Вы находитесь на странице: 1из 4

DEFINITIONS AND DOCUMENTS  LAWS AND REGULATION – the contractor shall

comply with all laws and regulations of firms


FORCE MAJEUR – Any event beyond the reasonable
furnishing utilities.
control of the Owner or the contractor.
 Site condition
ADVERTISIMENT or INVITATION TO BID – Refers to the
SECTION III
notice published by the owner or the invitation issued to
EQUIPMENTS AND MATERIALS
prospective bidders.
Materials and equipment must conform to all Laws. The
AGREEMENT – Is the term used to describe the Contractor shall bear all damages by reason of any delay
agreement signed by the owner and the contractor. in the Work and his failure to comply with this provision.

BID – Is the tender, proposal, or quotation, or offer of a EQUIPMENT SUBSTITUTION


bidder to perform the work described in the contract. The Contractor shall furnish the complete list of
proposed substitutions preferably prior to the signing of
BID BOND – Refers to any acceptable form of bond the Contract. No substitute equipment shall be used
accompanying the Bid submitted by the bidder as a unless approved in writing by the Owner
guarantee that the bidder will enter into the contract
with owner for the construction of work. QUALITY OF MATERIALS
All materials shall be new and their quality shall be of the
BID DOCUMENTS – Refer to all documents provided or best grade of their respective kinds taking into account
made available to prospective bidders which include the the nature of the project and requirements of the
invitation to bid. Contract.

BID BULLETIN – Is a document containing additional STORAGE AND STOCKPILING OF MATERIAL


information on Bid documents issued to bidders before The Owner shall provide the Contractor near the project
date of bidding. site, sufficient space for the Contractor’s use for storage
of their materials and for erection of their sheds and tool
CONTRACT DOCUMENTS – These generally include the
houses.
following documents:
SECTION IV
a. Special Provisions or Conditions
PREMISES AND TEMPORARY STRUCTURES
b. General Conditions
c. Specifications SAFEGUARD FOR STRUCTURE
d. Drawings The Contractor shall not permit any work that will
e. Other Bid documents endanger its safety. The Contractor shall enforce the
Owner’s safety instructions regarding signs, fires and
PAYMENT BOND – is the approved form of security
smoking.
furnished by the contractor and his surety as a
guarantee of good faith on the part of the contractor to TEMPORARY OFFICE AND CONTRACTOR’S BUILDING
faithfully comply with the Contract. The Contractor shall taking into account that provide an
adequate weather tight temporary office with necessary
PERFORMANCE BOND - Is the approved form of security
basic facilities such as water, light, and telephone.
furnished by the contractor and his surety as a
guarantee of good faith on the part of the contractor to TEMPORARY HOUSING FOR WORKERS
execute the work in accordance with the contract. The temporary buildings for housing or the erection of
tents or other forms of protection will be permitted only
SURETY – Is the person, firm, corporation which issues
at such places as the Owner shall designate.
the bond required of the contractor

LAWS AND SITE CONDITIONS


TEMPORARY SIGNS information relative to the progress and execution of the
No signs or advertisements will be allowed to be Work.
displayed without the Owner’s approval. The Contractor ARTICLE 22.09: ACCEPTANCE AND FINAL PAYMENT
may erect one painted sign, giving the names and Whenever the Contractor notifies the Owner that the
addresses of the Owner, the Contractor. Work under the Contract has been completely performed
by the Contractor, the Owner shall proceed to verify the
CONTRACTOR'S RESPONSIBILITY work, shall make the final estimates, certify to the
The Contractor shall protect Any neighboring property completion of the work, and accept the same.
or building as provided by Law and the Contract. The SECTION 7 - CONTRACTOR-SEPARATE CONTRACTORS-
contractor shall be liable for and pay for all damages. SUBCONTRUCTORS RELATION
SECTION VI: LABOR, WOR AND PAYMENT ART. 23: SEPARATE CONTRACTS WITH OTHER
CONTRACTORS
LABOR
ARTICLE 19.01: CHARACTER OF WORKMEN o 23.01 - The Owner may perform work outside of
The Contractor shall employ only competent and duly the Contractor's scope of work or award separate
qualified professionals, technical personnel, foremen, contracts to other contractors.
ART. 24: CONTRACTOR-SEPARATE CONTRACTORS
mechanics and workers to supervise or execute the Work.
RELATIONS
WORK o 24.01 - STORAGE OF MATERIALS AND WORK
ARTICLE 20.01: METHODS AND APPLIANCES COORDINATION
The Contractor shall use such methods and appliances for o 24.02 CUTTING, PATCHING AND DIGGING:
the performance of the Work as will ensure the -The Contractor shall not endanger any work by
completion of the Work of the required quality within the cutting, digging or otherwise and shall not cut or alter the
Completion Time. work of any other contractor save with the consent of the
ARTICLE 20.03: DEFFECTIVE WORKS Owner.
Work that fails to comply with the Contract is defective.
SECTION 8 - SUSPENSION OF WORK AND TERMINATION
Defective work shall be condemned by the Owner upon
OF CONTRACT
discovery, and when such work has been condemned it
shall be immediately removed by the Contractor and ART. 27: OWNER'S RIGHT TO SUSPEND THE WORK
replaced in accordance with the Drawings and
Specifications. o SUSPENSION WITHOUT CAUSE:
PAYMENTS - The Owner may, at any time and without cause,
ARTICLE 22.01: BREAKDOWN OF CONTRACT AMOUNT suspend the work or any portion thereof for a period of
Except in cases where unit prices form the basis for not more than the aggregate period of fifteen (15) days
payment under the Contract, the Contractor shall, within by notice in writing to the Contractor and shall fix the date
fifteen (15) days from the receipt of Notice to Proceed, or on which work shall be resumed
from commencement of the Work submit a Breakdown ART. 28: OWNER'S RIGHT TO TERMINATE CONTRACT
of Work and Corresponding Value of the Contract
Amount showing the value assigned to each part of the o TERMINATION WITH CAUSE.
work. Upon the occurrence of any of the following events:
ARTICLE 22.02: REQUEST FOR PAYMENT
 If Contractor is adjudged bankrupt or insolvent;
The Contractor may submit periodically but not more
 If Contractor makes a general assignment of his
than once each month a Request for Payment for work assets for the benefit of his creditors;
done. The Contractor shall furnish the Owner all  If the Contractor files a petition for suspension of
reasonable facilities required for obtaining the necessary payments, or to reorganize under the bankruptcy
or similar laws.
SECTION 1. - Pure and Conditional Obligations
Art. 1179. Every obligation whose performance does
SECTION IX “RESPONSIBILITIES AND LIABILITIES OF
not depend upon a future or uncertain event, or upon
CONTRACTOR AND OF OWNER”
a past event unknown to the parties, is demandable
ART. 30: CONTRACTOR'S RESPONSIBILITY FOR ACCIDENTS at once.
AND DAMAGES SECTION 2. - Obligations with a Period
 30.01 SAFEGUARDS TO BE UNDERTAKEN BY Art. 1193. Obligations for whose fulfillment a day
CONTRACTOR: certain has been fixed, shall be demandable only
when that day comes.
The Contractor shall take all necessary precautions
for the safety of employees and workmen on the work,
CONTRACTS
and comply with all Laws to prevent injury to persons on,
about or adjacent to the premises where the Work is
being performed. Art. 1305. A contract is a meeting of minds between
two persons whereby one binds himself, with respect
 30.02 OWNER NOT TO BE RESPONSIBLE: to the other, to give something or to render some
The Contractor shall render the Owner free and service.
harmless for the death of, the disease contracted or injury Art. 1306. The contracting parties may establish such
received by the Contractor or any of his employees or stipulations, clauses, terms and conditions as they
laborers, for any damage done by or to Contractor's plant may deem convenient, provided they are not
or materials from any source or cause; and for damages contrary to law, morals, good customs, public order,
caused by the Contractor or his employees to any
or public policy.
property of the Owner and adjoining property.
Art. 1311. Contracts take effect only between the
ART. 31: CONTRACTOR'S INSURANCE AND BONDS parties, their assigns and heirs, except in case where
the rights and obligations arising from the contract
• 31.02 ACCIDENT INSURANCE FOR WORKERS:
are not transmissible by their nature, or by stipulation
The Contractor shall, in addition to compulsory or by provision of law. The heir is not liable beyond
coverage of workers under the workmen's compensation the value of the property he received from the
law, obtain insurance coverage for accidental death or decedent.
injury of his officers, employees and laborers without
regard to their tenure of employment as permanent or
regular workers, project workers or casual employees
performing work at the project site in an amount of not
less than P100,000.00 per officer, employee or laborer.

.
NEW CIVIL CODE: OBLIGATIONS AND CONTRACTS
• OBLIGATIONS
• Art. 1157. Obligations arise from:
• (1) Law;
• (2) Contracts;
• (3) Quasi-contracts;
• (4) Acts or omissions punished by law; and
• (5) Quasi-delicts.

DIFFERENT KINDS OF OBLIGATIONS

Вам также может понравиться