Bsce-4d Boone Ivanseth Exercise2

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LUMP SUM CONTRACT

RIDER TO

CONSTRUCTION CONTACT LUMP SUM

HUD-92442

THIS RIDER is made this_14 day of SEPTEMBER__, 2021, between ENGR.DENIS DELA
CRUZ(“Contractor”) and Mr. Boone, Ivan Seth (“Owner”).

WHEREAS, Owner and Contractor wish to amend the Construction Contract Lump Sum, Form HUD-
92442 (the “Form”), being executed concurrently with this Rider to facilitate certain construction before
the initial endorsement of the mortgage for insurance for Project No. _2_ (the “Initial Endorsement”).

NOW, THEREFORE, the parties agree as follows:

1. The first sentence of Article 2.A of the Form is hereby amended and shall read in its
entirety as follows:

“The work to be performed under this Contract shall be commenced within 166
days after the date of this Agreement, and shall be completed within _4.5 _ months after
the Initial Endorsement.”

2. The amount set forth in Article 3.A of the Form includes P3,000,000 for construction
before Initial Endorsement. Payment for construction before Initial Endorsement shall not be subject to
Article 3.B of the Form, and Owner shall pay Contractor for such construction on the earlier of the date of
the Initial Endorsement and the date that is _ 5__ months after the date of this Agreement.

3. Contractor acknowledges that Article 9.D of the Form does not apply to construction
before Initial Endorsement and that no building loan exists as of the date of this Rider. Contractor is
relying solely on the creditworthiness of Owner for payment of construction completed before Initial
Endorsement and further acknowledges the Federal Housing Commissioner is not responsible in any way
for construction completed before Initial Endorsement.

IN WITNESS WHEREOF, the parties have duly executed this Rider as of the date first set forth above.
ENGR.DENIS DELA CRUZ

[Owner]

Boone, Ivan Seth B.

[Contractor]
Cost-Plus Contract

COST-PLUS CONSTRUCTION CONTRACT

WHEREAS, _ENGR. LEONARDO CAAPILLO_, (Contractor) a Mississippi limited liability


company and _MR. BOONE, IVAN SETH B.__ (hereinafter called Owner) desire to enter into a Contract
for the Construction of improvements on that certain part and parcel of Real Estate described as or
located at MADISON COUNTY_, Mississippi (the Property); and

WHEREAS, the aforesaid Contractor and Owner further desire to enter into an agreement
regarding the aforesaid Property and to provide for the construction of said improvements thereon.

NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that upon the
following terms, conditions and consideration aforesaid, the Contractor and Owner agree as follows
(hereinafter Athe Agreement@):

1. The Project: Contractor agrees to construct a house on the above-described real estate in
substantial compliance with the Project Architect’s plans and specifications, if there are any
(hereinafter Athe Project@), subject to the provisions of paragraph 1.3, herein below.

1.1 The Contractor shall supervise and oversee the construction of the Project, using
its best skill and judgment and pursuant to the current local customs and standards in the home
building industry.

1.2 Unless otherwise specifically noted, the Contractor shall contract for all labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the execution and completion of
the Project.

1.3 The Contractor shall pay all sales, consumer, use and other similar taxes required
by law and shall secure all permits, fees and licenses necessary for the execution of the Project.
Contractor=s overhead and profit, is included in the price. The Contractor shall give all notices
and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing
on the performance of the work on the Project, and shall notify the Owner if the drawings and
specifications are at variance therewith. At the completion of the Project the Contractor shall
remove all of its waste materials and rubbish from and about the Project as well as its tools,
construction equipment, machinery and surplus materials, and shall clean all glass surfaces and
shall leave the work Abroom clean@ or its equivalent, except as otherwise specified.
1.4 The Owner acknowledges that all aspects of the design of the Project is the
Owner’s responsibility. To the extent that the Owner so chooses, it is the Owner’s responsibility
to retain and contract with suitable design professionals, including, but not limited to a Project
Architect, Structural Engineer and Geotechnical Engineer, as well as any other Design Professional
recommended to the Owner by the Project Architect (the Design Professionals). In all cases, the
Project Architect, if retained and contracted for The Project, shall be the Owner’s representative
for all of the design aspects of The Project. Furthermore, the Owner shall be responsible for
retaining and contracting with a certified soil testing laboratory to perform all of the necessary
soil and compaction testing, if necessary for The Project. The Owner or the Project Architect, is
responsible for providing the Contractor with all design specification, design drawings, soil test
results, compaction test results, and any other quality control report necessary for the Contractor
to perform its work on The Project in a good a workman like fashion.

1.4.1 The Project Architect/Plan Designer is _Arch. Jesus Lanuza_, of _Los

Angeles City and _CALIFORNIA_ State; □ None applicable.

1.4.2 The Project Structural Engineer is _____________________, of

____________City and ______________________ State; □ None applicable.

1.4.3 The Project Geotechnical Engineer is _____________________, of

____________City and ______________________ State; □ None applicable.

1.4.4 The Project Testing Laboratory is _____________________, of

____________City and ______________________ State; □ None applicable.

1.4.5 Other Design Professionals retained and contracted with by the Owner
include:

□ None applicable.

1.5 The Owner acknowledges and represents to the Contractor that all soil testing for
the Project site has been completed, all reports have been or prior to the commencement of the
work of the Project will be, delivered to the Contractor, and that the Contractor has the right to
rely upon the accuracy of said soil testing reports for the purpose of carrying out the work of the
Project. The Owners agrees that, in the event that the Owner fails to provide such reports to the
Contractor, the Owner is thereby representing to the Contractor that the site is suitable for
construction, and that the Contractor can reasonably rely upon such representation. Further, in
any event, the Owner acknowledges that the Property is and has been owned by the Owner
before the execution of this Agreement; and the Owner understands and acknowledges that the
area in which the Property is situated is commonly known to have within its soil make up, heavily
expansive clays, commonly known as “Yazoo Clays”, which require special and specific
engineering, testing and design criteria to design and construct a proper foundation system there
upon. All of this notwithstanding, the Owner waives any claims as against the Contractor for
damages to The Project caused by soil conditions that were not disclosed by or represented on
any soil test delivered to the Contractor under this paragraph, or that were not disclosed as the
result of the Owner’s failure to obtain a soil test for the Property.

2. Project Fee: Contractor shall receive as compensation a fee equal to _15_ percent ( _15_%) of
the Project Cost, which said term is defined herein below, incurred in the construction of the
Project (the A Project Fee@).

2.1 The term “Project Cost”, as used herein, shall include any and all fees and
expenses incurred in the course of construction of the Project, including all costs of labor,
materials, subcontractor profit, expenses, allowances, and change orders, whether such is paid
by Contractor or Owner. The following items shall not be charged as Project Cost: Architectural
and design fees paid by Owner, land procurement costs paid by Owner, bank fees paid by Owner,
salaries of Contractor's management and supervisory personnel, expenses of Contractor's offices,
Contractor's overhead and general expenses and Contractor's capital expenses.

2.1.1 Prior to the beginning of construction, the Contractor shall provide the
Owner with an estimate of the projected Project Cost (hereinafter the “Estimated Project
Cost”). The Owner hereby understands and acknowledges that the Estimated Project
Cost is merely a good faith estimate for use in budgeting and for determining the amount
of the Construction Deposit and the Contractor shall in no way be bound thereto.

2.2 The Owner agrees to provide contractor with copies of any invoices for material
or labor which contributed toward the completion of the home and were paid for by the owner.

2.3 Five percent (5.0%) of the Estimated Project Cost, shall contemporaneously
herewith be deposited with Contractor to be applied towards the construction of the Project, as
that term is defined herein below (hereinafter A Construction Deposit@). The Construction
Deposit will be used during the project and may be applied towards any costs of labor or materials
used during the construction of the Project, at the sole discretion of the Contractor. Any balance
of the Construction Deposit remaining at the completion of the Project shall be applied to any
balance due and remaining on the Project.

2.5 The Contractor shall deliver to the Owner an invoice every two (2) weeks representing the
Project Cost for the preceding two weeks, plus an amount equal to the Project Fee divided by the total
number of weeks that the Project is estimated to take, as provided by in paragraph 5 herein below,
multiplied by two (2) (hereinafter AInvoice Amount@).

2.3.1 The Owner shall pay each invoice, remitting the entire Invoice Amount
to the Contractor, within 3 calendar days of the receipt of each such invoice (hereinafter APayment
Date@).

2.3.2 If the Contractor does not receive remittance of the entire Invoice
Amount for any invoice delivered to the Owner within three (3) days of the date of such
delivery, the Contractor shall have the right to cease all work and activity on the Project,
without recourse, until such time as all of the Invoice Amounts due and owing have been
paid to the Contractor.

2.3.3 If the Contractor does not receive remittance of the Invoice Amount for
any invoice delivered to the Owner within ten (10) days of the date of such delivery, or in the case of any
final amounts due and owing, as provided for in paragraph 2.6, below, in addition to any other remedies
available under this Agreement, the Contractor may seek any available remedies to him at law,
including, but not limited to, the placing of a lien over the Project as provided by law.

2.3.4 Contractor is entitled to interest on all amounts past due and owing for
more than thirty (30) days at the rate of one-half of one percent (.5%) per day or for any portion
thereof, until said amounts and all interest accrued thereon is paid in full.

2.3.5 The rights and remedies contained in paragraphs 2.5.2, 2.5.3 and 2.5.4,
herein are not mutually exclusive of one another, but may be exercised concurrent with one another
and with any other applicable rights and remedies contained within this Agreement.

2.6 Within thirty (30) days after both the Owner and the Contractor have signed the
Certificate of Substantial Completion, as provided for herein below, all amounts due and owning,
including any remaining Project Cost and Project Fee, less any remaining Construction Deposit,
shall be remitted and paid to the Contractor by the Owner. If the balance of the remaining Project
Cost plus Project Fee is less than the remaining Construction Deposit, then the remaining Project
Cost and Project Fee shall be deducted from the remaining Construction Deposit, and any
remaining amount shall be refunded to the Owner by the Contractor within thirty (30) days after
both the Owner and the Contractor have signed the Certificate of Substantial Completion, as
provided for herein below. Collection of any amounts due and owning under this paragraph shall
be subject to and governed by paragraph 2.5.3, above.

2.7 Owner is responsible for obtaining his own financing. The Owner shall provide to
the Contractor satisfactory evidence of sufficient financing to secure permanent mortgage
financing.

3. Substantial Completion: Unless extended as provided herein, completion of the Project


shall take place immediately upon receipt of a Certificate of Substantial Completion, signed by
both the Contractor and the Owner, stating that the residence has been substantially completed
according to the plans and specifications, if applicable (hereinafter ADate of Substantial
Completion@).
3.1 Within thirty (30) days after either (1) the issuance of a Certificate of Occupancy,
or (2) written notice of completion of the Project from the Contractor to the
Owner, the Owner shall create a “punch list” which shall be completed by the Owner and returned to
the Contractor.

3.2 Upon receipt of the “punch list@ from the Owner, the Contractor shall make every
reasonable effort to substantially complete the items contained on the Apunch list@ to the extent
that said items fall within the Plans and Specifications, or any amendments thereto, within thirty
(30) days of the receipt thereof.

3.3 There shall only be one (1) “punch list@, as described in sub-paragraphs 3.1 and
3.2, above. The Owner acknowledges that it is the Owner’s responsibility to diligently, carefully
and completely prepare the “punch list” for delivery to the Contractor. The Owner further
acknowledges that the Contractor has no obligation, whatsoever, to accept multiple amendments
or counterparts to said “punch list” once it has been submitted to the Contractor as per 3.1,
above.

3.4 Upon substantial completion by the Contractor of the items contained on the
Apunch list@ that fall within the purview of the Plans and Specifications, as amended, or upon the
failure of the Owner to submit a “punch list” to the Contractor within the time permitted pursuant
to 3.1, above, the Owner shall sign a Certificate of Substantial Completion furnished to him by the
Contractor.

4. Insurance:

4.1 Insurance on the Property and the existing structure is to be maintained by the
Owner, the cost of such will not be a part of, and is excluded from, the Project Cost.

4.2 A Builder=s Risk or similar insurance policy may be taken out by the Contractor
and paid for by the Owner, as part of the Project Cost, upon mutual agreement to do so by the
parties.

4.3 Risk of loss or damage to the Property by fire or another hazard is assumed by
Owner.

4.4 Owner waives any rights or claims for damage to persons or property that it or
any of its successors in interest or insurers may have against Contractor for any claim or action
arising out of Contractor’s operations related to the Project or this Agreement, but only to the
extent that such rights or claims for damages are covered by a policy of liability, casualty, property
or other insurance, regardless of who procures such insurance.

5. Construction: Contractor agrees to begin construction within thirty (30) days of final
execution of this Agreement and to continue such construction to substantial completion with
due diligence, with said construction to be completed within _______ calendar weeks after
commencement of construction, delays due to acts of God, government, supply of materials,
subcontracted labor, wind, water, rain or force majeure excepted.

6. Manufacturer=s Warranties: Any manufacturers= warranties on fixtures, equipment,


appliances or other property located or installed on the Property shall be deemed assigned by
Contractor to Owner with the execution of the Certificate of Substantial Completion. All
warranties, documentation and instruction booklets shall be presented to Owner upon final
payment per 2.6, above.

7. Contract Documents. The Contract Documents consist of this Agreement, and any written
amendments thereto, the plans and project specifications, attached as Exhibit AA@, all
modifications, and change orders, all of which must be in writing and signed by both Contractor
and Owner to be deemed valid and enforceable.

8. No other agreements. This Agreement contains the complete agreement of the parties
hereto and cannot be modified or amended except in writing and signed by both the Contractor
and the Owner.

9. Nonwaiver. No waiver by a party of any provision of this Agreement shall be deemed to have
been made unless in writing and signed by such party.

10. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Mississippi.

11. Time is of the essence. Time is of the essence with respect to all time requirements set out
in this Agreement.

12. Successor Obligation. The rights and obligations under this Agreement shall be binding on
the parties, their successors, heirs and assigns, to the extent permitted under the terms of this
Agreement.

13. Notice: Any notice required or permitted under the terms of this Agreement shall be addressed
to Contractor or Owner, as the case may be, at the address stated below, and when deposited in
the United States mail, postage prepaid, certified mail, return receipt requested, delivery shall be
deemed to have been made. Any notice made to the Contractor shall also be copied to Clyde X.
Copeland, III, Esq., P.O. Box 2598, Ridgeland, Mississippi 39158-2598.

14. Enter at Own Risk. Owner acknowledges that any on-site inspections or entry upon the
construction site by the Owner, his guests, invitees, licensees, family or pets is done expressly at
the Owner=s risk.

15. Laborers.
15.1 All workmen, subcontractors, laborers or any person working on the Project shall
only have contractual privity with the Contractor and not the Owner, and the Owner understands
and agrees that the Owner shall have no right of control over any such workmen, subcontractors
or laborers. Contractor has complete discretion over all material purchased for the Project, so
long as same is consistent with the plans and specifications. All purchases made by the Owner
must be coordinated through the Contractor.

15.2 The Contractor shall not be held responsible or liable for the actions or omissions
of any of the contractors contracted by the Owner, prior Prime contractors or others to perform
the work or provide construction or design services prior to the date hereof, and any damage to
persons or property caused or resulting thereby, whether actual or latent and whether discovered
prior to the completion of the work or in the future.

16. Change Orders.

16.1 All changes in the plans and specifications shall be made only by a written change
order agreement, signed by both the Owner and the Contractor at the time of the execution of
such change. Subcontractors, laborers or salespersons representing the Contractor do not have
authority to authorize changes to this construction job.

16.2 The Owner agrees to pay, in addition to the amounts agreed upon in paragraph
2, above, to the Contractor an administrative fee of $95.00 per Change Order, whether the work
for said Change Order is actually done or not. Said administrative fee shall be paid to the
Contractor at the time of execution of the Change Order, and payment of said fee will be a
condition precedent to said Change Order. Allowance selections, choices and directives will be
documented with a Change Order, but will not be subject to the administrative fee outlined
herein.

16.3 A Change Order Summary with the Revised Contract Amount, Revised Project Fee
and Updated Completion Date will be supplied with each new Change Order.

16.4 Change Orders unexecuted as of the Project Completion Date shall be deemed
null and void.

16.5 Change Order work will alter the original scope of work and may also alter the
warranty and liability coverage provided by the Contractor. Such changes or limitations to those
coverages will be noted on individual Change Orders.

16.6 No oral change orders shall be binding on the Parties hereto.

17. Contractual Interpretation. When the context so requires in this Agreement, words of
gender shall include either or both of the other genders and the singular number shall include the
plural. The headings of the sections of this Agreement are inserted for convenience of reference
only and shall not be deemed to constitute a part hereof and shall not be deemed to limit, expand
or modify in any way the provisions of this Agreement.
18. Warranty.

18.1 The parties understand, acknowledge and agree that there shall be no warranties,
either expressed or implied, as to the fitness, quality and/or merchantability of the workmanship
and/or the product of the Contractor, other than those provided by the Mississippi New Home
Warranty Act, West=s A.M.C. '' 83-58-1, et. seq., and any amendments thereto, a copy of which
is attached hereto as Exhibit AB@, and which is incorporated herein by reference. ALL
OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY
WAIVED AND DISCLAIMED BY THE PARTIES HEREBY.

18.2 It is understood and agreed that any materials and equipment utilized and
incorporated in the Project by “others”, and not by the Contractor, shall not fall within the
purview of the warranty made under this Section 18, and shall be specifically and expressly
excepted there from.

18.3 It is further understood and agreed that that Contractor does not warrant the
work, labor, materials and/or equipment provided by any non-employee contractors or suppliers
who may provide work, labor, materials and/or equipment towards the construction of the
Project, beyond what is required of the Contractor under the Mississippi New Home Warranty
Act, West=s A.M.C. '' 83-58-1, et. seq., and any amendments thereto.

19. Hold Harmless and Indemnification. Owner agrees to indemnify, save harmless, and
defend Contractor (including its officers, directors, employees and agents) from and against any
and all liabilities, claims, penalties, forfeitures, suits and any costs and expenses incident thereto
(including costs of defense, settlement, and reasonable attorney's fees), which Contractor may
hereafter incur, become responsible for, or pay as a result of death or personal or bodily injuries
to any person, destruction of or damage to any property (including the person or property of
indemnitor, its employees and/or agents), contamination of or adverse effects on the
environment or any violation of governmental laws, regulations, or orders to the extent caused
by or resulting from (i) Owner=s breach of any term or provision of this agreement; (ii) any
negligent or willful acts and/or omissions of Owner and/or its employees and/or agents (iii) the
work of others to which the Contractor has no privy or control; (iv) work of others that was
initiated prior to the date of this Agreement, hereof.

20. Severability. The invalidity or unenforceability of any provision in this Agreement shall not
affect the validity or enforceability of any other provisions of this Agreement, and each provision
shall be enforced to the maximum extent permitted by applicable law.

21. ArbitrationBAttorney=s FeesBClaims.

21.1 ALL DISPUTES, CONTROVERSIES OR CLAIMS, OF WHATEVER KIND OR CHARACTER,


ARISING OUT OF, RELATED TO THE SUBJECT MATTER OF OR IN CONNECTION WITH THIS AGREEMENT, SHALL BE SETTLED
AND DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH WEST=S A.M.C. ''11-15-101, ET SEQ., AS
AMENDED. FURTHERMORE, ALL DISPUTES, CONTROVERSIES OR
CLAIMS ARBITRATED HEREUNDER RELATED TO THE WORK OR THE PROJECT SHALL BE EXCLUSIVELY GOVERNED BY THE
WARRANTIES, REMEDIES, LIMITATIONS AND EXCLUSIONS CONTAINED IN THE MISSISSIPPI NEW HOME WARRANTY ACT.
SAID ARBITRATION SHALL BE CONDUCTED BY ONE (1)
ARBITRATOR UNLESS THE PARTIES MUTUALLY AGREE THAT THE NATURE OF THE DISPUTE REQUIRES MORE THAN ONE
(1) ARBITRATOR. THE ARBITRATION SHALL BE GOVERNED BY MISSISSIPPI LAW AND SHALL BE CARRIED OUT IN THE CITY
OF MADISON, MISSISSIPPI OR SUCH OTHER LOCATION AS THE
PARTIES MAY AGREE. CONTRACTOR AND OWNER SHALL SHARE EQUALLY ALL ADMINISTRATIVE FEES AND EXPENSES
RELATED TO THE ARBITRATION, INCLUDING ANY ARBITRATOR'S FEES. THE AWARD OF THE ARBITRATOR(S) SHALL BE
ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION, SHALL BE FINAL, BINDING AND NOT APPEALABLE. THIS
PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENT AND SHALL SURVIVE THE
SUBSTANTIAL COMPLETION OF THE WORK. IF A CLAIM RELATES TO OR IS THE SUBJECT OF A MECHANIC’S OR
CONSTRUCTION LIEN, THE PARTY ASSERTING SUCH CLAIM MAY PROCEED IN ACCORDANCE WITH APPLICABLE LAW TO
COMPLY WITH THE LIEN NOTICE OR FILING DEADLINES PRIOR TO THE INSTITUTION OF A CLAIM UNDER THIS
PARAGRAPH, AND DOING SO WILL NOT BE CONSTRUED AS A WAIVER OF ANY PARTY ’S RIGHTS TO INVOKE THIS
PROVISION. FOR THE PURPOSE OF THIS ARBITRATION PROVISION, THE “PARTIES” SHALL INCLUDE NOT ONLY THE
CONTRACTOR, BUT ALSO THE CONTRACTOR’S INDIVIDUAL SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS,
MANAGERS, PRINCIPALS AND/OR AGENTS.

21.2 If the Contractor or Owner brings any action to enforce, interpret the terms of this
Agreement or otherwise arbitrate any claim arising under or related to this Agreement, the losing party
in such proceedings shall pay the prevailing party’s reasonable attorneys’ fees (but not contingent fees),
including expert or other litigation expenses. If less than the full amount of the monetary claim is
awarded to the prevailing party, the claimant shall recover reasonable attorneys’ fees (but not
contingent fees), including expert or other litigation expenses, equal to the proportion of the amount
awarded, to the amount demanded, and the complaining party shall pay the responding party’s
reasonable attorneys’ fees (but not contingent fees), including expert or other litigation expenses, equal
to the proportion of the amount denied, to the amount demanded.

21.3 The rights, duties, responsibilities and remedies, as between the Owner and Contractor, as
to notice and right to cure, as set forth and provided by The Mississippi New Home Warranty Act,
West=s A.M.C. '83-58-7, as amended, are incorporated herein by reference, which are specifically
attached hereto as Exhibit AB@, and are made apart of this Agreement.

21.4 The parties agree that with regard to any claims made by Owner against Contractor, or vice
versa, all claims, rights or remedies for incidental or consequential damages are hereby waived.

21.5 ALL DISPUTES, CONTROVERSIES OR CLAIMS, OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, THE PROJECT OR THE WORK, SHALL BE EXCLUSIVELY GOVERNED BY AND
SUBJECT TO THE WARRANTIES, LIMITATIONS AND REMEDIES CONTAINED IN THE MISSISSIPPI NEW HOME WARRANTY
ACT, WEST=S A.M.C. '83-58-7, AS AMENDED.

Mississippi law requires that the Contractor inform you as to


whether the Contractor carries general liability insurance
insuring the Contractor’s work under this contract. The
Contractor DOES carry general liability insurance. By your
signature below, you signify your understanding and
acknowledgment of this fact.

WITNESS OUR SIGNATURES, this the day of , 200___.

Contractor: Owner:

______________________ ___________________________

___________________________
BY:_________________________

Contractor=s Address & Phone #.: Owner=s Address & Phone #:

______________________ ___________________________
______________________ ___________________________
(601) ________________ (_____)_______________________
Time and Material Contract

Time and Materials Contract


This time and materials (T&M) contract (“Contract”) are made and entered into this _14_ day of
__September__, 2021 __ by and between _Mr. Lionel Messi_ (“Owner”) and _Engr. Ivan Boone_
(“Contractor”).

The Owner and Contractor agree as follows:

The Contractor will construct __30,000 sq ft. mansion_______, and furnish all materials, supplies, labor,
services, transportation, tools, equipment and parts for said work in conformance with this Contract and
its supporting documents, which are attached hereto and incorporated herein by this reference,
including:

1. Appendix A, Contractor’s
Proposal

2. Appendix B, Proposal Price


Sheet

3. Appendix C, Terms and


Conditions

4.

1. Compensation/Consideration
Contractor shall provide all materials, supplies, labor, services, transportation, tools, equipment and
parts to _Engr. Ivan Boone__ in a good and workmanlike manner to the satisfaction of the Owner for the
estimated price of $_2000,000___, not to exceed $ 1,000,000___ (“Not to Exceed estimate”). The Not to
Exceed estimate is in accordance with the Contractor’s T&M proposal and rates, as included in the
attached proposal, dated __September 14, 2021____. All labor charges shall be in accordance with the
T&M rates provided therein. Invoiced hours shall be subject to Owner review and approval before
payable.
If the performance of this Contract requires the services of subcontractors, equipment, supplies or
materials, the Contractor agrees to pay for the same in full. At the time of payment by Owner,
Contractor shall certify in writing that said payments have been made.

The parties estimate that performance of this Contract will not exceed the Not to Exceed estimate. The

Contractor shall notify the Owner in writing whenever it has reason to believe that the costs it expects
to incur in the following 60 days, when added to all costs previously incurred, will exceed 75 percent of
the Not to Exceed estimate; or the total cost for the performance of this Contract will be either greater
or substantially less than had been previously estimated.

2. Term of Contract

3. Insurance

4. Changes
The Contractor and the Owner agree that no change order or other form of order or directive will be
considered valid unless it is delivered in writing by Owner to Contractor.

5. Choice of Law
This Contract is subject to and shall be interpreted under the law of
_________________________________.

6. Termination

7. Books of Account and Auditing


The Contractor shall make available to Owner, if requested, true and complete records, which support
billing statements, reports, performance indices and all other related documentation. Owner’s
authorized representatives shall have access during reasonable hours to all records deemed appropriate
to auditing billing statements, reports, performance indices and all other related documentation.
Contractor agrees that it will keep and preserve for at least seven years all documents related to the
Contract which are routinely prepared, collected or compiled by the Contractor during the performance
of this Contract.

8. Labor
The Contractor shall employ only competent and skilled workmen and foremen in the conduct of work
on this Contract. The Contractor shall at all times enforce strict discipline and good order among
Contractor’s employees.
9. Disputes

10. Payments
All invoices shall be sent to the Owner’s Project Manager identified in this Contract.

Owner will make payments for services on a monthly basis for services performed during the previous
month in accordance with this Contract. All labor Invoices shall include labor categories, rates, hours
worked and total amounts per category. All labor categories and rates charged must be included in
Appendix B, the Price Proposal sheet. No other categories or rates will be allowed or payable. Materials
will be payable on a reimbursable basis plus the agreed-to additional fees for overhead, handling, and
General and Administrative (G&A) costs.

Owner will pay Contractor, upon submission of proper invoices, the prices stipulated in the Contract for
services rendered and accepted, less any deductions provided in this Contract, within 30 days (Net 30).

11. Inspection of Services


Contractor is responsible for performing or having performed all inspections and tests necessary to
substantiate that the services furnished under this Contract conform to Contract requirements,
including any applicable technical requirements for specified manufacturers’ parts.

12. Severability
If any terms, conditions or provisions of this Contract shall be held unconstitutional, illegal or void, such
finding shall not affect any other terms, conditions or provisions of this Contract.

13. Appendices
The following Appendices are made a part of this Agreement:

1. Appendix A, Contractor’s
Proposal
2. Appendix B, Proposal Price
Sheet

3. Appendix C, Terms and


Conditions

4.
Contract Signature Page

In Witness Whereof,

Owner Name, Company and Title


Contractor Name, Company and Title

Corporate Name:

Signature:

Date:

Title:
Unit Price Contract
Residential Construction Contract (Unit Price)

This contract has been made effective on the date: 14th Sept. 2021

This contract has been made by and between Mr. Ivan Boone who is the OWNER of the RESIDENTIAL
PROPERTY and Mr. Jose Andres L. Aguinaldo who is the owner of MW5 Construction Firm.

The details of the parties are given as follows:

OWNER:
Address: Padre Burgos Ave, Ermita, Manila, 1000 Metro Manila
Contact Number: 4910-874-5719

CONSTRUCTION COMPANY:
Address: Mayaman, Diliman, Lungsod Quezon, 0860 Kalakhang Maynila
Contact Number: 3841-734-0578
Construction Site Details:
Address:

Unit Price Details:

Cement: P 195.00/bag
CHB: P 25.00/pc (6’’)
Rebars: P 140.00/pc (10 mm)
Paint: P 2,265.00/16L (Boysen BS 701 Permacoat Latex White)
Sand: P 919.00/cu. m. (Fine Aggregate)
Gravel: P 910.70/cu. m. (Gravel ½’’)
Plywood: P 467.00 (4.5mm) (HardieFlex)
Metal Roofing: P 350.50/m (0.4 mm thickness)
Tiles: P 31.00 (30x30 cm) (Kent Vinyl Tiles 5745)
Good Lumber: P 125.40 1/2x/2x/12 (s4s)
PVC Pipes: P 111.00 (19mm D)
The CONSTRUCTION COMPANY is responsible for arranging the materials required for construction
with consent of the OWNER.

Total cost shall be estimated at the end of the contract term

Termination date: 15th January 2023

Terms and conditions:

• The CONSTRUCTION COMPANY keep records of all the materials used with bills attached.
• Any injuries caused to the workers during construction shall not be the responsibility of the
OWNER.
• The CONSTRUCTION COMPANY must utilize all the materials in an efficient manner.
• The OWNER must pay a certain amount of money for the materials and machinery and pay pending
amount after termination of contract.

Signatures:

__Mr. Jose Andres L. Aguinaldo__


Contractor

Mr. Boone, Ivan Seth


Owner

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