United Architects of the Philippines

General Conditions

A Summary

October 7, 2022
United Architects of the Philippines General Conditions October 4, 2022

The General Conditions herein defines the relationship between the Owner, Architects,
and the Contractor in performing the work. The given provisions are implemented to maintain
a high standard of professionalism in the execution of the construction, also to engage the
proper responsibilities that would be fair for all parties including payments and contract
documents. The General Conditions are based on the standard practice in the construction
industry, whereby the Architect provides his expertise as the primary professional hired by the
Owner to design and manage a project that will be carried out by a General Contractor.

SECTION I
DEFINITIONS AND DOCUMENTS

ARTICLE 1: DEFINITIONS
It is necessary to know and understand first the definition of terms to be used in the
contracts and construction process to prevent misconceptions and disagreement.
1. Contract Document – consists of the following documents: Agreement, General
Conditions, Special Provisions, Specification, and Drawings.
2. Owner – Person or user ordering the project.
3. Architect – Commissioned by the Owner, acting on his behalf.
4. Engineer – Named in contract documents
5. Project Representative – Full-time Construction Inspector hired by the Owner
6. Contractor – The one whose proposal has been accepted and the contract is awarded.
7. Sub-contractor – Have a direct contract with the Contractor.
8. Surety – Provides the guarantee for the Contractor’s bonds.
9. Proposal Bond – Cashier’s check or surety bond accompanying the proposal submitted.
10. Performance Bond – A guarantee to execute the work.
11. Payment Bond – A guarantee to pay all obligations.
12. Guaranteed Bond –A guarantee to the quality of the materials and equipment installed.
13. Agreement – A contract between the Owner and the Contractor undertaking the project.
14. Advertisement or Invitation to Bid – Notice made by the Owner to potential bidders
outlining the details of the planned project.
15. Bid Bulletin – Issued to bidders before the date of bidding.
16. Drawings – Graphical presentations of the project.
17. Special Provisions – Instructions issued prior to the bidding to supplement or modify
contract documents.
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18. Specification – Description of the qualities of materials and mode of construction.

19. Schedule of Materials and Finishes – Enumerates the type and trade names of materials.
20. Breakdown of Work and Corresponding Value – List of distinct parts of the work.
21. Act of God or Force of Majeure – Cataclysmic phenomena of nature and all misfortunes
and accidents, excluding rain, wind, flood, or equivalent.
22. Time Limits – Duration of time allowed for the completion of the project.
23. Local Laws – All laws applicable to the project.
24. Work – Includes labor, materials, equipment, transportation, or other facilities.
25. Furnish – Purchase, fabricate and deliver to the site
26. Install – Build in, mount, connect or apply.
27. Provide – Furnish and Install.
ARTICLE 2: EXECUTION, CORRELATION, AND INTENT OF DOCUMENTS
The documents herein include all necessary labor, materials, equipment, and
transportation for the proper execution of the work. These documents shall have a quintuplicate
signature of the Owner and the Contractor. All work shall conform to the contract documents
but if there is variance, Specification shall control. Any of these discrepancies shall be
immediately reported to the Architect or the Engineer. It is the Owner’s responsibility for the
adequacy of the design, Drawings, and Specification which are supplied through the Architect
or Engineer. The Architect or Engineer has a duty to furnish all additional Drawings and
instructions that are considered equal to original Specification, in accordance with the prepared
schedule. At the site, the Contractor shall keep one copy of each document and all instructions
obtainable to the Architect. Such documents, copy or original, shall be returned to the Architect
after the completion of the work, before final payment is made, since it is the sole property of
the Architect.
ARTICLE 3: DRAWINGS AND SPECIFICATION
The Contractor shall be liable for all damage incurred if the work is delayed because of
the Contractor's violation of the provisions of this Section. These Drawings/models shall
coordinate with the Specification that are carefully examined by the Contractor to be certain
and give them due effect given by the Architect. If there are discrepancies in the Drawings and
Specification, inform the Architect immediately for him to decide the adjustments and changes
which are governed and followed by the Contractor.
ARTICLE 4: DETAIL DRAWINGS AND INSTRUCTIONS
Additional detailed Drawings and instructions necessary for proper interpretation and
execution of the project shall furnish by the Architect with promptness and shall be consistent
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with the contract documents. Both the Contractor and Architect shall collectively prepare a
schedule. Note that the Contractor shall not execute the work without the proper Drawings and
instructions.
ARTICLE 5: SHOP DRAWINGS
Two copies of all shop or setting Drawings and the schedule shall be prepared by the
Contractor promptly at his own expense and pass it to the Architect to make corrections. When
the Architect requires adjustments, the Contractor shall provide two corrected copies. Further,
the Contractor is required to check all the Drawings of the Sub-contractors to assure accuracy.
The shop drawing shall be dated and contain the name of the project; the descriptive names of
the equipment, materials, and item numbers; and the location where it is to be installed; which
are numbered consecutively and represent all working and erection dimensions, arrangements
and sectional view, necessary details, and kind of materials and finishes. These are
accompanied by a letter of transmittal in duplicate containing pertinent data. The Architect,
who is responsible for the accuracy, shall receive three sets of shop Drawings submitted by the
Contractor.

SECTION II
LAWS, REGULATIONS, SITE CONDITIONS, PERMITS, AND TAXES

ARTICLE 6: LAWS, REGULATIONS, AND SITE CONDITIONS

The Contractor shall comply with all the applicable laws, also with regulations given
by the firms furnishing utilities. If the Contractor failed to do so, he shall bear all the resulting
costs from such negligence. As regards site conditions, prior to bidding, the Contractor is
expected to visit the site and made his own estimates.
ARTICLE 7: PERMITS, TAXES, AND SURVEYS
All construction permits and licenses should be secured. The cost of such permits and
licenses may, however, be reimbursed by the Owner to the Contractor. The Contractor is not
responsible for the non-issuance or the delay of the said permit. Wherever the law of the place
of building requires a sale, the Contractor shall pay such tax. The Owner shall be responsible
for the establishment of boundary lines by a certified surveyor, or by the Contractor if the
Owner pays for the cost of the services. The Contractor shall verify all grades, lines, levels,
and dimensions, then provide well-built batter boards to layout it on the exact locations as
guided. When a licensed surveyor is required, he must promptly verify and certify the lines and
levels at work as the Contractor furnish certifications from the licensed surveyor. The final
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certification shall be submitted upon completion of the work before final payment, as required
by the Architect.

SECTION III
EQUIPMENT AND MATERIALS

ARTICLE 8: GENERAL
All materials and equipment must conform to all laws, ordinances, regulations, and
building codes, including revisions or adjustments, and the Contractor shall obtain the
necessary permits and pay the required fees. If the work is delayed due to the Contractor's
failure to adhere to the terms of this section, he is responsible for all damages.
ARTICLE 9: EQUIPMENT
The Architect and the Engineer shall refer to certain equipment by name and catalog
number. Before the Contract is signed, the Contractor must provide a complete list of all
suggested substitutes. This list must be provided in writing. The Contractor shall furnish three
copies of the complete compilation of catalog data for every manufactured item of equipment
and all components to be used in the work, approved by the Architect and Engineer before the
equipment is ordered.
ARTICLE 10: MATERIALS, FIXTURES, APPLIANCES, AND FITTINGS
FURNISHED BY THE CONTRACTOR
The Architect must be given a list of the proposed manufacturers, material men, and dealers.
All transactions with manufacturers are all through the Contractor, including the imported
materials. The manufacturer to be approved shall have a good reputation and the materials to
be furnished shall be properly coded in accordance with the given standards, all new, and of
the best grade.
For the sample of materials, three labeled samples shall be submitted and are adequate
in size together with three copies of the letter of transmittal. Materials shall not be ordered until
the written approval of the Architect is provided. If a substitution is needed it shall have written
approval from the Architect. However, no extension of time or substitution of materials shall
be allowed due to the negligence of the Contractor. The Contractor must provide the Architect
with as many samples of the materials to test. The Contractor shall bear the cost for shipment,
handling, and testing of samples.
A suitable space for storage shall be provided by the Contractor, and platforms and
weather protection are required especially for materials affected by moisture.
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All materials not conforming to the requirements of these Specification shall be

considered defective. The Architect shall have the authority to remove and replace defective
materials and to deduct the cost of removal and replacement from any money due or to become
due to the Contractor.
ARTICLE 11: MATERIALS, EQUIPMENT, FIXTURES, APPLIANCES, AND
FITTINGS FURNISHED BY THE OWNER
Materials, equipment, fixtures, appliances, and fittings specifically indicated shall be
furnished by the Owner and if the Contractor discovers any defect in the material furnished by
the Owner, he shall notify the Architect. The Contractor shall be responsible for the material
loss or damage after receipt of any material unless it is accepted by the Owner.
ARTICLE 12: ROYALTIES AND PATENTS
All royalties and license fees on all patented products and services supplied by the
Contractor are to be paid by him.
ARTICLE 13: MANUFACTURER’S DIRECTIONS
All manufactured furnishings need to be installed and maintained in accordance with
the written instructions provided by the manufacturer. The Contractor shall submit copies of
the manufacturer’s directions to the Architect.

SECTION IV
PREMISES AND TEMPORARY STRUCTURES

ARTICLE 14: USE OF PREMISES

The Contractor must keep all his equipment, material storage, and laborer operations
within the bounds set by the law or the Architect's instructions. The Contractor has a duty to
safeguard any part of the structure and enforce the Architect’s instructions regarding signages,
advertisements, fires, and smoking.
ARTICLE 15: TEMPORARY STRUCTURES AND FACILITIES
The following temporary structures and facilities shall be provided and maintained by
the Contractor according to the instructions of the Owner and Architect; and are removed and
cleaned by the Contractor from the premises after completing the work before the acceptance
of the Owner to the work.
1. Temporary Office and Contractor’s Building – A suitable temporary office that is
weatherproof and has access to water, light, telephone, and restrooms for the use of the
architect, local engineers, inspectors, contractors, and subcontractors. It shall be provided
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with a wooden floor raised above the ground, windows, doors and locks, tables, closets,
blackboard, tack board, benches, and racks for Drawings. Approximately 12 square meters
of room shall be provided for the Architect’s use.
2. Temporary Housing for Workers – The location of temporary housing shall be permitted
and designated by the Owner and Architect. Nobody is permitted to sleep or prepare food
inside the premises.
3. Temporary Sanitary Facilities and First Aid Station – Ample sanitary toilets and other
conveniences with water connections for the use of personnel and laborers on the work.
4. Temporary Barricades and Guard Lights – It is necessary for the protection, proper
prosecution, and completion of work.
5. Temporary Water, Power, And Telephone Facilities – The Contractor shall make all
necessary arrangements, and pay them, to the local utility companies in the provision of
such facilities.
6. Temporary Signs – No signs or advertisements will be allowed to be displayed without the
Architect’s approval.
7. Temporary Roadways – These shall be within and adjacent to the site to provide access to
the building.
8. Temporary Stairs, Ladders, Ramps, Runways – All such apparatus, equipment, and
construction shall meet all requirements of Labor Law and other local laws applicable.
9. Temporary Elevators and Hoists – No hoists shall be constructed at such locations as will
interfere with or affect the construction.
10. Temporary Enclosures – All exterior doors shall be equipped with self-closing hardware
and padlocks, and temporary sash frames.
11. Temporary Or Trial Usage - The Owner has the privilege of such temporary or trial usage.

SECTION V
PROTECTION OF WORK AND PROPERTY

ARTICLE 16: PROTECTION OF WORK AND OWNER’S PROPERTY

Safeguard measures shall be ensured at the job site. The Contractor shall put up and
continuously maintain adequate protection of all his work from damage and shall protect the
Owner’s property. The Contractor shall provide reliable and competent guards to guard the site
and premises, provide locks on all doorways, and maintain barrels of water, fire buckets, and

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fire extinguishers for fire protection thus, smoking is prohibited too. Further, old materials shall
be carefully piled to minimize hazard areas.
As for existing trees and plants, they shall be boxed to protect them from damage. There
shall be approval from the Owner or the Architect if cutting and removing trees and plants are
needed and are replaced by the Contractor at his own expense. Those trees that need to be
transplanted within 50 meters of the building lines shall be done by the Contractor. Providing
natural or artificial drainage is necessary too, especially when the work obstructs the natural
flow of any bodies of water.
ARTICLE 17: PROTECTION OF ADJACENT PROPERTY AND EXISTING
UTILITIES
It is the Contractor’s sole responsibility to protect adjacent property and existing
utilities as provided by law and the Contract Documents. If damage happened because of his
negligence, he shall be liable and bear all the cost of his doing.
ARTICLE 18: PROTECTION OF LIFE, WORK, AND PROPERTY DURING AN
EMERGENCY
In case of an emergency affecting the safety of life, work, or the adjacent property, the
Contractor is authorized and permitted to act, even without instructions from the Architect, to
prevent loss or injury. Any compensation claimed by the Contractor on account of emergency
work shall be determined by the agreement of arbitration.

SECTION VI
LABOR, WORK, AND PAYMENTS

ARTICLE 19: LABOR

Only competent and efficient Engineers, superintendents, foremen, mechanics,
laborers, or artisans shall be employed by the Contractor. The Contractor shall have at the
project site a qualified Project Engineer or Superintendent as well as any necessary assistants,
all to the Architect's satisfaction. The Project Engineer or Superintendent shall represent the
Contractor in his absence and shall have full authority to execute the orders or directions of the
Architect without delay. The supervisor must be a licensed Engineer or Architect who will
work personally and inspect at least once a week.
ARTICLE 20: WORK
The Contractor shall undertake all activities related to the work covered by the Contract
using methods and tools that will result in satisfactory work and a reasonable pace of
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completion. The Owner, Architect, and representative shall have access to and inspect the work
site while the Contractor provides proper facilities for the said activity. In case of defective
work, it may be condemned by the Architect at any time before the final acceptance of the
work. Whenever there is an increase or decrease in quantities in the work, it shall not exceed
5% of the discrepancy.
The Owner may at any time order extra work or make changes in writing yet, it shall
be validated in the contract and with notice of sureties. If there is a change in sub-surface
conditions, the Architect shall be called immediately. With the adjustment of the contract
document, the Contractor shall modify it in writing and furnish a proportionate additional
performance bond. The value of extra work or change shall be determined in any one of the
following: by estimate and acceptance in a lump sum, by unit prices stipulated in the Contract
which do not exceed 25% of the original contract, or by actual direct cost plus 15% for
Contractor’s profit, overhead, and tax. Any claim for adjustment must be asserted within 15
days of the date the change is ordered unless the Architect requires an extension. Also, the
Architect has the authority to make minor changes to the work which does not involve extra
cost and is consistent with the design. Moreover, the Owner reserves the right to have such
extra work done by any other person, firm, or corporation. If the Contractor claims for an extra
cost, he shall give the Architect written notice within fifteen days after the receipt of such
instruction, except in an emergency.
At the completion of work, the Contractor has responsibility for cleaning up and
keeping the premises free from waste materials or rubbish. The Owner has the right to take
possession of any completed portions of the work. Neither shall it be deemed a waiver by the
Owner of the rights to claim for damages due to delays in the completion of the work. Upon
due notice from the Contractor that he has completed the work, the Architect shall inspect the
project. Substantial completion shall mean that the value of the work completed shall not be
less than 98% of the contract amount. The Architect shall issue a Certificate of Completion
with respect to the work and to any substantial part of the work which has been completed to
the satisfaction of the Architect and occupied by the Owner.
After the issuance of the Certificate of Completion, or within 15 days after its
expiration, a Period of Making Good of Known Defects or Faults is executed by the Contractor
at his own expense in a period of not more than sixty calendar days. In this period, the
Contractor shall search for the cause of any defect, unless such fault is not liable under the
Contract. The Owner shall provide written notice to the Contractor to carry out such work.

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ARTICLE 21: TIME OF COMPLETION OF WORK

Following the execution of the Contract Agreement by the Owner, a written Notice to
Proceed with the work shall be given to the Contractor. The work shall be completed in the
time stated in the contract. Computation of Contract Time shall commence on the seventh day
from receipt of the Notice to Proceed. The Contractor shall submit the Schedule of Construction
Work in Critical Path Method form for approval. Extension of time will be allowed based on
the following conditions - by the act, neglect, delay, or default of the Owner or any other
Contractor employed by the Owner on the work; by strikes or lockouts; by an Act of God or
Force Majeure by delay authorized by the Architect pending arbitration. If any of this takes
place, the Contractor shall within 15 days from the occurrence of such delay file the necessary
request for extension. No such extension of time shall be granted for any alleged failure of the
Owner. The Written Consent of The Bondsmen must be attached to any request of the
Contractor for an extension of time and submitted to the Owner for consideration. If no
schedule or agreement is stated, then no claim for delay shall be allowed until two weeks after
the demand for such Drawings and unless such a claim is reasonable. If the work is interrupted
or suspended, it must be promptly resumed. The Contractor shall give written notice to the
Architect at least 10 days prior to beginning, suspending, and resuming the work. If there are
liquidated damages, the Contractor shall pay the Owner in the amount stipulated in the contract
agreement.
ARTICLE 22: PAYMENTS
The Contractor shall submit a complete Breakdown of Work and the Corresponding
Value of the Contract Amount within fifteen 15 days from the receipt of Notice to Proceed and
shall be used as the basis for all Requests for Payment upon approval. The Contractor may
submit a Request for Payment for work done no more than once a month. Less than 10%
retention is allowed but when 50% of the Contract has been accomplished, no further retention
shall be made on the balance of the Contract.
The Contractor shall pay and furnish the Architect with progress photographs taken
monthly. The photographs shall be 6” x 8”, in dull finish. At each period four exposures shall
be taken (2 copies each, 8 prints in total), one on each side of the building. All Negatives shall
have the date and name of the work.
The Architect shall either issue a Certificate of Payment or withhold the Request for
Payment within 15 days after receipt of any Request for Payment by the Contractor. The
Architect may recommend withholding of payment in whole or in part on any approved
Request for Payment for any of the following reasons: defective work not remedied, claims
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filed, failure of the Contractor to make payments, reasonable doubt that the Contract can be
completed for the balance then unpaid, and/or damage to another Contractor.
The Breakdown of Work and Corresponding Value serves as the Architect's guide for
estimating the value of the work completed by the Contractor. Within 15 days from the date of
approval of a Request for Payment or of issuance of a Certificate of Payment by the Architect,
the Owner shall pay the amount. The Owner’s failure to pay the amount involved would be
subject to payment of interest based on banking loan rates. The Contractor shall punctually pay
all costs obliged to him. If required, he shall furnish the Owner with a statement that all
payments under this Contract have been duly paid. No payment shall be made on contracts
more than 65% of the Contract Price.
There are other requirements needed before the final payment including a Certificate of
Final Building Occupancy, Certificate of Final Inspection of the utilities, Original and 3 sets
of prints of “As-Built Drawings”, 3 copies of Directory of Panel Boards and a list of circuits,
3 copies of Instruction and Manual for operating and maintaining fixtures and equipment, 3
copies of Keying Schedule, and a Guarantee Bond equivalent to 30% of the Contract Price.
The Architect shall proceed and verify the work, create the final estimates, certify the
work has been completed and accept it before acceptance and final payment. The Owner shall
pay the Contractor promptly, provided that final payment on the contract shall not be made
until the Contractor has submitted a statement showing that all taxes due and all obligations for
materials used and labor employed in connection with this contract have been duly paid; and
provided, further. If correction of work after final payment is needed, the Contractor shall
remedy any defects and pay for any damage to other work resulting which will appear within
a period of one year from the date of acceptance of work by the Owner. Within three months
of the date of final payment, the Owner's retainer under the terms of the contract must be
released.

SECTION VII
CONTRACTOR – SEPARATE CONTRACTORS – SUB-CONTRACTORS
RELATIONS

ARTICLE 23: SEPARATE CONTRACTS TO OTHER CONTRACTORS

The Owner reserves the right to let other contracts in connection with this work.
ARTICLE 24: CONTRACTOR – SEPARATE CONTRACTORS RELATIONS

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The Contractor shall afford other Contractors’ reasonable opportunity for the
introduction and storage of their materials and the execution of their work. He is also
responsible for all cutting, fitting, or patching of his work that may be needed to receive or be
received by work of other Contractors. If any part of the Contractor’s work depends on any
work of the other Contractor, the Contractor shall inspect and promptly report to the Architect
any defect that renders. Whenever the Contractor causes damage to any separate Contractor on
the work, the Contractor agrees to settle with the other Contractor by agreement or arbitration
and to relieve the Owner of any liability which may arise.
ARTICLE 25: SUB-CONTRACTORS
No contractual relationship between any Sub-contractor and the Owner shall be
established by anything in the Contract Documents, 15 days or more before the deadline for
bids. To clarify the aspects of the job for which the subcontractor's competency will be
assessed, the contractor must consult with the architect. The Contractor agrees that he is fully
responsible for the acts and omissions of his Sub-contractors.
ARTICLE 26: CONTRACTOR – SUB-CONTRACTORS RELATIONS
The Contractor agrees to be bound to the Sub-contractor by all obligations. He shall
pay the Sub-contractor upon payment of certificates, on-demand for his work or materials as
far as executed as provided by the contract documents, and just share of any fire insurance
money received by the Contractor. The Contractor shall not demand de liquidated damages to
the Sub-contractor and give him an opportunity to be present and to submit evidence in any
arbitration involving his rights.
On the other hand, the Sub-contractor agrees to be bound to the Contractor by the Terms
of Agreement, General Conditions of the Contract, the Drawings and Specification. Also, he
has the duty to submit to the Contractor applications for such payment and make all claims for
extras, extensions of time and for damages, and delays.
The Contractor and Sub-contractor agree that their rights and obligations and all
procedure shall be analogous to those in the contract.

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SECTION VIII
SUSPENSION OF WORK AND TERMINATION OF CONTRACT

ARTICLE 27: CONTRACTOR’S RIGHT TO SUSPEND WORK OR TERMINATE

CONTRACT
The Contractor has the right to suspend or terminate the contract with the Owner and
Architect upon 15 days of written notice if the following reasons take place: order of any court
or other public authority caused the work to be stopped or suspended for a period of 90 days
through no act or fault of the Contractor, the Architect fails to act upon any Request for
Payment within 15 days, the Owner fails to act upon any Request for Payment or Certificate of
Payment within 15 days, and/or the Owner fails to pay the Contractor any sum within 30 days
after its award by arbitration. If the Contractor suspends or terminates the work due to
difficulties in payment, then the contract sum shall be increased.
ARTICLE 28: OWNER’S RIGHT TO TERMINATE CONTRACT:
The Owner has the right to suspend or terminate the contract with the Contractor upon
15 days of written notice and take possession of the premises and of all the materials and
finished part of the work if the following reasons take place: declares bankruptcy; disregards
or violates provisions of the contract documents; fails to provide a qualified superintendent,
competent workers, or proper materials; and/or fails to make prompt payment to Sub-
contractors.
ARTICLE 29: OWNER’S RIGHT TO PROCEED WITH WORK AFTER
TAKEOVER FROM CONTRACTOR
The Contractor shall deliver the said work, or the components shown in said notice,
peaceably to the Owner upon receiving notice of termination of the contract and vacating
possession. All materials and equipment needed for the construction of the project shall remain
on the work until completed, as required by the Architect. In case such materials and/ or
equipment do not belong to the Contractor, the Architect shall retain them for use in the project
at the cost of the failing Contractor or pay a reasonable rent for the use. The Owner shall then
take over the work and continue to complete the same by administration It is agreed upon such
termination of the Contract, the Architect will ascertain and fix the value of the work completed
by the Contractor and not paid for by the Owner. All unpaid work executed including expenses
incurred during suspension shall be evaluated by the Architect and charged to the Owner.

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SECTION IX
RESPONSIBILITIES AND LIABILITIES OF CONTRACTOR AND OF OWNER

ARTICLE 30: CONTRACTOR’S RESPONSIBILITY FOR ACCIDENTS AND

DAMAGES
There are safeguards to be undertaken by the Contractor. He shall take all necessary
precautions for the safety of employees and workers at work. The Owner shall not be
responsible for the death of, disease contracted, or injury received by the Contractor or any
employee or laborers of the Contractor. The Contractor is bound to keep the Owner unharmed
and indemnify from any losses or claims.
ARTICLE 31: CONTRACTOR’S INSURANCE AND BONDS
The Contractor shall secure and maintain insurance from an insurance company
acceptable to the Owner as it will protect himself, his Sub-contractors, and the Owner from
claims. The insurance policy shall have a clause providing that it shall not be canceled by the
insurance company without 10 days written notice. In addition, fire insurance shall be secured.
Prior to signing the Contract, the Contractor shall furnish a Performance Bond equal to 15% of
the Contract amount for the faithful performance of his work and a 15% Payment Bond
covering payments and obligations arising from his Contract. Such bond shall be released by
the Owner after the end of 2 months from the final acceptance of the work and after the
Contractor has furnished the Owner a Guarantee Bond for 30% of the Total Contract Cost for
a period of 1 year starting from the date of acceptance.
After the project is completed, the Contractor must guarantee and get warranties from
all work done by the Sub-contractors and deliver copies to the Owner. Such a warranty and/or
guarantee shall be for a period of one year. If any defects take place, repairs and corrective
works shall be done without cost to the Owner and at the entire cost and expense of the
Contractor within 5 days after written notice of the Owner to the Contractor. If the Contractor
fails to do so, the Owner may have the work done and charge the cost against monies kept.
ARTICLE 32: OWNER’S RESPONSIBILITIES AND LIABILITIES
The Owner shall handle and shall maintain insurance in the protection of his employees
and professionals assigned and performing services to the project. Such insurance is also for
the purpose of protecting the Owner from any liability for damages.

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ARTICLE 33: LIENS, DISPUTES, AND ARBITRATION

A complete release of all liens resulting from the contract, or receipts in full lieu, must
be delivered by the Contractor to the Owner before the release of the final payment and kept
percentage.
The contract shall not be assigned by the Contractor without the prior written consent
of the Owner and such consent shall not relieve the Contractor from responsibility and liability
of all terms and conditions of the contract. The Owner’s consent to sub-letting of work shall
not be granted until the Contractor gives the Owner evidence that the Sub-contractor has ample
insurance to the same extent. The Contractor shall relieve the Owner harmlessly from any loss
and expense brought on by subletting. In the event of transfer without previous consent, the
Owner may refuse to carry out the contract, but the rights to breach the contract are reserved
for the Owner and the Contractor.
Claim for damages shall be made in writing to the party liable within a reasonable time
and not later than the final payment and shall be adjusted by agreement or arbitration.
When it comes to disputes, the Architect shall make decisions on all claims of Owner
and Contractor on all matters relating to the progress and execution of work or interpretation
of contract documents and shall decide disputes concerning questions of fact arising under the
contract. If the Architect fails to render a decision within 15 days after the parties presented
their evidence, either party may demand arbitration.
All disputes, claims, and questions subject to arbitration shall be settled following the
provisions of this UAP document. Notice of the demand for arbitration of a dispute shall be
filed in writing with the other party to the Contract, and a copy filed with the Architect. When
formal arbitration is asked, a Board of Arbitration shall be formed, then the parties shall
mutually agree that the decision of the arbitrators shall be a condition precedent to any right of
legal action that either party may have against the other.

SECTION X
AUTHORITY OF ARCHITECT, ENGINEERS, AND PROJECT
REPRESENTATIVES

ARTICLE 34: ARCHITECT’S STATUS

The Architect shall be Owner’s representative during the construction period, and he
shall observe work in process on behalf of the Owner only to the extent expressly provided in
the Contract Documents. He also has the authority to stop when it is necessary and reasonable
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but failing to do so does not relieve the Contractor from the responsibility of following the
Contract Documents. The Architect shall decide all questions which may arise as to the quality
and acceptability of materials furnished and work performed. In judging the work performance,
he shall side neither with the Owner nor the Contractor. In the event of termination of the
employment of the Architect, the Owner shall appoint a capable and reputable Architect against
whom the Contractor make reasonable objection and any dispute in connection there shall be
subject to arbitration.
ARTICLE 35: AUTHORITY AND RESPONSIBILITIES OF THE ENGINEERS
The Engineers are solely responsible for their respective designs, computations, and
other professional services they rendered. They shall assist the Architect in the general
supervision and direction where their professional services are concerned subject to the terms
and conditions. Engineers shall inspect the work for conformance with the approved Drawings
and Specification.
ARTICLE 36: AUTHORITY AND DUTIES OF THE PROJECT
REPRESENTATIVES, RESIDENT
Project Representatives, Resident Architects, Resident Engineers, or Construction
Inspectors selected by the Architect and employed by the Owner can be stationed on the project
to help the Architect and Engineers. They have the duties that are stipulated in the Special
Provisions of the Contract. In case of any dispute arising, they shall have the authority to reject
materials or suspend the work until it is decided by the Architect. Nothing in the provisions of
this article will relieve the Contractor from the responsibility of performing the work per the
Drawings, Specification, and other Contract Documents.

SECTION XI
SCHEDULE OF TIME LIMITS

No. Title Time Limit Article No.

1. Contract Time
1.1 Contract Time Reckoning 7th day from receipt of Notice to Proceed 21.02
1.2 Request for Time
15 days from the occurrence of the delay 21.04
Extension
1.3 Beginning, Suspending or Written notice is given at least 10 days prior
21.04
Resuming Work to beginning, suspending, or resuming
1.4 Other Related Matters
a. Request for Supply of
Made 10 days before they are needed 21.04
Owner Furnished Materials
b. Requests for Drawings Two weeks after demand of Drawings 21.04

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United Architects of the Philippines General Conditions October 4, 2022

2. Contract Sum
2.1 Contract Sum Breakdown
2.2 Claim for Extra Cost
3. Progress Payment
3.1 Architect’s Action on
Payment Request
3.2 Owner’s Action on
Payment Request
3.3 Release of Retention
4. Correction of Work
4.1 Correction Before Final
Payment
4.2 Correction After Final
Payment
5. Sub-contractor’s Claim
for Extra Cost
6. Contractor’s Right to
Suspend or Terminate
Contract
7. Owner’s Right to
Terminate Contract
8. Disputes
9. Bonds and Insurances
Shall not be cancelled by insurance
9.1 Contractor’s Liability
company without 10 days’ written notice to
Insurance
Owner
9.2 Contractor’s Performance remain in effect until replaced by
and Payment Bond the Contractor’s Guarantee Bond.
9.3 Contractor’s Guarantee effective for a period of one year
Bond commencing from the date of acceptance
15 days from the receipt of Notice to
22.01
Proceed
Within 15 days after receipt of instruction
involving extra cost or after recognition of 20.08
delay due to Owner’s the fault
15 days after receiving request for payment. 22.04
15 days from date of Architect’s approval 22.07
3 months after the date of final payment 22.14
The Contractor must pay expenses within
10 days from removal by the Owner, the
22.13
Owner may sell the materials after 10 days,
from written notice of intent to sell.
For a period of one year from the date of
acceptance of work by Owner, repairs and
31.05
corrective work shall be done 5 days after
written notice by Owner
making claims for the extra cost is one week 26.02
Upon 15 days written notice to Owner and
Architect for the following reasons:
1. public authority orders to stop or
suspend the work for 90 days through
no fault of the Contractor;
2. Architect does not act upon requests
for payment within 15 days after
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presentation;
3. Owner does not act upon request for
payment within 15 days after
certification; and/or
4. Owner does not pay Contractor the
agreed sum within 30 days after
arbitration
after giving 15 days written notice 28
If Architect does not decide within 15 days 33.04
31.01
31.03
31.04

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