CONTRACT AND AGREEMENT

for the

CONSTRUCTION of a Residential Building Modular Cabinets

KNOW ALL MEN BY THESE PRESENTS:

This contract made and entered into this _____ day of May 2023 by and between:

VON JOBY ROMERO with address at Bulacan, Philippines, the party of the
First Part, hereinafter called “the OWNER”

and

RONSON BANDOLA, hereinafter called “the CONTRACTOR”.

WITNESSETH:

WHEREAS, the CONTRACTOR offers materials and build services under a project
supervision and management basis and on a fixed-based compensation;

WHEREAS, the OWNER has voluntarily sought and engaged CONTRACTOR for the
construction of the following PROJECT:

PROJECT : Modular Cabinets for Residential Building

LOCATION : Lot 10, Block 9, Hydrus St., St. Agatha Subdivision, Tikay,
Malolos, Bulacan
OWNER : Von Joby M. Romero

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual
covenants and stipulations herein made, the parties hereby agree to be bound by the terms and
conditions stipulated hereunder:

ARTICLE I – CONTRACT DOCUMENTS

The following documents shall be deemed to form and be interpreted and construed as
part of this Agreement:
a. Design and Construction Agreement Contract
b. Detailed Interior Architectural and Engineering (A&E) Design of the
PROJECT
c. Construction Plans and Phases and Timeline of the completion of the
PROJECT
d. Detailed List and Specification of Furnitures/Fixtures/Cabinets

ARTICLE II – SCOPE OF AND CONDITIONS OF WORK

The scope of work to be done by the CONTRACTOR consists of professional services

for the following:
 1. The CONTRACTOR shall in accordance with provisions of and subject to the
conditions contained in the documents referred to in Article I hereof, and in
consideration of the sum of money herein after stated shall fully and faithfully
provide and procure materials, and perform all labor and furnish the needed
equipment and services necessary to complete the Construction of the PROJECT as
per plan and specifications of the OWNER;
2. The CONTRACTOR shall hire skilled workers as may be necessary;
3. The CONTRACTOR shall complete the PROJECT within the timeline provided
herein.
4. The Contractor shall in no way suspend the works stipulated herein unless due to:
bad weather, fortuitous events, force majeure or other justifiable causes.

ARTICL III – TIME OF COMPLETION

1. The work to be performed by the CONTRACTOR under this contract shall

commence after ten (10) calendar days upon receipt and acceptance of the Notice to
Proceed from the OWNER by the CONTRACTOR.
2. The construction of the PROJECT shall be completed within Thirty (180)
calendar days including Saturdays, Sundays and holidays.
3. Should the CONTRACTOR refuse or otherwise fail to complete the work
stipulated herein, the CONTRACTOR agrees to pay the OWNER liquidated
damages in an amount equal to One-Tenth of One Percent (0.1%) of the total
contract sum for each calendar day of delay until the work is completed and
accepted by the OWNER or when the OWNER takes over the project by
administration or relets it to other contractors until such time as the OWNER may
reasonably secure the completion of the works. Such amount shall be deducted
from any money due or which may become due the CONTRACTOR under this
contract.

EXTENSION. The following are grounds for the extension of the TIME OF
COMPLETION, in which case the CONTRACTOR shall not be held liable for the cost
therefor:

a. Force majeure and fortuitous events, such as but not limited to flood, typhoon,
earthquake, accidents, natural calamities, including those which affect the
timely delivery of materials, tools, equipment, facilities, and services provided
in the Contract Documents;
b. Changes and alterations made or otherwise approved by the OWNER;
c. Delay in the payment of the fees by the OWNER; and
d. Delay caused by the OWNER;

Any other delays independent of the will of the CONTRACTOR.

ARTICLE IV – THE CONTRACT SUM

The total contract price is equivalent to Two-Hundred Fifteen Thousand in the

Philippine Currency (Php 215,000.00). The OWNER for and in consideration of the faithful
and satisfactory fulfilment of the contract by the CONTRACTOR in accordance with the terms
and conditions of all contact documents and subject to the deduction herein provided, shall pay
to the CONTRACTOR in Philippine Currency the sum equivalent to Forty Percent (40%) of
total project cost to be billed on a milestone basis.
 Payment shall be in accordance with the following conditions:

a. Weekly payment shall be based upon the work satisfactorily completed as certified
by the CONTRACTOR
b. Final payment shall be made upon completion of the work and upon submission by
the CONTRACTOR of his sworn statement that all taxes due him and all
obligations for materials used and labor employed in accordance with this contract
have been duly paid.

ARTICLE V - GUARANTEE

The CONTRACTOR hereby guarantees the work stipulated in this contract and all the
materials it will apply and use in the construction as well as workmanship of all its work under
this contract and shall make good of its own account and/or its own expenses.

After final acceptance of the PROJECT by the OWNER, the CONTRACTOR shall
assume full responsibility for any damage or destruction of the works except those occasioned
by force majeure. They shall be required to put up a warranty security denominated in
Philippine Pesos provided in Section 62.2.3.3 of IRRA of R.A. 9184 and shall remain effective
for one (1) year from the date of issuance of the certificate of final acceptance and shall be
returned only after the lapse of the said one (1) year.

In addition, the provisions of Article 1723 of the New Civil Code shall also apply to
guarantee the work performance of the CONTRACTOR.

ARTICLE VI – SAFEGUARDS AND WARRANTS

The CONTRACTOR shall provide and do everything necessary to perform its

obligations under this contract according to the true intent and meaning of the other contract
documents taken together particularly the drawings, plans and specifications provided that the
same shall be inferred therefrom and should the CONTRACTOR find any discrepancy in the
drawings, plans and specifications, he shall immediately refer the same to the OWNER or
Design M.E. Architectural Firm whose decision shall be followed.

The OWNER reserves the right for an additional or increase in the number of laborers
or workers assigned to the construction site in the opinion of the OWNER or Design M.E.
Architectural Firm as the exigencies of the circumstances may require.
The CONTRACTOR shall be considered as an independent CONTACTOR and as
such, he assumes all obligations and liabilities arising out of the Employee’s Liability Act and
any other laws existing and those enacted thereafter that may affect the rights of the employees
or laborers employed in the performance of this contract. Should the OWNER be made liable
for any of the CONTRACTOR’s violation of any labor laws, the CONTRACTOR shall
reimburse the OWNER for whatever amount the latter is required to pay to said laborers.

Notwithstanding any provisions of this contract, the OWNER has the right and/or
power to terminate the contract without necessity of judicial action by giving written notice to
the CONTRACTOR upon his failure to comply strictly with any of the terms of this contract.

The CONTRACTOR is likewise mandated to implement the construction safety and

health program as may be provided by Design M.E. Architectural Firm.
ARTICLE VII – VENUE OF COURT ACTION

Should any court action be instituted by the OWNER or the CONTRACTOR arising
from this contract, the parties hereby agree that the venue thereof shall be the proper court in
the City of Davao.

IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of
May 2023 at Tikay, Malolos, Bulacan.

RONSON BANDOLA
(CONTRACTOR)

VON JOBY ROMERO

(OWNER)
DETAILED LIST AND SPECIFICATION OF
FURNITURES/FIXTURES/CABINETS
Ite Construction
m Item Name Location Drawing Price, Php
No. Reference*
1 J-001 : TV SET UP / Living Area ID-015
DISPLAY
2 J-002 : NOOKBAR W/ Kitchen Area ID-016/17
WINE RACK
3 J-003 : KITCHEN SET Kitchen Area ID-018
4 J-004 : TV CONSOLE Living Area ID-019
5 J-005 : STUDY DESK Masters Bedroom ID-020
6 J-006 : CLOSET Masters Bedroom ID-021
7 J-007 : CLOSET : 2 PCS. Bedroom 1/2 ID-022
1 PC. WITH SIDE
MIRROR ATTACHED.
8 J-008 : Bedroom 2 ID-023
DESK/OVERHEAD
CAB.
9 J-009 : Bedroom 1 ID-024
DESK/OVERHEAD
CAB.
10 J-010 : LAVATORY Toilet 1/2/3 ID-025
CABINET. 1PC
11 J-011 : BED FRAME. 2 Bedroom 1/2 ID-026
PCS
12 SHOE RACK. 2nd Floor Hallway -
13 GROCERY CABINET Kitchen Area -

*All drawing dimensions shall be based on actual size of the area. Dimensions provided in the
drawing are only estimates.