Вы находитесь на странице: 1из 14

CONSTRUCTION CONTRACT

KNOW ALL MEN BY THESE PRESENTS:


This Agreement, made and entered into this __ day of May, 2015 by and between:

DOCTOR GERARD SMITH GARCIA


Of legal age, Filipino citizen, married to Doctor Ma. Florema Sy- Garcia, and a resident of 3767
Dona Josefa Village, Banawa, Cebu City, Cebu Central Visayas, Philippines, herein after referred
to as the PROJECT OWNER, and

INSPIRA DECORA, INC.


A construction firm duly organized and registered under and by virtue of the laws of the
Philippines with Business License Registration Number _________, having an address at North
Road Hi-way Basak, Mandaue City, Cebu Central Visayas, Philippines. It is represented herein by
CEO -101, MR. GABRIEL V. SANCHEZ, hereinafter referred to as the CONTRACTOR.

WITNESSETH THAT:

The PROJECT OWNER and the CONTRACTOR had previous written agreements. Their
agreements were that the CONTRACTOR shall build the structure of the RESIDENTIAL BUILDING
with a garden on grade and with the perimeter fence. While the construction is going on, the
authorized officer of the subdivision developer had noticed that the constructed rear portion of
the perimeter fence was too high which was not approved by the subdivision. And also, this
constructed rear portion of the perimeter Fence was constructed without a representative
engineer of the PROJECT OWNER. Because of these reasons,the previous agreements between
the PROJECT OWNER and the CONTRACTOR have been revised. The architectural, structural,
plumbing, electrical, mechanical plans of the proposed residential building need to be revised.
The previous project was to build a structural residential building with garden on grade and a
perimeter fence. It was then changed into a STRUCTURE of the RESIDENTIAL BUILDING,
suspended garden floor slab, swimming pool and perimeter fence with steel fence & a steel
gate.

The revised agreements between the PROJECT OWNER and the CONTRACTOR are the
following:

The PROJECT OWNER proposed to construct the entire structure of the RESIDENTIAL
BUILDING, a Suspended GARDEN floor slab, SWIMMING POOL and PERIMETER FENCE at
Monterazzas de Cebu, Barangay Guadalupe, Cebu City, Cebu Central Visayas, Philippines,
hereinafter referred to as the CONSTRUCTION PROJECT; and

The CONTRACTOR has presented and warranted itself as capable, competent, and duly
licensed to construct and complete the CONSTRUCTION PROJECT (entire structure ofthe
RESIDENTIAL BUILDING, Suspended GARDEN floor slab, SWIMMING POOL and PERIMETER
FENCE with a steel fence & steel gate PROJECT) in accordance with the revised plans and
technical specifications presented by the Contractor's Architect and approved by the PROJECT
OWNER and with the approval of the authorized officer of the subdivision (GENVI developer
of the Monterrazas de Cebu); The CONTRACTOR must hire a license Civil Engineer to be his
Project In - Charge Engineer for the entire CONSTRUCTION PROJECT. The hired Project In -
Charge Engineer of the CONTRACTOR must be a licence Civil Engineer to prove that he is
responsible in supervising the entire CONSTRUCTION PROJECT & also to prove that the
CONTRACTOR is capable, competent, and duly licensed to construct and complete the entire
CONSTRUCTION PROJECT in accordance with the Building Code of the Philippines.

On that basis of the foregoing representation and warranty of the CONTRACTOR, the
PROJECT OWNER has accepted the offer of the CONTRACTOR to construct the entire
CONSTRUCTION PROJECT;
For and in consideration of the foregoing premises, covenants, and undertakings here in
after set forth, the parties hereby agree as follows:

ARTICLE 1. PREVIOUS AGREEMENTS BETWEEN THE PROJECT OWNER AND THE CONTRACTOR
1.01 These previous written agreements between the CONTRACTOR and the PROJECT
OWNER, were revised. Because the constructed rear portion of the perimeter fence were not in
accordance with the subdivision guidelines. This constructed rear portion of the perimeter
Fence was constructed without a representative engineer of the PROJ ECT OWN ER. Only the
project in - charge Engineer of the CONTRACTOR had supervised this construction works in this
rear portion of the perimeter fence. The CONTRACTOR had presented an
architectural & structural plans of the perimeter fence where Architect Jasper Navarra, had sign
and seal these presented mentioned documents. These
presented plans were not in accordance with the structural designed of Engineer Ray
Fernandez. Also, these said plans had presented the front side and the left elevation only, the
Right side and the rear elevation plans were lacking. The project in - charge Engineer of the
CONTRACTOR had submitted an As - Build Plans of these rear portion of the perimeter fence. It
is also found out that the structure designed of these perimeter fence were not in accordance
with the structural designed of Engineer Ray Fernandez. Because of those reasons, the
CONTRACTOR must submit the following documents:
a. Complete Architectural of the perimeter fence. The Architectural Plans must have
the Front Side, Left Side, Right Side and the Rear Elevation plans. These documents must have a
signature & seal by a license Architect with the photo copy of his PRC registration card,
Professional Tax Receipt (PTR) and Community Tax Certificate (CTC). The service of the Architect
is the sole account of and charge to the CONTRACTOR.
b. Complete Structural Analysis Design computation and complete Structural
Plans of the perimeter fence must have a signature & seal of a license Civil Engineer. A photo
copy of his PRC registration card, Professional Tax Receipt (PTR) and Community Tax Certificate
(CTC) must be attached to these said documents. The service of the License Civil Engineer is the
sole account of and charge to the CONTRACTOR.
c. The As - Build Plans of the rear portion of the perimeter are necessary since
these construction worked done by the CONTRACTOR was not been checked by the
representative Engineer of the PROJECT OWNER. These documents must have the signature &
seal of the project in - charge Engineer of the CONTRACTOR with the PRC registration card,
Professional Tax Receipt (PTR) and Community Tax Certificate (CTC) must be attached to these
said documents. The service of the Project in - charge Engineer of the CONTRACTOR is the.sole
account of and charge to the CONTRACTOR. The signature & seal of the CONTRACTOR are also
needed in this As - Build Plans of the rear portion of the perimeter fence.
d. The CONTRACTOR must present a written certification that they hired a
licensed Civil Engineer to supervise the entire construction project and designated as the
Project in - charge Engineer. The CONTRACTOR had previously hired a licensed Civil Engineer.
He was introduced by the CONTRACTOR to the PROJECT OWNER as the project in - charge
engineer on the site while the construction of the rear portion of the perimeter is on - going.
During the first meeting with the hired representative engineer of the Project Owner last
October 8, 2014, The hired Engineer had promise to sign and seal the AS - BUILT PLANS for the
entire construction project and he verbally said the he will be the one to sign the occupancy
permit for this said CONSTRUCTION PROJECT to guarantee that he is capable and responsible
licensed engineer, and to guarantee that their workmanship are in accordance with the building
Code of the Philippines. Therefore the CONTRACTOR must submit a written certification to
certify that they hired Engineer and that he is a license Civil Engineer assigned as the Project In
- Charge Engineer for the entire construction project. A photo copy of PRC registration card,
Professional Tax Receipt (PTR) and Community Tax Certificate (CTe) of the Engineer must be
attached to these said documents. The service of the Engineer
is the sole account of and charge to the CONTRACTOR.
1.02. The As - Build Plans of the constructed rear portion of the perimeter Fence
shall be presented and submitted by the CONTRACTOR to the PROJECT OWNER, before the
signing of this construction contract. These mentioned documents are integral parts of this
construction contract to be attached herewith.
ARTICLE 2. SCOPE OF THE WORKS
2.01 The CONTRACTOR shall construct, build, and complete the entire
CONSTRUCTION PROJECT strictly in accordance with the revised plans and technical
specifications, herewith attached and made integral part hereof.
2.02 The CONTRACTOR, for and in consideration of the sum of money hereinafter named,
agrees to furnish all the revised Architectural Plans, Structural Plans, Plumbing Plans, Electrical
Plans, and Mechanical Plans of the entire CONSTRUCTION PROJECT, this includes the service of
Architect Jasper Navarra as the project Architect; the service of Engineer as the Project In-
Charge Engineer; the service of Civil-Structural Engineer who Structural Design the perimeter
fence (included the constructed rear portion of the perimeter fence); the service of Master
Plumber Nestor Pacquiao as the master plumber; the service of Engineer Ferdinand L. Rubia as
the Professional Electrical Engineer; and the service of
Engineer Danilo Y. del Corro as the Professional Mechanical Engineer; for the entire
CONSTRUCTION PROJECT; and also to furnish all manpower, materials, and complete the
CONSTRUCTION PROJECT, ready for use (except the works to be done by other parties as are
specifically excluded hereafter by agreement of the parties hereto) as shown on the revised
drawings and described in the technical specifications, instructions, and other related
documents as per approved by the PROJECT OWNER.
2.03 The CONTRACTOR must submit a written technical specification of the scope. of works
to be attached in this construction contract. The following scope of works are:
a.. As - build Plans of the constructed rear portion of the perimeter fence (NOTE: The Rear
Portion of the Perimeter Fence was constructed before the PROJECT OWNER hired their
representative Engineer and before this contract was made.) Please attached the necessary
documents as stated in article 1.
b.. Architectural Plans of the entire CONSTRUCTION PROJECT with technical
specification of Architect Jasper Navarra.
c. Structural Plans of the entire structure of the residential building, suspended
garden floor slab and the swimming pool with technical specification of Engineer Wallace D.
Lestano.
d. Structural Plans of the entire structure of the perimeter fence with the
technical specification of the hired Civil - Structural Engineer of the CONTRACTOR.
e. Plumbing Plans of the entire CONSTRUCTION PROJECT with the technical specification
of the hired Master Plumber of the CONTRACTOR.
f. Electrical Plans of the entire CONSTRUCTION PROJECT with the technical
specification of the hired Professional Electrical Engineer of the CONTRACTOR.
g. Mechanical Plans of the entire CONSTRUCTION PROJECT with the technical specification
of the hired Professional Mechanical Engineer of the CONTRACTOR.
h. Site Development Works / Site Clearing
i. Excavation Works for the entire CONSTRUCTION PROJECT
j. Backfilling Works for the entire CONSTRUCTION PROJECT
k. Gravel Bed Works for the entire CONSTRUCTION PROJECT
I. Reinforcement bar Works for the entire CONSTRUCTION PROJECT
m. Concreting Works of the for the entire CONSTRUCTION PROJECT
n. Form works for the for the entire CONSTRUCTION PROJECT
o. Masonry Works ( installation of CHB wall partition for the entire
CONSTRUCTION PROJECT with plastering works; and plastering for the entire CONSTRUCTION
PROJECT; the window & door opening must be plastered ready to install the window & door
Jamb)
p. Fabrication & installation of trusses and roof Framing Works (with rust protection and
ready to installed the roofing materials)
q. Plumbing Works with septic Tank, sump pit, Cistern Tank, Rain Water Tank, catch basin,
drainage lines and grease trap (ready to installed the plumbing fixture)
r. Electrical works with the electrical wires, Telephone & Intercom cable wire,
CCTV cable. (Ready to install the electrical fixtures)
s. Fire Protection Facilities rough - in works with electrical wire.
t. Mechanical rough - in works
u. Soil Poisoning for the entire CONSTRUCTION PROJECT
v. Water proofing in Balcony, Canopy, Swimming Pool, Toilet & Bath rooms.
(Ready to install the tiles)

ARTICLE 3. CONSTRUCTION BOND, TIME FRAME, COMPLETION, AND LIQUIDATED DAMAGES.


3.01 The CONTRACTOR shall furnish the PROJECT OWNER a CONSTRUCTION BOND, by
means of cash bond, surety or bank guarantee, in the amount of equivalent to ten percent
(10) of the total contract amount. This amount shall be held by the PROJECT OWNER until the
final acceptance and turn-over of the structure ofthe Residential Building with suspended
garden and with perimeter fence project by the CONTRACTOR TO THE PROJECT
OWNER.
3.02 Before proceeding the works in connection with the entire CONSTRUCTION PROJECT,
the CONTRACTOR shall provide Architectural Plans, Structural Plans, Plumbing Plans, Electrical
Plans, and Mechanical Plans; Program of Works; Scope of works; Materials &
Technical Specifications; itemized schedule of works breakdown; Schedule of works and a bar
chart / time table. The CONTRACTOR is obliged to follow such schedule of works.
3.03 The work stipulated in this CONTRACT shall be completed within two hundred ten (210)
calendar working days after the issuance of the "Notice to Proceed".
3.04 As Time is an essential element in the CONTRACT, the CONTRACTOR agrees to pay the
PROJECT OWNER equivalent to one percent (1) of the remaining unfinished portion of the
contract amount as LIQUIDATED DAMAGES for each and every calendar working days
of delay to be deducted from the any sum amount due to the CONTRACTOR if the latter fails to
complete the works within two hundred ten (210) calendar working days from the issuance of
the "Notice to Proceed".
3.05 The Time of completion of all the works shall be extended for such period as may be
absolutely necessary, should the works be delayed due to the fault of unfavourable weather
conditions, unusual shortage of materials, war, rebellion, epidemic, fires, riots, or acts of the
civil or military authorities. The CONTRACTOR shall submit a written report to the PROJECT
OWNER in case of any of the fault above mentioned with in the period of seven (7) days. For the
fault of unfavourable weather condition, this should be recorded in the
construction logbook on dated, and to be testified by the Project in- charge Engineer of the
CONTRACTOR and to be notified by the representative engineer of the PROJECT OWNER.
3.06 In the event the CONTRACTOR has attained an accomplishment of eighty percent (80)
of the total CONTRACT AMOUNT, the CONTRACTOR must submit the necessary documents such
as:
a. As - Build Plans in Architectural, Structural, Plumbing, Electrical, and Mechanical plans
of the entire CONSTRUCTION PROJECT.
b. The Occupancy Permit Form; and the Construction Activity Logbook that must have
the signature & seal of the CEO of the CONTRACTOR together with the project in - charge in
each specific scope of works. Those aforementioned documents must be submitted by the
CONTRACTOR to the PROJECT OWNER together with their Accomplishment report of eighty
percent (80) work done. No payments will be released if the CONTRACTOR fails to submit these
mentioned
documents. But for The AS BUILD PLANS of the constructed rear portion of the perimeter fence,
they must be submitted by the CONTRACTOR to the PROJECT OWNER as stated above in article
1.02;

3.07 The As - Build Plans of the entire CONSTRUCTION PROJECT shall be shouldered by the
CONTRACTOR and to be guaranteed by each specific professional who will sign and seal in
these As Build Plans. The following professional that was hired by the CONTRACTOR are:
a. Architect Jasper Navarra as the project Architect of the CONTRACTOR. He must sign &
seal the Architectural As - Build Plans of the entire CONSTRUCTION PROJECT.
b. The project in- charge Engineer of the CONTRACTOR must sign & seal the Structural
As - Build Plans of the entire CONSTRUCTION PROJECT.
c. Nestor G. Pacquiao as the Master Plumber of the CONTRACTOR. He must sign & seal
the Plumbing As - Build Plans of the entire CONSTRUCTION PROJECT.
d. Engineer Ferdinand L. Rubia as the Professional Electrical Engineer of the
CONTRACTOR. He must sign & seal the Electrical As - Build Plans of the entire CONSTRUCTION
PROJECT.
e. Engineer Danilo Y. del Cerro as the Professienal Mechanical Engineer of the
CONTRACTOR. He must sign & seal the Mechanical As - Build Plans of the entire
CONSTRUCTION PROJECT. All mentioned AS - BUILD PLANS of the entire CONSTRUCTION
PROJECT; must have the signature of Mr. Gabriel V. Sanchez as the CONTRACTOR (representative
CEO of Inspira Decera lncorporation]. The occupancy permit form & construction Logbook must
have the signature & seal of the CONRACTOR together with the assigned and hired Project In -
Charge
Engineer of the CONTRACTOR to prove that their materials and workmanship of the entire
CONSTRUCTION PROJECT are in accordance with the Building Cede
of the Philippines.
3.08 Engineer Lestane D. Wallace was the structural engineer who design the entire
structure of the revised residential building, suspended garden fleer slab and the swimming
peel only, He must affix his signature in the Structural plans and designs computation to prove
that he guarantees his structural design and technical specificatien in accordance with the
Building Cede of the Philippines.
3.09 Architect Jasper Navarra was the architect of the contractor who sign and seal the
presented perimeter fence plans. The plans had presented onlv the front side & left side
elevation plans. The right & rear elevation plans are net been presented en that said Plans. The
structural analysis design .of the perimeter fence was net been presented. The CONTRACTOR
must hired a Civil - Structural Engineer who actual designed the entire structure of the
perimeter fence. He must sign & seal these documents to prove that he guarantees his
structural designed and technical specification for this said structure in accordance with the
Building Cede .of the Philippines.
3.10 The project in - charge Engineer of the CONTRACTOR who sign the As - Build Plans of
the constructed rear portion of the perimeter fence. He must guarantee the structural design
for this said structure in accordance with
Building Cede of the Philippines.
3.11 The project in- charge Engineer of the CONTRACTOR and the CONTRACTOR must
guarantee the entire materials used and their workmanship of the entire CONSTRUCTION
PROJECT for twenty (20) years to prove that their materials used & workmanship for the entire
CONSTRUCTION PROJECT are in accordance with the building code of Philippines.

ARTICLE 4. EXECUTION AND MATERIALS TECHNICAL SPECIFICATION


4.01 The CONTRACTOR must submit the Materials and Technical Specification of scope of
works for the entire CONSTRUCTION PROJECT. Please use only one brand of cement for the
entire project.
4.02 The CONTRACTOR must not deviate from the plans, design, Materials &
Technical Specifications without a written approval of the PROJECT OWNER and the structural
engineer. There were two (2) Civil- Structural Engineer's materials & technical specification.
Engineer Wallace D. Lestano's service was the sole account of the PROJECT OWNER and he is
the one who designed the revised structure of the entire residential building, the suspended
garden floor slab and the swimming pool project. The service of the other Civil - Structural
Engineer who structural designed the entire structure of the perimeter fence project is the
sole account of the CONTRACTOR. The reason why there were two (2) Civil - Structural Engineer
are stated at article 1.
4.03 The CONTRACTOR shall submit a written certification from the supplier of the
structural reinforcement bars on what grade the 16 mm ~, 20 mm ~ and 25 mm ~ is.
4.04 A tensile test shall be done for 16 mm ~, 20 mm ~, 25 mm ~ to check their
tensile capacity. This test must be witnessed by the project engineer of the CONTRACTOR and
the representative engineer of the PROJECT OWNER. The tensile test shall be the sole account
of the PROJECT OWNER. The structural Engineer (Engineer Lestano D. Wallace) must be
informed about the tensile test results and have him certify that the reinforcement bars are
safe to use. Any recommendation from the structural engineer shall be strictly followed. The
reinforcement bars that were used in the constructed rear portion of the perimeter fence were
not been checked the tensile strength (please refer to article 1).
4.05 A compressive concrete Flexural Strength for every structure of the entire
CONSTRUCTION PROJECT shall be done and must be recorded in the construction activities
logbook (Please attach the written certification test result in the Logbook. These mentioned
documents shall be attached in every progress billing). A random test ofthe concrete sample will
be at the age of 10 days, 15 days and 28 days. In event the compressive test result of the
concrete sample will still fail at the age of 28 days, the structural engineer shall investigate the
finish concrete structure by using a SCHMIDT Hammer Rebound Test. Whatever the
recommendation of the structural engineer is, it shall be strictly followed. Only the constructed
rear portion of the perimeter fence had no random test of the concrete sample because it was
constructed before the PROJECT OWNER hired a representative Engineer and
before the contract agreement was made. An investigation for the finished concrete structure of
this constructed rear portion of the perimeter fence is a must. Using a SCHMIDT Hammer
Rebound Test are the best investigation.

ARTICLE 5. THE CONTRACT AMOUNT

The previous contract amount agreements were been changed or revised. The revised
contract amount agreements are:

5.01 The PROJECT OWNER agrees that for and in consideration of the faithful
performance by the CONTRACTOR of this Contract, they shall pay the CONTRACTOR, in the
manner provided herein after, the amount of fourteen million, five hundred eighty eight
thousand, eight hundred eighty eight pesos only (14,588,888.00) for the entire
CONSTRUCTION PROJECT (entire structure of the RESIDENTIAL BUILDING, Suspended
GARDEN floor slab, SWIMMING POOL and PERIMETER FENCE PROJECT); and referred in this
Contract as the CONTRACT AMOUNT. The constructed rear portion of the perimeter fence
are included in this contract amount as per agreement by both parties.
5.02 The CONTRACTOR must submit an itemized schedule of works breakdown in
accordance with the CONTRACT AMOUNT mentioned above. This document is essential
for it is the basis of the payment. This itemized schedule of works breakdown should be
mutually agreed upon by both parties prior to the signing of this said CONTRACT.

ARTICLE 6. PAYMENTS
6.01 The PROJECT OWNER shall advance to the CONTRACTOR, thirty percent (30%) of the
CONTRACT AMOUNT which is equivalent to four million, three hundred seventy six
thousand, six hundred sixty six pesos and forty centavos (4,376,666.40) only. This amount is
subjected for the deduction of the amount which the CONTRACTOR had received as cash
advances from the PROJECT OWNER. The total amount of CASH ADVANCES of the
CONTRACTOR are two million, nine hundred thirty eight thousand, five hundred fifty nine
pesos and twenty seven centavos {2,938,559.27}. The remaining amount to be released as
30 down payment will be in the amount of one million, four hundred thirty eight thousand,
one hundred seven pesos and thirteen centavos {1,438,107.13} only. This remaining
amount
<,
of the 30% down payment must be released after the CONTRACTOR gives the following
necessary documents to the PROJECT OWNER:
a. Contractor Bondi surety or bank guarantee.
b. As - Build Plans of the constructed rear partition of the perimeter fence with the
signature & seal of the Project In - Charge Engineer of the CONTRACTOR, and with
all documents mentioned in article 1.
c. All revised Architectural Plans of the entire CONSTRUCTION PROJECT
(residential building, suspended garden slab, swimming pool and perimeter fence
must have the signature & seal of Architect Jasper Navarra. He must also sign &
seal the building permit application and submit all the necessary documents for
the building permit application.
d. All revised Structural Plans, Structural Analysis and Design computation for of the
entire residential building, suspended garden slab & swimming pool project must
have the signature & seal of Engineer Lestano D. Wallace. He must also sign & seal
the building permit application and submit all the necessary documents for the
building permit application.
e. All revised Structural Plans, Structural Analysis and Design computation for the
entire perimeter fence, must have the signature & seal of the hired Civil - Structural
Engineer of the CONTRACTOR who design this said structure. He must also sign & seal
the building permit application and submit all the necessary documents for the
building permit application.
f. All revised Plumbing Plans of the entire Construction Project must have the.
signature & seal of a Master Plumber. He must also sign & seal the building
permit application and submit all the necessary documents for the building
permit application.
g. All revised Electrical plans of the entire Construction Project must have the
signature & seal of professional Electrical Engineer. He must also sign & seal the
building permit application and submit all the necessary documents for the building
permit application.
h. All revised Mechanical Plans of the entire Construction Project must have the
signature & seal of a professional Mechanical Engineer. He must also sign & seal the
building permit application and submit all the necessary documents for the building
permit application.
NOTE: All the mentioned plans (item c, d, e, f, g, & h) ofthe CONSTRUCTION PROJECT shall
bear the approval of the PROJECT OWNER and the authorized officers of subdivision (GENVI).
The Building permit forms must have the signature & seal of each professional who are
authorized to sign & seal in the plans on each scope of works. All the necessary documents to
complete the building permit application must be submitted to the OFFICE OF THE BUILDING
OFFICIAL of Cebu City by the CONTRACTOR.
i. The itemized schedule of works breakdown is essential for it is the basis of the payment.
This itemized schedule of works breakdown should be mutually agreed upon by both parties
prior to the signing of this said CONTRACT.
j. The CONTRACTOR must submit the Program of works / Scope of works,
Materials & Technical Specification, Schedule of works and a bar chart / Time table of the scope
of works as mentioned in article 2.02.
6.02 Progress payments on account of this CONTRACT shall be made by the
PROJECT OWNER to the CONTRACTOR proportionate to the percentage of accomplishment of
the BUILDING PROJECT to be determined by the representative engineer of the PROJECT
OWNER (Engr. Jessica Vasquez) using the basis of the itemized schedule of works breakdown
and with the approval of the PROJECT OWNER.
6.03 No payments shall be made unless the billing bears the recommending
approval of the representative engineer of the PROJECT OWNER and with the approval of the
PROJECT OWNER. The CONTRACTOR shall submit the Billing Accomplishment Report with its
attachment documents of the tensile test, compressive concrete test results and pouring
permit. No payments shall be done without the attachment documents.
6.04 NO pouring of Structure for the entire RESIDENTIAL BUILDING, Suspended
GARDEN floor slab, SWIMMING POOL and PERIMETER FENCE PROJECT is allowed without a
pouring permit from the representative engineer of the PROJECT OWNER. The CONTRACTOR
shall allow the representative engineer of the PROJECT OWNER to check and verify each
structure of the BUILDING PROJECT. The structural designer and the structural engineer shall
be notified about the pouring permit. Only the constructed rear portion of the perimeter fence
had no pouring permit because it was done before the PROJECT OWNER hired their
representative engineer and before this contract was made.
6.05 The Recoupment of the down payments of thirty percent (30) of the
CONTRACT AMOUNT are computed as equal to thirty percent (30) of the total accomplishments
of the CONTRACTOR.
6.06 if the CONTRACTOR had done at least thirty five percen~ of the
CONTRACT AMOUNT, they can have the first billing. This first billing shall be subjected for the
approval of the representative engineer and the PROJECT OWNER. This First Accomplishment
Billing Report shall be subjected for the deduction of 30% as the down payments recoupment
and a 10 as the retention. Forty percent (40) will be the total deduction for every
accomplishment billing report of the CONTRACTOR.
6.07 The acceptance of the work from time to time for making progress payments shall not
be considered as final acceptance of the work under this CONTRACT.
6.08 Retention of ten percent (10) of the CONTRACT AMOUNT shall be kept by the
PROJECT OWNER for one year for any damage in architectural works. The CONTRACTOR had
guarantee one year if any damage may occur within the period of one (1) year from the actual
acceptance of the works.
6.09 Final and full payments of the consideration herein above - mentioned shall be made
by the PROJECT OWNER to the CONTRACTOR upon fulfilling the conditions set forth in this
CONTRACT,

ARTICLE 7 MANPOWER, MATERIALS, AND EQUIPMENT COST ESTIMATE


7.01 Increase in the cost of manpower, materials and equipment due to government
action or to any other factor shall be for the sole account of, and charge to the CONTRACTOR.
7.02 Any damage in the cost of manpower, materials and equipment shall not affect the
CONTRACT AMOUNT agreed herein.
7.03 Any accident during on - going construction shall be the sole account of and charge
to the CONTRACTOR. The project in - charge of the CONTRACTOR shall be responsible for any
accident that may occur during the on - going construction as the direct supervisor of this said
project and as the responsible licensed Civil Engineer of the CONTRACTOR.

ARTICLE 8. THE CONTRACT DOCUMENTS


8.01 The CONTRACT AMOUNT for the entire CONSTRUCTION PROJECT shall include all
works contemplated by the revised plans and technical specifications which was presented by
the Architect of the CONTRACTOR (Architect Jasper Navarra) and with the approval of the
PROJECT OWNER and the authorized officer of GENVI subdivision. The technical specifications of
Engineer Lestano D. Wallace shall strictly be followed in the structural works of the residential
building, suspended Garden Floor Slab, and swimming pool projects. The technical specification
of the hired Civil - Structural Engineer of the CONTRACTOR shall strictly be followed in the
perimeter fence with steel fence & steel gate project. Only the constructed rear portion of the
perimeter fence cannot be check by the representative engineer of the PROJECT OWNER
because the constructed rear portion of the perimeter fence was done before the PROJECT
OWNER hired a representative Engineer and before this contract agreement was made. Prices
shall not be subjected to any change at any time between the commencements of the works
until the final acceptance of the PROJECT OWNER. No claims for extra amount shall be charged
to the PROJECT OWNER for negligence or inadvertence on the CONTRACTOR'S part in obtaining
information as to the prices and others relevant data.
8.02 The Following Documents shall constitute an integral part of this Contract
except otherwise modified by mutual agreement of both parties:
a. All revised Architectural Plans of the CONSTRUCTION PROJECT shall have the signature
& seal of Architect Jasper Navarra. He shall affix his signature & seal in all documents for
building permit application. The service of Architect Jasper Navarra is the sole account of, and
charge to the CONTRACTOR. The approval of the authorized officers of the subdivision (GENVI)
and the PROJECT OWNER are included in these documents.
b. All revised Structural Plans of the residential building, suspended garden floor slab, and
swimming pool project shall have the signature & seal of Engineer Lestano D. Wallace. He shall
affix his signature & seal in all documents for building permit application. The service of
Engineer Lestano D. Wallace is the sole account of, and charge to the PROJECT OWNER. The
approval of the authorized officers of the subdivision (GENVI) and the PROJECT OWNER are
included in these documents. But for the revised Structural Plans and the Structural As - Built
Plans are the sole account of the CONTRACTOR. The CONTRACTOR as the Project In - Charge
Engineer on site for the entire CONSTRUCTION PROJECT, he must affix his signature & seal the
As - Build Plans of the Structural of the entire structure of the CONSTRUCTION PROJECT, and
also he must sign & seal the occupancy permit application documents to prove that the entire
workmanship of the CONTRACTOR and all the materials used in the CONSTRUCTION PROJECT
are in accordance with the Building Code of the Philippines. The CONTRACTOR also must affix
his signature in the Structural As - Build Plans of the entire structure of the CONSTRUCTION
PROJECT and in the occupancy permit application documents.
c. All revised Structural Analysis Designed and the Structural Plans of the entire perimeter
fence shall have the signature & seal of a Civil - Structural Engineer of the CONTRACTOR. He
shall also affix his signature & seal in all documents for the building permit application. The
service of the hired Civil - Structural Engineer is the sole account of, and charge to the
CONTRACTOR. The approval of the authorized officers of the subdivision (GENVI) and the
PROJECT OWNER are included in these documents.
d. All revised Plumbing Plans of the entire CONSTRUCTION PROJECT shall have the
signature & seal of a Master Plumber, Nestor G. Pacquiao. He shall also affix his signature & seal
in all documents for the building permit application. The service of Nestor G. Pacquiao is the
sole account of, and charge to the CONTRACTOR. The approval of the authorized officers of the
subdivision (GENVI) and the PROJECT OWNER are included in these documents.
e. All revised Electrical plans of the entire CONSTRUCTION PROJECT shall have the
signature & seal of professional Electrical Engineer Ferdinand L Rubia. He shall affix his signature
& seal in the building permit forms. The service of Engineer Ferdinand L. Rubia is the sole
account of, and charge to the CONTRACTOR. The approval of the authorized officers of the
subdivision (GENVI) and the PROJECT OWNER are included in these documents.
f. All revised Mechanical Plans of the entire CONSTRUCTION PROJECT shall have the
signature & seal of a professional Mechanical Engineer Danilo V. del Corro. He shall affix his
signature & seal in the building permit forms. The service of Engineer Danilo V. del Corro is the
sole account of, and charge to the CONTRACTOR. The approval of the authorized officers of the
subdivision (GENVI) and the PROJECT OWNER are included in these documents.
g. The itemized schedule of works breakdown is essential for it is the basis of the
payment. This itemized schedule of works breakdown should be mutually agreed upon by both
parties prior to the signing of this said CONTRACT and the total amount will be the same with
the CONTRACT AMOUNT stated at article 5.0l.
h. Program of Works / Scope of Works, Materials & Technical Specification,
Schedule of Works, and Bar chart / Time Table shall be signed and sealed by the hire Project In -
Charge Engineer of the CONTRACTOR with the approval of the representative engineer of the
PROJECT OWNER.
i. Architectural As - Built Plans of the entire CONSTRUCTION PROJECT and the necessary
documents of the occupancy permit application shall have the signature & seal of Architect
Jasper Navarra as the representative Architect of the CONTRACTOR. The service of Architect
Jasper Navarra is the sole account of, and charge to the CONTRACTOR.
j. Structural As - Built Plans of the entire CONSTRUCTION PROJECT and the necessary
documents of the occupancy permit application shall have the signature & seal of the Project in
- Charge Engineer of the CONTRACTOR with the signature of MR. GABRIEL V. SANCHEZ as the
CONTRACTOR (CEO -101 of INSPIRA DECORA INCORPORATED). The service of the Engineer is the
sole account of, and charge to the CONTRACTOR.
k. Plumbing As - Built Plans of the entire CONSTRUCTION PROJECT and the necessary
documents of the occupancy permit application shall have the signature & seal of a Master
Plumber. The service of Master Plumber is the sole account of, and charge to the CONTRACTOR.
I. Electrical As - Built Plans of the entire CONSTRUCTION PROJECT and the necessary
documents of the occupancy permit application shall have the signature & seal of a Professional
Electrical Engineer. The service of Professional Electrical Engineer is the sole account of, and
charge to the CONTRACTOR.
m. Mechanical As - Built Plans of the entire CONSTRUCTION PROJECT and the necessary
documents of the occupancy permit application shall have the signature & seal of a Professional
Mechanical Engineer. The service of Professional Mechanical Engineer is the sole account of,
and charge to the CONTRACTOR.
n. Construction Activities Logbook shall have the signature & seal of the hired license
Civil Engineer assigned as the Project in - charge Engineer of the CONTRACTOR and with the
signature of the CONTRACTOR (MR. GABRIEL V.
SANCHEZ as the CEO - 101 of INSPIRA DECORA INCORPORATED). All As - Build plans of the
CONSTRUCTION PROJECT are the sole account of, and charge to the CONTRACTOR.

ARTICLE 9 WARRANTIES

9.01 The CONTRACTOR, INSPIRA DECORA INC. represented by MR. GABRIEL V. SANCHEZ
hereby guarantee the works stipulated in this CONTRACT, and shall make good any defect in
materials and workmanship which in itself evident within one (1) year after the Final
Acceptance of the works without prejudice to the provision of Article 1723 of the Civil Code of
the Philippines. The CONTRACTOR shall leave the work in order upon completion and present
the final seal certificate to the PROJECT OWNER promptly.

9.02 In addition, the CONTRACTOR, INSPIRA DECORA INC. represented by MR. GABRIEL V.
SANCHEZ together with his hired license Civil Engineer assigned as the project in - charge
engineer, hereby guarantee the entire structure of the CONSTRUCTION PROJECT (RESIDENTIAL
BUILDING, suspended garden floor slab, swimming pool & perimeter fence with steel fence and
steel gate PROJECT) for twenty (20) years after the Final Acceptance of the works in term of the
materials used and their workmanship in accordance with the Building Code of the Philippines.

ARTICLE 10 LIABILITIES IN CASE OF ACCIDENTS

10.01 The CONTRACTOR shall be responsible for the safety and welfare of all the
construction workers.
10.02 In case of accidents and other similarly incidents, the PROJECT OWNER and the
representative engineer of the PROJECT OWNER are relieved from any responsibility.
10.03 The CONTRACTOR (Mr. Gabriel V. Sanchez), and the project in - charge engineer of
the CONTRACTOR are responsible and accountable for any accidents.
10.04 This is the special conditions agreement between the CONTRACTOR and the
PROJECT OWNER; the CONTRACTOR is the only sole responsible for the safety and accident of
the construction workers and any other person who are within the premises of the project site.

ARTICLE 11 THE PROJECT OWNER'S RIGHT TO TERMINATE THE CONTRACT

11.01 If the CONTRACTOR shall neglect or fail to perform any of his contractual, legal and
moral obligations, the PROJECT OWNER shall give a written notice and demand to the
CONTRACTOR to perform the works. Should the CONTRACTOR fail to do so within SEVEN (7)
working days from the receipt of the written notice and demand, the PROJECT OWNER shall
enter the premises of the BUILDING PROJECT and use or authorize another contactor to
complete the said BUILDING PROJECT, without prejudice to the liability of the CONTRACTOR
which is full price of the total amount he has received from the PROJECT OWNER since the start
of the STRUCTURAL BUILDING with suspended garden & perimeter fence PROJECT.
11.02 The entire Construction Bond and the Retention Amount shall be released in favour
of the PROJECT OWNER.
11.03 In the event the CONTRACTOR refuses to receive said written notice and demand
and/or absconds and could not be located elsewhere after deliberate search, the PROJECT
OWNER can consider such acts by the CONTRACTOR as an implied abandonment by the
CONTRACTOR of the CONSTRUCTION PROJECT. In view of such development, the PROJECT
OWNER can authorize another contractor to complete the said CONSTRUCTION PROJECT,
without prejudice to the liability of the CONTRACTOR which is full price of the total amount he
has received from the PROJECT OWNER since the start of the CONSTRUCTION PROJECT.

The parties involved in this CONTRACT hereby agree to faithfully perform the
covenants contained herein.

In witness whereof, we hereby affix our respective signature below this


______day of _______, 2015 at Cebu City, Cebu Central Visayas, Philippines.
DOCTOR GERARD SMITH GARCIA MR. GABRIEL V. SANCHEZ
PROJECT OWNER CEO—IDI
INPIRA DECORAINC.
CONTRACTOR

Signed in the presence of

Engineer Jessica F. Vasquez Engineer


Representative Engineer of the Project Owner Project in-Charge Engineer / Site Engineer
Hired by the Project Owner Hired by the Contractor
Registered/License Civil Engineer Registered/License Civil Engineer
PRC registered No. : 0047455 PRC registered No. :
Date registered: October 08, 1986 Date registered:
Cebu City Philippines
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) S.S

ACKNOWLEDGMENT

Before me this _ day of ________________-' 2015 in Cebu City, personally appeared


the following persons:

Doctor Gerard Smith Garcia with Community Tax Certificate No. ______________
issued on __________________in Cebu City, Philippines, and

Mr. Gabriel V. Sanchez with Community Tax Certificate No. _______________issued


,
on __________________in Philippines.

Known to me to be the same person who executed the foregoing CONSTRUCTION


CONTRACT consisting of twelve (12) pages, including this page, and they acknowledged to me
that the same is their free act and deed.

This instrument is a CONSTRUCTION CONTRACT consisting of fifteen (15) pages


including this page; and signed by Doctor Gerard S. Garcia and Mr. Gabriel V. Sanchez; and
their witnesses at the left hand margin of pages 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; and
at the bottom portion of page 14.

WITNESS MY HAND AND SEAL.

Doc No. _________


Page No. ________ NOTARY PUBLIC
Book No.________
Series of 2015