HOUSE CONSTRUCTION CONTRACT AND AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

RIZZA PORTIN DE TORRES with address at San Pascual, Batangas City, the party
of the First Part, hereinafter called “the OWNER”

and

ENGR. ALYSSA ROSE MALIGAYA REYES, with address Tingga Labac, Batangas City,
hereinafter called “the CONTRACTOR”.

WITNESSETH:

WHEREAS, the CONTRACTOR offers build services under a project supervision and management
basis and on a fixed-based compensation;

WHEREAS, the OWNER has voluntarily sought and engaged CONTRACTOR for the construction
of the following PROJECT:

PROJECT : Proposed 80 sqm Bungalow Residence

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual
covenants and stipulations herein made, the parties hereby agree to be bound by the terms and
conditions stipulated hereunder:

ARTICLE I – CONTRACT DOCUMENTS

The following documents shall be deemed to form and be interpreted and construed as part
of this Agreement:
a. Design and Construction Agreement Contract
b. Detailed Architectural and Engineering (A&E) Design of the PROJECT
c. Construction Drawings, Plans, Designs and Specifications (setting forth in detail
the work required for the architectural, structural, electrical, electronic, mechanical,
plumbing, sanitary, service-connected equipment and site development work)
d. Statement of Probable Project Construction Cost (SPPCC)
e. Construction Plans and Phases and Timeline of the completion of the PROJECT

ARTICLE II – SCOPE AND CONDITIONS OF WORK

The scope of work to be done by the CONTRACTOR consists of professional services for
the following:

1. The CONTRACTOR shall in accordance with provisions of and subject to the conditions
contained in the documents referred to in Article I hereof, and in consideration of the sum
of money herein after stated shall fully and faithfully perform all labor and furnish the
needed equipment and services necessary to complete the Construction of the PROJECT
as per plan and specifications of the OWNER.
2. The CONTRACTOR shall hire skilled workers as may be necessary.
3. The CONTRACTOR shall construct the PROJECT under the supervision and
management of Nexbuild Engineering Design Services; and
4. The CONTRACTOR shall complete the PROJECT within the timeline provided herein.
 5. The Contractor shall in no way suspend the works stipulated herein unless due to: bad
weather, fortuitous events, force majeure or other justifiable causes.

ARTICLE III – TIME OF COMPLETION

1. The work to be performed by the CONTRACTOR under this contract shall commence
after seven (7) calendar days upon receipt and acceptance of the Notice to Proceed from
the OWNER by the CONTRACTOR.
2. The construction of the PROJECT shall be completed within One Hundred Fifty (150)
calendar days including Saturdays, Sundays and holidays.

EXTENSION. The following are grounds for the extension of the TIME OF COMPLETION,
in which case the CONTRACTOR shall not be held liable for the cost therefor:
a. Force majeure and fortuitous events, such as but not limited to flood, typhoon,
earthquake, accidents, natural calamities, including those which affect the timely
delivery of materials, tools, equipment, facilities, and services provided in the Contract
Documents;
b. Changes and alterations made or otherwise approved by the OWNER;
c. Delay in the payment of the fees by the OWNER; and
d. Delay caused by the OWNER;

Any other delays independent of the will of the CONTRACTOR.

ARTICLE IV – THE CONTRACT SUM

The OWNER for and in consideration of the faithful and satisfactory fulfilment of the
contract by the CONTRACTOR in accordance with the terms and conditions of all contact
documents and subject to the deduction herein provided, shall pay to the CONTRACTOR in
Philippine Currency the sum equivalent to One Million and Seven Hundred Thousand Pesos to
be billed on a milestone basis.

Payment shall be in accordance with the following conditions:

a. Down payment of 50% of the total contract sum or Eight Hundred Fifty Thousand
Pesos to be paid by the OWNER 7 working days before the commencement of the
project.
b. Monthly payment shall be based upon the work satisfactorily completed as certified by the
CONTRACTOR.
c. Final payment shall be made upon completion of the work by the CONTRACTOR.

ARTICLE V - GUARANTEE

The CONTRACTOR hereby guarantees the work stipulated in this contract and all the
materials it will apply and use in the construction as well as workmanship of all its work under this
contract and shall make good of its own account and/or its own expenses.

After final acceptance of the PROJECT by the OWNER, the CONTRACTOR shall assume
full responsibility for any damage or destruction of the works except those occasioned by force
majeure. They shall be required to put up a warranty security amounting to Php 5000.00 in Section
62.2.3.3 of IRRA of R.A. 9184 and shall remain effective for one (1) year from the date of issuance of
the certificate of final acceptance and shall be returned only after the lapse of the said one (1) year.

In addition, the provisions of Article 1723 of the New Civil Code shall also apply to guarantee
the work performance of the CONTRACTOR.

ARTICLE VI – SAFEGUARDS AND WARRANTS

The CONTRACTOR shall provide and do everything necessary to perform its obligations
under this contract according to the true intent and meaning of the other contract documents taken
together particularly the drawings, plans and specifications provided that the same shall be inferred
therefrom and should the CONTRACTOR find any discrepancy in the drawings, plans and
specifications, he shall immediately refer the same to the OWNER or Nexbuild Engineering Design
Services whose decision shall be followed.

Notwithstanding any provisions of this contract, the OWNER has the right and/or power to
terminate the contract without necessity of judicial action by giving written notice to the
CONTRACTOR upon his failure to comply strictly with any of the terms of this contract.

The CONTRACTOR is likewise mandated to implement the construction safety and health
program as may be provided by Nexbuild Engineering Design Services.

ARTICLE VII – VENUE OF COURT ACTION

Should any court action be instituted by the OWNER or the CONTRACTOR arising from
this contract, the parties hereby agree that the venue thereof shall be the proper court in the City of
Batangas.

IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of
October 2021 at ____________________________________.

ENGR. ALYSSA ROSE MALIGAYA REYES

RIZZA PORTIN DE TORRES

SIGNED IN THE PRESENCE OF:

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

BEFORE ME, a notary public for and in the City of , this day
of October, 2021, personally came and appeared:

OWNER CONTRACTOR

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known to me and to me known to be the same persons who executed the foregoing instrument
which consist of three pages, including this page, acknowledged before me as their free and
voluntary act and deed.

WITNESS MY HAND AND SEAL this day of October, 2021.

NOTARY PUBLIC

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