GENERAL CONDITIONS

Article 1: Definitions

a. The term “Owner” as used in these Specifications refers to Mr. And Mrs.
__________________.

b. The term “Contractor” means the entity that will provide all labor, equipment, and who shall
perform all the work necessary for the completion of the project in accordance with the plans
and specifications.

c. The term “Architect” refers to the designer, planner, and architectural consultant of the
Owner.

d. The term “Completion of the Contract” shall mean full performance by the contractor of his
obligations under the contract, and all amendments and revisions thereof. The term
“completion” or “completion of the project” shall mean the contract and all amendments and
revisions thereof. The Certificate of Completion, signed by the Architect and approved in
writing by the Owner shall be the sole and conclusive evidence as to the date of completion.

e. The term “default” used herein shall include any such failure by the Contractor to make
progress in the prosecution of work so as to endanger the completion of the project within the
calendar days allocated.

f. Wherever in the specifications or upon the drawings the words “directed”, “required”,
“ordered”, “designated”, “prescribed”, or words of like import are used, it shall be understood
that the directions, requirement, designation, or prescription of the Architect is intended.
Similarly, the words “approved”, “acceptable to”, or “satisfactory to”, refers to the Architect
unless otherwise expressly stated.

g. Where “as shown”, “as indicated”, “as detailed”, or words of similar import are used, it shall
be understood that the reference is made to the drawings accompanying these specifications,
unless stated otherwise. The word “provided” as used herein shall be understood to mean
“provided complete in place,” that is, furnished and installed.

Article 2: Specifications and Drawings

a. The Contractor shall keep in the work place a copy of the drawings and specifications and
shall at all times give the Architect access thereto. Anything mentioned in the specifications
and not shown on the drawings, or shown on the drawings and not mentioned in the
specifications, shall be of like effect as if shown or mentioned in both. In case of difference
between drawings and specifications, the specification shall govern. In case of discrepancy
 either in figures, in the drawings, or specifications, the matters shall be promptly submitted to
the Architect who shall promptly make a determination in writing. Any adjustment by the
Contractor without such a determination shall be at his risk and expense. The Architect shall
furnish from time to time such detailed drawings and other information, as he may consider
necessary, unless otherwise provided.

b. Omissions and mis-descriptions. Omissions from the drawings or specification or the mis-
descriptions of details of work which are manifestly necessary to carry out the intent of the
drawings and specifications, or which are customarily performed, shall not relieve the
Contractor from performing such omitted or mis-described details of work, but shall be
performed as if fully and correctly set forth and described in the drawings and specifications.

c. Deviations from the drawings and dimensions therein given, whether or not error is believed
to exist, shall be made only after written authority is obtained from the Architect.

Article 3: Progress Schedule

The work shall be executed with faithfulness and energy and in the order of precedence as
directed as directed by the Architect. The Contractor shall submit a progress schedule as follows:

a. The progress schedule shall be submitted within two weeks after the date of award of contract
and shall be subject to the approval of and/or modification by the Architect.

b. The progress schedule shall be in Chart Form or Critical Path Method (CPM) and shall show
the order in which the Contractor proposes to carry on the work, the dates on which he will
start the several salient features (including procurement of materials and equipment), and the
contemplated dates for completing the same.

Article 4: Taxes, Licenses, Permits, and Fees

All taxes, licenses, permits and fees which may be due to the local and/or National Government
on account of the performance and completion of the work stipulated herein shall be obtained by
the Contractor and be paid by the Owner. The building and occupancy permits shall be obtained
by the Contractor and assisted by the Architect, but paid by the Owner.

Article 5: Changes in Specifications and Drawings

The Owner may, from time to time, during the progress of the construction of the project, make
such changes in, additions to, or subtractions from the specifications and construction drawings as
conditions may warrant. However, if the cost to the Contractor shall be materially increased by
any such change or addition, the Owner shall pay the Contractor for the reasonable cost thereof in
accordance with a construction contract amendment signed by both parties. But no claim for
additional compensation for any such change or addition will be considered unless the Contractor
shall have made a written request therefore to the Owner prior to the commencement of work in
 connection with such change or addition. The owner shall make a written notification to the
Architect prior to any change in specifications and drawings.

Article 6: Supervision and Inspection

a. The Contractor shall cause the construction work on the project to receive a constant
supervision by a competent superintendent who shall be present where construction is being
carried on at all times during the working hours. The Contactor shall also employ, in
connection with the construction of the project, capable, experienced, and reliable foreman
and such skilled workmen as may be required for the various classes of work to be
performed. Directions and instructions given to the Superintendent by the Architect and by
the Owner shall be binding upon the Contractor.

b. The Architect reserves the right to require the removal from the project of any employee of
the Contractor if in the judgment of the Architect such removal shall be necessary in order to
protect the interest of the Owner. The Architect shall have the right to require the Contractor
to increase the number of employees and to increase or change the amount or kind of tools or
equipment if at any time the progress of the work shall be unsatisfactory to the Owner. But
the failure of the Architect to give such directions shall not relieve the Contractor of his
obligations to complete the work within the time and in the manner specified.

c. The manner of performance of work and all equipment used therein shall be subject to the
inspection, tests, and approval of the Architect. They shall have the rights to inspect all
payrolls and other data and records of the Contractor relevant to the work. The Contractor
will provide all reasonable facilities necessary for such inspection and tests. The Contractor
shall have an authorized agent to accompany the inspector when the final inspection is made
and if requested by the Architect or by the Owner when any other inspection is made.

d. The Architect may recommend to the Owner that the Contractor suspend the work wholly or
in part, for such periods or periods if he deemed it necessary due to unsuitable weather or
such other condition which are considered unfavorable, for the satisfactory prosecution of the
work. If there is a failure on the part of the Contractor to comply with any of the provisions of
the contract, the Contractor shall not suspend work pursuant to this provision without written
authority from the Architect to do so. The time of completion herein above set forth shall be
increased by the number of days of any such suspension, except when such suspension is due
to the failure of the Contractor to comply with any of the provisions of this contract. In the
event that work is suspended by the Contractor with the consent of the Owner, the Contractor,
before resuming work shall give the Architect a written notice at least twenty-four (24) hours
notice thereof in writing.

Article 7: Defective Workmanship

a. The acceptance of any workmanship by the Owner or the Architect shall not preclude the
subsequent rejection thereof if such workmanship shall be found defective after installation.
Such workmanship shall be remedied by and at the expense of the Contractor. The Contractor
 shall not be entitled to any payment hereunder so long as any defective workmanship, in
respect to the project of which the Contractor shall have had notice, shall not have been
remedied.

b. Should any workmanship be found not to have complied with the requirements within the six
months (6) period after issuance of certificate of completion by the Owner or Architect, the
Contractor shall remedy such defect within thirty days (30) upon written notification by the
Owner. In the event the Contractor fails to make such remedy, the Architect thru the approval
of the Owner may execute the corrective measures but the Contractor shall pay the cost
involved thereof.

Article 8: Quality of Workmanship

Workmanship shall be in accordance with the best standard practices as specified. The
workmanship shall be subject to the approval of the Architect and likewise acceptable to him/her.

Article 9: Payments to Contractor

Every after the end of each calendar month, the Contractor shall request partial payment from the
Owner for construction accomplished during the preceding calendar month. This shall be
prepared by the Architect and furnished in quadruplicate, certified by the Contractor, and
approved by the Owner solely for the purpose of payment. Such approval however, shall not be
deemed approval of the workmanship

Article 10: Assignment

The Contractor shall not assign this contract in whole or in part nor shall he sublet any part of the
work without the prior written consent of the Architect and approved by the Owner. Such consent
would not relieve the Contractor from full responsibility and liability for the work hereunder and
for the due performance of all the terms and conditions of the contract. The Architect’s consent to
any subletting of work shall not be granted in any event until the Contractor has furnished the
Architect with satisfactory evidence that the subcontractor is carrying ample insurance to the
same extent and in the same manner as herein provided. If the contract is assigned or any part
thereof is sublet, the Contractor shall exonerate, indemnify and save harmless the Owner from
and against any and all losses or expenses caused thereby.

Article 11: Completion on Contractor’s Default

If default shall be committed by the Contractor or by any subcontractor in the performance of any
of the terms of this contract, the Owner, without in any manner limiting its legal and equitable
remedies in the circumstances, may serve upon the Contractor and the surety or sureties upon the
Performance Bond written notice requiring the Contractor to cause such default to be corrected
forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor
 such default shall have been corrected or arrangements for the correction thereof satisfactory to
the Owner shall be made by the Contractor or its sureties, the Owner may have such default
corrected by contract or otherwise for the amount and at the expense of the Contractor, and the
Contractor and its surety and sureties shall be liable to the Owner for any cost and expense in
excess of the contract price occasioned thereby. In such event, the Owner may take possession of
and utilize, in completing the construction of the project, any tools, equipments, and appliances
belonging to the Contractor or any of its subcontractor, which may be situated at the site of the
project. The Owner in such contingency may exercise any rights, claims, or demands which the
Contractor may have against third person in connection with this contract and for such purpose
the Contractor does hereby assign, transfer and set over unto the Owner all such rights, claims,
and demands.

Article 12: Attorney’s Fee in Case of Suit

In case the Owner has to resort to the courts to protect and enforce his rights hereunder, the
Contractor and his surety or sureties shall be further liable for attorney’s fee in an amount
equivalent to twenty percent (20%) of the amount involved, but not less than One Thousand
(1,000.00) Pesos. The venue of such action shall be in the proper court having jurisdiction.

Article 13: Personal and Property Damage

Until the work is completed and accepted by the Architect and by the Owner, the Contractor shall
assume all risks and bear all losses that may result from any cause to the work and to the existing
structures and equipment, and to other property located on the premises or adjacent thereto
belonging to the Owner. He shall assume all damage or injury that may result to all such property
and/or to persons where such damage or injury is caused in connection with his work or is due to
his negligence or to his leaving open or unprotected portions of streets or other property.

Article 14: Supervision

All work shall meet with the approval of the Architect and shall be completed in conformity with
the plans and specifications approved by and on file with the Owner; which plans and
specifications will be made part of the contract to be entered into for the work referred to herein.
The Contractor shall confer with the Architect before commencing any work under the contract.
The Architect shall have access to the work at all times. The Contractor shall furnish all facilities
for inspection at the construction site, and shall not cover any work requiring inspection until the
same has been approved by the Architect. If work should be covered up before being inspected,
the Contractor will be required to remove such portions of the work as may be necessary to
disclose the part in question.

Article 15: Identification of Employees

The Contractor shall be responsible for furnishing to each employee and for requiring each
employee engaged in the work, to display such identification as maybe approved and directed by
 the Architect. All prescribed identification shall immediately be delivered to Architect for
cancellation upon the release of any employee. When required by the Architect, the Contractor
shall obtain and submit fingerprints of all persons employed on the project.

Article 16: Light, Power, and Water

The Contractor shall furnish temporary water, light, and power, complete with connecting piping,
wiring, lamps, meters, and similar equipment as required for the work. He shall install, maintain
and remove his temporary lines upon completion of the work. All expenses in connection with
temporary services and facilities shall be paid by the Contractor. Subsequent to the setting of the
permanent meters, the Owner will be responsible for payment of water and electrical bills
rendered for utility service through the respective permanent meters. The Contractor, however,
shall pay all costs incurred in the setting of permanent meters.

Article 17: Temporary Office

The Contractor shall provide and maintain watertight office on the premises where directed for
his own and subcontractor’s use, and for the use of the Architect. This building shall be provided
with operating windows, doors with locks, tables, benches, drawing table, and adequate electric
lighting.

Article 18: Storage Sheds

The Contractor shall provide and maintain on the premises where directed, watertight storage
sheds for all materials which might be damaged by weather.

Article 19: Temporary Toilets

The Contractor shall install and maintain in a sanitary condition suitable toilets and urinals for use
of workmen. These toilets shall be in a location approved by the Architect and connected to
existing sewers, when feasible, or may be of the chemical type.

Article 20: Repairing Injured Work

All portions of the work that may be broken or injured by accident or in the course of or on
account of building operations, or by reason of any other cause whatsoever during the progress of
the work, shall be carefully and neatly repaired or reconstructed and the whole left in first-class
condition and turned over to the Owner ready for use. Should any part of the work of this contract
be cut into or damaged by other Contractors, the Contractor and party causing such damage shall
make adjustments between themselves relative to reconstruction or repairs and payment for it.
Article 21: Other Contracts

The Contractor shall perform the work of the contract so that it will properly coordinate with and
fit the work performed by other contractors. He shall give the other contractors every reasonable
opportunity to perform their work, store materials, place equipment thereof, and fit their work to
the work of other contractors. He shall furnish to the other contractors all information necessary
in order that they may properly connect and fit their work to his in ample time, so that they may
have reasonable opportunity to prepare their work thereof. He shall make the work of this
contract ready to receive the work of the other contractors at the time fixed thereof, and shall fit
this work to that of the other contractors at the time fixed thereof.

Article 22: Cooperation with Others

a. The Contractor shall cooperate with others in the prosecution of all work and shall not
interfere with material, appliances or workers of the Owner or any other Contractor engaged
by the Owner at the site of the work.

b. All Contractors engaged in work at the site, shall have insofar as practicable, equal use of the
premises and facilities. In case of disagreement regarding such use, the matter shall be
referred to the Architect whose decision relative to said use shall govern.

Article 23: Cleaning

Upon completion of each part of the work as defined by the sections into which these
specifications are divided or as separated by the various trades involved in the work, each area
shall be cleaned of debris emanating from the work. The Contractor shall remove remaining
excess materials, waste, rubbish, debris, and his construction and installation equipment from the
premises. Any dirt or stains caused by the work under the contract shall be removed from the
surfaces of the structures and from equipments and fixtures.