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    Article Ii

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    tintin.tualla
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    Original Title

    ARTICLE II

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    1 views3 pages

    Article Ii

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    tintin.tualla

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    © All Rights Reserved
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    of 3

    ARTICLE II

    –
    SCOPE OF AND CONDITIONS OF WORK
    The scope of work to be done by the CONTRACTOR consists of professional services forthe
    following:

    1.

    The CONTRACTOR shall in accordance with provisions of and subject to theconditions


    contained in the documents referred to in Article I hereof, and inconsideration of the sum of
    money herein after stated shall fully and faithfully performall labor and furnish the needed
    equipment and services necessary to complete theConstruction 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 andmanagement of
    Design M.E. Architectural Firm; and4.

    The CONTRACTOR shall complete the PROJECT within the timeline providedherein.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.
    ARTICL III
    –
    TIME OF COMPLETION
    1.

    The work to be performed by the CONTRACTOR under this contract shall commenceafter
    ten (10) calendar days upon receipt and acceptance of the Notice to Proceed fromthe
    OWNER by the CONTRACTOR.2.

    The construction of the PROJECT shall be completed within


    One Hundred Eighty(180) calendar days
    including Saturdays, Sundays and holidays.3.

    Should the CONTRACTOR refuse or otherwise fail to complete the work stipulatedherein, the
    CONTRACTOR agrees to pay the OWNER liquidated damages in anamount equal to One-
    Tenth of One Percent (0.1%) of the total contract sum for eachcalendar day of delay until
    the work is completed and accepted by the OWNER or whenthe OWNER takes over the
    project by administration or relets it to other contractorsuntil such time as the OWNER may
    reasonably secure the completion of the works.Such amount shall be deducted from any
    money due or which may become due theCONTRACTOR under this contract.
    EXTENSION.
    The following are grounds for the extension of the TIME OFCOMPLETION, in which case the
    CONTRACTOR shall not be held liable for the costtherefor:a.

    Force majeure and fortuitous events, such as but not limited to flood, typhoon,earthquake,
    accidents, natural calamities, including those which affect the timelydelivery of materials,
    tools, equipment, facilities, and services provided in theContract Documents;b.

    Changes and alterations made or otherwise approved by the OWNER;c.


    Delay in the payment of the fees by the OWNER; andd.

    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 thecontract
    by the CONTRACTOR in accordance with the terms and conditions of all contactdocuments
    and subject to the deduction herein provided, shall pay to the CONTRACTOR in

    Philippine Currency the sum equivalent to


    Forty Percent (40%)
    of actual material cost to be billedon a milestone basis.Payment shall be in accordance with
    the following conditions:a.

    Monthly payment shall be based upon the work satisfactorily completed as certified bythe
    CONTRACTOR and concurred by Design M.E. Architectural Firm.b.

    Final payment shall be made upon completion of the work and upon submission by
    theCONTRACTOR of his sworn statement that all taxes due him and all obligations
    formaterials used and labor employed in accordance with this contract have been duly paid.
    ARTICLE V - GUARANTEE
    The CONTRACTOR hereby guarantees the work stipulated in this contract and all themateria
    ls it will apply and use in the construction as well as workmanship of all its work under
    thiscontract 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 assumefull responsibility
    for any damage or destruction of the works except those occasioned by forcemajeure. They
    shall be required to put up a warranty security denominated in Philippine Pesosprovided in
    Section 62.2.3.3 of IRRA of R.A. 9184 and shall remain effective for one (1) year fromthe
    date of issuance of the certificate of final acceptance and shall be returned only after the
    lapseof the said one (1) year. In addition, the provisions of Article 1723 of the New Civil Code
    shall also apply toguarantee the work performance of the CONTRACTOR.
    ARTICLE VI
    –
    SAFEGUARDS AND WARRANTS
    The CONTRACTOR shall provide and do everything necessary to perform its
    obligationsunder this contract according to the true intent and meaning of the other contract
    documents takentogether particularly the drawings, plans and specifications provided that
    the same shall be inferredtherefrom and should the CONTRACTOR find any discrepancy in
    the drawings, plans andspecifications, he shall immediately refer the same to the OWNER or
    Design M.E. ArchitecturalFirm whose decision shall be followed. The OWNER reserves the
    right for an additional or increase in the number of laborers
    or workers assigned to the construction site in the opinion of the OWNER or Design M.E. Arc
    hitectural Firm as the exigencies of the circumstances may require. The CONTRACTOR shall
    be considered as an independent CONTACTOR and as such,
    he assumes all obligations and liabilities arising out of the Employee’s Liability Act and any
    other
    laws existing and those enacted thereafter that may affect the rights of the employees or
    laborersemployed in the performance of this contract. Should the OWNER be made liable for
    any of the
    CONTRACTOR’s violation
    of any labor laws, the CONTRACTOR shall reimburse the OWNERfor whatever amount the
    latter is required to pay to said laborers.Notwithstanding any provisions of this contract, the
    OWNER has the right and/or powerto terminate the contract without necessity of judicial
    action by giving written notice to theCONTRACTOR 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 healthprogram as may be provided by Design M.E. Architectural
    Firm.

    ARTICLE VII
    –
    VENUE OF COURT ACTION
    Should any court action be instituted by the OWNER or the CONTRACTOR arising fromthis
    contract, the parties hereby agree that the venue thereof shall be the proper court in the
    City ofDavao.IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day
    ofMay 2019 at ____________________________________.
    JONEL DELA PENA
    (CONTRACTOR)
    JUAN DELA CRUZ
    (OWNER)

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