SPEKS- General Conditions of Contract

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GENERAL CONDITIONS OF THE CONTRACT

1. DEFINITIONS:

1.1 The Contract Documents consist of the following:

a. The Invitation to Bidb. The Instructions to Biddersc. The Contractors Proposald. The Letter of Acceptance/Letter of Intent of Awarde. The Owner-Contractor Agreementf. The General Conditions of the Contractg. The Plansh. The Specificationsi. The Bid Bulletins, if any

including all modifications thereof incorporated in thedocuments before their execution.

1.2 By OWNER is meant Nicole & Henry Morris. ByCONTRACTOR is meant the individual, firm, partnership,corporation or association that undertakes the constructionand completion of the work hereinafter described. ByARCHITECT is meant Arch. Melinda Minerva Perez Laudicoand where the sense of the context so requires, his dulyauthorized representative or representatives. The Owner,the Contractor and the Architect are those mentioned as

such in the Agreement. They are treated throughout theContract Documents as if each were of singular numberand masculine gender.

1.3 The term SUBCONTRACTOR, as employed herein, refersonly to those having a direct contract with the Contractor,including one who furnishes material worked to a specialdesign according to the plans and specifications of thiswork, but does not include one who merely furnishesmaterial not so worked.

1.4 The term WORK of the Contractor or Subcontractorincludes labor/ materials or both as well as equipment,transportation or other facilities necessary to complete theContract.

1.5 Written notice shall be deemed to have been duly served ifdelivered person to the individual or to a member of thefirm to an officer of the corporation for whom it is intenced,


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or if delivered at or sent by registered mail to last businessaddress known to him who gives the notice.

1.6 All time limits stated in Contract Documents are of theessence of the Contract.

1.7 The law prevailing in the locality of the building shallgovern the construction of this contract.

2. EXECUTION, CORRELATION AND INTENT OF DOCUMENTS:

2.1 The Contract Documents shall be signed by the Owner andthe Contractor. In case the Owner and the Contractor failto sign the General Conditions, Plans or Specifications, theArchitects shall identify them.

2.2 The Contract Document are complementary, and what iscalled for by any one shall be as binding as if called for byall. The intention of the documents is to include all laborand materials, equipment and transportation necessary forthe proper execution of the work. It is not intended,however, that materials or work not covered by or properlyinferable from any leading, branch, call or trade of theSpecifications be supplied unless distinctly so noted on thePlans. Materials or work described in words which soapplied, have a well-known technical or trade meaning,shall be held to refer to such recognized standards.

3. PLANS AND SPECIFICATIONS:

3.1 The Owner shall furnish the Contractor free-of-charged one(1) set of Plans and Specifications for constructionpurposes only.

3.2 All plans, and detail drawings, are intended to correlatewith the Specifications, to form a part thereof, and also toform a part of the Contract Documents. Where figures aregiven, they are to be followed in preference to

measurements by scale. Anything shown on the Plans butnot mentioned in the Specifications, or vice versa, oranything not expressly set forth in either but which isreasonably implied, shall be furnished as thoughspecifically shown and mentioned in both, without anyextra charge.


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3.3 It shall be the duty of the Contractor to carefullyexamine, compare, and verify the data furnished by thePlans and Specifications. Any doubt as to the meaning ofthe plans (including notes thereon) and the Specifications,or any obscurity as to the wording of the Specifications will

be explained. All directions and explanations necessaryand proper to make more definite and certain anyrequirements of the Plans (including notes thereon) or ofthe provisions of the Specifications to give them due effect,will be given by the Architect.

3.4 In any case of discrepancy in the figures of drawings, thematter shall be submitted immediately to the Architect,before any adjustments be made by the Contractor saveonly at the latters own risk and expense. The decision ofthe Architect on the adjustment of discrepancies so as to

confirm the real intent of the plans and specifications shallgovern and shall be followed by the Contractor withoutextra charge.

4. DETAIL DRAWINGS AND INSTRUCTIONS:

4.1 The Plans referred to in these Specifications will be furthersupplemented by necessary additional detail drawings andinstructions essential to the proper interpretation of thePlans and the proper execution of work. The Architect shallfurnish, with reasonable promptness, such additional detail

drawings and instructions. All such additional detaildrawings and instructions shall be consistent with theContract Documents, true developments thereof, andreasonably inferable there from. All such additionaldrawings and instructions are to be considered of equalforce as those which originally accompany theSpecifications.

4.2 The work shall be executed in conformity which such detaildrawings and instructions, the Contractor shall do no workwithout proper drawings and instructions.

4.3 The Contractor and the Architect, if either so request, shalljointly prepare a schedule, subject to change from time totime, in accordance with the progress of the work, fixingthe dates at which the various detail drawings will berequired, and the Architect shall furnish them inaccordance with that schedule. Under like conditions, aschedule shall be prepared, fixing the dates for the


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submission of the shop drawings, for the beginning ofmanufacture and installation of materials and for thecompletion of the various parts of the work.

5. SHOP DRAWINGS:

5.1 The Contractor shall prepare at his own expense andsubmit with such promptness as to cause no delay in hisown work or in that of any other contractor doing work onthe same building, two (2) copies of all shop or settingdrawings templates patterns, as well as schedules,required corrections, including all necessary correctionsrelating to artistic effect. The Contractor shall make anycorrections required by the Architect, file with him twocorrected copies and furnish such other copies as may beneeded.

5.2 The Architects approval of such drawings or schedule shallnot relieve the Contractor from responsibility for deviationsfrom Plans, Specifications, or detail drawings, unless hehas in writing, called the Architects attention to suchdeviations at the time of submission, nor shall it relievehim from responsibility for errors of any sort in shopdrawings or schedules.

6. OWNERSHIP OF PLANS AND MODELS:

6.1 The Plans, Specifications, perspective and models,including all additional detail drawings and instructions,and copies thereof, furnished for this work are the propertyof the Architect. They are not to be used on any otherwork, and with the exception of the signed contract set,are to be returned to the OWNER on request, at thecompletion of the work, before final payment is made.

7. PLANS AND SPECIFICATIONS ON THE WORK:

7.1 The Contractor shall keep at the site of the work, in

good order, one copy of all Plans and Specifications,including all detail drawings and instructions, available tothe Architect and to his representative.

8. MATERIALS AND WORK:

8.1 Unless otherwise stipulated, the Contractor shallprovide and pay for all materials, labor, water, tools,


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equipment, light power, transportation and other facilitiesnecessary for the execution and completion of the work.

8.2 Unless otherwise specified, all materials shall be new. Thequality of materials shall be of the best grade of their

respective kinds for the purpose. The work shall beperformed in the best and most acceptable manner instrict accordance with the requirements of the Plans andSpecifications.

8.3 The decision of the Architect as to quality andquantity of work and material shall be final and precedentto the Contractors right to receive any money hereunder.

8.4 When the Contract contemplates the placing of materialsin work, all accepted materials shall be placed carefully

and securely where directed by the Architect. Whenreinforcing bars for concrete structures are furnished, theyshall be cut, bent and placed by the Contractor to conformto Plans and Specifications.

8.5 All materials and work must conform to all laws andregulations enforced in the placed of construction, not withstanding anything herein specified or provided that may beconstrued to the contrary.

9. SAMPLES OF AND INFORMATION ON MATERIALS:

9.1 When required by the Specifications, or when called for theArchitect, the Contractor shall furnish for approval, fullinformation and satisfactory evidence as to the kind andquality of materials or articles which he contemplatesincorporating in the work. The Contractor shall furnish forthe Architects approval all samples when so directed. Thework shall be in accordance with approved samples.

9.2 Materials and articles installed or used without such

approval shall be at the risk of subsequent rejection.

10. PROTECTION OF MATERILS, WORK AND PROPOERTY:

10.1 The Contractor shall put up and continuously maintainadequate protection of all his work from damage and shallprotect the Owners property, as well as materialsfurnished and delivered to him by the Owner, from injury or


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loss arising in connection with this Contract. He shall makegood any such damage, injury or loss except such as maybe caused by agents or employees of the Owner.

10.2 The Contractor shall adequately protect adjacent property

as provided by law and the Contract Documents. Theconstruction, building, or work in addition to anyneighboring property or building which may be jeopardizedin any manner, must be thoroughly and substantiallybraced against winds, floods, settling, falling, or likeoccurrences, and when necessary, covered and protectedfrom sun and rain at the Contractors expense. TheContractor shall be liable for all damages occasioned in anymanner by his acts or neglect, or of his agents, employees,or workmen.

10.3 If necessary in the prosecution of the work to interrupt orobstruct the natural flow of rivers or streams, the drainageof the surface, or flow of artificial drains, the Contractorshall provide for the same during progress of the work insuch a way that no damage shall result to either public orprivate interests. For any neglect to provide for eithernatural or artificial drainage which he may be interrupted,he shall be held liable for all damages which may resultthere from during the progress of the work.

10.4 In an emergency affecting the safety of life, of the work or

of adjoining property, the Contractor, without specialinstructions or authorization from the Architect or Owner, ishereby permitted to act at his discretion, to prevent suchthreatened loss or injury, and he shall so act withoutappeal, if so instructed or authorized. Any compensationclaimed by the Contractor on account of emergency work,shall be determined by agreement or arbitration.

11. METHODS AND APPLIANCES:

11.1 The Contractor shall use such methods and

appliances for the performance of all the operationsconnected with the work embraced under this Contract, aswill produce a satisfactory quality of work and rate ofprogress which, in the opinion of the Architect, will insurethe completion of the work within the contract time.

11.2 If, at any time before the commencement or duringthe progress of the work, such methods or appliances


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appear to the Architect to be inefficient or inappropriate forproducing the quality of work required, or insuring therequired rate progress, the Architect may order theContractor to increase the rate of their efficiency, or toimprove their character, and the Contractor must comply

with such order. Failure, however, of the Architect todemand such increases, efficiency or improvement ofcharacter of methods and appliances shall not relieve theContractor from his obligation to turn out such quality ofwork ad rate of progress as are called for in this contract.

11.3 The Contractor shall, if required, furnish to the Architect forapproval, full information and satisfactory evidence as tothe name of the manufacturer of machinery, mechanical orother equipment which he contemplates installing,together with their performance capacities and other

pertinent information.

12. ROYALTIES AND PATENTS:

12.1 The Contractor shall pay all royalties and licenses fees. Heshall defend all suits or claims for infringement of anypatent rights and shall save the Owner harmless from losson account thereof, except that the Owner shall beresponsible for all such loss when a particularmanufacturer or manufacturers specified, but if the

Contractor has information that the process or articlesspecified is in infringement of any patent he shall beresponsible for such loss unless he promptly gives suchinformation to the Architect or Owner.

13. LABOR:

13.1 The Contractor shall at all times, employ such a force ofcompetent workmen as, in the judgment of the Architect,shall be sufficient to ensure the completion of the workwithin the contract time, but in no case shall the Contractor

violate any of the visions of the Eight-Hour Labor Law, ActNo. 4123, as amended by Act No. 4242.

13.2 The Contractor shall at all times enforce strict disciplineand good order among his employees and workmen.

13.3 The Contractor shall employ only competent and skillfulmen to do the work, and whenever the Architect shall


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inform the Contractor in writing that any men on the workare, in his opinion, unfaithful and disorderly, such menshall be discharged from the work and not again beemployed on it. Such discharge shall not form the basis ofany claim for compensation or damage upon the Owner.

14. SCHEDULE OF CONSTRUCTION WORK:

14.1 The Contractor shall, at such times as may be required bythe Architect, submit schedules which shall show the orderin which the Contractor proposes to carry out the work,with dates at which the Contractor will start the severalparts of the work and estimated dates of completion of theseveral parts.

15. SURVEYS, PERMITS AND REGULATIONS:

15.1 The Owner shall furnish all relocation surveys unlessotherwise specified.

15.2 The Contractor shall pay for all licenses, permits and allother applicable fees and taxes required to complete theconstruction, including the building permit ad finalcertificate of occupancy.

15.3 The Contractor shall give all notices and shall comply with

all the laws, city and municipal ordinances, and allGovernment rules and regulations in so far as they arebinding upon or affect the parties hereto, the work, or hoseengaged thereon. If the Contractor observes that thedrawings and specifications are at variance therewith, heshall promptly notify the Architect in writing and anynecessary changes shall be adjusted as provided in theContract for changes in the work. If the Contractorperforms any work, knowing it to be contrary to such laws,ordinances, rules and regulations, and without such noticeto the Architect, he shall bear all cost arising there form.

16. INSPECTION OF WORK:

16.1 The Architect and his representatives shall, at all times,have access to the work wherever it is in preparation orprogress and the Contractor shall provide facilities for suchaccess and for inspection.


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16.2 If the specifications, the Architects instructions, laws,ordinances or any public authority require any work to bespecially tested or approved, the Contractor shall give theArchitect timely notice of its readiness for inspection, and ifthe inspection is by another authority than the Architect, of

the date fixed for such inspection. Inspections by theArchitect shall be promptly made, and where practicable,at the source of supply. If any work should be covered upwithout approval or consent of the Architect, it must, ifrequired by the Architect, be uncovered for examination atthe Contractors expense.

16.3 The Contractor shall furnish promptly, without additionalcharge, all reasonable facilities, labor, and materialsnecessary for the safe and convenient inspection and testthat may be required by the inspector. All inspections and

tests shall be performed in such a manner as not tounnecessarily delay the work. Special, full load, andperformance tests shall be as described in theSpecifications. The Contractor shall be charged for anyadditional cost of inspection when material andworkmanship are not ready at the time inspection isrequested by the Contractor.

16.4 Should it be considered necessary or advisable by theArchitect at any time before final acceptance of the entirework, to make an examination of the work already

completed, remove or tear out same, the Contractor shall,on request, promptly finish all necessary facilities, labor,and material. If such work is found to be defective in anymaterial respect, due to the fault of the Contractor or hissubcontractors, he shall defray all expenses of suchexamination and of satisfactory reconstruction. If however,such work is found to meet the requirements of theContract, the actual cost of labor and material necessarilyinvolved in the examination and replacement, plus 15percent, shall be allowed the Contractor and he shall, inaddition, if completion of the work has been delayed

thereby, be granted a suitable extension of time onaccount of the additional work involved.

16.5 Defective work and material may be condemned by theArchitect at any time before the final acceptance of thework. When such work has been condemned it shall betaken out immediately by the Contractor and rebuilt inaccordance with the Plans and Specifications. When


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defective materials have been condemned, they shall beremoved at once by the Contractor from the line of thework.

16.6 Failure or neglect on the part of the Architect, or any of his

agents, to condemn or eject bad or inferior work ormaterials shall not be construed to imply an acceptance ofthe work of the same, if such bad or inferior work ormaterials are discovered at any time prior to the finalacceptance of the work by the Owner and the release ofthe Contractor.

17. SUPERINTENDENCE AND SUPERVISION:

17.1 The Contractor, if he supervises the work personally, mustbe a licensed engineer or architect; otherwise he must

have in his employ, a licensed engineer or architect;acceptable to the Architect, who will supervise the workpersonally and inspect the project every working day andmake the necessary certification as Concrete Inspector ofthe project, as required by the local authorities.

17.2 The Contractor shall keep on his work, during its progress,a competent Project Engineer or Superintendent and anynecessary assistants, all satisfactory to the Architect. TheProject Engineer or Superintendent shall not be changedexcept with the consent of the Architect, unless the Project

Engineer or Superintendent proves to be unsatisfactory tothe Contractor and ceases to be in his employ. The ProjectEngineer or Superintendent shall represent the Contractorin his absence and all directions given to him shall be asbinding as if given to the Contractor. Important directionsshall be confirmed in writing to the Contractor. Otherdirections shall be so confirmed on written request in eachcase.

17.3 The Contractor shall give efficient supervision to the work,using his best skill and attention. He shall carefully study

and compare all drawings, specifications and otherinstructions and shall at once report to the Architect anyerror, inconsistency or omission which he may discover,however, the Contractor shall not be held responsible forthe their existence or discovery.

18. LAYING OUT THE WORK:


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18.1 The Contractor shall engage the services of a licensedsurveyor to lay out the lines and grades of the work underthe supervision of the Architect. The Contractor shall beguided by such lines and grades given and approved bythe Architect.

18.2 The Contractor shall check all the dimensions as a wholeand in detail, and become responsible for the extent,position, and elevation of all the parts of the work. Allstakes, bench marks, etc., placed by the Contractor inlaying out the work, under the supervision of an with theapproval of the Architect, shall be carefully guarded andpreserved by the Contractor. In case such stakes or marksare displaced or rendered useless through the carelessnessor neglect of the Contractor or of his agent, employees, orworkmen, they should be replaced by the Contractor at his

own expense.

19. USE OF PREMISES:

19.1 The Contractor shall confine his apparatus, storage ofmaterials and the operations of his workmen to limitsindicated by law, ordinances, permits or directions of theArchitect and shall not unreasonably encumber thepremises with his materials.

19.2 The Contractor shall not load or permit any part of the

structure to be loaded with a weight that will endanger itssafety. The Contractor shall enforce the Architectsinstructions regarding signs, advertisements, fires andsmoking.

19.3 All old materials of value, found by the Contractor upon thework, shall be carefully piled where designated by theArchitect; the Contractor shall be responsible for the sameuntil final acceptance of the work.

19.4 The Contractor shall maintain such sanitary and otheressential services, such as latrines, drinking water, first-aid

station, etc., for his staff and workmen at the constructionsite, the minimum requirements thereof, as well as theirlocation, to be determined by the Architect.

20. CHANGES IN THE WORK:

20.1 The Owner may at any time, without invalidating theContract and without notice to the sureties, order extra


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work or make changes by altering, adding to, or deductingfrom the work, as covered by the Plans and Specificationsof the Contract and within the General scope thereof. Suchchanges shall be ordered by the Owner in writing, and nochange or omission from the Plans and Specifications shall

be considered to have been authorized without writteninstructions signed by the Owner.

20.2 If, during the progress of the work, subsurface and/orlatent conditions at the site materially different from thoseshown on the Plans or indicated in the Specifications arediscovered or encountered, the attention of the Ownershall be called immediately to such conditions before theyare disturbed. The Architect shall there upon promptlyinvestigate the conditions, and if he finds that theymaterially differ from those shown on the Plans or

indicated in the Specifications, he shall at once, with theapproval of the Owner, make such changes in the Plansand Specifications as he may find necessary.

20.3 All such work shall be executed under the conditions of theoriginal Contract. If such changes cause an increase ordecrease in the amount due under this Contract or in thetime required for its performance, an equitable adjustmentshall be made and the Contract shall be modified inwriting, accordingly. The express consent of the suretiesshall be obtained in writing. In the event that the work

involved is increased by such changes, the Contractor shallfurnish proportionate additional performance bond.

20.4 Except in an emergency endangering life or property, noextra work or change shall be made unless in pursuance ofa written order from the Owner signed or countersigned bythe Architect or a written order from the Architect statingthat the Owner has authorized the extra work or change.No claim for an addition to the Contract Sum shall be validunless so ordered.

20.5 The value of any such extra work or change shall bdetermined in any one or more of the following ways.

a. By estimate and acceptance in lump sum.b. By unit prices named in the Contract and subsequently

agreed upon.c. By cost and percentage or by cost and affixed free.


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If none of the above methods is agreed upon, theContractor, provided he receives an order as above, shallproceed with the work. In such case and also under case(c), he shall keep and present in such forms as theArchitect may direct, a correct account of the cost,

together with vouchers. In any case, the Architect shallcertify to the amount, including reasonable allowances foroverhead and profit due to the Contractor. Pending finaldetermination of value, payments on account of changesshall be made on the Architects certificate.

20.6 Any claim for the adjustment involving questions of factmust be asserted within ten days from the date change isordered, unless the Architect shall for proper cause, extendsuch time. Excepts as otherwise specifically provided inthe Contract, all disputes concerning questions of a fact

arising under this Contract shall be decided by theArchitect or his duly authorized representative; nothing,however, provided in the preceding paragraphs 19.1, 19.2,19.3, and 19.4 shall excuse the Contractor from proceedingwith the prosecuting of the work so changed.

20.7 In giving instructions, the Architect shall have the authorityto make minor changes in the work, not involving extracost, and not inconsistent with the purposes of thebuilding.

20.8 In case any extra work shall be required in the properperformance of the work contemplated under this contract,it is understood that if the Contractor and the Owner fall toarrive at any agreement as to the price of such extra work,the Owner reserves the right o have such extra work doneby any other person, firm or corporation than the saidContractor, or to perform the same by day labor under thecharged and supervision of the Architect.

20.9 Should the Owner award extra work or other contract foradditional work to any other person, firm or corporation,

the Contractor agrees that he will not in any way interferewith or, molest such person, firm, or corporation, and thathe will suspend such part of the work herein specified orwill carry on the same in such a manner as may be orderedby the Architect, so as to afford all reasonable facilities fordoing such work.

21. CLAIMS FOR EXTRA COST:


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21.1 If the Contractor claims that any instructions by drawingsor otherwise, involve extra cost under this Contract, heshall give the Architect written notice thereof within seven(7) working days after the receipt of such instruction, and

in any event before proceeding to execute the work,except in emergency endangering life or property, and theprocedure shall be as provided for changes in the work. Nosuch claim shall be valid unless so made.

22. TIME OF COMPLETION:

22.1 The Contractor shall commerce the work herein contractedto be done within the stipulated calendar days from thedate he signs the Owner- Contractor Agreement. The rateof progress of his work shall be such as, I the opinion of the

Architect, will ensure completion of the work within thetime specified in the Contract. If the Contractorundertakes actual construction on the proposed work,including the delivery of equipment of materials (in thecase of contract for furnishing materials) or theperformance of any other kind of work whatsoever, beforehe signs the Owner- Contractor Agreement, he does so athis personal risk, unless he has received a duly signedcopy of letter of intent of award.

22.2 Unless extraordinary and unforeseen events or conditions

supervene, the Contract time stipulated in this Contract forthe completion of the work shall not be exceeded.

22.3 Should the Contractor be obstructed or delayed in theprosecution or completion of the work by the act, neglect,delay, or default of the Owner or the Architect, or any othercontractor employed by the Owner on the work, or bystrikes, fire, flood, lighting, earthquakes, or typhoons, byabandonment of the work by employees, by act of theOwner, by unavoidable calamity, through no fault ornegligence of the Contractor, or by delay authorized by the

Architect pending arbitration, then the Architect, with theapproval of the Owner may waive the limit and permit theContractor to finish the work within a reasonable period, tobe determined by the Architect.

22.4 If no schedule or agreement stating the dates upon whichdrawings shall be furnished is made, then no claim fordelay shall be allowed on account of failure to furnish


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drawings until two (2) weeks after demand for suchdrawings and not then unless such claim be reasonable.

22.5 The Contractor shall not be entitled to any damages forany hindrance or delay due to any cause whatsoever in the

progress of the work, but said hindrance may entitle theContractor to an extension of time for completing theContract as herein provided.

22.6 If the work is interrupted for any reason, it must bepromptly resumed upon the removal or cessation of thecause of delay.

22.7 The Contractor shall give written notice to the Architect atleast ten (10) working days prior to beginning, suspending(except in case of accident) , or resuming the work, to the

end that the Architect may make the necessarypreparations for inspection without delaying the work. Alldelays or losses resulting from failure of the Contractor togive such notice will be at the Contractors risk; and allextra cost to the Owner for such delays (said cost to bedetermined by the Architect) shall be deducted from thefinal payment.

23. DEDUCTIONS FOR UNCORRECTED WORK:

23.1 If the Architect and Owner deem it inexpedient to correct

work injured or done not in accordance with the Contract,an equitable deduction from the contract price must bemade therefore.

24. CORRECTION OF WORK BEFORE FINAL PAYMENT:

24.1 The Contractor shall promptly remove from the premisesall materials condemned by the Architect as failing toconform to the Contract, whether incorporated in the workor not, and the Contractor shall promptly replace and re-execute his work in accordance with the Contract and

without expense to the Owner and shall bear the expensesof making good all work of other contractors destroyed ordamaged by such removal or replacement.

24.2 If the Contractor does not remove such condemned workand materials within a reasonable time, fixed by writtennotice, the Owner may remove them and may store thematerial at the expense of the Contractor. If the


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Contractor does not pay the expenses of such removalwithin ten (10) days time thereafter, the Owner may, uponten (10) days written notice, sell such materials at auctionor at private sale and shall account for the net proceedsthereof, after deducting all the cost and expenses that

should have been borne by the Contractor.

25. CORRECTION OF WORK AFTER FINAL PAYMENT:

25.1 Neither the final certificate, nor payment, nor any provisionin the Contract Documents shall relieve the Contractor ofthe responsibility for faulty materials or workmanship and,unless otherwise specified, he shall remedy any defectsdue thereto and pay for any damage to other workresulting there from, which shall appear within a period ofone (1) year from the date of substantial completion.

25.2 The Owner shall give notice of observed defects withreasonable promptness. All questions arising under thisarticle shall be decided by the Architect, subject toarbitration.

26. THE OWNERS RIGHT TO DO WORK:

26.1 If the Contractor should neglect to execute the workproperty or fail to perform any provision of this contract,the Owner, after three (3) days written notice to the

Contractor may, without prejudice to any other remedy hemay have, make good such deficiencies and may deductthe cost thereof from the payment then or thereafter duethe Contractor, provided, however, that the Architect shallapprove such action and amount charged to theContractor.

27. OWNERS RIGHT TO TERMINATE CONTRACT:

27.1 If the Contractor should be adjudged bankrupt, or if heshould make a general assignment for the benefit of his

creditors, or if a receiver should be appointed on accountof his insolvency, or if he should persistently or repeatedlyrefuse or should fail, except in cases for which extensionsof time is provided, to supply enough properly skilledworkmen or proper materials, or if he should fail to makeprompt payment to subcontractors or for material or labor,or persistently disregard laws, ordinances or theinstructions of the Architect, or otherwise be guilty of a


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substantial violation of any provision of the Contract, thenthe Owner, upon the certificate of the Architect thatsufficient cause exist to justify such action, may, withoutprejudice any other right or remedy and after giving theContractor seven (7) days written notice, terminate the

employment of the Contractor and take possession of thepremises and of all materials, tools and appliances thereonand finish the work by whatever method he may deemexpedient. In such case the Contractor shall not beentitled to receive any further payment until the worked isfinished.

27.2 If the unpaid balance of the Contract Sum shall exceed theexpense of finishing the work including compensation foradditional managerial and administrative services, suchexcess shall be paid to the Contractor. If such expense

shall exceed such unpaid balance, the Contractor shall paythe difference to the Owner.

27.3 The expense incurred by the Owner as herein provided,and the damage incurred through the Contractors defaultshall be certified by the Architect.

28. CONTRACTORS RIGHT TO STOP WORK OR TERMINATE

CONTRACT:

28.1 If the work should be stopped under an order of any court

or other public authority, for a period of three (3) months,through no act or fault of the Contractor or of anyoneemployed by him, or if the Architect should fail to issue anycertificate for payment within seven (7) days after it is due,or if the Owner should fail to pay to the Contractor withinfourteen (14) days after it is due, or if the Owner should failto pay the Contractor within fourteen (14) days of itsmaturity and presentation, any sum certified by theArchitect or awarded by arbitrators, then the Contractormay, upon seven (7) days written notice to the Owner andthe Architect, stop work or terminate the Contract and

recover from the Owner payment for all work executed andany loss sustained upon any plaint or materials andreasonable profits and damages.

29. SEPARATE CONTRACTS:

29.1 The Owner reserves the right to let other contracts inconnection with this work. The Contractor under this


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Contract shall afford other contractors reasonableopportunity for the introduction and storage of theirmaterials and the execution of their work, and shallproperly connect and coordinate his work with theirs.

29.2 If any part of the Contractors work depends for properexecution or results upon the work of any other contractor,the Contractor shall inspect and promptly report to theArchitect any defects in such work that render it unsuitablefor such proper execution and results. His failure so toinspect and report shall constitute an acceptance of theother contractors work as fit and proper for the receptionof his work except as to defects which may develop in theother contractors work after the execution of his work.

29.3 To ensure the proper execution of his subsequent work,

the Contractor shall measure already in place and shall atonce report to the Architect any discrepancy between theexecuted work and the drawings.

30. SUBCONTRACTS:

30.1 It is understood and agreed that the entire work called forby this Contract shall not be sublet or subcontracted andthat no part thereof may be sublet or subcontractedwithout the express prior authorization of the Architect,and that a subcontract, even if authorized, shall not be so

understood as to relieve the Contractor and his bondsmenfrom their obligation and responsibility to the Owner for thesatisfactory completion of the work and for the paymentfor the wages of laborers and for materials furnished forthe work.

30.2 The Contractor shall, as soon as practicable after theexecution of the contract, notify the Architect in writing ofthe names of subcontractors proposed for the principalparts of the work and for such others as the Architect maydirect and shall not employ any that the Architect may,

within a reasonable time object to as incompetent or unfit.

30.3 If the Architect notifies the Contractor in writing that anysubcontractor is unacceptable and the Contractor shouldthereafter accept and use on the job, work or laborfurnished by such unacceptable subcontractor, then thevalue of such work or labor so used shall be deducted fromthe contract price of the job.


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30.4 Nothing contained in the Contract Documents shall createany contractual relation between any subcontractor andthe Owner.

30.5 The Contractor agrees that he is as fully responsible to theOwner for the acts and omissions of his subcontractors andof persons either directly or indirectly employed by them,as he is for the acts and omissions of persons directlyemployed by him.

31. RELATION TO OTHER CONTRACTORS:

31.1 The Contractor shall, as far as possible, arrange his workand dispose of his materials so as not to interfere with thework or storage of materials of other contractors engaged

upon the work. He shall also join his work to that of othersin proper manner, and in accordance with the spirit of thePlans and Specifications, and perform his work in theproper sequence in relation to that of other contractors,and as may be directed by the Architect.

32. MUTUAL RESPONSIBILITY OF CONTRACTORS:

32.1 Should the Contractor cause damage to any separatecontractor on the work, the Contractor agrees, upon duenotice, to settle with such contractor by agreement or

arbitration, if he will so settle. If such separate contractorsues the Owner on account of any damage alleged to havebeen so sustained, the Owner shall notify the Contractor,who shall defend such proceedings at the Owners arisethere from the Contractor shall pay or satisfy and pay allcost incurred by the Owner.

33. CUTTING, PATCHING AND DIGGING:

33.1 The Contractor shall do all cutting, fitting or patching of hiswork that may be required to make its several parts come

together properly and fit it to receive or be received bywork of and other contractors shown upon, or reasonablyimplied by the Plans and Specification for the completedstructure, and shall make good after them as the Architectmay direct.

33.2 Any cost caused by defective or ill-timed work shall beborne by the party responsible therefore. The Contractor


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shall not endanger any work by cutting, digging, orotherwise, and shall not cut or alter the work of any othercontractor save with consent of the Architect.

34. APPLICATION FOR PAYMENTS:

34.1 The Contractor shall submit to the Architect an applicationfor each payment, and if required, receipts or othervouchers, showing his payments for materials and labor,including payments to subcontractors.

34.2 If payments are made on valuation of work done, suchapplication shall be submitted at least five (5) days beforeeach payment falls due, and if required, the Contractorshall, before the first application, submit to the Architect aschedule of values of the various parts of the work,

including quantities, aggregating the total sum of theContract, divided so as to facilitate payments tosubcontractors, made out in such form as the Architect andthe Contractor may agree upon, and, if required, supportedby such evidence as to its correctness as the Architect maydirect. This schedule, when approved by the Architect,shall be used as a basis of payment, unless it be found tobe in error. In applying for a payment, the Contractor shallsubmit a statement based upon this schedule, and, ifrequired, itemized in such form and supported by suchevidence as the Architect may direct, showing his right to

the payment claimed.

34.3 If payments are made on account of materials deliveredand suitable, stored at the site but not incorporated in thework, they shall, if required by the Architect, be conditionalupon submission by the Contractor of bills of sale or suchother procedure as will establish the Owners title to suchmaterial or otherwise adequately protect the Ownersinterest.

35. CERTIFICATES OF PAYMENT:

35.1 If the Contractor has made application as above, theArchitect, shall not later than the date when each paymentfalls due, issue to the Contractor a certificate for suchamount as he decides to be properly due.

35.2 The Architect shall, once a month, on or about the last dayof each month, make an estimate in writing of the amount


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of work done to said date, and of the value thereof,according to the terms of the Contract. The first suchestimate shall be of the amount of quantity and value ofthe work done since the contractor commenced theperformance of this Contract, and every subsequent

estimate (except the final one) shall be of the amount orquantity and value of the work done since the lastpreceding estimate was made. Such estimates of theArchitect shall be final and conclusive evidence of theamount of work performed, and shall be taken as the basisfor the full measure of compensation to be received at thetime by Contractor. Such preliminary estimates of amountand quantity shall not be required to be made by strictmeasurement or with exactness, but they may, at theoption of the Architect, be approximate only and shallconform to the agreed Schedule of Work and Payments.

35.3 Payments will be made only upon satisfactory completionof each stage of work as stipulated in the Schedule of Workand Payments. Upon such schedule, the Owner shall payto the Contractor a sum equal to ninety percent (90%)thereof up to and until such time as the total work shallhave been completed or the contract canceled, as hereinprovided.

35.4 No certificate issued nor payment made to the Contractor,nor partial or entire use or occupancy of the work by the

Owner, shall be an acceptance of any work or materials notin accordance with this Contract. The making andacceptance of the final payment shall constitute a waiverof all claims by the Owner, other than those arising fromunsettled liens, from faulty work appearing after finalpayment or from requirement of the Specifications, and ofall claims by the Contractor, except those previously madeand still unsettled.

35.5 Whenever the Contract, in the opinion of the Architect,shall be completely performed on the part of the

Contractor, the Architect shall proceed promptly tomeasure the work, shall make the final estimates, shallcertify as to the completion of work, and accept the same.The Owner shall then, excepting for causes hereinspecified, pay to the Contractor promptly, after theexecution of said certificate, the remainder which shall befound due, excepting there from such sum or sums as maybe lawfully retained any of the provisions of this Contract;


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PROVIDED THAT FINAL PAYMENT ON THE CONTRACT SHALLNOT BE MADE UNTIL THE CONTRACTOR HAS SUBMITTED ASTATEMENT SWORN TO BEFORE AN OFFICER DULYAUTHORIZED TO ADMINISTER OATH SHOWING THAT ALLTAXES DUE FROM HIM, AND ALL OBLIGATIONS FOR

MATERIALS USED AND LABOR EMPLOYED IN CONNECTIONWITH THIS CONTRACT HAVE BEEN DULY PAID; andPROVIDED, FURTHER, That nothing herein contained shallbe construed to waive the right of the Architect herebyreserved to reject the whole or any portion of the aforesaidwork, should the same be found to have been construed inviolation of the plans and specifications or of any of theconditions or covenant-of this Contract.

36. PAYMENTS WITHHELD:

36.1 The Architect may withhold or, on account of subsequentlydiscovered evidence, nullify the whole or a part of anycertificate to such extent as may be necessary to protectthe Owner from loss on account of:

a. Defective work not remedied.b. Claims filed or reasonable evidence indicated probable

filing of claims.c. Failure of the contractor to make payments properly to

subcontractors or for material or labor.d. A reasonable doubt that the Contract can be completed

for the balance then unpaid.e. Damage to another contractor.

When the above grounds are removed, payments shall bemade for amounts withheld because of them.

37. UNPAID CLAIMS:

37.1 The Contractor shall pay punctually the workmenemployed on the work and the persons furnishing materialtherefore, and deliver the work free from all claims of any

description. If required, he shall furnish the Owner with astatement sworn to before an officer duly authorized toadminister oath that all persons who have done work orfurnished materials under this contract, and shall have filedany account of such claims with said Owner, have beenfully paid and in such case evidence not be furnished asaforesaid, such amount as said, Owner may considernecessary to meet the lawful claims of the persons


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aforesaid shall be deducted from the money due to saidContractor, and shall not be allowed until the liabilitiesaforesaid shall have been fully discharged and theevidence thereof furnished said Owner or until their lack ofequity has been established. If such written evidence is

not furnished before the final payment under this Contractfalls due, said Owner may pay such lawful claims in wholeor in part to person or persons, firm or corporation claimingthe same, and charged the amount thus paid to saidContractor, who shall accept the same as payment fromthe amount due on this Contract.

38. PAYMENTS OVER 65 PERCENT:

38.1 Nopayment shall be made on contracts in excess of sixty-five percent (65%) of the contract price, unless a

statement sworn to before an officer duly authorized toadminister oath is submitted by the Contractor to theeffect that all bills for labor, other than current wages, andall bills for materials have been duly paid by the Contractorand his subcontractor, if any, excepting only such bills asmay be enumerated in such sworn statement.

39. RESPONSIBILITY FOR ACCIDENTS AND DAMAGES:

39.1 The Owner shall NOT BE RESPONSIBLE for the deathcontracted or injury received by the Contractor or by any

employee or laborer of the Contractor, for the Contractorsplant or material, for any damage done by or to them fromany source or cause, and damages cause by the Contractoror by his employees to any property of the Owner shall atonce be repaired by the Contractor at his own expense,and to the satisfaction of the Architect, whose decision asto such matters shall be final. And in the event of failure ofthe Contractor to repair at once such damages the Ownermay repair the same and deduct the entire cost of suchrepairs from the payments due to the Contractor.

39.2 The Contractor shall take all necessary precautions for thesafety of employees and workmen on the work and shallcomply with all applicable provisions of city, municipal andnational safety laws and building codes and all governmentrules and regulations, to prevent injury to persons on,about or adjacent to the premises where work is beingperformed. The Contractor shall erect and properlymaintain at all times, as required by the conditions and


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progress of the work, such barriers, lights, danger signsand necessary safeguards, as will protect workmen and thepublic and as will prevent any accident in consequence ofhis work.

39.3 The Contractor shall designate a responsible member of hisorganization on the work, whose duty shall be theprevention of accidents. The name and position of theperson so designated shall be reported to the Architect bythe Contractor.

40. CONTRACTORS LIABILITY INSURANCE:

40.1 The Contractor shall maintain such insurance as willprotect him from claims under workmens compensationacts and from any other claims for damages for personal

injury, including death, which may arise from operationsunder this Contract, whether such operations be by himselfor by any subcontractor or anyone directly or indirectlyemployed by either of them. Certificates of such insuranceshall be filled with the Owner, if he so requires, and shallbe subject to his approval for adequacy of protection

41. OWNERS LIABILITY INSURANCE:

41.1 The Owner shall be responsible for, and at his option, maymaintain such insurance as will protect him from his

contingent liabilities for damages, for personal injury,including death, which may arise from operations underthis Contract.

42. GUARANTEE BONDS:

42.1 The Contractor, prior to signing the Contract, shall furnish aperformance bond equal to twenty percent (20%) of thecontract amount for the faithful performance of his workand twenty percent (20%) payment bond coveringpayments and obligations arising from his Contract. Such

bonds shall be in the form of securities as approved by theOwner. Such bonds shall be effective within a period of six(6) months after due acceptance of the work by the Owneror his duly authorized representative.

43. ABANDONMENT:


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43.1 It is understood that, in case of failure on the part of theContractor to complete the Contract as herein specifiedand agreed upon, or if the work to be done under thisContract be abandoned by the Contractor, or if thisContractor, or if this Contract be assigned by the

Contractor otherwise than herein specified or if at any timethe Architects is of the opinion, after verifying the facts,that the work is unnecessarily or unreasonably delayed, orthat the Contractor is willfully violating any of theconditions, covenants, and agreements of this Contract, oris not executing said Contract in good faith, or is notmaking such progress in the execution of the work as toinsure its completion within he required time, then, in anyof these case, the Owner shall have the power to rescindthis Contract by giving notice in writing to that effect to theContractor and his bondsmen.

43.2 Upon giving such notice, the Owner shall then take overthe work and proceed to complete the same byadministrative or otherwise, and use such tools, appliancesand materials of every description as may be found uponthe line of said work or at points where materials is built orframed for the work and also procure such other tools andmaterials for the completion of the work as may berequired.

43.3 It is agreed and understood that, upon such rescission of

the Contract, the Architect will ascertain and fix the valueof the work completed by the Contractor and not paid forby the Owner at the time of said rescission.

43.4 In the event that the total expenditures of the Owner oncompletion of the work, including all charges against theproject prior to rescission of the Contract, are not in excessof the contract price, then the difference between the saidtotal expenditures of the Owner and the contract price maybe applied, to settle claims filed under paragraph 37, andthe balance, if any, may be paid to the Contractor, but no

amount in excess of the combined value of the unpaidcompleted work, retained percentage and usable materialstaken over by the Owner at the time of the rescission ofthe Contract shall be so paid, nor shall any claim forprospective profits on the work done after rescission of theContract be considered allowed.


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43.5 The Contractor and his sureties shall be liable to the Ownerfor any cost occasioned the Owner in excess of thecontract price.

43.6 Neither an extension of time nor the acceptance of any

part of the work called for in the Contract shall be deemeda waiver by the Owner of the right to abrogate the contractfor any of the cases expressly provided in paragraph 40.1.

44. LIENS:

44.1 Neither the final payment nor any part of the retainedpercentage shall become due until the Contractor, ifrequired, shall deliver to the Owner a complete release ofall liens arising out of this Contract, or receipts in full, inlieu thereof and, if required in either case, and affidavit

that so far as he has knowledge or information the releasesand receipts in include all the labor and material for whichall a lien could be filed but the Contractor may, if anysubcontractor refuses to furnish a release or receipt in full,furnish a bond satisfactory to the Owner, to indemnify himagainst any lien. If any lien remains unsatisfied after allpayments are made, the Contractor shall refund to theOwner all money that the latter may be compelled to payin discharging such lien, including all costs and areasonable attorneys fee.

45. ASSIGNMENT:

45.1 This Contract shall not be assigned to any other party orparties, nor shall this Contact be sublet as a whole, norshall the Contractor assign any money due or to becomedue to him hereunder, without the previous writtenconsent of the Owner.

45.2 In case of any such transfer without the previous writtenconsent of the Owner, the Owner may refuse to carry outthe Contract either with the transfer to transferee but all

nights of action for any breach of this Contract by theContractor shall be reserved o and remain within saidOwner.

46. CLEANING UP:

46.1 The Contractor shall at all times keep the premises freefrom accumulations of waste material or rubbish cause by


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his employees or work, and at the completion of the workhe shall remove all his rubbish from and about the buildingand all his tools, scaffolding and surplus materials and shallleave his work broom clean or its equivalent, unlessmore exactly specified. In case of dispute the Owner may

remove the rubbish and charge the cost to the severalcontractors as the Architect shall determine to be just.

47. DISPUTES:

47.1 The Architect shall, within a reasonable time, makedecisions on all claims of the Owner or Contractors and onall matters relating to the execution and progress of thework or the interpretation of the Contract Documents.

47.2 Except as otherwise specifically provided in this Contract,

all disputes concerning questions of fact arising under thisContract shall be decided by the Architect whose decisionshall be final and conclusive upon the parties thereto as toquestions of fact.

47.3 The Architects decision, in matters relating to artisticeffect, shall be final, if within the terms of the ContractDocuments.

48. ARCHITECTS STATUS:

48.1 The Architect shall have general supervision and directionof the work. He is the agent of the Owner to the extentprovided in the Contract Documents and when in specialinstances he shall upon request, show the Contractorwritten authority. He has authority to stop the workwhenever such stoppage may be necessary to ensure theproper execution of the Contract.

48.2 As the Architect, in the first instance, the interpreter of theconditions of the Contract and the judge of itsperformance, he shall side neither with the Owner nor with

the Contractor, but shall use his powers under the Contractto enforce its faithful performance by both.

49. TEMPORARY BARRICADES AND GUARD LIGHTS:

49.1 The Contractor shall furnish and put up all temporarybarricades and guard lights necessary for the protection,proper prosecution and completion of the work. The guard


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lights at the top of the false work tower, barricades,railings, etc., shall be provided and maintained by theContractor throughout the project.

50. TEMPORARY OFFICE AND CONTRACTORS BUILDING:

50.1 The Contractor shall at all times provide and maintainadequate weather tight temporary office with water, light,telephone and toilet facilities for the use of the resident,engineers, inspector, contractors, and subcontractors. Thisoffice shall be provided with wooden floor raised above theground, windows, doors and locks, tables, benches andracks for drawings. Submit sketch and location to theArchitect for approval before construction.

50.2 The temporary buildings for housing workmen, or theerection of tents or other forms of protection will bepermitted only at such places as the Owner and/orArchitect shall provide, the sanitary condition of thegrounds in or about such structures shall at all times bemaintained in a manner satisfactory to the Owner and/orArchitect. NOBODY IS ALLOWED TO SLEEP AND/OR COOKWITHIN THE BUILDING LINE OF THE PROJECT UNDERCONSTRUCTION.

51. TEMPORARY TOILETS AND NECESSARY SANITARYCONVENIENCES: FIRST AID STATION

51.1 The Contractor shall provide, construct and maintain forthe duration of the contract, sample sanitary toiletaccommodations and other necessary conveniencesincluding water connections for the use of personnel andlaborers on the work, properly secluded from publicobservation, in such a manner and at such points as shallbe approved by the Architect, and their use shall be strictlyenforced. He shall keep such places clean and free from

flies, remove all connections and appliances connectedtherewith prior to the completion of the contract, and leavethe premises perfectly clean.

52. WATCHMAN:


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52.1 The Contractor shall provide the necessary watchman toguard the site and premises at all times except duringregular working hours. Unless otherwise stated.

53. PLACING ORDER OF MATERIALS, HARDWARE, PLUMBING

PIPES AND FIXTURES, ETC.:

53.1 The Contractor shall place his order for all materials,hardware, plumbing pipes and fixtures, and all otherimported items that cannot be procured locally in order toavoid delay in the completion of the work.

53.2 No request for extension of time shall be entertained bythe Owner and/or Architect due to this delay.

53.3 And no substitution of any of the above items specifiedhereinafter shall be allowed due to negligence or

inadvertence of the Contractor on this matter.

54. PHOTOGRAPHS, PROGRESS:

54.1 The Contractor shall furnished to the Architect at his ownexpense progress photographs which shall be takenmonthly, starting when the work begins and continuing solong as the work is in progress, on the outside of thebuilding on the station points designated by the Architect.

54.2 The photographs shall be 6 x 8. At each period, take for

exposures, one on each side of the building.

54.3 Twelve (12) prints, matte finish, 3 copies for eachexposures shall be delivered to the Architect and allnegatives shall bear the date of exposures and name ofthe work.

55. CONTRACTORS USE OF AND RESPONSIBILITY ON

PREMISES:

55.1 Existing trees, plants, shrubs, etc., which are to remain

shall be boxed and otherwise protected from damage. Notrees within site or located outside the building lines shallbe cut or removed without specific approval from theOwner and the Architect.

55.2 All trees and other plants that need to be transplantedelsewhere within fifty (50) meters from the building linesshall be done by the Contractor at his own expense in


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accordance with instructions from the Architect or from theauthorities concerned.

55.3 Undue damage to trees, plants, shrubs, etc., within thepremises resulting from and in connection with the

construction work shall be made good and/or replaced bythe Contractor at his own expense to the satisfaction of theOwner/Architect.

55.4 The Contractor shall enforce the Architects instructionregarding signs, advertisements, fires and smoking.

56. CLEANING UP:

56.1 The Contractor shall provide a tightly built rubbish chute,serving each floor which shall lead down to angle offset,and gate at convenient leading points for trucks or wagons.

56.2 At no time shall any rubbish be thrown from the windowsof the building.

56.3 Besides the general broom cleaning the Contractor shall dothe following cleaning for all trades at the completion of

the work.

a. Cleaning of all Glass: Contractor shall remove puttystains and paint from all glass and shall wash and polishsame.

b. Cleaning of all painted and stained works: Contractorshall remove all mark, stains, fingerprints and other soilor dirt from all painted and stained work.

c. Removing of all Temporary Protections: Contractors

shall remove all temporary protections and shall cleanand polish all floors and walls upon completion.

d. Cleaning and Polishing of all Hardware. Contractor shall

clean and polish all hardware for all trades; this shallinclude removal of all stains, dust, dirt, paint, etc., uponcompletion.


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e. Removal of all Spots, Soil and Paint from all Tile Works:Contractor shall remove all spots and paint from all

the tile work and shall wash same upon completion.

f. Cleaning of Fixtures and Equipment: Contractor shall

clean all fixtures and equipment, removing all stains,paints, dirt and dust.

57. ITEMIZED BREAKDOWN OF WORK:

57.1 Immediately after the award of contract and before theContactor commences the work, he shall submit thefollowing to the Architect for approval.

a. Itemized breakdown of branch of work of the projectand the corresponding percentage weight of each item

and sub-item.

b. Construction Progress Schedule based on the approvedbreakdown.

c. Bio-data of Project Engineer/Architect and Foreman.

58. OTHER REQUIREMENTS:

58.1 No claim for extra compensation by the Contractor shall beentertained by the Owner and/or Architect for negligence

or inadvertence on his (Contractor) part in obtaining allnecessary and pertinent data and clarifications.

58.2 No pouring of concrete shall be done by the Contractorunless bearing surfaces and bar reinforcement has beenapproved by the Architect, Structural Engineer, or ProjectInspector and the authority to proceed has been receivedby the Contractor.