be without prejudice to its other rights provided elsewhere in this Construction Contract or to which it may be entitled in law or equity Article 16: Defective Works and Materials A. Defective work shall be corrected, and unsuitable materials shall be replaced notwithstanding that such work and materials have been overlooked by the Owner or Owner's Project Manager’ Architect and accepted or estimated for payment. If the work or any part thereof shall be found defective at any time before the Project Completion the Contractor shall forthwith make good such defect in the manner satisfactory to the Owner or Owner’s Project Manager/Architect subject to Article 7 hereof B. If any materials brought on the ground for use in the work shall be found not in conformity with the Specifications, the Contractor shall forthwith remove such materials from the vicinity of the work upon order of the Owner. C. Materials furnished which are damaged or rendered defective by mishandlii ‘or improper installation by the Contractor. its agents or employee. the same shall be made good and replaced at the Contractor's expense. D. This provision is without prejudice to Article 1723 of the Civil Code of the Philippines, which is hereby incorporated as part of this Construction Contract, Arti 17: Third Party Liability A. The Contractor shall be solely responsible for whatever claims third parties may have arising from the Project. Such claims may include but is not limited to wages, compensation to laborers for injuries or death, SSS premiums, etc, All expenses that may be incurred in relation to these claims shall be for the exclusive account of the Contractor. B. The Contractor shall hold the Owner and its related interests free and harmless against claims whatever damages that may be caused to the adjacent structures of its perimeters by reason of the construction work and for any lien that might be asserted by suppliers of materials and labor against the Contractor. Article 18: Form Plywood and Form Lumber tis understood that the form plywood and form lumber used as formworks during the constriction are part of the Contractor's equipment and shall remain as the Contractor's property afier the construction, Article 19: Changes and Additions A. The Contractor shall not change or claim from the Owner the cost of any change order or deviation in the performance of furtherance of the Project, unless such change order/deviation is with prior notice by the Project Manager, and/or the project manager's substitute. All requests far change orders shall be documented. Item(s) of work shall be described, itemized, verified and quantified as to the material and labor costing implications. Mutual agreement by all parties is a requisite for the Contractor’s claims. The Contractor shall, at all times, advise the Owner through its Project Manager or project manager's substitute, if, in the Contractor's expert opinion, the progress and direction of work on the Project shall result in an unavoidable change order which shall result in a claim by the Contractor against the Owner. The Contractor hall, at all times, give advanced warning or notice to the Owner of the possibility of a change order claim so that the matter can be immediately addressed by the Owner. B If the Owner shall require in writing a deviation or omission from the plan and specifications. the Contractor is hereby obligated to secure application within two weeks from the Owner. The said application shall be accompanied by the shop drawing that musi be approved and signed by the Owner Thereafier, the Contractor within the time prescribed shall execute the work required in a manner satisfactory to the Owner. The Owner shall then evaluate. compute and certify the same in aecordanee with the unit cost per square meter of labor and materials in the bid proposal form, submitted by the Contractor C. If the item of work so changed is included in the original contract's breakdown of x corresponding unit cost shall be applied in determining the additive or deductive amount, Qeaherd ns W /