Construction Agreement 2

CONSTRUCTION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Construction agreement made and executed this 21st day of May 2021 at Diffun, Quirino by and between:
Noxin Mahina represented by Jameson Biola with residential address at Mangandingay, Cabarrougis, Qurino.
Hereinafter referred as the OWNER.
and
ENGR. CHRISTER JAN PERA , with office address at Aglipay, Quirino herein referred as the CONTRACTOR.
WITNESSETH
WHEREAS, The OWNER shall construct Ten Units Three Storey Apartment Building with Roof deck at Purok 1,
Magandingay, Cabarrougis, Quirino.
WHEREAS, The contractor presented and warranted that she is capable to construct and complete the aforementioned
Apartment Building in accordance with the plans and specifications hereafter referred to as Design and Contract Documents.
WHEREAS, on the basis of the foregoing representation and warranty of the contractor, the OWNER accepted the
offer of the CONTRACTOR to construct the above mentioned Ten Units Three Storey Apartment Building with Roof deck.
NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants and undertaking hereafter
set forth, the parties hereto agrees as follows:
ARTICLE 1. DESIGN AND CONTRACT DOCUMENTS. This Agreement, together with the design and contract
documents, copies of which are attached Annexes "A" to "Dhereof as prepared by the contractor in her capacity as LICENSED
ENGINEER shall constitute as the entire agreement, to wit:
a) Annex "A" - Architectural Plans consisting of 10 sheets.

b) Annex "B" - Structural Plans consisting of 8 sheets.
c) Annex "C" - Electrical Plans consisting of 7 sheets.
d) Annex "D" - Plumbing Plans consisting of 5 sheets.
ARTICLE 2. SCOPE OF WORK. The contractor shall implement the proposed construction at Purok 1,
Mangandingay, Quirino
The CONTRACTOR shall:
a. Furnish all labor, materials, tools and equipment, technical knowhow and supervision therein, the contractor may
engage sub-contractors to perform works at its discretion and shall fully payed said sub-contractor, and
b. Perform all the work stipulated and required under this agreement
c. The contractor shall secure the permits and licenses (Building Permits, Occupancy Permit and other incidental
permits) required by the City Building Official of the Local Government of Santiago City at the expense of the
OWNER and subject to the right of the OWNER to examine the expenses incurred for said purposes and documentary
proof thereof.
ARTICLE 3. TERMS OF PAYMENT. Payment for this contract shall be based on the following:
a) Down payment. - Thirty (30) percent of the contract price.

b) Progress Billing - Base on actual accomplishments, subject to submission by the contractor of the true and accurate
accomplishment report and subject to confirmatory site inspection of the owner. Subject to the following schedule of
billing
1. Second advance payment of 25 percent.
2. Third advance payment of 20 percent.
3. Forth advance payment of 20 percent;
c) and Retention - Five (5) percent of the contract price to be released upon turn over to the owner of the finished
project and occupancy of the apartment building by the owner.
d) In the event the owner failed to pay the installment payment due, contractor may cease without breach of contract.
ARTICLE 4. EXCLUSIONS. The owner-supplied materials such as lighting fixtures, Air Conditioning units, Water
Tank, Fence, WI-FI, CCTV, CABLE TV, Telephone, Furniture and the like are excluded from the obligation of the contractor
under this agreement except electrical materials and plumbing fixtures and fittings provided in the Annexes C and D of article 1
of this agreement.
All items and/or materials which are not included in the design, drawing plans or contract documents and which are not
discussed, approved and signed by the parties to this Agreement shall be excluded from there respective obligation.
ARTICLE 5. CONTRACT AMOUNT. The contract amount shall be Sixteen Million Eight Hundred Ninety Nine
Thousand One Hundred Ten & 35/100 Pesos (Php 16, 899, 110.35)
The OWNER shall pay the CONTRACTOR for the entire performance and supply of works, labor, services, material
and equipment stipulated in this contract in accordance with the agreed scheduled of payment stipulated in the Article 3 of this
contract.
The contractor hereby guarantees and warrant the stability, strength and structural integrity of the subject Ten Units
Three Storey Apartment Building with Roof deck within the period mandated by the Civil Code of the Philippines and other
Building Laws, Rules and Regulation.
The owner shall not incur any expenses above and beyond the aforementioned agreed contract except for addition or
extra work or change that maybe required and authorized in writing by the owner and consented to in writing by the contractor.
ARTICLE 6. DEFECTIVE WORKS AND MATERIALS. All defective work discovered by the owner in the course of
the construction until the date of occupancy shall be promptly made good, repaired, remedied, restored, corrected by the
contractor at its expense within 10 days from such discovery or within such period as maybe mutually agreed upon the parties.
All materials and workmanship are guaranteed by the contractor for period of six months from the date of the turnover
of the construction project.
ARTICLE 7. TIME COMPLETION. The contractor warrant that the construction of the project shall be completed
within 548 days, excluding Sundays and holidays, counted by the date of issuance of the building permit and other related
licenses by the City Building Official of Local Government Unit or from the date the site is ready for construction as mutually
determined by the parties whichever come later. The contractor shall not be liable for any delay due to circumstance beyond her
control.
ARTICLE 8. SAFE GUARD. The contractor shall provide safe guard, facilities, equipment and personnel for the full
protection and safety of the construction site and its entire premises and the safety and protection of the general public, pursuant
to the standard and/or acceptable norms and practices in the construction Industry and/or as maybe mandated by applicable laws,
rules and regulation.
ARTICLE 8. ESCALATION CLAUSE. Escalation clause not applicable. It is agreed that the contract price stated in
Article 5 of this contract is final and fixed.
IN WITNESS WHEREOF, the parties hereto have executed this contract this 21ST day of MAY 2021 at Diffun,
Quirino, Philippines.
By: By:
MR. NOXIN MAHINA ENGR. CHRISTER JAN P. PERA

Owner Contractor
Signed in the presence of:
MAXINE S. GINOO ATTY. KEVIN GLOCO

Witness Witness

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CONSTRUCTION AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

a) Annex "A" - Architectural Plans consisting of 10 sheets.

The CONTRACTOR shall:

a) Down payment. - Thirty (30) percent of the contract price.

MR. NOXIN MAHINA ENGR. CHRISTER JAN P. PERA

Signed in the presence of:

MAXINE S. GINOO ATTY. KEVIN GLOCO

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