CONTRACT

KNOW ALL MEN BY THESE PRESENTS;

This contract made and entered into at Meycauayan City ,Bulacan, this _________day of May 2019, by
and between:

Gian Carlo V. Diaz and Cecille Anne Diaz with address located at ____________________________r,
hereinafter referred to as OWNER.

-and-

Perlita Abacan/ Jose Ferrer,Jr. with address located ____________________________________

Herein after reffered to as CONTRACTOR

-WITNESSETH-

Whereas, the OWNER requires the services of a competent contractor to undertake the construction of a
TWO STOREY RESIDENCE located at Block 65 Lot 12, Metrogate complex, Bo. Lambakin ,Marilao
Bulacan, herein referred to as the PROJECT..

Whereas, the CONTRACTOR , have the technical know-how, experience and resources to undertake the
construction of the PROJECT

Whereas, the OWNER has accepted the offer of the CONTRACTOR to undertake and perform all work
strictly in accordance with the Plans and Specifications and within the bounds of submitted scope of work
and other terms and conditions set forth hereinafter. The CONTRACTOR shall do all things necessary to
undertake the PROJECT in the most expeditious manner consistent with good workmanship, sound
business practice and in the best interest of the OWNER.

Now, therefore, for and in consideration of the foregoing premises, the parties have agreed to enter into
this contract, subject to the following terms and conditions:

-ARTICLE 1-
 SCOPE OF WORK

1.1 The CONTRACTOR shall provide all required time, labor ,tools, materials, equipment and
supervision and other incidentals necessary to satisfactorily complete the PROJECT with a high
degree of efficiency and in accordance with the plans, specifications and scope of work indicated
below as agreed by the parties;

1.1a Secure the necessary construction permit and homeowner’s clearance,barangay clearance and
other clearances necessary. OWNER to shoulder all fees intended for the clearances and permits
1.1b Clearing, demolition, stake-in and provision of temporary bunkhouse area for the contractor,s
work forces.
1.1c Excavation and backfilling to achieved the desired floor elevation base on the plan.
1.1d Concrete works particularly the structural components of the structure.
1.1e Masonry works including plastering of interior and exterior of chb walls.
1.1f Carpentry and joinery works including ceilings works(where necessary).
1.1g Sash works to include the fabrication and installation of doors and windows including pantry
counters and cabinets.
1.1h Plumbing and sanitary works particularly rough-ins and supply and installation of plumbing
fixtures and accessories.
1.1i Tiling/wainscoating works.
1.1j Electrical works including provisions for auxillary lines such as telephones, and internet and
provision of piping system for cctvs and cable tvs.
1.1k Painting and other finishing works.
1.1l Cleaning of the area upon completion and turnover.
.

-Article 2-
CONTRACT PRICE

2.1 The OWNER shall pay the CONTRACTOR for all materials ,skills and labor furnished and
supplied to the project and for full conformity with the plans and specifications in the total amount of
________________________________.

2.2 The OWNER may, at anytime during the progress of the construction, order and/or make
changes or alterations in the project’s work being performed provided that in such cases, any
increase or decrease in the stipulated contract price herein shall be subject to such proportionate
adjustment as may agreed upon by both parties. Provided further, that if and where alterations
changes mentioned herein shall affect the contract period, the extension thereof shall also be subject
to such proportionate adjustments.

-ARTICLE 3-
TERMS OF PAYMENT

3.1 The OWNER undertakes to pay in advance to the CONTRACTOR the equivalent of 30% of the
contract price. The CONTRACTOR may proceed immediately with the construction upon receipt of
notice to proceed from the OWNER.

3.2 The CONTRACTOR shall submit to the OWNER a weighted percentage of accomplishments
and upon approval of the OWNER may be the basis for progressive billing by the CONTRACTOR.
 -ARTICLE 4-
COMPLETION OF THE PROJECT

4.1 The PROJECT shall be completed within One Hundred Eighty(180) WORKING DAYS. In case
the CONTRACTOR fails to satisfactorily complete the project stipulated therein, or within any time
extention duly granted by the OWNER, the CONTRACTOR shall pay the OWNER liquidated
damages in the amount equivalent to one-tenth(1/10) of one percent( 1%) of the value of the
remaining unfinished work when delay occurs for each calendar day of delay and the same shall be
deducted from the amount retained or from any amount due the CONTRACTOR from the OWNER.

4.2 The OWNER, or representative shall be entitled, during the construction of the project, to inspect,
examine and test the workmanship of the CONTRACTOR. If ,as a result of inspection, examination or
testing, the OWNER decides that the work is defective or otherwise not in accordance with this
contract, the OWNER may reject the workmanship, and shall notify the CONTRACTOR promptly
stating the reason. The CONTRACTOR shall then make the necessary corrections/repair on the
defect as within the contract period and ensure that the work complies with the contract.

4.3 In order that the project shall be in the condition required by the contract(fair wear and test
excepted) at, or as soon as practicable after the contract period, the CONTRACTOR shall complete
any work which is outstanding and execute all work of amendment, reconstruction and remedying
defects or damages ,as may be instructed by the OWNER during the period of the contract. If any
such defect appears or damage occurs, the owner shall notify the CONTRACTOR in writing. All
works referred to herein shall be executed by the CONTRACTOR at his own cost.

4.4 The project is considered completed as soon as it passed the tests to be conducted by the
OWNER as to the acceptability of the design and workmanship. The CONTRACTOR may apply for
an extention of time if the completion of the project will be delayed either before or after the deadline
by any of the following causes

(1) A variation order(that is, the OWNER proposed a material changes to the design or work to be
performed not originally contemplated in the plans and specifications, except when such proposal
is not due to the desire to correct any defect in the plans and specifications;
(2) Force majeure;
(3) Any delay impediment or prevention by the OWNER’

-ARTICLE 5-
INDEPENDENT CONTRACTOR

5.1 The CONTRACTOR represents and warrants that it is an independent job contractor under the law. It
is understood and agreed that all employees and/or workers of the CONTRACTOR are not employees
and/or laborers of the OWNER. There is no employer/employee relationship between the OWNER and
the CONTRACTOR or any of the CONTRACTOR’S employees.

5.2 The CONTRACTOR shall make his own arrangements for the engagement of all labor. The
CONTRACTOR shall pay rates of wages and observe conditions of labor not less favorable than those
established for the trade or industry where the work is carried and shall at all times comply with the Labor
Code of the Philippines. The CONTRACTOR shall, at all times take all reasonable precautions to prevent
any unlawful, riotous or disorderly conduct by or among his employees.

-ARTICLE 6-
WARRANTIES AND RESPONSIBILITIES OF CONTRACTOR

6.1 In case of any defect in workmanship or materials,which may become apparent in the course of the
construction, the CONTRACTOR, upon written request by the OWNER, shall, at its own expense, repair,
teardown, remove and/or replace such portion of the work done and/or materials installed that in the
OWNER’s reasonable opinion are unsound or defective, or not in accordance with this contract. If the
CONTRACTOR fails to correct or replace defective work, the OWNER may have the repair or
replacement done by another at the CONTRACTOR’S expense.

6.2 The CONTRACTOR hereby warrants and guarantees that all the materials to be supplied by it under
this contract are new,free from defects, and shall fully comply in every aspect with the specifications, and
other requirements contained in any of the contract documents.

6.3 The CONTRACTOR shall, at all time, furnish and maintain an adequate and sufficient supply of tools,
materials, equipment and skilled/unskilled workmen at work site.

6,4 The CONTRACTOR shall hold the OWNER free and harmless from and any claims for
losses,damages, or injuries of whatever kind or nature that may be filed or claimed against the OWNER
by any third person, firm, or entity arising out of, or in connection with, the CONTRACTOR’S work under
this contract.

6.5 The CONTRACTOR shall be responsible for maintaining the general cleanliness and sanitation of the
work site. It shall undertake clearing of site and removal of construction debris during the entire period
under this contract. After completion of the project and final acceptance of the work by the OWNER, the
CONTRACTOR shall remove all debris, surplus materials,scaffoldings,tools equipments,machineries, not
forming part of the work furnished or supplied by it, and leave the work site free from and clean from all
wastes,obstruction, and hindrances.

-ARTICLE 7-
GENERAL PROVISIONS

7.1 This contract shall not be amended, modified, or altered except by express consent in writing by the
parties.

7.2 By this agreement, the CONTRACTOR acknowledges and accepts the trust and confidence repose
on him by the OWNER and in turn, warrants and guarantees to the OWNER the execution of the terms,
conditions, and provisions of this agreement to the best of his ability by maintaining a high degree of
efficiency in the supervision and administration of the construction subject of this agreement.

7.3 The CONTRACTOR guarantees the performance and completion of the construction work to the full
satisfaction of the OWNER in provision of the Building Code and the Civil Code of the Philippines.