.
Architect and unless the Contractor shall have made ▪ If the satisfactory fulfillment of the Contract shall
written request for them at ten (10) days before they require the performance of work in greater quantities
are actually needed. than those set forth in the Contract, the time allowed
for performance shall be increased in the same ratio
that the total cost of work actually performed shall be
the total cost in Contract.

102
 28 Mar 2023

EXTENSION OF TIME EXTENSION OF TIME

▪ However, if in the opinion of the Architect, the nature of ▪ If the work is interrupted for any reason, it must be
the increased work is such that the new Con tract Time promptly resumed on the removal or cessation of the
as computed approve is unreasonably short, the time cause of delay.
allowance for any extension and increases shall be as ▪ The Contractor shall give written notice to the Architect at
agreed upon writing. least ten (10) days prior to beginning, suspending (Except
in case of accident), or resuming the work to the end that
▪ If no schedule or agreement stating the dates upon the Architect may make the necessary preparations for
which drawing shall be furnished is made, then no inspection without delaying the work. All delays or losses
claim for delay shall be allowed on account of failure resulting from failure of the Contractor to give such notice
will be at the Contractor’s risk; and all extra costs to the
to furnish drawings until two weeks after demand for Owner for such delay (said costs to be determined by the
such drawings and unless such claim be reasonable. Architect) shall be deducted from the Final Payment.

103
 28 Mar 2023

LIQUIDATED DAMAGES
▪ It is understood that time is an essential feature of this
contract and that upon failure to complete the said
contract within the contract time, the Contractor shall be
required to pay the Owner the liquidated damages in the Payments
amount stipulated in the Contract Agreement, the said
payment to be made as liquidated damages, and not by
way of penalty. The Owner may deduct from any sum due
or to become due the Contractor any sums accruing for
liquidated damages as herein stated. For purposes of
calculating, the actual completion date shall be the date
certified by the Architect under Article 20.11 hereof.

104
 28 Mar 2023

DETAILED BREAKDOWN OF
CONTRACT AMOUNT REQUESTS FOR PAYMENT
▪ Except in cases where unit prices from the basis for ▪ The Contractor may submit periodically but not more than
payment under the Contract the Contractor shall, once each month a Request of Payment for work done. The
Contractor shall furnish the Architect all reasonable
within fifteen (15) days from the receipt of Notice to facilities required for obtaining the necessary information
Proceed, submit a complete Breakdown of Work and relative to the progress and execution of the work. Each
Corresponding value of the Contract Amount Request for Payment shall be computed from the work
showing the value assigned to each part of work, completed on all items listed in the Breakdown of Work and
including the allowance for profit and overhead. Upon Corresponding Value, less the 10% retention unless
approval of the Breakdown of Work and otherwise agreed upon and less previous payments. When
Corresponding Value by the Architect, it shall be used 50% of the Contract has been accomplished, no further
as the bass for all Requests for Payment. retention shall be made on the balance of the Contract.

105
 28 Mar 2023

REQUESTS FOR PAYMENT PROGRESS PHOTOS

▪ In general, no payment shall be made for materials or ▪ The Contractor at his own expense shall furnish
items not incorporated in the work. However,
exception to this condition may be made in the case the Architect progress photographs which shall be
of materials or items which may require immediate taken monthly, starting when the work begins and
acquisition and compensation du to shortages or continuing so long as the work is in progress in
import or transportation difficulties. In the event of
such exceptions, payment shall be conditioned upon the outside of the building, from station points
the submission by the Contractor of bills of sale or designated by the Architect.
such other procedures as will establish the Owner’s
title to such material or item or otherwise adequately
protect the Owner’s Interest.

106
 28 Mar 2023

ARCHITECT’S ACTION ON A
PROGRESS PHOTOS REQUEST FOR PAYMENT
▪ The photographs shall be 6”x8”. At each period ▪ Within fifteen days after receipt of any Request for
four exposures shall be taken, one on each side of Payment by the Contractor, the Architect shall either
the building. Eight (8) prints dull finish, (2 copies issue a Certificate of Payment or withhold the
Request of Payment. When the Architect decides to
for each exposure) shall be delivered to the
withhold the Request for Payment, he shall inform the
Architect and all negatives shall bear the date of contractor in writing the reasons for withholding it. If
exposure and name of the work. the Contractor and Architect cannot agree on a
▪ No partial payment shall be considered for revised amount, the Architect will issue a certificate
approval without the above mentioned prints of payment for the amount for which he is able to
accompanying the Request for Payment. make representations to the owner.

107
 28 Mar 2023

ARCHITECT’S ACTION ON A
REQUEST FOR PAYMENT APPROVAL WITHHELD
▪ The Certificate of Payment shall include the value ▪ The Architect may recommend withholding of payment in
whole or in part on any approved Request for Payment on
of work accomplished by the Contractor during account of any of the following reasons:
the period covered buy the certificate and ▪ Defective work not remedied
recommendation to the Owner for payment in an ▪ Claims filed or reasonable evidence indicating probable filing of
claims
amount the Architect decides to be properly due. ▪ Failure of the Contractor to make payments properly sub-
contractors or for material or labor.
▪ A reasonable doubt that the Contract can be completed for the
balance then unpaid.
▪ Damage to another contractor,

108
 28 Mar 2023

CONDITIONS RELATIVE TO
APPROVAL WITHHELD CERTIFICATES OF PAYMENTS
▪ When the above grounds are removed, payment ▪ The Architect shall estimate the value of work
shall be made for amounts withheld. accomplished by the Contractor using as a basis
the schedule stipulated in the breakdown of work
and corresponding value. Such estimates of the
Architect shall be final and conclusive 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.

109
 28 Mar 2023

CONDITIONS RELATIVE TO OWNER’S ACTION ON AN APPROVED

CERTIFICATES OF PAYMENTS REQUEST FOR PAYMENT
▪ Such Preliminary estimates of amount and ▪ Within fifteen days from the date of approval of a
quantity shall not be required to be made by strict Request for Payment or of issuance of a
measurement or with exactness, but they may, at Certificate if Payment by the Architect, the Owner
the option of the Architect, be approximate only. shall pay the amount as certified by the Architect
or pay such other amount as he shall decide is
due the Contractor, informing the Contractor and
the Architect in writing of his reasons for paying
the amended amount.

110
 28 Mar 2023

OWNER’S ACTION ON AN APPROVED PAYMENT OF CONTRACTOR’S

REQUEST FOR PAYMENT OBLIGATIONS
▪ Owner’s failure to pay the amount involved would ▪ The Contractor shall pay workmen employed by
be subject to payment based on banking loan him on his project such rates as are provided by
rates prevailing at the time of the signing of the existing laws. He shall also pay promptly all
contracts materials and equipment used by him on his
project, and all taxes due from him. He shall remit
as required by law all amount withheld from the
salaries or wages of his employees or workmen.

111
 28 Mar 2023

PAYMENT OF CONTRACTOR’S
OBLIGATIONS PAYMENTS OVER 65 PERCENT
▪ If required he shall furnish the Owner with a statement ▪ No payment shall be made on contracts in excess
sworn to before an officer duly authorized to administer
oath that all persons who have done work or furnished sixty five percent (65%) of the Contract Price,
materials under this Contract have been duly paid. If such unless a statement sworn before an officer duly
written evidence is not furnished before the final payment authorized to administer oath is submitted by the
in under the Contract falls due, said Owner may after due Contractor to the effect that the bills for labor
notice to and clearance by the Contractor pay such lawful other than current wages, and all bills for
claims in whole or in part to any person, firm, or corporation
claiming the same, and charge the amount thus paid to
materials have been duly paid by the Contractor
said Contractor, who will accept the same as payment from and his Sub-contractor, if any, excepting only such
the amount due on the Contract. bills as may be enumerated in such sworn
statement.

112
 28 Mar 2023

CORRECTION OF WORK
PAYMENTS OVER 65 PERCENT BEFORE FINAL PAYMENT
▪ Provided however, that should such sworn ▪ The Contractor shall promptly remove the
statement turn out false, the Owner and the work premises all work condemned by the Architect as
cover whereby shall not be liable for any claim or failing to conform to the Contract, whether
lien arising from the failure to pay and other incorporated or not, and the Contractor shall
promptly replace and re-execute his own work in
causes, provided for in this clause the Contractor accordance with the Contract and without
does hereby bind itself society answerable for any expense to the owner and shall bear the expenses
such lien should the same arise. of making good all work of other contractors
destroyed or damaged by such removal or
replacement.

113
 28 Mar 2023

CORRECTION OF WORK OTHER REQUIREMENTS

BEFORE FINAL PAYMENT BEFORE FINAL PAYMENT
▪ If the Contractor does not remove such condemned ▪ Certificate of Final Building Occupancy unless
work within a reasonable time, fixed by written notice,
the Owner may remove them and may store the such certificate cannot be obtained through no
material at the expense of the Contractor. If the fault of the Contractor
Contractor does not ay the expenses of such removal
within ten days time thereafter, the Owner may, upon ▪ Certificate of Final Inspection of electrical,
ten days written notice, soil such materials at auction telephone, sanitary, mechanical, gas, safety and
or at private sale and shall account for the net
proceeds thereof, after deducting all the costs and other utilities unless such certificate cannot be
expenses that should have been borne by the obtained through fault no Contractor.
Contractor.

114
 28 Mar 2023

OTHER REQUIREMENTS OTHER REQUIREMENTS

BEFORE FINAL PAYMENT BEFORE FINAL PAYMENT
▪ Original and three (3) sets of prints of “As-Built ▪ Three (3) copies of Directory of Panel Boards and
Drawings” if electrical, sanitary, gas, telephone list of circuits
and mechanical works, if such works are within
▪ Three (3) copies of instructions and manual for
the scope of the contract “As-Built Drawings” are
operating and maintaining of fixtures and
the working drawings showing the system and
equipment.
actual locations of outlets, fixtures, services, and
equipment that were installed. ▪ Three (3) copies of keying Schedule

115
 28 Mar 2023

OTHER REQUIREMENTS ACCEPTANCE AND FINAL

BEFORE FINAL PAYMENT PAYMENT
▪ Guarantee bond equivalent to 30% of the Contract ▪ Whenever this Contract, in the opinion of the
Price covering a period of one year after the final Architect, shall be completely performed on the
acceptance of the work which guarantees the part of the Contractor, the Architect shall proceed
quality if the contract works and materials to verify the work, shall make the final estimates,
installed. The Guaranteed bond shall be in the
form of securities as approved by the Owner, The shall certify as to the completion of the work, and
Guarantee Bond will be required only if the Owner, accept the same.
upon acceptance of the building, releases to the
Contractor the Performance Bond and Payment
Bond.

116
 28 Mar 2023

ACCEPTANCE AND FINAL ACCEPTANCE AND FINAL

PAYMENT PAYMENT
▪ a. The Owner shall then, excepting for causes herein specified, pay to
the Contractor promptly, after the execution of said certificate, the ▪ The making and acceptance of the final payment
remainder which shall be bound due, excepting there from such sum or shall constitute a waiver of all claims by the
sums as may be lawfully retained under any of the provision of this
Contract PROVIDED THAT FINAL PAYMENT ON THE CONTRACT SHALL
NOT BE MADE UNTIL THE CONTRACTOR HAS SUBMITTED A
Contractor
STATEMENT SWORN TO BEFORE AN OFFICER DULY AUTHORIZED TO
ADMINISTER OATH, SHOWING THAT ALL TAZES DUE FROM HIM, AND
ALL OBLIGATIONS FOR MATERIALS USED AND LABOR EMPLOYED IN
CONNECTION WITH THIS CONTRACT HAVE BEEN DULY PAID; AND
PROVIDED, FURTHER that nothing here in contained shall be construes
to waive the right of the Architect hereby reserved to reject the whole or
any portion of the aforesaid work, should the same be found to have
been constructed in violation of the drawings and specifications or of
any of the conditions or covenants of this Contract within the guarantee
period.

117
 28 Mar 2023

CORRECTION OF WORK CORRECTION OF WORK

AFTER FINAL PAYMENT AFTER FINAL PAYMENT
▪ Neither the final certificate nor payment nor any ▪ Neither the foregoing nor any provision in the
provision in the Contract Documents shall relieve contract documents, nor any special guarantee
the Contractor of responsibility for faulty materials limit, shall be held to limit the Contractor’s liability
or workmanship and, he shall remedy any defects for defects and damages and the right of the
due thereto and pay for any damage to other work Owner under the provisions of the New Civil Code,
resulting there from, which shall appear within a and all laws, regulations and ordinance applicable
period of one year from the date of acceptance of to the plans and construction of the building.
work.

118
 28 Mar 2023

CORRECTION OF WORK
AFTER FINAL PAYMENT RELEASE OF RETENTION
▪ The Owner shall give notice of observed defects ▪ The amount retained by the Owner under the
with reasonable promptness. All questions arising provision of the contract shall be released within
under this article shall be decided by the Architect three months after the date of final payment.
whose decision shall be subject to arbitration.

119
 28 Mar 2023

OWNERS RIGHT TO LET OTHER

CONTRACTS
SECTION VII ▪ The Owner reserves the right to let other contracts
in connection with this work.
Contractor-separate Contractors-
Sub-contractors Relations

120
 28 Mar 2023

STORAGE OF MATERIALS AND

WORK COORDINATION
▪ The Contractor under this Contract shall afford
Contractor-separate other contractors reasonable opportunity for the
introduction and storage of their materials and the
contractors execution of their work, and shall property
relations connect and coordinate his work with theirs so as
to minimize interferences or obstruction in the
progress of the work.

121
 28 Mar 2023

CUTTING, PATCHING AND CUTTING, PATCHING AND

DIGGING DIGGING
▪ The Contractor shall do all cutting, fitting or ▪ Any cost caused by defective or ill-timed work
patching of his work that may be required to make shall be borne by the party responsible therefore.
its several parts come together property and fit it
▪ The Contractor shall not endanger any work by
to receive or be received by work of other
cutting, digging or otherwise and shall not cut or
contractors shown upon, or reasonably implied by,
alter the work of any other contractor save with
the Drawings and Specifications for the
the consent to the Architect.
completed structure, and he shall make good after
them as the Architect may direct.

122
 28 Mar 2023

DEFECTIVE WORK BY SEPARATE DEFECTIVE WORK BY SEPARATE

CONTRACTORS CONTRACTORS
▪ If any part of the Contractor’s work depends for ▪ To insure the proper execution of his subsequent
proper execution or results upon the work of any work the contractor shall verify work already in
other contractor shall inspect and promptly report to
the Architect any defect in such work that renders it
place and shall at once report to the Architect any
unsuitable for such proper execution and result. His discrepancy between the executed work and
failure to inspect and report shall constitute an drawings.
acceptance of the other contractors work as fit and
proper for the reception of his work, except as to
defect which may develop in the other contractor’s
work after the execution of his work.

123
 28 Mar 2023

DAMAGE CAUSED BY CONTRACTOR

TO SEPARATE CONTRACTORS
▪ Should the Contractor cause damage to any
separate contractor on the work, the Contractor
agrees, upon due notice, to settle with such Subcontracts
contractor by agreement or arbitration and to
relieve the Owner of any liability which may arise
there from.

124
 28 Mar 2023

COMPETECY OF SUB-
SUBCONTRACTS CONTRACTOR
▪ It is understood and agreed that the entire work ▪ At least fifteen (15) days prior to the date of
called for by this Contract shall not be sublet or bidding, the Contractor shall seek the Architects
sub-contracted. However, any part thereof or any clarification as to the particular areas or parts of
specialty work therein, may be sublet or sub- the work for which the competence of the sub-
contracted. Subject to the provision of Article contractor shall be subject to evaluation by the
25.02. Nothing contained in the Contract Architect. Immediately thereafter, the Contractor
Documents shall create any contractual relation shall submit to the Architect a list of his
between any sub-contractor and the Owner. prospective sub-contractors for approval.

125
 28 Mar 2023

CONTRACTOR’S RESPONSIBILITY
▪ The Contractor agrees that he is as fully responsible to
the Owner for the acts and omission of his sub-
contractors and the persons either directly or indirectly
Contractor-sub-
employed by them, as he is for the acts and omissions of contractors
persons directly employed by him. relations

126
 28 Mar 2023

CONTRACTOR’S RIGHT TO
SUSPEND WORK/TERMINATE
CONTRACT
SECTION VII ▪ The contractor may suspend work or terminate
contract upon fifteen (15) days’ written notice to the
owner and the Architect for any of the following
Suspension of Work and Termination reasons:
of Contract ▪ If an order of any court or other public authority caused the
work to be stopped or suspended for a period of ninety
(90) days through no act or fault of the contractor or his
employees.
▪ If the Architect should fall to act upon any Request for
payment within (15) days after it is presented in
accordance with the general Conditions of the Contract.

127
 28 Mar 2023

CONTRACTOR’S RIGHT TO CONTRACTOR’S RIGHT TO

SUSPEND WORK/TERMINATE SUSPEND WORK/TERMINATE
CONTRACT CONTRACT
▪ If the owner should fall to act upon any request for ▪ If the Contractor is compelled you suspend work
payment or certificate of payment within (15) days due to hardships or difficulties under b, c, and d
after its certification by the Architect. above, then the contract sum shall be increased
▪ If the Owner should fail to pay the contractor any sum by the amount of the contractor’s reasonable
within (30) days after its award by arbitration. costs of shutdown delay and start up, which shall
be effected by appropriate change order.

128
 28 Mar 2023

OWNER’S RIGHT TO TERMINATE OWNER’S RIGHT TO TERMINATE

CONTRACT CONTRACT
▪ The Owner, upon the certificate of the Architect that ▪ Declare bankruptcy become insolvent or assign his assets
sufficient cause exists to justify his action, may for the benefit of his creditors.
without prejudice to any other right or remedy and ▪ Disregard or violate provisions of the Contract Documents
after giving the Contractor and his surely if any, or Architect’s Instructions, or fail to prosecute the work
fifteen (15) days’ written notice, terminate the according to the agreed schedule of Completion, Including
contract with the Contractor and take possession of extensions thereof.
the premises and of all materials, tools and
appliances thereon and finish work by whatever ▪ Fail to provide a qualified superintendent, competent
method he may, deem expedient. Sufficient cause to workmen or sub-contractors, or proper materials.
justify termination of the contract shall deem to exist ▪ fail to make prompt payment to sub-contractors, workmen
whenever the Contractor does any of the following: or material dealers.

129
 28 Mar 2023

USE OF MATERIALS AND

EQUIPMENT AT SITE
Owner’s right to ▪ The Contractor, upon receiving notice of the
proceed work after termination of contract, shall vacate possession
and deliver the said work, or the parts thereof
takeover from specified in said notice, peaceable to the owner.
All materials, plant, appliances and other essential
contractor equipment as may be needed by the construction
of the project shall, at the option of the Architect,
remain on the work until completed, at such rental
as may be considered reasonable.

130
 28 Mar 2023

USE OF MATERIALS AND

EQUIPMENT AT SITE OWNER TO COMPLETE WORK
▪ In case such materials and/or equipment do not ▪ The Owner shall then take over the work and
belong to the contractor, then the Architect shall proceed to complete the same by administration
have the option to retain them for use in the or otherwise, and use such tools, appliances and
project at the cost of the failing Contractor, or pay materials of every description as may be found
reasonable rent for the use, chargeable against upon the line of said work, or at point where
the Contractor. materials are built or framed for the work and also
procure such other tools and materials for the
completion of the work as may be required.

131
 28 Mar 2023

EVALUATION OF COST OF WORK EVALUATION OF COST OF WORK

▪ It is agreed and understood that, upon such ▪ In the event that the total expenditures of the
termination of this Contract, the Architect will Owner on completion of the work, Including all
ascertain and fix the value of the work completed charges against the project prior to termination of
by the Conductor and not paid for by the owner the contract and compensation for additional
architectural managerial and administrative
and of all usable materials on the line of the work services, are not in excess of the Contract Price,
taken over by the Owner at the time of said then the difference between the said total
termination. expenditures of the Owner and the Contract price
may be applied to settle claims filed, and the
balance, If any, may be paid to the Contractor.

132
 28 Mar 2023

EVALUATION OF COST OF WORK EVALUATION OF COST OF WORK

▪ No amount in excess of the combined value of the ▪ In case of suspension of work, all unpaid work
unpaid completed work, retained percentage and executed including expenses incurred during
usable materials taken over by the Owner at the suspension shall be evaluated by the architect
time of the Termination of the Contract shall be and charged to the owner.
paid, nor shall any claim for prospective profits on
the work done after termination of the Contract be
considered or allowed.

133
 28 Mar 2023

OWNER’S RIGHT TO OWNER’S RIGHT TO

RECOVER LIQUIDATED RECOVER LIQUIDATED
DAMAGES DAMAGES
▪ Neither the taking over by the Owner of the work ▪ In such case, the full extent of the damages for which
the Contractor and/or his sureties shall be liable shall
for completion by administration nor the re-letting be:
of the same to another Contractor shall be ▪ The total daily liquidated damages up to and including the
construed as a waiver of the Owner’s rights to day immediately before the date the Owner effectively
takes over the work.
recover damages against the original Contractor
▪ The excess cost incurred by the Owner in the completion
and/or his sureties for the failure to complete the of the project over the Contract Price. This excess cost
work as stipulated. includes cost of architectural managerial and
administrative services, supervision and inspection from
the time the owner effectively took over the work by
administration or by re-letting same.

134
 28 Mar 2023

SECTION IX Contractor’s
Responsibilities and Liabilities of responsibility for
Contractor and of Owner
accidents and
damage

135
 28 Mar 2023

SAFEGUARDS TO BE UNDERTAKEN SAFEGUARDS TO BE UNDERTAKEN

BY CONTRACTOR BY CONTRACTOR
▪ The Contractor shall take all necessary ▪ The Contractor shall erect and properly maintain
precautions for the safety of employees and at all times, as required by the conditions and
workmen on the work, and the comply with all progress of the work, such barriers, shoring,
applicable provisions of city, municipal and supports, braces lights, danger signs and
national safety laws and building codes and all necessary safeguards, as will protect workmen
government rules and regulations, to prevent and the public and as well effectually prevent any
injury to persons on about or adjacent to the accident and damage to properly in consequence
premises where work being performed. of his work.

136
 28 Mar 2023

CONTRACTOR’S RESPONSIBILITY INDEMNITY

▪ The owner shall not be responsible for the death ▪ The Contractor shall indemnify and save harmless
of disease contracted, or injury received by the the Owner from and against all losses and all
Contractor or any employee or laborers of the claims, demands, payments, suits, actions,
Contractor; for the contractor’s plant or materials, recoveries, and judgment of every nature and
for any damage done by or to them from any description brought or recovered against him, by
source or cause; and damages caused by the reason of any act or omission of said Contractor,
Contractor or his employees to any property of the his agents or employees, in the execution of the
Owner and adjoining property. All damages shall work or the guarding of it.
be the responsibility of the Contractor

137
 28 Mar 2023

INDEMNITY
▪ Claims for payment and repairs for damages shall
be settled by the Contractor at his own expense Contractor’s
and to the satisfaction of the Architect and the
parties concerned. In the event of failure of the
insurance and
Contractor to repair at once such damages, and bonds
pay other claims, the owner may repair the same
and pay the claims, and deduct the entire cost of
such repairs and claims from the payments due
the contractor.

138
 28 Mar 2023

CONTRACTOR’S CONTRACTOR’S
LIABILITY INSURANCE LIABILITY INSURANCE
▪ The Contractor shall secure and maintain such ▪ The Contractor shall not commence work under
Insurance from an Insurance company acceptable his Contract until he has obtained all insurance
to the Owner as will protect himself, his sub- required under this section and shall have filed the
contractors, and the Owner from claims for bodily certificate of Insurance or the certified copy of the
insurance policy with the Owner. Such insurance
Injury, death or properly damage which may arise policy shall contain a clause providing that it shall
from operations under his Contract. not be cancelled by the insurance company
without ten (10) days’ written notice to the Owner
of intention to cancel. The amounts of such shall
be as agreed-upon.

139
 28 Mar 2023

CONTRACTOR’S FIRE CONTRACTOR’S PERFORMANCE

AND PAYMENT BONDS
INSURANCE
▪ In addition to such fire insurance as the ▪ The Contractor, prior to signing the Contract, shall
Contractor elects to carry for his work protection, furnish a Performance Bond equal to 15% of the
he shall secure and maintain in the name of the Contract amount for the faithful performance of
Owner policies upon such structures and his work and 15% Payment Bond covering
materials and in such amount as shall be payments and obligations arising from his
designated. These policies shall be secured from Contract. Such bonds shall be in the forms of
a company which is satisfactory to the Owner and sureties as approved by the Owner. Such bonds
delivered to the Owner. shall remain in effect untill replaced by the
Contractor’s Guarantee Bond.

140
 28 Mar 2023

CONTRACTOR’S CONTRACTOR’S
GUARANTEE BOND GUARANTY- WARRANTY
▪ The performance and Payment Bonds will be ▪ The Contractor shall, in case of work performed
released by the Owner after the expiration of two by his sub-contractors and where guarantees are
(2) months from the final acceptance of the work required, secure warranties from said sub-
and only after the Contractor has furnished the contractors and deliver copies of same to the
Owner, a Guarantee Bond In the amount of 30% of
Owner upon completion of work.
the total Contract cost. The Guarantee Bond shall
be for a period of one (1) year commencing from ▪ The Contractor shall and thereby warrants all
the date of acceptance as a guarantee that all work performed by him directly and for which
materials and workmanship installed under guarantee are required.
Contract are of good quality.

141
 28 Mar 2023

CONTRACTOR’S CONTRACTOR’S
GUARANTY- WARRANTY GUARANTY- WARRANTY
▪ The Contractor shall and thereby warrants and/or ▪ Should any defects develop in aforesaid work,
guarantees for a period of one year, or for longer within the specified-periods, due to faults in
periods where so provided in Specifications, as material and/or workmanship, the Contractor
evidenced by date of final certificate Issued by the thereby agrees to make all repairs and do all
necessary work to correct defective work to the
Architect, all materials and workmanship Installed Architect’s satisfaction. Such repairs and
under Contract to be of good quality in every corrective works shall be done without cost to the
respect and to remain so for periods described Owner and at entire cost and expense of the
herein. Contractor within five (5) days after written notice
to the Contractor by the Owner.

142
 28 Mar 2023

CONTRACTOR’S CONTRACTOR’S
GUARANTY- WARRANTY GUARANTY- WARRANTY
▪ In case the Contractor fails to do the work, so ▪ The entire foregoing are without prejudice to the
ordered, the owner may have the work done and right of the Owner under the new Civil Code, and
change the cost thereof against monies retained other laws now or hereafter that may be
as provided for in the Agreement and, if said applicable.
retained monies shall be insufficient to pay such
cost, or it no money is available, the Contractor
and his sureties agree to pay to the Owner the
cost of such work.

143
 28 Mar 2023

PROTECTION OF EMPLOYEES AND

PROFESSIONALS PERFORMING
SERVICES FOR THE OWNER
▪ The Owner shall be responsible for and shall
Owner’s maintain such insurance as will protect him for
personal injury including disease and death of
responsibilities and persons under his employ or services, temporary
liabilities or permanent in status, that are assigned for the
project.

144
 28 Mar 2023

PROTECTION OF EMPLOYEES AND

PROFESSIONALS PERFORMING OWNER’S OPTIONAL INSURANCE
SERVICES FOR THE OWNER
▪ Prior to the start of the construction, the Owner ▪ The Owner at his option may maintain such
and the Architect shall give a list of personnel Insurance as will protect him from his contingent
assigned to the project who need to be covered by liability for damages, for personal injury, including
insurance and with the corresponding amount of death, which may arise from the operations under
coverage. this contract, and any other liability for damages
which the contractor is required to insure under
any provision of this contract.

145
 28 Mar 2023

Liens, disputies and

LIENS
arbitration
▪ Neither the final payment nor any part of the
retained percentage shall become due until the
Contractor, if required, shall deliver to the Owner a
complete release of all liens arising out of this
Contract, or receipts in full in lieu thereof
▪ if required in either case of affidavit that so far as
he has knowledge or information the release and
receipts include all the labor and materials for
which a lien could be filed

146
 28 Mar 2023

LIENS ASSIGNMENT
▪ but the Contractor may, if any sub-contractor ▪ This Contract shall not be assigned In whole or in
refuses to furnish a release or receipt in full, part by the contractor nor shall any part of the
furnish a bond satisfactory to the Owner, to work be sublet by the Contractor without the prior
indemnity him against any lien. If any lien remain written consent of the Owner and such consent
unsatisfied after all payments are made, the shall not relieve the Contractor from full
Contractor shall refund to the Owner all monies responsibility and liability for the work hereunder
that the latter may be compelled to pay in and for the due performance of all the terms and
discharging such lien, including all cost and a conditions of the Contract.
reasonable attorney’s fee.

147
 28 Mar 2023

ASSIGNMENT ASSIGNMENT
▪ The Owner’s consent to any subletting of work ▪ If the Contract is assigned or any part thereof is
hereunder shall not be granted in any event until sublet, the Contractor shall exonerate, indemnify
the Contractor has furnished the Owner with and save harmless the Owner from and against
satisfactory evidence that the sub-contractor is any and all loss or expense caused thereby.
carrying ample insurance to the same extent and
in the same manner as is herein provided to be
the contractor.

148
 28 Mar 2023

ASSIGNMENT DAMAGES
▪ In case of any such transfer without the previous ▪ Should either party to this Contract suffer
written consent of the Owner, the Owner may damages because of any wrongful act or neglect
refuse to carry out the Contract either with the of the other party or of anyone employed by him,
transferor or transferee; but all rights of action claim shall be made in writing to the party liable
breach of this Contract by the Contractor shall be within a reasonable time to the first observance of
reserved to and remain within said Owner. such damage and not later than the final payment,
except as expressly stipulated otherwise in the
case of faulty or materials, and shall be adjusted
by agreement or arbitration.

149
 28 Mar 2023

DISPUTES DISPUTES
▪ The Architect shall, within a reasonable time, ▪ Except as otherwise specifically provided in the Contract,
all disputes concerning questions of fact arising under the
make a decision on all claims of the Owner or
Contract shall be decided by the Architect, whose
Contractor and on all matters relating to the decision shall be final and conclusive upon the parties
execution and progress of the work or the thereto as to questions of fact.
Interpretation of the Contract Documents.
▪ The Architect’s decisions shall be final, if within the
terms of the Contract

150
 28 Mar 2023

DISPUTES ARBITRATION
▪ If however, the Architect fails to render a decision ▪ All disputes, claims or questions subject to
within fifteen days after the parties have arbitration under this contract shall be settled in
presented their evidence, either party may then accordance with the provisions of this article.
demand arbitration. If the Architect renders a
decision after arbitration proceedings have been
initiated, such decision may be entered as
evidence but shall not disturb or interrupt such
proceedings except where such decision
acceptable to the parties concerned.

151
 28 Mar 2023

ARBITRATION ARBITRATION
▪ Notice of the demand for arbitration of a dispute ▪ When formal arbitration is requested, a Board of
shall be filled in writing with me other party to the arbitration shall be formed in the following
contract, and a copy filed with the Architect. The manner. The Owner and the Contractor shall each
demand for arbitration shall be made within a appoint one member of his board and these
reasonable time after the dispute arisen; In no members shall appoint a third member who shall
case however, shall the demand be made later act as chairman. No one with a financial interest
than the time of the final payment except as in the subject under arbitration will be permitted to
otherwise expressly stipulated in the contract. serve on this board.

152
 28 Mar 2023

ARBITRATION ARBITRATION
▪ This Board may engage experts to act in an ▪ It is mutually agreed that the decision of the
advisory capacity. Minutes shall be kept off all arbitrators shall be a condition precedent to any
meetings and signed by all members of the board. right of legal action that either party may have
Decisions of the board shall require only a simple against the other. The Contractor shall not cause
majority and all interested parties shall be a delay of the work during any arbitration
informed thereof. Expenses of the Board shall be proceedings, except by agreement within the
paid in accordance with the agreement set forth Owner.
before the proceedings of the board.

153
 28 Mar 2023

ARCHITECT STATUS
SECTION X ▪ The Architect shall be the Owner’s representative
during the construction period and he shall
Authority of Architect, Engineers And observe the work in the process on behalf of the
Project Representatives Owner. He shall have authority to act on behalf of
the Owner only to the extent expressly provided in
the Contract Documents or otherwise in writing,
which shall be shown to the Contractor

154
 28 Mar 2023

ARCHITECT STATUS ARCHITECT STATUS

▪ He shall have authority to stop the work whenever ▪ The Architect shall decide any and all questions
such stoppage may be necessary in his reasonable
opinion to insure the proper execution of the which may arise as to the quality and acceptability
Contract. The Architect’s failure of not ordering the of materials furnished and work performed and as
stopping of the work, does not relieve the Contractor to the manner of performance and rate of
from the responsibility of complying with the
Contract Documents and the sole responsibility of progress of work, and shall decide all questions
protecting persons, on, about, or adjacent to the which may arise as to the interpretation of the
premises where work is being performed against Drawings and Specifications, and all questions as
injury and death, and of protecting the Owner’s
property and adjoining properly against damage. to the acceptable fulfillment of the terms of the
Contract .

155
 28 Mar 2023

ARCHITECT STATUS ARCHITECT STATUS

▪ As the Architect is, in the first Instance, the ▪ In case of the termination of the employment of
Interpreter of the conditions of the contract and the Architect, the Owner shall appoint a capable
the judge of its performance, he shall side neither and reputable Architect against whom the
with the Owner nor with the Contractor, but shall Contract makes no reasonable objection, whose
use his powers and under the Contract to enforce status under the Contract shall be that of the
its faithful performance by both. former Architect; any dispute in connection with
such appointment shall be subject to arbitration.

156
 28 Mar 2023

AUTHORITY AND RESPONSIBILITIES AUTHORITY AND RESPONSIBILITIES

OF THE ENGINEERS OF THE ENGINEERS
▪ The Engineers shall be solely responsible for their ▪ The Engineers shall inspect the work for
respective designs, computations and other conformance with the approved Drawings and
professional services they rendered in connection Specifications and shall report to the Architect any
with the preparation of Drawings and discrepancy between such work and said
Specifications. They shall assist the Architects in Drawings and Specifications. They shall make
the general supervision and direction of the recommendations when necessary and as
particular portion of the work where their required consistent with the ethics of the
professional services are concerned. profession.

157
 28 Mar 2023

AUTHORITY AND RESPONSIBILITIES

OF THE ENGINEERS
▪ The Engineers shall perform any professional
service necessary for the accomplishment of the Authority and duties
work subject to the terms and conditions of the
Inter-professional agreement between the
of the project
Architect and the Engineers or any existing representaives
contract affecting or relative to the project.

158
 28 Mar 2023

EMPLOYED BY THE OWNER DUTIES

▪ Technically qualified men referred to as Project ▪ The duties of the Project Representatives,
Representatives, resident Architects, Resident Resident Architects, Resident Engineers and
Engineers or Construction Inspectors Construction Inspectors are stipulated in the
recommended by the Architect and employed by Special Provision of the Contract.
the Owner may be stationed on the Project to
assist the Architect and the Engineers in the
general supervision and direction of the Work.

159
 28 Mar 2023

DISPUTES DISPUTES
▪ In case of any dispute arising between the ▪ Nothing in the provisions of this article will relieve
Project Representative, Resident Architect, the Contractor from the responsibility of
Resident Engineer, or Construction Inspector, and performing the work in accordance with the
the Contractor, they shall have authority to reject Drawings, Specifications and other Contract
materials or suspend the work until the question Documents.
at issue can be referred to and decide by the
Architect.

160
 28 Mar 2023

SECTION XI
Schedule of Time Limits
Contract time

161
 28 Mar 2023

CONTRACT TIME RECKONING REQUEST FOR TIME EXTENSION

▪ To commence on the 7th day from receipt of ▪ To be filed within 15 days from occurrence of
notice to Proceed delay (item a. par.1)

162
 28 Mar 2023

BEGINNING, SUSPENDING OR REQUEST FOR SUPPLY OF

RESUMING OF WORK OWNER- FURNISHED MATERIALS
▪ Written notice to be given to Architect at least 10 ▪ Written request to be made 10 days before they
days prior to beginning, suspending (except in are actually needed (item a. Par.2).
case of accident), or resuming the work. (item f).

163
 28 Mar 2023

REQUEST FOR DRAWINGS Contract sum

▪ No claim for delay shall be allowed on account of
failure to furnish drawings until two weeks after
demand for such drawings (item d.)

164
 28 Mar 2023

CONTRACT SUM BREAKDOWN CLAIM FOR EXTRA COST

▪ To be submitted within 15 days from the receipt ▪ Notice to be given to Architect within 15 days
of Notice to Proceed ▪ after receipt of instruction involving extra cost, or
▪ after recognition of delay due to Owner’s fault

165
 28 Mar 2023

ARCHITECT’S ACTION ON
Progress payments PAYMENT REQUEST
▪ To be made within 15 days after receipt of request
for payment.

166
 28 Mar 2023

OWNER’S ACTION ON PAYMENT

REQUEST RELEASE OF RETENTION
▪ To act within 15 days from date of Architect’s ▪ To be released within 3 months after date of final
approval of the payment request. payment.

167
 28 Mar 2023

CORRECTION BEFORE FINAL

PAYMENT
▪ Contractor to promptly remove from premises all
work condemned by Architect as failing to
Correction of work confirm to the Contract, whether incorporated or
not, and promptly replace and re-execute his own
work in accordance with the contract without
expense to the Owner.

168
 28 Mar 2023

CORRECTION BEFORE FINAL CORRECTION AFTER FINAL

PAYMENT PAYMENT
▪ If Contractor fails to remove condemned work ▪ Contractor should remedy any defects due to
within a reasonable time from notice, Owner may faulty materials or workmanship, which may
remove and store the same at Contractor’s appear within a period of one year from date of
expense. acceptance of work by Owner (item a).
▪ Contractor must pay expenses within 10 days ▪ Repairs and corrective work at the expense and
from removal by the owner; In default thereof, cost of Contractor should be done within 5 days
Owner may sell the materials after 10 days, from after written notice by owner (item d).
written notice of intent to sell.

169
 28 Mar 2023

SUB-CONTRACTORS CLAIM
FOR EXTRA COST
▪ Sub-contractor may make all claims for extras, for
extension of time and for damages, for delays of
Sub-contractors otherwise to the Contractor in the manner
claim for extra cost 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).

170
 28 Mar 2023

CONTRACTOR’S RIGHT TO
SUSPEND WORK OR TERMINATE
CONTRACT
▪ Contractor may suspend work or terminate
Contractor’s right to Contract upon 15 days written notice to Owner
suspend work or and Architect, for any of the following reasons:
terminate contract ▪ 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;

171
 28 Mar 2023

CONTRACTOR’S RIGHT TO
SUSPEND WORK OR TERMINATE
CONTRACT
▪ If Owner fails to act upon request for payment within
15 days after Architect’s certification;
Owner’s right to
▪ If Owners fails to pay Contractor the agreed sum
within 30 days after its award by arbitrators. terminate contract

172
 28 Mar 2023

OWNER’S RIGHT TO TERMINATE

CONTRACT
▪ May be done after giving 15 days written notice to the
Contractor or his Surety if Contractor should:
▪ Declare bankruptcy, become insolvent or assign his assets
for the benefit of his creditors Disputes
▪ Disregard or violate provisions of the Contract Documents
or Architect’s Instructions.
▪ Fail to provide superintendent, workmen or sub-
contractors or proper materials.
▪ fail to make prompt payment to sub-contractors, workmen
or material dealers.

173
 28 Mar 2023

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). Bonds and
insurances

174
 28 Mar 2023

CONTRACTOR’S CONTRACTOR’S
LIABILITY INSURANCE PERFORMANCE AND PAYMENT
BOND
▪ Insurance policy shall not cancelled by insurance ▪ Such bonds shall remain in effect until replaced by
company without 10 days written notice to Owner the Contractor’s Guarantee Bond
of Intention to cancel.

175
 28 Mar 2023

CONTRACTOR’S
GUARANTEE BOND
▪ To be furnished the Owner after expiration of
Performance and Payment Bonds and shall be
effective for a period of one year commencing
from the date of acceptance as a guarantee that
all materials and workmanship installed are of
END OF MODULE
good quality.

176