Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 55

Assignment 1

PP 423 – PROFESSIONAL PRACTICE 3

GENERAL CONDITIONS AND UAP DOCUMENT

Submitted by:
Angelo S. Dongon
` BSARCHI-4A
Submitted to:
Ar. Jico C. Monte
Course Facilitator

UNITED ARCHITECTS OF THE PHILIPPINES


GENERAL CONDITIONS

SECTION I
DEFINITIONS AND DOCUMENTS
ART. 1 : DEFINITIONS

1.01 CONTRACT DOCUMENTS: The Contract consists of the following documents, including all
additions, deletions and modification incorporated therein before the execution of the Contract:

a. Agreement
b. General Conditions
c. Special Provisions
d. Specifications
e. Drawings

1.02 OWNER: The person or entity ordering the project for execution, including duly appointed
successors, or authorized representatives.

1.03 ARCHITECT refers to the Architect commissioned by the Owner acting personally or through
assistants duly authorized in writing by the Architect to act in his behalf.

1.04 ENGINEER: The person so named in the Contract Documents or his representative duly
authorized
in writing to act for the Engineer.

1.05 PROJECT REPRESENTATIVE: The Full-time Construction Inspector hired by the Owner duly
authorized in writing to assist the Architect and the Engineer in the supervision of the work.

1.06 CONTRACTOR: The person or firm whose proposal has been accepted and to whom the
Contract
was awarded.

1.07 SUB-CONTRACTOR: Anyone having a direct Contract with the Contractor who acts for or in
behalf
of the Contractor in executing any part of the Contract, not including one who merely furnishes
materials without labor.
1.08 SURETY is the person, firm or corporation who provides the guarantee for the Contractor’s
Bonds.

1.09 PROPOSAL: The offer of a Bidder to perform the work described by the Contract Documents
when
made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

1.10 PROPOSAL BOND: The cashier’s check or surety bond accompanying the Proposal submitted by
the Bidder, as a guarantee that the Bidder will enter into a Contract with the Owner for the
construction of the work, if the Contract is awarded to him.

1.11 PERFORMANCE BOND is the approved form of security furnished by the Contractor and his
Surety
as a guarantee of good faith on the part of the Contractor to execute the work in accordance with
the terms of the Contract. 15% (b4 the execution)

1.12 PAYMENT BOND is the approved form of security furnished by the Contractor and his Surety as
a
guarantee of good faith on the part of the Contractor to pay all obligations arising from the Contract.
15% (b4 the execution)

1.13 GUARANTEED BOND is the approved form of security furnished by the Contractor and his Sure
ty
as a guarantee to the quality of the materials and equipment installed and the workmanship
performed by the Contractor. 30% (given after the payment and performance is returned).

1.14 AGREEMENT is the contract between the Owner and the Contractor undertaking the project
described in the Contract Documents including all supplemental agreements thereto and all general
and special provisions pertaining to the work or materials therefor.

1.15 ADVERTISEMENT or INVITATION TO BID: The notice published by the Owner or the invitations
issued to prospective bidders, giving information as to the nature of the proposed project,
conditions for the issuance of contract documents, date of bidding, and estimated cost or
information that would give the Contractor a general idea of the magnitude and extent of the
project.

1.16 BID BULLETIN is the additional information on Contract Documents issued to bidders before
date of bidding.
1.17 INSTRUCTIONS TO BIDDERS: The list of instructions stipulating the manner on how bids are to
be prepared and conditions for the award of contract.

1.18 DRAWINGS are graphical presentations of the work involved in the project. They include all
supplementary details and shop drawings. 1.19 GENERAL CONDITIONS are printed documents
stipulating the procedural and administrative aspects of the contract.

1.20 SPECIAL PROVISIONS are instructions which may be issued prior to the bidding to supplement
and/or modify Drawings, Specifications, and/ or General Conditions of the Contract.

1.21 SPECIFICATIONS are written or printed description of the work to be done describing qualities
of material and mode of construction.
1.22 SUPPLEMENTARY SPECIFICATIONS are additional information which may be issued as an
addition or amendment to the provisions of the Specifications.

1.23 SCHEDULE OF MATERIALS AND FINISHES is an outline specification enumerating the type or
trade names of materials to be used.

1.24 BREAKDOWN OF WORK AND CORRESPONDING VALUE is a listing of the different parts of the
work indicating in each part the corresponding value in materials and labor, including an allowance
for profit and overhead.

1.25 WRITTEN NOTICE: Written notice means information, advice or notification pertinent to the
project delivered in person or sent by registered mail to an individual, firm or corporation at the last
known business address of such individual, firm or corporation.

1.26 ACT OF GOD OR FORCE MAJEURE includes an earthquake, flood, typhoon, cyclone and other
cataclysmic phenomena of nature and all misfortunes and accidents which human prudence could
not foresee or prevent. Rain, wind, flood or other natural phenomenon of inconsequential degree
for the locality shall not be construed as an Act of God or Force Majeure and no reparation shall be
made to the Contractor for the damages to the work resulting therefrom.

1.27 TIME LIMITS: Time limit is the duration of time allowed by the Contract for the completion of
the project in any stipulated portions thereof.

1.28 LOCAL LAWS applies to all laws, ordinances and other governmental regulations applicable to
the project and its undertaking.

1.29 WORK: The term “work” of the Contractor or Sub-Contractor includes labor or materials or both
as well as equipment, transportation, or other facilities necessary to commence and complete the
construction called for in the Contract.
1.30 FURNISH: The word “furnish” shall be understood to mean “Purchase and/ or fabricate and
deliver to the jobsite or other location when so designated”.

1.31 INSTALL: The word “install” shall mean to build in, mount to positions, connect or apply any
object specified ready for the intended use.

1.32 PROVIDE: The word “provide” shall be understood to mean “furnish and install”.

1.33 REQUIRED OR NECESSARY: The words “required or necessary” shall mean as required or
necessary for the complete execution of that portion of the work.

1.34 APPROVED, DIRECTED AND ACCEPTABLE: The words “approved”, “directed” and “acceptable”,
or words of like import shall mean approved, directed by or acceptable to the Architect unless
otherwise stipulated in the Contract.

1.35 SINGULAR OR PLURAL: In all cases where a device, item or part of equipment is referred to in
the
singular number, it is intended that such reference shall apply to as many such devices, items, or
parts as are required to complete the work.

ART. 2 : EXECUTION, CORRELATION AND INTENT OF DOCUMENTS


2.01 SIGNATURE ON DOCUMENTS: The Contract Documents shall be signed in quintuplicate by the
Owner and the Contractor duly witnessed.

2.02 INTENT OF CONTRACT DOCUMENTS: The Contract Documents are complementary, and what is
called for by any one shall be as binding as if called for by all. The intent of the Drawings and the
Specifications is to prescribe the complete work that the Contract is to undertake to comply with the
Contract. The intention of the Documents is to include all labor and materials, equipment and
transportation necessary for the proper execution of the work.

The contract requires that all work adhere to the Contract Documents. If there is a conflict between
the drawings and the specifications, the specifications take precedence. If there is a conflict between
the General Conditions of the Contract and the detailed specifications, the detailed specifications
will prevail. Any discrepancies or errors should be reported to the Architect or Engineer, who will
promptly correct them. The Owner is responsible for the design's adequacy as well as the sufficiency
of the drawings and specifications. The Owner must provide the complete requirements for the
work under the Contract to the Architect or Engineer, which must be true and accurate.

2.04 CONTRACT DOCUMENTS AT SITE OF WORK: The Contractor shall keep at the site of work, in
good order one copy each of all Drawings, Specifications, Breakdown of Work, Schedule of
Construction Work and including all instructions and graphs available to the Architect and his
representatives.

2.05 OWNERSHIP OF CONTRACT DOCUMENTS AND MODELS: The Drawings, Specifications, and
Models, including all additional instructions, and copies thereof, furnished for this work by the
Architect are the property of the Architect.

ART. 3 : DRAWINGS AND SPECIFICATIONS

3.01 COPIES OF DRAWINGS AND SPECIFICATIONS: The Owner shall furnish the Contractor free of
charge three sets of Drawings and Specifications. All other copies of Drawings and Specifications as
required by the Contractor will be furnished to him at cost of reproduction.

3.02 COORDINATION OF DRAWINGS AND SPECIFICATIONS: All Drawings and Models are intended to
cooperate with the Specifications, to form a part thereof, and also to form a part of the Contract
Documents. Where figures are given, they are to be followed in preference to measurements by
scale. Anything shown on the Drawings but not mentioned in the Specifications, or vice versa, or
anything not expressly set forth in either but which is reasonably implied, shall be furnished as
though specifically shown and mentioned in both, without any extra charge.

3.03 CLARIFICATION OF MEANING OF DRAWINGS AND SPECIFICATIONS: The Contractor must


thoroughly review and verify the date provided by Drawings and Specifications, and any
uncertainties or obscurities in the specifications. The Architect will provide necessary directions and
explanations to clarify requirements.

If there's a conflict between drawings or specifications, the contractor may estimate a more
expensive method unless they obtain a written decision from the architect. If less expensive work is
done, the contractor must credit the owner. If work is specified that makes it impossible to produce
first-class work, the contractor must consult the architect.
3.04 DISCREPANCIES IN DRAWINGS: In case of discrepancy in the figures or drawings, the matter
shall be submitted immediately to the Architect, before any adjustment shall be made by the
Contractor save only at the latter’s own risk and expense. The decision of the Architect on the
adjustment of discrepancies so as to conform to the real intent of the drawings and specifications
shall govern and shall be followed by the Contractor.

ART. 4 : DETAIL DRAWINGS AND INSTRUCTIONS

The specifications include additional detail drawings and instructions for the proper interpretation
and execution of the work. The architect must provide these additional drawings promptly and be
consistent with the Contract Documents. These additional details are considered of equal force as
those originally accompanying the specifications. The work must be executed in conformity with
these details, and the contractor must not work without proper drawings and instructions. If
requested, the contractor and architect must jointly prepare a schedule for the submission of detail
and shop drawings, as well as the start of manufacture and installation of materials.

ART. 5 : SHOP DRAWINGS

5.01 CONDITIONS IN THE PREPARATION OF SHOP DRAWINGS: The Contractor shall prepare at his
own expense and submit with such promptness as to cause no delay in his own work or in that of
any other contractor doing work on the same building, two copies of all shop or setting drawings,
templates, patterns and models, as well as schedule required for the work of the various trades, and
the Architect shall pass upon them with reasonable promptness, making desired corrections. The
Contractor shall make any corrections required by the Architect, file with him two corrected copies
and furnish such other copies as may be needed.

5.02 CHECKING DRAWINGS OF SUB-CONTRACTORS: Before submitting shop drawings for approval,
the Contractor shall check drawings of all sub-contractors for accuracy. He shall see that all work
contiguous with and having bearing on work indicated on shop drawings is accurately and distinctly
illustrated and that work shown is in conformity with Contract requirements.

5.03 IDENTIFICATION: Shop drawings shall be numbered consecutively and represent:


a. All working and erection dimensions.
b. Arrangements and sectional views.
c. Necessary details, including complete information for making connections with other work.
d. Kinds of materials and finishes.

Shop drawings shall be dated and contain (a) name of project, (b) descriptive names of equipment,
materials, and classified item numbers, (c) location at which materials or equipment are to be
installed in work.

5.04 LETTER OF TRANSMITTAL: Submission of shop drawings shall be accompanied by a letter of


transmittal in duplicate, containing name of project, Contractor’s name, number of drawings, titles,
and other pertinent data.

5.05 CORRECTIONS, CHANGES AND VARIATIONS:


The contractor must submit three sets of shop drawings to the architect for approval. If satisfied, the
Architect will identify and date the drawings. If disapproved, one set will be returned with the
necessary corrections. The contractor must make any necessary changes and resubmit the drawings
in duplicate until approval is obtained. The architect will give the contractor additional copies of the
approved drawings. Work will not be completed until approval is granted. If shop drawings differ
from contract requirements, the contractor must mention them in their letter of submission.
Approval is general and does not absolve responsibility for accuracy or material provision.

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

ART. 6 : LAWS, REGULATIONS AND SITE CONDITIONS


6.01 LAWS AND REGULATIONS: In general, the Contractor shall comply with all the laws, city and
municipal ordinances, and all Building Codes, rules and regulations, in so far as they are binding
upon or affect the parties hereto, the work, or those engaged thereon. He shall also comply with
regulations of firms furnishing utilities such as water, gas, telephone and electricity for the project. If
the Contractor performs any work contrary to such laws, ordinances, rules and regulations, and
without such notice to the Architect, he shall bear all costs arising therefrom.

6.02 SITE CONDITIONS: Before the bidding and the awarding of the contract, the Contractor is
expected to have visited the locality of the work and made his own estimates of the facilities and the
difficulties attending to the execution of the proposed contract, including local conditions and all
other contingencies. No extra compensation and extension of time will be given due to negligence or
inadvertence of the Contractor.

ART. 7 : PERMITS, TAXES AND SURVEYS

7.01 PERMITS AND LICENSES: The contractor must secure all necessary construction permits and
licenses for the work, including temporary work and easements. Owners may reimburse the
contractor if specified. The contractor is responsible for actions taken before acquiring permits and
licenses. They must also secure final occupancy permits, but not for non-issuance or delays.

7.02 TAXES: Wherever the law of the place of building requires a sale, consumer, use, or other
similar
tax related or pertinent only to the construction of the project, the Contractor shall pay such tax.

7.03 CONSTRUCTION STAKES AND REFERENCE MARKS: Owner must establish lot lines, boundary
lines, easements, and benchmarks by certified surveyor, while Contractor maintains other grades,
lines, levels, and benchmarks for work prosecution. Owner pays for services.

a. The Contractor shall verify all grades, lines, levels and dimensions as indicated on the Drawings.
He shall report any error or inconsistency to the Architect before commencing work.

b. The Contractor shall provide and maintain well-built batterboards at all corners. He shall
establish benchmarks in not less than two widely separated places. As wrk progresses, he
shall establish benchmarks at each floor giving exact levels of various floors.

c. As work progresses, the Contractor shall lay out exact location of all partitions as a guide to all
trades.
7.04 SERVICES OF LICENSED SURVEYOR: The Contractor shall pay for services of a licensed
surveyor when so required to confirm and certify the location of column centers, piers, walls, pits,
trenches, pipe work, culvert work, utility lines and work of similar nature required by the Contract. A
copy of such certification shall be furnished the Architect. It is the intention that the Surveyor’s

Certification shall represent an independent and disinterested verification of such lay-out.

a. The Contractor shall furnish certifications from licensed surveyor that all portions of work are
located in accord with Contract requirements and at elevations required thereby.

b. The surveyor shall promptly verify and certify to lines and levels of any portion of subdivision of
work at any time may be deemed necessary by the Architect. Any deviation from the Drawings
shall be certified to the Architect within 24 hours of discovery of the same.

7.05 FINAL CERTIFICATION: The final certification, requiring any deviations from the drawings, must
be submitted after work completion or any required section, and must include necessary maps,
plots, and notes.

SECTION III
EQUIPMENT AND MATERIALS

ART. 8 : GENERAL

The contractor is required to adhere to all laws, ordinances, regulations, and building codes
during construction. They must obtain necessary permits and pay fees to the authorities. The
contractor is responsible for any damages due to delays in work resulting from non-compliance.
However, if any revisions or amendments to these laws or codes affect the cost or completion time
of the contract, a corresponding adjustment will be made.

ART. 9 : EQUIPMENT

9.01 QUALITY OF EQUIPMENT

To establish quality standards, the Architect and Engineer specified the equipment by name and
catalogue number in detailed specifications. Before signing the contract, the Contractor must
provide a list of proposed substitutions along with engineering data. Substitutions must be
submitted in writing by the General Contractor, and approval or disapproval is given within a
reasonable time.

9.02 EQUIPMENT APPROVAL DATA

The Contractor shall furnish three copies of complete catalog data for every manufactured
item of The contractor is in charge of compiling and approving a submission of equipment and
components for the project, which includes performance data, material description, rating, capacity,
working pressure, material gauge or thickness, brand name, catalog number, and general type. The
submission must be indexed by specification section and paragraph for easy reference. It becomes
part of the contract and cannot be altered without written approval. The approved catalog data does
not supersede the Contract Documents, and the contractor is not absolved of responsibility for
deviations from the Drawings or Specifications. The contractor must verify the work described in the
catalog data against the Contract Documents for deviations and errors. They must ensure that items
fit the available space, take necessary field measurements, and order equipment sizes.

ART. 10 : MATERIALS, FIXTURES, APPLIANCES, AND FITTINGS FURNISHED BY THE CONTRACTOR

10.01 MANUFACTURERS AND DEALERS

The Architect must approve names of proposed manufacturers, material men, and dealers for
materials, fixtures, appliances, or fittings. Approval is granted only to manufacturers with a good
reputation, ample capacity, quality control, and successful product production. All transactions with
manufacturers or sub-contractors must be through the Contractor. The Contractor must provide
complete information from Specifications and Drawings and inform the manufacturer or dealer of
contract requirements. Materials must be properly coded or identified to indicate class grade or
quality.

10.02 SAMPLES OF MATERIALS

The contractor must provide three samples for approval, ensuring work is completed in accordance
with approved samples. Each sample should be labeled with material name, quality, contractor's
name, date, project name, and other relevant data. If specifications require manufacturer's
installation directions, they should be accompanied by the samples. A letter of transmittal from the
contractor requesting approval should accompany all sets of samples. Transportation charges must
be prepaid for all samples. Materials must be ordered after written approval.

10.03 TRADE NAME MATERIALS AND SUBSTITUTES:

The text states that only specified items or classes of material should be used, except as specified in
paragraph (b). Substitutions must be approved in writing by the Architect, and without approval,
materials may face rejection. Samples of materials for reinforced concrete work, such as steel bars,
cement, and aggregates, must also be approved by the Architect.

10.04 TESTING SAMPLES OF MATERIALS

The Contractor shall submit to the Architect as many samples as may be needed for purposes of
testing. Testing of all samples shall comply with the Specifications and government standards and
shall be performed by a competent entity or testing laboratory approved by the Architect. All costs
for shipment, delivery, handling, and testing of samples are to be paid by the Contractor.

10.05 QUALITY OF MATERIALS

Unless otherwise specified, all materials shall be new. The quality of materials shall be of the best
grade of their respective kinds for the purpose. The work shall be performed in the best and most
acceptable manner in strict accordance with the requirements of the Drawings and Specifications.

The decision of the Architect as to quality and quantity of work and material shall be final and
precedent to the Contractor’s right to receive any money hereunder.

10.06 STORAGE AND STOCKPILING OF MATERIALS:

a. The Contractor shall allot suitable space to sub-contractors for storage of their materials and for
erection of their sheds and tool houses.
b. All cement, lime, and other materials affected by moisture shall be stored on platforms and
protected from weather. Materials shall be so stored as to insure the preservation of their quality
and fitness for the work. Stored materials shall be located so as to facilitate prompt inspection.

c. Should it be necessary at any time to move materials, sheds, or storage platforms, the Contractor
shall do so at his own expense.

10.07 DEFECTIVE MATERIALS

The Specifications state that materials not meeting the requirements are considered defective and
cannot be used until approval is given. If the Contractor fails to comply, the Architect has the
authority to remove and replace defective materials and deduct the cost from any due money. The
absence of details in the Specifications, Drawings, Special Provisions, and Supplementary
Specifications implies that only first-class quality materials and workmanship are used. Failure or
neglect to condemn or reject bad or inferior materials does not imply acceptance if discovered
before final acceptance by the Owner and release of the Contractor.

10.08 IMPORTED MATERIALS, FIXTURES AND EQUIPMENT: The Contractor shall take cognizance of
the time element of the Contract. He shall make early arrangements for the purchase and delivery of
all specified imported materials, fixtures, appliances and equipment in order to avoid delay in the
completion of the work.

No extension of time or substitution of materials shall be allowed due to negligence or inadvertence


of the Contractor.

ART. 11 : MATERIALS, EQUIPMENT, FIXTURES, APPLIANCES AND FITTINGS FURNISHED BY THE


OWNER

The Owner must provide materials, equipment, fixtures, appliances, and fittings as per a agreed
delivery schedule between the Owner and the Contractor. The Owner's obligation to furnish
material is proof of its suitability for the intended purpose. The Contractor can continue using the
material until directed otherwise. If a defect is found, the Contractor must inform the Architect. The
Contractor is responsible for material loss or damage after receiving the materials unless accepted
for safekeeping by the Owner.

ART. 12 : ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees on all patented materials and processes
furnished by him. He shall defend all suits or claims corresponding thereto for infringement of any
patent rights and shall save the Owner harmless from loss on account thereof.

ART. 13 : MANUFACTURER’S DIRECTIONS

All manufactured articles, materials, equipment, appliances, fixtures and fittings shall be applied,
installed, connected, erected, used, cleaned, and conditioned, in accordance with manufacturer’s
printed directions, unless herein specified to the contrary. Where reference is made to
manufacturer’s directions, the Contractor shall submit specified number of copies of such directions
to the Architect.
SECTION IV
PPREMISES AND TEMPORARY STRUCTURES

ART. 14 : USE OF PREMISES

14.01 LIMITATION OF USE: The Contractor shall confine his apparatus, the storage of materials, and
the operations of his workmen to limits indicated by the law, ordinances, permits, or directions of
the Architect and shall not unreasonably encumber the premises with his materials.

14.02 SAFEGUARD FOR STRUCTURE: The Contractor shall not load or permit any part of the structure
to be loaded with a weight that will endanger its safety.

The Contractor shall enforce the Architect’s instructions regarding signs, advertisements, fires and
smoking.

ART. 15 : TEMPORARY STRUCTURES AND FACILITIES

For providing and maintaining a weather-tight temporary office with water, light, telephone,
and toilet facilities for the Architect, resident engineers, inspectors, contractor, and sub-contractors,
the contractor will be held responsible. The office should have a wooden floor raised above the
ground, windows, doors, locks, tables, closet, blackboard, tack board, benches, and racks for
drawings. A room of approximately 12 square meters is provided for the Architect's use.

Temporary housing for workers is permitted only at designated locations, with sanitary conditions
maintained in a satisfactory manner. No sleeping or cooking is allowed within the building line. The
contractor must provide ample sanitary toilet accommodation and water connections for personnel
and laborers, secluded from public observation, and strictly enforce their use.

The contractor must furnish and install temporary barricades and guard lights necessary for the
protection, proper prosecution, and completion of the project. They must make arrangements with
local utility companies to ensure sufficient water, power, and telephone facilities are provided until
the project is completed.

No signs or advertisements are allowed without the Architect's approval, and the contractor may
erect one painted sign with names and addresses. Temporary roadways must be constructed and
maintained to provide access to the building and not endanger existing or newly installed
underground structures.

Furthermore, this article states that The contractor is responsible for providing and maintaining
temporary equipment such as stairs, ladders, ramps, scaffolds, runways, derricks, and chutes for the
proper execution of work by all trades. This equipment must meet labor law and local laws. The
contractor must install and operate an adequate number of hoists and elevators, ensuring they are
located at exterior sides of the structure and extend upward adjacent to window openings. They
must be protected from damage and staining providing temporary weather tight enclosures for all
exterior openings, equipped with self-closing hardware and padlocks. All exterior windows must
have temporary sash frames that can be removed when needed. Temporary or trial usage of any
mechanical device, machinery, apparatus, equipment, or work supplied under the contract before
final completion and written acceptance by the Architect is not considered evidence of the
Architect's acceptance. The contractor may, at their own expense, place satisfactory persons to
make such trial usage and remove all temporary structures from the premises and clean the
premises as a condition for completing the work and before acceptance by the Owner.
SECTION V

PROTECTION OF WORK AND PROPERTY

ART. 16 : PROTECTION OF WORK AND OWNER’S PROPERTY

The contractor is responsible for ensuring adequate protection for their work and the
owner's property, including any materials provided by the owner. They must compensate for any
damage, injury, or loss, with the exception of those caused by the owner's agents or employees or
acts of God. The contractor must provide dependable and competent watchmen to protect the site
and premises, as well as ensure that all doorways are locked under their control. Smoking is
prohibited on the premises, and fires can only be built with the architect's express permission. The
contractor must provide and maintain water barrels and fire buckets for fire protection, as well as an
adequate supply of fire extinguishers.

ART. 17 : PROTECTION OF ADJACENT PROPERTY AND EXISITING UTILITIES

It is the contractor's responsibility to safeguard neighboring property, insulate it from wind, floods,
and other potential dangers, and cover it as needed. Any damages resulting from their acts,
negligence, agents, employees, or workers are entirely their responsibility. If the contractor is at
fault or careless and damages already-existing utilities, they will have to be repaired at their
expense. In addition, the contractor bears financial liability for any harm sustained by their
representatives, staff, or laborers.

ART. 18 : PROTECTION OF LIFE, WORK AND PROPERTY DURING AN EMERGENCY

In emergencies affecting life, work, or property, the Contractor is allowed to act at their discretion
without special instruction or authorization from the Architect or Owner. They must act without
appeal if instructed or authorized. Compensation for emergency work will be determined by the
arbitration agreement.

SECTION VI

LABOR, WORK AND PAYMENTS

ART. 19 : LABOR

19.01 CHARACTER OF WORKMEN: It is required of the contractor to hire skilled workers, such as
engineers, superintendents, foremen, mechanics, laborers, and artisans. Upon written request from
the architect, the contractor is required to terminate any employee who is determined to be
irresponsible, incompetent, or impeding progress. The Architect reserves the right to refuse
payment or to halt work until the contractor removes unsatisfactory employees or provides
sufficient equipment. An engineer or architect license is required if the contractor oversees the work
directly. At the project site, the contractor is required to keep a capable Project Engineer or
Superintendent on hand, along with any necessary assistants. In the event of the contractor's
absence, the project engineer or superintendent acts as their representative and is fully authorized
to carry out directives and provide the required supplies of labor, plants, tools, and materials.

ART. 20 : WORK
20.01 METHODS AND APPLIANCES: The Contractor must use methods and appliances that produce
satisfactory work quality and progress, ensuring completion within the contract time. The Architect
may order the Contractor to improve efficiency if necessary, but failure to do so does not relieve the
Contractor from their obligation to meet the required quality and progress. If necessary, the
Contractor must provide the Architect with full information about the machinery manufacturer and
performance capacities.

20.02 LAYING OUT THE WORK: The Contractor shall lay out the lines and grades of the work as per
conditions set forth under Article 7.03 (Construction Stakes and Reference Mark) of the General
Conditions.

All stakes, benchmarks, etc., placed by the Contractor in laying out the work, approved by the
Architect, shall be carefully guarded and preserved by the Contractor. In case such stakes or marks
are displaced or rendered useless through the carelessness or neglect of the Contractor or of his
agents, employees, or workmen, they should be replaced by the Contractor at his own expense.

20.03 INSPECTION OF WORK: The Owner, Architect and their representatives shall at all times have
access to the work wherever it is in preparation or progress and the Contractor shall provide proper
facilities for such access and for inspection.

The contractor is responsible for providing the Architect with necessary inspection notices and a
fixed date for inspections if necessary. Inspections should be conducted promptly and at the source
of supply. If work is covered up without the Architect's approval, it must be uncovered at the
Contractor's expense. If questioned work is ordered, the Contractor must uncover it at their
expense. If the work is found to be in conflict with the Contract Documents, the Contractor must pay
the cost. The Contractor must provide necessary facilities, labor, and materials for inspections and
tests without unnecessary delays. If the work is found defective, the Contractor must cover the
expenses for examination and reconstruction. If the work meets the contract's requirements, the
Contractor can cover the actual cost plus 15%.

20.04 DEFECTIVE WORK: Defective work may be condemned by the Architect at any time before the
final acceptance of the work, and when such work has been condemned it shall be taken out
immediately by the Contractor and rebuilt in accordance with the Drawings and Specifications.
Failure or neglect on the part of the Architect or any of his agents to condemn or reject bad or
inferior work, shall not be construed to imply an acceptance of the work of the same if such bad or

inferior work is discovered at any time prior to final acceptance of the work by the Owner and the
release of the Contractor.

20.05 WORK DURING AN EMERGENCY: The Contractor must promptly notify the Architect and
Engineer of an emergency threatening life or property, ensuring they promptly protect both parties.

20.06 INCREASED OR DECREASED QUANTITIES OF WORK: During construction, adjustments to


drawings may be necessary due to unforeseeable field conditions. These changes are considered
normal margins and not permitted to modify contract prices. Overruns or underruns must not
exceed five percent. Architects must be notified before adjustments.

a.07 CHANGES IN THE WORK:

a. CHANGE ORDERED BY OWNER


The Owner can order additional work or make changes without invalidating the Contract or notifying
sureties, but these must be written orders and signed by the Owner, and no changes are considered
authorized without written instructions.

b. CHANGE OF SUB-SURFACE CONDITIONS: Architects must promptly address sub-surface conditions


found during work, ensuring they are not disturbed. If they find significant differences, they can
make necessary changes to the Drawings and Specifications, with approval from the Owner.

c. ADJUSTMENT OF CONTRACT: The original contract conditions apply to all work, and changes
resulting in increased or decreased amounts or performance time will be adjusted, with written
consent from sureties, and a proportionate additional performance bond provided.

d. VALUE OF EXTRA WORK: The value of extra work or change can be determined through various
methods, including lump sum estimates, unit prices, actual direct cost, and 15% for contractor's
profit, overhead, and tax. The Architect must maintain a correct account of costs and vouchers,
certifying the amount due to the contractor. The Architect must assert adjustment claims within 15
days of the change order, unless extended. The Architect has the authority to make minor changes in
the work, not involving extra cost and not inconsistent with the building's design concept. If an
agreement is not reached, the Owner can have extra work done by another contractor if no
agreement is reached.

20.08 CLAIMS FOR EXTRA COST: The contractor must assert any adjustment claims involving
questions of fact within fifteen days of the change order, unless the Architect extends this time.
Disputes concerning these questions will be decided by the Architect or their representative. The
contractor must also give the Architect written notice of any instructions involving extra cost within
fifteen days, except in emergencies threatening life or property. If the contractor incurs delays in
mobilization or progress due to the owner, they must give the Architect written notice within fifteen
days and proceed to claim for extra cost that may arise from these delays. No claim is valid unless
written notice has been executed.

20.09 CLEANING UP AT COMPLETION OF WORK: It is the contractor's responsibility to keep the work
area neat, tidy, and free of trash and waste. When the job is finished, they have to take out all the
trash, excess materials, scaffolding, and tools and turn it over with clean fixtures, woodwork, metal,
and glazing. They also have to clean all project areas and the building site as it appears on the
drawings. Garbage chutes are required when throwing away trash from windows or other parts of
the building.

20.10 USE OF COMPLETED PORTIONS OF WORK: The Owner shall have the right to take possession
of and use any completed or partially completed portions of the work, notwithstanding that the time
for completing the entire work or such portions may not have expired; but such taking possession
and use shall not be deemed an acceptance of any work not completed in accordance with the
Contract Documents. 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. If such prior use increases the cost of or
delays the completion of uncompleted work or causes refinishing of completed work, the Contractor
shall be entitled to such extra compensation, or extension of time or both, as agreed upon prior to
the occupancy.

20.11 CERTIFICATE OF COMPLETION OF WORK: The Architect must inspect a project upon
Contractor's notice of substantial completion, ensuring the work's value is at least 98% of the
contract amount and any remaining unfinished work is minor. If the contract covers equipment,
fixtures, and utilities, they must be fully tested and run to be considered substantially completed. If
the Contractor cannot test-run the equipment, they will be given a time extension. The Architect will
issue a Certificate of Completion once the work is substantially completed and passes any final
materials test prescribed by the contract. The Architect may issue a Certificate of Completion for any
substantial part completed to the satisfaction of the Architect and occupied by the Owner.

20.12 PERIOD OF MAKING GOOD OF KNOWN DEFECTS OR FAULTS:

The expression “Period of Making Good of Known Defects or Faults” shall mean a period of not more
than sixty calendar days, unless otherwise expressly named in the contract, calculated from the date
of issue of the Certificate of Completion of the whole work or of any part thereof, in accordance with
Article 20.11.

20.13 MAKING GOOD OF KNOWN DEFECTS OR FAULTS: The Contractor must perform all necessary
work to rectify defects, imperfections, or faults within 60 days of the Certificate of Completion or 15
days after its expiration, unless the Architect deems the fault to be due to the Owner or their
representative. If the Contractor fails to do so, the Owner can carry out the work themselves or hire
other contractors. If the work is at the Contractor's expense, the Owner can recover the cost or
deduct it from any monies due.

20.14 SEARCH FOR CAUSES OF DEFECTS OR FAULTS: The Contractor is required to search for defects,
imperfections, or faults under the direction of the Architect, unless the Contractor is not liable under
the Contract. If the Contractor is liable, the cost of the work in searching the defects will be borne by
the Owner. If the Contractor is liable, they must repair, rectify, and make good the defect at their
own expense, in accordance with Article 20.13.

ART. 21 : TIME OF COMPLETION OF WORK

The Contractor must be given a written Notice to Proceed after the Owner executes the Contract
Agreement, and must start and continue the work regularly to ensure completion within the
specified timeframe. If the Contractor undertakes construction without receiving a copy of the
Contract or Notice to Proceed, they do so at their own risk. The Contractor must complete all
contracted work in an acceptable manner within the specified timeframe, with computation of
Contract Time starting on the seventh day from receipt of the Notice to Proceed. The Contractor
must submit a Schedule of Construction Work to the Architect detailing start and completion dates,
equipment, and number of workers. If progress seems unachievable, the Architect may order the
Contractor to take necessary steps to complete the Contract within the specified time.

21.04 EXTENSION OF TIME: The Contractor will be allowed an extension of time based on the
following conditions:

If there is an impediment or delay brought about by the Owner, other contractors, strikes, lockouts,
Acts of God, Force Majeure, or an approved delay by the Architect, the Contractor is required to
request an extension within 15 days. An extension for the purported failure to provide materials or
information cannot be granted by the Architect unless the Contractor has requested in writing at
least ten days in advance of the work's completion and the materials are necessary for the proper
prosecution of the project. If work is delayed, it must be quickly resumed as soon as the reason for
the delay is eliminated or ceases. To enable the Architect to make the required inspection
preparations without postponing the work, the Contractor shall provide written notice to the
Architect at least ten days before commencing, stopping, or returning to the work. Any failure-
related delays or losses will be the Contractor's responsibility, and additional expenses incurred by
the Owner for those delays will be subtracted from the Final Payment.
21.05 LIQUIDATED DAMAGES: It is understood that time is an essential feature of this Contract, and
that upon failure to complete the said Contract within the contract time, the Contractor shall be
required to pay the Owner the liquidated damages in the amount stipulated in the Contract
Agreement, the said payment to be made as liquidated damages, and not by way of penalty. The
Owner may deduct from any sum due or to become due the Contractor any sums accruing for
liquidated damages as herein stated. For purposes of calculating, the actual completion date shall be
the date certified by the Architect under Article 20.11 hereof.

ART. 22 : PAYMENTS

22.01 DETAILED BREAKDOWN OF CONTRACT AMOUNT: Except in cases where unit prices form the
basis for payment under the Contract, the Contractor shall, within fifteen (15) days from the receipt
of Notice to Proceed, submit a complete Breakdown of Work and Corresponding Value of the
Contract Amount showing the value assigned to each part of the work, including the allowance for
profit and overhead. Upon approval of Breakdown of Work and Corresponding Value by the
Architect, it shall be used as the basis for all Requests for Payment.

22.02 REQUESTS FOR PAYMENT: The Contractor can submit a Request for Payment once a month,
detailing the progress of the work. The Contractor must provide the Architect with necessary
facilities for information. Payments are calculated from work completed and previous payments,
with no retention after 50% of the contract is completed. Material or item payments are generally
not made, except for immediate acquisition due to shortages or transportation difficulties.

22.03 PROGRESS PHOTOGRAPHS TO ACCOMPANY REQUEST FOR PAYMENT: The contractor is in


charge of sending the architect monthly progress shots that were taken from specific station
locations outside the structure. The 6" x 8" photos need to have four exposures on each side. For
approval, the contractor needs to submit eight prints.

22.04 ARCHITECT’S ACTION ON A REQUEST FOR PAYMENT: Within fifteen (15) days after receipt of
any Request for Payment by the Contractor, the Architect shall either issue a Certificate of Payment
or withhold the Request for Payment. When the Architect decides to withhold the Request for
Payment, he shall inform the Contractor in writing the reasons for withholding it. If the Contractor
and Architect cannot agree on a revised amount, the Architect will issue a certificate of payment for
the amount which he is also able to make representations to the Owner.

The Certificate of Payment shall include the value of work accomplished by the Contractor during
the period covered by the certificate and recommendation to the Owner for payment in an amount
the Architect decides to be properly due.

22.05 APPROVAL WITHHELD: The Architect may recommend withholding of payment in whole or in
part on any approved Request for Payment on account of any of the following reasons:

a. Defective work not remedied.


b. Claims filed or reasonable evidence indicating probable filing of claims.
c. Failure of the Contractor to make payments properly to sub-contractors or for material or labor.
d. A reasonable doubt that the Contract can be completed for the balance then unpaid.
e. Damage to another Contractor.

When the above grounds are removed, payment shall be made for amounts withheld.
22.06 CONDITIONS RELATIVE TO CERTIFICATES OF PAYMENT:

a. The Architect shall estimate the value of work accomplished by the Contractor using as a basis the
schedule stipulated in the Breakdown of Work and Corresponding Value. Such estimates of the
Architect shall be final and conclusive evidence of the amount of work performed, and shall be taken
as the basis for the full measure of compensation to be received at the time by the Contractor. Such
preliminary estimates of amount and quantity shall not be required to be made by strict
measurement or with exactness, but they may, at the option of the Architect, be approximate only.

22.07 OWNER’S ACTION ON AN APPROVED REQUEST FOR PAYMENT OR CERTIFICATE OF


PAYMENT: Within fifteen (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 as certified by
the Architect or pay such other amount as he shall decide is due the Contractor, informing the
Contractor and the Architect in writing of his reasons for paying the amended amount.

Owner’s failure to pay the amount involved would be subject to payment of interest based on
banking loan rates prevailing at the time of the signing of the Contract.

22.08 PAYMENT OF CONTRACTOR’S OBLIGATIONS: The Contractor shall pay punctually all workmen
employed by him on his project at such rates as are provided by existing laws. He shall also pay
promptly all materials and equipment used by him on his project, and all taxes due from him. He
shall remit as required by law all amounts withheld from the salaries or wages of his employees or
workmen.

If required, he shall furnish the Owner with a statement sworn to before an officer duly authorized
to administer oath that all persons who have done work or furnished materials under this Contract
have been duly paid. If such written evidence is not furnished before the final payment under the
Contract falls due, said Owner may after due notice to and clearance by the Contractor pay such
lawful claims in whole or in part to any person, firm, or corporation claiming the same, and charge
the amount thus paid to said Contractor, who will accept the same as payment from the amount due
on the Contract.

22.09 PAYMENTS OVER 65 PERCENT: No payment shall be made on contracts in excess of sixty-five
percent (65%) of the Contract Price, unless a statement sworn to before an officer duly authorized to
administer oath as submitted by the Contractor to the effect that all bills for labor, other than
current wages, and all bills for materials have been duly paid by the Contractor and his Sub-
contractor, if any, excepting only such bills as may be enumerated in such sworn statement.

Provided, however, that should such sworn statement turn out false, the Owner and the work
covered thereby shall not be liable for any claim or lien arising from the failure to pay and other
cause, provided for in this clause. The Contractor does hereby bind itself solely answerable for any
such liens should the same arise.

22.10 CORRECTION OF WORK BEFORE FINAL PAYMENT: The Contractor shall promptly remove from
the premises all work condemned by the Architect as failing to conform to the Contract, whether
incorporated or not, and the Contractor shall promptly replace and re-execute his own work in
accordance with the Contract and without expense to the Owner and shall bear the expenses of
making good all work of other contractors destroyed or damaged by such removal or replacement.
If the Contractor does not remove such condemned work within a reasonable time, fixed by written
notice, the Owner may remove them and may store the material at the expense of the Contractor. If
the Contractor does not pay the expenses of such removal within ten days’ time thereafter, the
Owner may, upon ten days’ written notice, sell such materials at auction or at private sale and shall
account for the net proceeds thereof, after deducting all the costs and expenses that should have
been borne by the Contractor.

22.11 OTHER REQUIREMENTS BEFORE FINAL PAYMENTBefore final payment, the contractor must
submit a certificate of final building occupancy, final inspection of utilities, original and three sets of
prints of "As-Built Drawings," Directory of Panel Boards, Instruction and Manual for operating and
maintaining fixtures and equipment, and Keying Schedule. A guarantee bond equivalent to 30% of
the contract price covering one year after final acceptance is required, which must be in the form of
securities approved by the Owner.

22.12 ACCEPTANCE AND FINAL PAYMENT: The Architect will verify the work, make final estimates,
certify completion, and accept the work. The Owner must pay the Contractor promptly after the
certificate is executed, except for lawful retention. Final payment must be made before the
Contractor submits a statement to an authorized officer, showing all taxes and obligations have been
paid. The Architect has the right to reject work if it violates Drawings, Specifications, or Contract
conditions. Accepting final payment waives all claims by the Contractor.

22.13 CORRECTION OF WORK AFTER FINAL PAYMENT:

If there are any errors in the materials or workmanship, the Contractor is liable and has a year from
the date of acceptance to correct the problems. Neither the Contract Documents nor any particular
guarantees will restrict the Contractor's liability. Defects must be reported by owners as soon as
possible, and the architect will resolve any disagreements through arbitration. Following final
payment, retention amounts will be made available within three months.

SECTION VII

CONTRACTOR – SEPARATE CONTRACTORS – SUB-CONTRACTORS RELATIONS

ART. 23 : SEPARATE CONTRACTS TO OTHER CONTRACTORS

23.01 OWNERS’S RIGHT TO LET OTHER CONTRACTS: The Owner reserves the right to let other
contracts in connection with this work.

ART. 24 : CONTRACTOR – SEPARATE CONTRACTORS RELATIONS

This contract requires the contractor to provide reasonable storage and coordination for other
contractors, minimizing interferences in the project's progress. They must perform necessary
cutting, fitting, and digging to ensure the structure's parts fit for other contractors' work. The
contractor must report any defects in their work, if it depends on another contractor's work, to the
Architect. If the contractor causes damage to a separate contractor, they must settle with them by
agreement or arbitration, relieve the owner of any liability. The contractor must not endanger any
work by cutting, digging, or altering any contractor's work without the Architect's consent.

ART. 25 : SUB-CONTRACTORS
This contract does not allow subletting or subcontracting of the entire work, but certain parts or
specialty work can be sublet or subcontracted, subject to Article 25.02. The contract does not
establish any contractual relationship between sub-contractors and the owner. The contractor must
seek Architect's clarification 15 days before bidding and submit a list of potential subcontractors for
approval.

ART. 26 : CONTRACTOR – SUB-CONTRACTORS RELATIONS

26.01 THE CONTRACTOR AGREES:

The subcontractor is bound by the Owner's obligations under the Agreement, General Conditions,
Drawings and Specifications, and provisions for remedies and redress. The Owner must pay the
subcontractor upon payment of certificates, as per the schedule of values. The subcontractor must
also be paid on demand for their work or materials, even if the Architect fails to issue it. The
subcontractor must not demand liquidated damages or penalties for delay. The subcontractor must
have an opportunity to present and submit evidence in arbitration.

26.02 THE SUB-CONTRACTOR AGREES:

The Contractor is bound by the Terms of Agreement, General Conditions of the Contract, Drawings
and Specifications, and assumes all obligations and responsibilities towards the Owner. They must
submit payment applications in reasonable time and can make claims for extras, extensions,
damages, delays, and delays, with a one-week time limit for extra cost claims.

26.03 THE CONTRACTOR AND THE SUB-CONTRACTOR AGREE THAT:

In the matter of arbitration, their rights and obligations and all procedure shall be analogous to
those set forth in the Contract; provided, however, that a decision by the Architect shall not be a
condition precedent to arbitration.

SECTION VIII

SUSPENSION OF WORK AND TERMINATION OF CONTRACT

ART. 27 : CONTRACTOR’S RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT:

The Contractor can suspend work or terminate the Contract with 15 days' written notice to the
Owner and Architect for reasons such as court orders, failure to act on payment requests, failure to
pay the Owner, or arbitration award. If the Contractor is forced to suspend work due to hardships,
the contract sum will be increased by the contractor's reasonable costs of shutdown, delay, and
start-up.

ART. 28 : OWNER’S RIGHT TO TERMINATE CONTRACT:

The Owner can terminate a contract with a Contractor after 15 days' written notice, if sufficient
cause exists. This can occur if the Contractor declares bankruptcy, violates contract documents, fails
to complete the work according to schedule, fails to provide a qualified superintendent, competent
workmen, or proper materials, or fails to make prompt payments.
ART. 29 : OWNER’S RIGHT TO PROCEED WORK AFTER TAKEOVER FROM CONTRACTOR

29.01 USE OF MATERIALS AND EQUIPMENT AT SITE: The Contractor, upon receiving notice of the
termination of contract, shall vacate possession and deliver the said work, or the parts thereof
specified in said notice, peaceably to the Owner. All materials, plant, appliances and other essential
equipment as may be needed by the construction of the project, shall, at the option of the Architect,
remain on the work until completed, at such rental as may be considered reasonable.

In case such materials and/ or equipment do not belong to the Contractor, then the Architect shall
have the option to retain them for use in the project at the cost of the failing Contractor, or pay
reasonable rent for the use, chargeable against the Contractor.

29.02 OWNER TO COMPLETE WORK: The Owner shall then take over the work and proceed to
complete the same by administration or otherwise, and use such tools, appliances and materials of
every description as may be found upon the line of said work, or at points where materials are built
or framed for the work and also procure such other tools and materials for the completion of the
work as may be required.

29.03 EVALUATION OF COST OF WORK: The Architect will determine the value of unpaid work
completed by the Contractor and usable materials taken over by the Owner upon termination of the
Contract. If the Owner's total expenditures do not exceed the Contract Price, the difference can be
used to settle claims and the Contractor may pay the remaining balance. No amount exceeding the
combined value of unpaid work, retained percentage, and usable materials taken over by the Owner
at the termination will be paid. Any claims for prospective profits on work after termination will not
be considered. In case of work suspension, all unpaid work will be evaluated and charged to the
Owner.

29.04 OWNER’S RIGHT TO RECOVER LIQUIDATED DAMAGES: The Owner's right to recover
damages for failure to complete a work is not waived when the work is taken over by administration
or re-let to another contractor. The Contractor and/or their sureties are liable for the total daily
liquidated damages up to the day before the Owner takes over the work and the excess cost
incurred over the Contract Price, including architectural managerial and administrative services,
supervision, and inspection from the time the Owner takes over the work.

SECTION IX
RESPONSIBILITIES AND LIABILITIES OF CONTRACTOR AND OF OWNER

ART. 30: CONTRACTOR’S RESPONSIBILITY FOR ACCIDENTS AND DAMAGES


30.01 SAFEGUARDS TO BE UNDERTAKEN BY CONTRACTOR: The contractor is responsible for
ensuring the safety of employees and workmen during their work, adhering to safety laws, building
codes, and government regulations. They must maintain and erect necessary safety measures such
as barriers, shoring, supports, braces, lights, danger signs, and safeguards to protect workers and the
public, and prevent accidents and property damage.

The Contractor shall designate a responsible member of his organization on the work, whose duty
shall be the prevention of accidents and damage to the Owner’s property and adjoining property.
The name and position of the person so designated shall be reported to the Architect by the
Contractor.
30.02 CONTRACTOR’S RESPONSIBILITY: 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; for
the Contractor’s plant or materials, for any damage done by or to them from any source or cause;
and damages caused by the Contractor or his employees to any property of the Owner and adjoining
property. All damages shall be the responsibility of the Contractor.

30.03 INDEMNITY: The Contractor is responsible for indemnifying the Owner from all losses, claims,
demands, payments, suits, actions, recoveries, and judgments arising from their actions or omissions
in the execution of work or guarding it. The Contractor settles claims for payment and damages at
their own expense, satisfying the Architect and parties involved. If the Contractor fails to repair
damages and pay claims, the Owner can repair and pay, deducting the entire cost from the
Contractor's payments.

ART. 31 : CONTRACTOR’S INSURANCE AND BONDS

The contractor is required to secure and maintain insurance from an acceptable company to protect
themselves, their sub-contractors, and the owner from claims for bodily injury, death, or property
damage. The contractor must obtain all required insurance and file a certificate or certified copy
with the owner. The insurance policy must have a clause stating that it cannot be cancelled without
ten days' written notice. The contractor must also secure and maintain fire insurance policies on
structures and materials in the name of the owner.

The contractor must provide a Performance Bond equal to 15% of the contract amount for faithful
work and a 15% Payment Bond covering payments and obligations arising from the contract. These
bonds will remain in effect until replaced by the Contractor's Guarantee Bond. The Performance and
Payment Bonds will be released by the owner after two months from the final acceptance of the
work, and only after the Contractor has furnished a Guarantee Bond of 30% of the total contract
cost.

The contractor is required to secure warranties from sub-contractors and deliver copies to the
owner upon completion of work. They also warrant all work performed by them directly and for
which guarantees are required. The contractor must guarantee all materials and workmanship
installed under the contract to be of good quality for a period of one year or longer, as evidenced by
the date of the final certificate issued by the Architect. If defects develop due to faults in material or
workmanship, the contractor agrees to make repairs and corrective work to the Architect's
satisfaction within five days after written notice. If the contractor fails to complete the work, the
owner may charge the cost against monies retained in the agreement.

ART. 32 : OWNER’S RESPONSIBILITIES AND LIABILITIES

The owner is responsible for maintaining insurance for employees and professionals performing
services for the project. They must provide a list of personnel to be covered and their corresponding
coverage amount. The owner can also choose to maintain insurance for contingent liability for
damages and other liability required by the contractor.

ART. 33 : LIENS, DISPUTES AND ARBITRATION

33.01 LIENS: The final payment and retained percentage will not be due until the Contractor
provides the Owner with a complete release of all liens or full receipts, including all labor and
materials for which a lien could be filed. If a sub-contractor refuses to provide a release or receipt,
the Contractor may provide a bond to indemnify the Owner. If a lien remains unsatisfied after all
payments are made, the Contractor will refund the Owner all monies, including costs and attorney's
fees.

33.02 ASSIGNMENT:

Before assigning or subleasing work, the Contractor must have the Owner's written consent;
otherwise, the Contractor will remain fully liable and responsible. The subcontractor's insurance
coverage must be verified by the Owner. The Contractor shall hold the Owner harmless from any
loss or expense in the event that the Contract is assigned or sublet. The Owner retains all rights to
breach the Contract in the event that it is transferred without consent, but the Owner may decline
to perform.

33.03 DAMAGES: Should either party to this Contract suffer damagers because of any wrongful act
ort neglect of the other party or of anyone employed by him, claim shall be made into writing to the
party liable within a reasonable time of the first observance of such damage and not later than the
final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and
shall be adjusted by agreement or arbitration.

33.04 DISPUTES:

The Architect must make decisions on Owner or Contractor claims, work execution, and Contract
Document interpretation within a reasonable time. Disputes concerning fact will be decided by the
Architect, which is final and conclusive. If the Architect fails to render a decision within 15 days,
arbitration may be demanded. The Architect's decisions may be entered as evidence.

33.05 ARBITRATION: The Contract requires arbitration for disputes, claims, or questions. Notice of
the demand must be filed in writing with the other party and the Architect. A Board of Arbitration is
formed when formal arbitration is requested, with the Owner and Contractor appointing members.
Decisions require a simple majority, and all interested parties are informed. The arbitrators'
decisions are a condition precedent to legal action. Contractors must not delay work during
arbitration proceedings.

SECTION X

AUTHORITY OF ARCHITECT, ENGINEERS AND PROJECT REPRESENTATIVES

ART. 34 : ARCHITECT’S STATUS

Throughout construction, the architect serves as the owner's representative, supervising work and
making decisions on the owner's behalf in accordance with written agreements or contract
documents. They may halt work as needed to guarantee contract fulfillment, but they will not
absolve the Contractor of contract compliance or their duty to safeguard people and property. The
architect makes decisions regarding contract terms, material quality, performance, and the
interpretation of drawings and specifications. The Owner appoints a qualified and respected
architect, whose status under the Contract is that of the previous Architect, in the event that the
Architect is terminated.
ART. 35: AUTHORITY AND RESPONSIBILITIES OF THE ENGINEERS
Engineers are responsible for their designs, computations, and services in preparing Drawings and
Specifications. They assist the Architect in supervision and direction, inspect work for conformity,
report discrepancies, and make recommendations. They must perform necessary professional
services, subject to inter-professional agreements or existing contracts, and adhere to professional
ethics.

ART. 36: AUTHORITY AND DUTIES OF THE PROJECT REPRESENTATIVES, RESIDENT ARCHITECTS,
RESIDENT ENGINEERS OR CONSTRUCTION INSPECTORS

3The owner may employ Project Representatives, Resident Architects, Resident Engineers, or
Construction Inspectors to supervise the project. Their duties are specified in the Contract's Special
Provisions. If disputes arise, they can reject materials or suspend work until the Architect decides.
The contractor is responsible for ensuring work complies with Drawings, Specifications, and Contract
Documents.
SECTION XI

SCHEDULE OF TIME LIMITS

The Contractor performs his work subject to certain Time Limits. This indexed section, as based on
the entire General Conditions, is provided for in order to facilitate the execution of his work

UAP DOCUMENTS

STANDARDS OF PROFESSIONAL PRACTICE (SPP)


Annex “A”
Promulgated as Part of the IRR of
R.A. No. 9266, known as “The Architecture Act of 2004”
and to be known hereinafter as the
SPP Documents
(replacing the 1979 UAP Docs. 201 through 209)

A. GENERAL DEFINITIONS
1. State shall refer solely to the National Government of the Republic of the Philippines.

2. Standards of Professional Practice (SPP) is a required document under Sec. 41 of R.A. No. 9266
(The Architecture Act of 2004) and its Implementing Rules and Regulations (IRR).

3. Commission as used for this SPP and the succeeding SPP documents shall refer only to the
Professional Regulation Commission (PRC), duly created under R.A. No. 8981 (The PRC
Modernization Act of 2000).

4. Board as used for this SPP and the succeeding SPP documents shall refer only to the Professional
Regulatory Board of Architecture (PRBoA), duly created under R.A. No. 9266 and its IRR and under
the supervision and administrative control of the Commission.

5. Architect as used for this SPP and the succeeding SPP documents shall refer only to a Registered
and Licensed Architect (RLA), a natural person under Philippine law and jurisprudence with a valid
certificate of registration and a valid professional identification card (representing the renewable 3-
year license) for the lawful practice of the State-regulated profession of Architecture. Depending on
the SPP, the term Architect may also refer to Architectof-record (Aor), Architect in charge of
construction (Aicc), Consulting Architect (CA) as provided for under R.A. No. 9266.

6. Architectural Firm (AF) as used for this SPP and the succeeding SPP documents shall refer only to a
juridical person under Philippine law and jurisprudence, duly registered with the Department of
Trade and Industry (DTI) as a sole proprietorship for individual architectural practice or registered
with the Securities and Exchange Commission (SEC) and with the Professional Regulation
Commission (the PRC or hereafter the Commission) as a professional partnership or as an
architectural corporation for group architectural practice by RLAs, subject to full compliances with
Sec. 37 of R.A. No. 9266 and derivative regulations.

7. Architect and Architectural Firm (AF) may be used interchangeably for some of the succeeding
SPP.

8. Professional/s as used for this SPP and the succeeding SPP documents shall refer only to
Registered and Licensed Professionals (RLPs), all natural persons under Philippine law and
jurisprudence with a valid certificate and a valid professional identification card (representing the
renewable license) for the lawful practice of a State-regulated profession other than Architecture.

9. Client, Owner and Project Proponent may be used interchangeably for this SPP and some of the
succeeding SPP.

10. Contractor and General Contractor shall also mean Constructor or Builder, and may be used
interchangeably for this SPP.

11. Bid and Tender shall mean the same.

B. ACRONYMS
ADR - Alternative Dispute Resolution
AF - Architectural Firm
ADC - Architectural Design Competition
Aicc - Architect in charge of construction
Aor - Architect-of-record
BPO - Business Process Outsourcing
CA - Consulting Architect
CEC - Codes of Ethical Conduct
DoLE - Department of Labor and Employment
DTI - Department of Trade and Industry
FPCA - Filipino Professional Consulting Architects
IAPOA - Integrated and Accredited Professional Organization of Architects
KPO - Knowledge Process Outsourcing
MoP - Manual of Procedure
PACS - Professional Architectural Consulting Services
PCA - Professional Consulting Architect
PRC - Professional Regulation Commission
PRBoA - Professional Regulatory Board of Architecture
SEC - Securities and Exchange Commission
RLA - Registered and Licensed Architect
SPP - Standards of Professional Practice
TSP - Temporary/ Special Permit

C. GENERAL NOTES ON THE


SELECTION OF THE ARCHITECT
(Part of the IRR of R.A. No. 9266, replacing the 1979 UAP Doc. 208)

1. INTRODUCTION
A client can use an architect's services in a variety of methods. The kind and complexity of the
project will determine the best process for choosing an architect.

2. SCOPE OF SERVICES
The scope of services will depend on the method by which the Architect is selected.

3. METHODS OF SELECTION

3.1. Direct Selection is a method used for small projects where the client chooses their
architect based on reputation, personal or business acquaintances, former clients, or
recommendations from another architect.

3.2. Comparative selection is a process where committees representing institutions,


corporations, or public agencies conduct a project. The process begins with an invitation, which
includes the Terms of Reference (ToR) for the project. The selection committee may include
representatives from other professions, the construction industry, and experts. Architects and/or
PRC-registered Architectural Firms submit information about their qualifications and expertise. The
Architect then conducts an interview, explaining their methodology for translating the project
requirements. The selection committee may visit the architects' buildings and check references. The
committee may then evaluate and rank entries, recommending the most capable firm. The Architect
then explains the scope of services and the Architect's fee to the client.

3.3. For large-scale or civic projects, an Architectural Design Competition (ADC) is utilized. The
competition could take the form of an idea, design, or design-build contest. The architect serves as
the owner's representative during construction, supervising work and acting on the owner's behalf in
accordance with contract documents or written agreements. Various architects or architectural firms
(AFs) submit plan/design solutions to a specific design problem and are judged on the basis of
comparative excellence. They may halt work as needed to guarantee contract fulfillment, but they
will not absolve the Contractor of contract compliance or their duty to safeguard people and
property.

The Architectural Competition (AOC) is a competition for architects and firms registered with
the Philippine Royal Commission (PRC). It offers a wider range of options for clients and committees.
However, it may be expensive and time-consuming, potentially discouraging qualified firms. Some
potential clients may seek free services under the guise of design competition. Architects must
address ownership and copyright issues under Secs. 20 (4) and 33 of R.A. No. 9266.
The competition is run in compliance with the Architect's Guidelines and with support from
the IAPOA or its local chapters. A sponsor or client, rivals, experts in the field, a jury, and the
architect are among the participants. A natural or legal person must be the sponsor or client, and
Filipino or Philippine-registered and licensed architects (RLAs) in good standing must be the
competitors. Professional advisors must be licensed architects (RLAs) in good standing with the
Philippine Register of Architects. The jury is made up of at least five people who have a reputation
for honesty, impartiality, objectivity, and integrity.
4. METHOD OF COMPENSATION
This will be covered by the respective type of services.

STANDARDS OF PROFESSIONAL PRACTICE (SPP)


ON PRE-DESIGN SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 201 (replacing the 1979 UAP Doc. 201)

1. INTRODUCTION

The Architect's basic services have remained consistent, but they must adapt to client demands,
evolving professional standards, technological advancements, and new laws. Involving the Architect
early in a project can provide objective analysis and optimize building needs, especially if
experienced, considering available resources and constraints.

2. SCOPE OF PRE-DESIGN SERVICES

The Pre- Design Services cover a broad line of architectural services ranging from initial problem
identification to activities that would allow the Architect to initially conceptualize an array of
architectural and allied solutions. The Pre-Design Services nominally include consultation,
prefeasibility studies, feasibility studies, site selection and analysis, site utilization and land-use
studies, architectural research, architectural programming, space planning, space management
studies, value management, design brief preparation, promotional services and other related
activities.

The Architect plays a crucial role in the planning and execution of a project, providing advice and
direction to clients, attending conferences, and making evaluations. Pre-feasibility studies are
preliminary assessments of a project's soundness, aiding in early decision-making. Feasibility studies
provide a detailed analysis of the project's viability, setting it against current and future trends.

Site selection and analysis involve formulating site criteria, assisting clients in site evaluation, and
determining the most appropriate site for a proposed project or building program. Site utilization
and land-use studies identify a site's development potentials through proper land utilization,
considering its context and surrounding environment.

Architectural research involves conducting primary and secondary research and gathering facts used
as a basis for conclusions. Architectural programming leads to the statement and identification of
both horizontal and vertical requirements, including a space program with characterizations of
envisioned spaces. Space planning determines the appropriate size and configuration for a proposed
project, considering the use, allocation, and interface of spaces for given activities. This is done
through primary data gathering such as interviews, consultations, interfaces, focus group discussions
(FGDs), space planning surveys, space audits, etc.

Space management studies analyze the space requirements of the project based on organizational
structure and functional set-up, pinpointing linkages and interaction of spaces. The formulation of
the space program serves as the basis for the development of the architectural plan/design.

Value management is applied in the cost management process to minimize the negative effect of
simplified operations associated with many cost-reduction programs. The goal is to achieve an
unimpaired program at minimum cost, ensuring that a plan, design, or system that has been
successfully value-managed will still satisfy the same performance criteria as costlier alternatives.

Design brief preparation involves the Architect stating the project terms of reference (ToR) and
coordinating promotional activities to generate financial support and acceptance from governing
agencies or the general public.

3. MANNER OF PROVIDING SERVICES

3.1 After the initial meeting / conversation / correspondence with the Client, the Architect must
submit his proposal for pre-design services, stating the following:

3.1.1 Scope of Work


3.1.2 Manner of Payment
3.1.3 Owner’s Responsibilities
3.1.4 Other Conditions of Services

3.2 The Architect can render services in any of the following ways:

3.2.1 As an individual Architect he must have special training and be knowledgeable in


different fields to supplement his skills.

3.2.2 Architect’s Own Staff


It is possible for Architects (as natural persons) working in a single firm to specialize in a
variety of ways. Many Architects and firms (juridical persons) specialize without losing the
generalist approach of the Architect or firm.

3.2.3 By Association, Consultation or Networking


Another common practice is consultation between an Architect and a firm of other
disciplines, under the extended terms of the Owner-Architect Agreement.

4. METHOD OF COMPENSATION
The Architect’s compensation is based on the Architect’s / architectural firm’s talents, skill,
experience, imagination, and on the type and level of professional services provided. Compensation
for Pre-Design Services may be based on one or more of the following:

4.1 Multiple of Direct Personnel Expenses

For non-creative tasks like accounting, secretarial work, research, data collection, and report
preparation, the cost-based compensation approach is employed. It excludes creative work and is
based solely on technical hours worked. To calculate the total cost of technical services, add all of
the costs and multiply the result by a multiplier to account for profit and overhead. Depending on
the office layout, overhead, level of experience, and project complexity, the multiplier can range
from 1.5 to 2.5. The client is also responsible for other costs such as transportation, foreign
consultants' living and housing allowances, and local consultants' out-of-town living and housing
allowances. Before agreeing to this mode of payment, the Architect shall notify the Client of the rate
of professionals and personnel assigned to the project as well as the multiplier.

FORMULA
Assume:
A = Architect’s rate / hour
C = Consultant’s rate / hour
T = Rate per hour of Technical Staff, Researchers and others involved in the Project

AN, CN, TN = No. of hours spent by Architect, Consultants and Technical Staff

M = Multiplier to account for overhead and reasonable profit. The value may range from 1.5 to 2.5
depending on the set-up of the Architect’s office and the complexity of the Project.

R = Reimbursable expenses such as transportation, housing and living allowance of Consultant,


transportation, per diem, housing and living allowance of local consultants and technical staff if
assigned to places over 100 km. from the area of operation of the Architect. Cost of printing of extra
set of drawings, reports, maps, contract documents, etc. over the five (5) copies submitted to the
Client, overseas and long distance calls, technical and laboratory tests, licenses, fees, taxes and
similar cost items needed by the Project.

Direct cost = AN + CN + TN
Fee = Direct Cost x M

Total Cost of Service charged to Client = Fee + R

4.2 Professional Fee Plus Expenses


This method of compensation is frequently used where there is continuing relationship
involving a series of projects. It establishes a fixed sum over and above the reimbursement for the
Architect’s technical time and overhead. An agreement on the general scope of the work is
necessary in order to set an equitable fee.

4.3 Lump Sum or Fixed Fee


This method may be applied to government projects since they entail more paper work and time-
consuming efforts.

4.4 Per Diem, Honorarium Plus Reimbursable Expenses


In some cases a Client may request an Architect to do work which will require his personal time
such as:

4.4.1 attending project-related meetings, conferences or trips;


4.4.2 conducting ocular inspection of possible project sites; and
4.4.3 conferring with others regarding prospective investments or ventures and the like.
For these particular activities, the Architect as agent of the Owner may be paid on a per
diem and honorarium basis plus out-of-pocket expenses such as but not limited to travel,
accommodations and subsistence.

4.5 Mixed Methods of Compensation


The SPP provides for more than one method of compensation on a project. Each project
should be examined to determine the most appropriate and equitable method of
compensation.

STANDARDS OF PROFESSIONAL PRACTICE (SPP)


ON REGULAR DESIGN SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 202 (replacing the 1979 UAP Doc. 202)
1. INTRODUCTION

1.1 Applicability of this Document

The implementing rules and regulations for architects in the Philippines apply to both individual and
group practices, as well as foreign architects offering services under the Architecture Act of 2004.
Foreign architects must comply with Sec. 38 of R.A. No. 9266 and its implementing rules and
regulations, including resolutions of the Board and Commission. They must also work in
collaboration with a local counterpart Architect who is a Registered and Licensed Architect (RLA)
under Philippine law.

Business Process Outsourcing (BPO) and Knowledge Process Outsourcing (KPO) firms registered in
the Philippines to provide services for overseas clients are not authorized to provide architectural
services for projects located on Philippine soil unless they are PRC-registered architectural firms
satisfying Sec. 37 of R.A. No. 9266 and its implementing rules and regulations.

The Architect's outputs may be expanded or increased based on the project requirements or the
Architect's experience, capabilities, and specializations. The implementing rules and regulations also
apply to foreign architects offering services under the Architecture Act of 2004.

1.2 Regular Design Services of an Architect

1.2.1 In regular practice, the Architect acts as the Owner’s/ Client's/ Proponent’s Adviser
and/or Representative. He translates the Owner's needs and requirements to spaces and form in the
best manner of professional service.

1.2.2 The Architect’s work starts at the inception of the project when the Owner outlines his
requirements to the Architect. The work covers the various aspects of the project, from analysis and
study of the needs and requirements, to the preparation of the necessary instruments of service,
and finally to the supervision during project implementation. It ends only when the general
contractor or builder turns over the completed project to the Owner.

2. SCOPE OF SERVICES

2.1 Project Definition Phase


The project's requirements are defined by the Owner, who then informs the Architect about
the technical requirements and professional fees. The Architect consults with the Owner to confirm
the conceptual framework, gathers relevant information to define project requirements, reviews
and refines the Owner's space requirements, and prepares an initial statement of probable
construction cost. This phase ensures the project's scope and scope of services.

2.2 Schematic Design Phase


The phase involves preparing schematic design studies and conceptual plans, with the
architect evaluating the owner's program, schedule, budget, and project site. They create initial line
drawings, propose a recommended solution, and submit a Statement of the Probable Project
Construction Cost (SPPCC) to the owner, based on current cost parameters.

2.3 Design Development Phase


The Architect creates Design Development documents, including plans, elevations, sections,
and drawings, based on approved schematics and plans. They also provide outline specifications for
the project's size, materials, structural, electrical, mechanical, sanitary, electronic, and
communications systems, a diagrammatic layout of construction systems, and an updated SPPCC for
Owner submission.

2.4 Contract Document Phase


The Architect prepares detailed Contract Documents, including detailed designs and
construction drawings, for the architectural, structural, electrical, plumbing, sanitary, mechanical,
electronic, and communication works. They also prepare Technical Specifications, detailing the type
and quality of materials, finish, construction manner, and general conditions for the project. The
Architect submits seven sets of construction drawings and technical specifications to the Owner for
building permit purposes. They update the SPPCC based on changes in scope, requirements, or
market conditions. The Architect assists the Owner in filing necessary documents for project
approval from government authorities.

2.5 Bidding or Negotiation Phase

The Architect prepares Bid Documents, including forms for contract letting, construction,
invitations, proposals, and general contract conditions. They assist the Owner in establishing a list of
prospective contractors and awarding the construction contract. For competitive bids, the Architect
furnishes complete sets of Bid Documents, which are loaned to bidders to cover costs related to
preparation, packaging, reproduction, and delivery. The Bid Documents are the intellectual property
of the Architect and must be returned by all entities acquiring bid documents. A bond may be
required to ensure their return. The Architect retains the sole ownership and copyright to the
documents, and bidders must not reproduce or use them for unauthorized purposes. The Architect
also helps organize and conduct pre-bid conferences, responds to bidders' questions, and assists the
Owner in obtaining proposals from contractors. They analyze bid results and prepare abstracts,
notices of award, and other construction contracts. In negotiated contracts, the Architect negotiates
with one contractor instead of many bidders.

2.6 Construction Phase

The Architect plays a crucial role in the construction process, making decisions on claims from the
Owner and Contractors regarding the execution and progress of work, as well as the interpretation
of Contract Documents. They prepare change orders, gather written guarantees from the Contractor
and Sub-Contractors, and conduct periodic visits to the project site to ensure compliance with the
Contract Documents. The Architect is not required to conduct exhaustive or continuous 8-hour on-
site supervision, but must report defects and deficiencies in the Contractor's work and condemn
work that does not conform to the Contract Documents.

The Architect determines the amount owed and due to the Contractor and issues corresponding
Certificates for Payment based on his observations and Contractor's Applications for Payment. These
Certificates serve as a certification that the work has progressed to the specified state and that the
Contractor's work quality is in accordance with the Contract Documents. If more extensive
inspection or full-time construction supervision is required, a separate full-time supervisor is hired
and agreed upon by the Owner and the Architect, subject to the conditions provided in the SPP
Document on Full-Time Supervision.

3. MANNER OF PROVIDING SERVICES

As the Lead Professional collaborating with other engineering and related professionals, the
Architect may enter into contracts with the Owner. There are two options: independent contracts
with the architect and other professionals, or a single contract with sub-consultancy contracts. The
Architect does not take on any of the other professionals' obligations or liabilities; rather, in both
situations, the professional duties and civil liabilities of each State-regulated professional continue to
be distinct.

4. PROJECT CLASSIFICATION

Professional architectural work is classified in accordance with the degree of complexity and the
creative skill required to meet the requirements of the Client within technical, functional, economic
and aesthetic constraints. Based on these groupings, the corresponding scale of charges shall be
prescribed in the Architect’s Guidelines to determine the fair remuneration to the Architect.

4.1 Group 1
Buildings of the simplest utilization and character which shall include but not be limited to
the
following:

Armories Public Markets


Packaging and Processing Plants Hangars
Bakeries Service Garages
Parking Structures Industrial Buildings
Habitable Agricultural Buildings Simple Loft-Type Buildings
Printing Plants Manufacturing / Industrial Plants Warehouses
Freight Facilities Other similar utilization type buildings

4.2 Group 2
Buildings of moderate complexity of plan / design which shall include but not be limited to
the following:

Art Galleries Court Houses/Halls of Justice


Office Buildings / Office Condominium Retail / Wholesale Stores
Banks, Exchange and other Buildings Dormitories
Park, Playground and Open-Air Schools
Financial Institutions Recreational Exhibition Halls & Display Structures
Facilities Serviced Apartments
Bowlodromes Fire Stations
Residential Condominiums Shopping Centers
Call Centers Laundries & Cleaning Facilities
Police Stations Showrooms / Service Centers
Churches and Religious Facilities Libraries
Postal Facilities Specialty Shops
City/Town Halls & Civic Centers Malls / Mall Complexes
Private Clubs Supermarkets / Hyper-marts
College Buildings Motels & Apartels
Publishing Plants Welfare Buildings
Convents, Monasteries & Seminaries Multi-storey Apartments
Race Tracks Mixed Use Buildings
Correctional & Detention Facilities Nursing Homes
Restaurants / Fastfood Stores Other buildings of similar nature or use
4.3 Group 3

Buildings of exceptional character and complexity of plan / design which shall include but
not be limited to the following:

Airports / Wet & Dry Ports & Terminals


Mental Institutions Stadia
Aquariums Hospitals & Medical Buildings
Mortuaries Telecommunication Buildings
Auditoriums Hotels
Nuclear Facilities Theaters & Similar Facilities
Breweries Laboratories/ Testing Facilities
Observatories Transportation Facilities & Systems
Cold Storage Facilities Marinas and Resort Complexes
Public Health Centers Veterinary Hospitals
Convention Facilities Medical Arts Offices & Clinics
Research Facilities Other buildings of similar nature or use
Gymnasiums

4.4 Group 4
Residences (single-detached, single-attached or duplex; row-houses or shop-houses), small
apartment houses and townhouses

4.5 Group 5
Monumental buildings and other facilities

Exposition & Fair Buildings Specialized decorative buildings


Museums Buildings of similar nature or use
Mausoleums, Memorials, &
Monuments

4.6 Group 6
Projects where the plan / design and related Contract Documents are re-used for the repetitive
construction of similar buildings without amending the drawing and the specifications

4.7 Group 7
Housing Project involving the construction of several residential units on a single site with the use of
one (1) set of plans / design, specifications and related documents

4.8 Group 8
Projects involving extensive detail such as designs for built-in components or elements, built-in
equipment, special fittings, screens, counters, architectural interiors (AI), and development planning
and/or design

4.9 Group 9
Alterations, renovations, rehabilitations, retrofit and expansion / additions to existing buildings
belonging to Groups 1 to 5

4.10 Group 10
The Architect is engaged to render opinion or give advice, clarifications or explanation on technical
matters pertaining to architectural works.
5. METHOD OF COMPENSATION

The Architect’s compensation is based on the Architect’s / architectural firm’s talents, skill,
experience, imagination, and on the type and level of professional services provided. Compensation
for Regular Design Services may be based on one or more of the following:

5.1 Percentage (%) of Project Construction Cost (PCC)


The Architect’s Fee based on the PPC shall be detailed in the Architect’s Guidelines.

5.2 Multiple of Direct Personnel Expenses


The cost-based compensation method is used for non-creative work like accounting, secretarial,
research, data gathering, and report preparation. It calculates technical service costs by adding them
and multiplying by a multiplier, which covers overhead and profit. Other charges like transportation
and living allowances are also included. The architect must inform the client about the assigned
professionals.

5.3 Professional Fee Plus Expenses


This method of compensation is frequently used where there is continuing relationship involving a
series of Projects. It establishes a fixed sum over and above the reimbursement for the Architect’s
technical time and overhead. An agreement on the general scope of the work is necessary in order
to set an equitable fee.

5.4 Lump Sum or Fixed Fee


This method may be applied to government projects since they entail more paper work and time-
consuming efforts.

5.5 Per Diem, Honorarium Plus Reimbursable Expenses


Clients may request an Architect to perform personal tasks such as attending project-related
meetings, conducting ocular inspections of potential project sites, and discussing investments with
others. The Architect, acting as an agent of the Owner, may be paid on a per diem and honorarium
basis, along with out-of-pocket expenses like travel, accommodations, and subsistence.

5.6 Mixed Methods of Compensation

The SPP provides for more than one method of compensation on a project. Each project should be
examined to determine the most appropriate method of compensation.

6. OWNER’S RESPONSIBILITIES

The Architect is responsible for providing comprehensive information about the project's
requirements and ensuring that a representative is designated when necessary. They must promptly
examine and render decisions on documents submitted by the Architect to avoid delays in the
project's progress. The Owner should issue orders to the General Contractor only through the
Architect. The Architect is also responsible for obtaining a certified survey of the site at the
Architect's expense, covering grades, lines, and other details. The Architect must also pay for
architectural, engineering, and allied services required for the project. They must also pay for design
and consulting services on acoustic, communication, electronic, and other specialty systems. Legal,
auditing, insurance, counseling, and other services are also required. The Architect must pay for all
reimbursable expenses and taxes imposed by the government on the Architect, whether as a natural
person or as a juridical entity. If the Owner becomes aware of anything that may impair the project's
successful implementation, they must give prompt written notice to the Architect.

7. OTHER CONDITIONS ON SERVICES

7.1 Conditions for the Architect’s Fee


The Architect’s Fee is based on the Project Construction Cost. Where the Architect has to render
additional services, additional compensation shall be required.

7.2 Other Services


Other services that may be needed in order to complete the project such as services of acoustic and
illumination engineers / specialists, mural painters, sculptors, and other service providers are to be
recommended by the Architect for the Owner’s approval. Costs for these services are to be paid for
separately by the Owner and shall be subject to a coordination fee payable to the Architect.

7.3 Scale Models, 3D Models and Walk-Thru Presentations


Should a scale model, 3D models and/or walk-thru presentation of the architect’s design be
necessary, they are to be recommended by the Architect for the Owner’s approval. Costs for these
services are to be paid for separately by the Owner and shall be subject to a coordination fee
payable to the Architect.

7.4 Per Diem and Traveling Expenses


A per diem plus traveling and living expenses shall be chargeable to the Owner whenever the
Architect or his duly authorized representative is required to perform services at a locality beyond
50.0 kilometers (air, straight line or radial distance) from his established office as it appears in the
Architect’s letterhead.

7.5 Extra Sets of Contract Documents


The Owner shall pay the Architect for additional sets of Contract Documents.

7.6 Change/s Ordered by the Owner


If the Architect renders additional professional services due to changes ordered by the Owner after
approval of the Architect’s outputs, the Owner shall pay the Architect for extra time, resources/
drafting, or other office expenses.

7.7 Work Suspended or Abandoned


The Owner is required to reimburse the Architect for services rendered in accordance with the
amount owed at the time of work suspension or abandonment if the Architect's work is suspended
or abandoned in whole or in part.

Creating architectural plans and designs, specifications, and other building construction documents
is the architect's main responsibility. The General Contractor will use these sets of comprehensive
instructions as a guide to carry out the project. The Architect has finished the Detailed Design and
Contract Documents Phase of his services, or ninety percent (90%) of his work, once he has prepared
all these documents.

7.8 Different Periods of Construction


Charges for services provided during the construction phase will be adjusted proportionately if parts
of the building or buildings are constructed at different times, lengthening the construction period
and increasing the architect's workload. Should construction be suspended for longer than six (6)
months, the cost of the remaining work will be doubled.

7.9 Services of Specialist Consultants


If the Owner requires the services of specialist consultants, they shall be engaged with the consent
of the Architect. The cost of their services shall be paid for separately by the Owner and shall not be
deducted from the Architect’s fee.

7.10 Separate Services


Should the Owner require the Architect to design movable or fixed pieces of cabinets and other
architectural interior (AI) elements, site development plan (SDP) components, urban design
elements, and other items of similar nature, the Owner shall pay the Architect in addition to the
Architect’s fee. The compensation shall be based on the Project Construction Cost as provided for
under SPP Document 203.

7.11 Fulltime Construction Supervision


Upon recommendation of the Architect and with the approval of the Owner, full-time construction
supervisors as will be deemed necessary shall be engaged and paid by the Owner. If no Project
/ Construction Manager is present, the full-time construction supervisor shall be under the technical
control and supervision of the Architect and shall make periodic reports to the Owner and to the
Architect regarding the progress and quality of the work done.

7.12 Estimates
Any SPPCC or any Cost Estimate submitted by the Architect can attain only a certain degree of
accuracy. As the Architect has no control over the cost of labor and materials, or the many factors
that go into competitive bidding, he does not assume any professional responsibility for such cost
estimates, unless glaring errors or discrepancies are clearly evident.

7.13 Government Taxes and Services


The Architect’s Fee is a net amount. Any tax (exclusive of income tax) that the national and/or local
government/s may impose on the Architect as a consequence of the services performed for the
project shall be paid by the Owner.

7.14 Ownership of Documents


All designs, drawings, models, specifications and other contract documents and copies thereof,
prepared, duly signed, stamped and sealed and furnished as instruments of service, are the
intellectual property and documents of the Architect, whether the work for which they were made is
executed or not, and are not to be reproduced or used on other work except with a written
agreement with the Architect (Sec. 33 of R.A. No. 9266).

7.15 Cost Records


During the progress of work, the Owner shall furnish the Architect a copy of the records of expenses
being incurred on the construction. Upon completion of the project, the Owner shall furnish the
Architect a copy of the summary of all cost of labor, services, materials, equipment, fixtures and all
items used at and for the completion of the construction.

7.16 Design and Placement of Signs


All signboards of the General Contractor, sub-contractors, jobbers and dealers that shall be placed at
the project site during the progress of construction shall be approved by the Architect as to size,
design and contents. After the completion of the project, the Owner or his building lessee shall
consult the Architect for the design, size of all signboards, letterings, directories and display boards
that will be placed on the exterior or public areas attached to the building project in order to
safeguard the Owner’s interest. Nothing should be installed inside or outside of the building that
would compromise its safety and aesthetics.

7.17 Project Construction Cost (PCC)


The Project Construction Cost (PCC) is the total cost of a completed building to the owner, including
the structure, plumbing, electrical fixtures, mechanical equipment, elevators, escalators, air-
conditioning system, fire protection system, alarm and clock system, communications and electronic
system, and other items specified in the plans, designs, drawings, and specifications prepared by the
architect and his consultants. The PCC also includes the construction cost of other items planned by
the architect, such as architectural interiors and site development plan elements. The cost of
materials used and labor for their installation is also part of the PCC. However, the PCC does not
include fees for the architect, engineer, specialist consultants, or construction inspectors.

7.18 Project Development Cost


Project Development Cost shall include cost of the construction as well as all professional fees,
permits, clearances and utilities and cost of acquiring the project site / lot, cost of money, etc.

STANDARD OF PROFESSIONAL PRACTICE (SPP)


ON SPECIALIZED ARCHITECTURAL SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 203
(replacing the 1979 UAP Doc. 203)

1. INTRODUCTION

The evolution of time and technology has led to the need for specialized
architectural services to complete or supplement a project. Architecture, defined as the
blending of aesthetics, functions, space, materials, and environment, is a field that involves
the application of various technologies and skills. Specialized architectural services provide
expertise to enhance the interior and exterior components of a project. The architect's
responsibility is to ensure that the building and its environment enhance people's lives by
adhering to national and international standards regarding public health, safety, and
welfare. The architectural plan and design of a building fall under the architect's Regular
Design Services.

1.6 Design services required both inside and outside the building that are categorized as Specialized
Architectural Services under the relevant R.A. provisions. No. 9266 and its 2004 Internal Rate of
Return (IRR) comprise, but are not restricted to:
1.6.1 Architectural Interiors (AI)
1.6.2 Acoustic Design
1.6.3 Architectural Lighting Layout and Design
1.6.4 Site Development Planning (SDP)
1.6.5 Site and Physical Planning Services (including Master Development Planning,
Subdivision Planning and Urban Design)
1.6.6 Comprehensive Development Planning
1.6.7 Historic and Cultural Heritage Conservation and Planning
1.6.8 Security Evaluation and Planning
1.6.9 Building Systems Design
1.6.10 Facilities Maintenance Support
1.6.11 Building Testing and Commissioning
1.6.12 Building Environmental Certification
1.6.13 Forensic Architecture
1.6.14 Building Appraisal
1.6.15 Structural Conceptualization
1.6.16 Preliminary Services
1.6.17 Contract Documentation and Review
1.6.18 Post-Design Services (including Construction Management Services)
1.6.19 Dispute Avoidance and Resolution
1.6.20 Architectural Research Methods
1.6.21 Special Building / Facility Planning and Design
1.6.22 Building Components
1.6.23 Management of Architectural Practices

203.1 ARCHITECTURAL INTERIOR (AI) SERVICES

1. INTRODUCTION

Architectural Interiors (AI) is a crucial aspect of any proposed building or structure, covering
all architectural and utility aspects, including the architectural layout of building engineering
systems. The architect responsible for AI services must have sufficient experience in planning,
designing, and detailing AI elements, depending on the complexity of the project.

2. SCOPE OF SERVICES

2.1 The architect is a specialist in building design, working on a development concept by


determining the size and interrelationship of interior spaces, laying out furniture, movables,
equipment, built-ins, and fixtures to support activities. They plan and design architectural interiors
(AI) of buildings to contribute to the physical, visual, intellectual, and emotional comforts of the
intended end-users. The architect prescribes space plans, stacking diagrams, and computations of
areas for different activities and spaces in a building project. They also lay out furniture, built-ins,
and equipment, and prepare specifications for AI components. The architect assists the client in
conducting bids or negotiations with general contractors, sub-contractors, and suppliers of building
materials, furniture, equipment, fixtures, and more. They check and approve samples of materials
and shop drawings, review billings of AI components, and conduct final inspections and approvals of
installed AI components and related items.
3. MANNER OF PROVIDING SERVICES

The Architect may enter into contract with the Owner in two possible ways:

3.1 Working in a dual capacity as Architect-of-record and as Consulting Architect for AI services.
3.2 Working as Consulting Architect for AI services only.

4. METHOD OF COMPENSATION

4.1 For projects involving extensive detailing of AI components such as custom floor, wall, ceiling
construction and finishes, cabinet design, built-in components, equipment and special fittings, the
Architect’s Fee shall be a percentage of the cost of the AI work. This excludes the fee of any
Engineering and / or Specialist Consultants (SCs) working with the Architect
4.2 Should the Client separately hire the services of Specialist Consultants (SCs), their
professional fee shall be for the account of the Client.
4.3 For this Specialized Service, the payment of the Architect’s services shall be as stated in the
Architect’s Guidelines.

203.2 ACOUSTIC DESIGN SERVICES

1. INTRODUCTION

Acoustic design services involve detailed planning and design to control sound transmission
for architectural compatibility. Historically, controlling sound in enclosed spaces has been a
limiting criteria in building design. However, the evolution of sound management products
and techniques has expanded interior design flexibility, allowing architects to create
environments that meet the acoustical demands of various activities within enclosed spaces.

2. SCOPE OF SERVICES

The architect is responsible for planning and designing a building or structure, coordinating
inter-disciplinary and specialized work, and ensuring inputs comply with project
requirements and architectural design concepts. As a specialist in acoustic design, the
architect prepares drawings and specifications for various aspects of sound control, such as
sound absorption, reflectance, and insulation. They also assist the owner/client in bidding
out work or negotiating with a specialty sub-contractor, check and approve materials and
equipment samples, conduct final inspections, and assist in evaluating the amount due to
the sub-contractor.

3. MANNER OF PROVIDING SERVICES

The Architect can contract the Owner in two ways: working as both the Architect-of-record
and Consulting Architect for acoustic design services, or solely as Consulting Architect for
acoustic design services.

4. METHOD OF COMPENSATION

The Architect's fee for acoustic design services depends on the complexity of the project. If
the owner or client hires other Specialist Consultants, their fees are for the owner's account
and paid directly to the SC. Payment for this specialized service follows the Architect's
Guidelines.

203.3 ARCHITECTURAL LIGHTING LAYOUT AND DESIGN


1. INTRODUCTION

Architectural Lighting Layout and Design Services involve planning and designing light
transmission, timing, and control for compatibility with architectural design concepts. With
the evolution of lighting products and techniques, architects can create environments that
meet the lighting demands of varied activities within and outside a building, allowing for a
wider range of indoor and outdoor environments.

2. SCOPE OF SERVICES

The architect is responsible for planning and designing a building or structure, coordinating
the work of all allied design professionals, and ensuring inputs comply with project
requirements and architectural design concepts. They prepare drawings and specifications
for lighting design, assist in bidding for work or negotiating with a specialty sub-contractor,
check and approve materials and fixtures, conduct final inspections, and assist in evaluating
the amount due to the sub-contractor. They also assist in ensuring the inputs comply with
the project's requirements and are compatible with the architectural design concept.

3. MANNER OF PROVIDING SERVICES

The architect can contract with the owner in two ways: working as both the Architect-of-
record and Consulting Architect for architectural lighting and layout design services, or solely
as Consulting Architect for these services.

4. METHOD OF COMPENSATION

The Architect's fee for lighting layout and design services depends on the complexity of the
project. If the owner or client hires Specialist Consultants separately, the fee is for the
owner's account and paid directly to the Consultant. The "cost of the work" refers to the
total cost of fixtures and accessories designed, specified, or procured by the Specialist
Architect or their Consultants. Payment for this special service follows the Architect's
Guidelines.

203.5 SITE AND PHYSICAL PLANNING (INCLUDING MASTER DEVELOPMENT PLANNING,


SUBDIVISION PLANNING AND URBAN DESIGN) SERVICES

1. INTRODUCTION

Physical planning is the systematic arrangement of vertical structures and horizontal


developments within a piece of land or property. It originated with architects, who played a
pivotal role in shaping the world's great cities. Architects are concerned not only with a
building but also its immediate surroundings, studying its interrelationship with other
structures, the environment, and their impact on neighboring areas. If commissioned to
create physical plans for a specific site, they must also consider the host site's economic
systems, laws, regulations, tax structure, infrastructure, utilities, and other components that
will impact the project. This comprehensive approach to planning has contributed to the
development of great cities worldwide.

2. SCOPE OF SERVICES

Physical planning is a crucial aspect of any project, involving the translation of ideas and
concepts into physical plans. The Specialist Architect provides a multi-dimensional
perspective to a 2-dimensional physical plan, acting as the Prime Professional responsible for
directing team efforts. This involves the general quality of settings for people, activities,
buildings, and other natural and man-made phenomena.

The Architect undertakes site planning for projects that require a composite arrangement of
several buildings/structures and their requisite amenities, facilities, services, and utilities
within a natural or built setting. If additional services are required, such as environmental
studies, feasibility studies, market analysis, access/movement systems, impact analysis, etc.,
the Architect acts as the Lead Professional of the physical planning team.

Depending on the complexity of the project, the Architect may hire additional Specialist
Consultants (SCs) to validate certain features of the physical plan. The fee for any additional
SCs must be paid separately by the Owner/Client.

When commissioned to do physical planning for building sites like Industrial Estates,
Commercial, Religious, Institutional and Government / Civic Centers, Sports Complexes,
Tourist Centers / Tourism Estates / Resorts, Amusement Parks, Educational Facilities,
Residential and Housing Subdivisions, etc., the Architect:

1. Confers with the Owner/Client on project requirements, secures sufficient primary and
secondary data to generate reliable projections and analyses.
2. Examines laws, ordinances, rules, and regulations affecting the project, such as code
searches, considering best industry practices.
3. Prepares framework and conceptual master development plans (FRDPs and CMDPs) and
reports from relevant information gathered by other disciplines.
4. Undertakes modifications, revisions, changes as necessary by the Owner/Client and the
project.
5. Prepares finalized plans, reports, and specifications for approval by the Owner/Client or
proper government agencies concerned.

1. MANNER OF PROVIDING SERVICES

The Architect can contract with the Owner in two ways: working as both the Architect-of-
record and Consulting Architect for site and physical planning services, or as Consulting
Architect for site and physical planning services only. The fee structure for these services is
outlined in the Architect's Guidelines.

203.6 COMPREHENSIVE DEVELOPMENT PLANNING (CDP) SERVICES

1. INTRODUCTION

Comprehensive Development Planning (CDP) Services are a multi-disciplinary approach to


the formulation, implementation, and realization of a Master Development Plan (MDP).
They cover all aspects of the plan, from data gathering to the formulation of the MDP and
the preparation of the environmental impact assessment/statement (EIA/S). CDP Services
may focus on non-physical or non-engineering components, such as financial, economic,
market demand, administrative-political-institutional-legal, socio-cultural, and
environmental aspects, while MDP Services prioritize physical planning and engineering
components.

Architects with suitable training and experience can lead a multi-disciplinary team in
undertaking projects that cross various disciplines. Consulting architects, particularly those
with experience in physical and land use planning, are qualified to lead the multi-disciplinary
team in offering Comprehensive Development Planning (CDP) Services. The architect's ability
to synthesize and organize information related to user needs, perception, and expectations,
as well as their social commitment and technical experience, makes them suitable for
leading the multi-disciplinary team in providing CDP Services.

1. SCOPE OF SERVICES

An Architect (RLA) with expertise in Environmental Planning can offer a range of services,
including data collection, environmental impact assessments, and the formulation of a
Comprehensive Development Plan (CDP). These components include physical, economic,
socio-cultural, transport, and legal and administrative aspects. Comprehensive Development
Planning (CDP) requires detailed study of these components and requires the expertise of
Specialist Consultants (SCs). A Consulting Architect is commissioned to perform a
Comprehensive Development Planning effort, which includes identifying existing land use,
resources, social behavior, environmental analysis, demographic analysis, feasibility studies,
examination of existing laws, ordinances, political/social constraints, and preparing
conceptual development plans, policies, and implementing strategies to achieve the desired
comprehensive or master planning solution. The Architect's role is to ensure that the
proposed development proposals and policies align with existing laws and regulations.

2. MANNER OF PROVIDING SERVICES

The Architect can contract with the Owner in two ways: working as both the Architect-of-
record and a Consulting Architect for comprehensive development planning services, or
solely as a Consulting Architect.

3. MANNER OF COMPENSATION

Compensation for the foregoing specialized architectural service shall be through man-
months i.e. 22 man-days multiplied by 8 man-hours, and multiplied by a factor to cover
other direct and indirect costs
e.g. overhead, etc. or as prescribed by the Architect’s Guidelines.

203.7 HISTORIC AND HERITAGE CONSERVATION AND PLANNING

The suitably trained and experienced Consulting Architect in this area of architectural
practice provides research, assessment, recording, management, interpretation and
conservation of historical heritage.

203.8 SECURITY EVALUATION AND PLANNING


The Consulting Architect in this area of practice arranges and formulates methods of rating
and ascertaining the value of structures or facilities which must be fully secured, kept safe,
protected, assured, guaranteed and provided sufficient safeguards for the conduct of any
work or activity.

203.9 BUILDING SYSTEMS DESIGN

The Architect in this area of practice engages in methods of producing building components
in a highly engineered, efficient and cost-effective manner, particularly for residential and
commercial applications.

203.10 FACILITIES MAINTENANCE SUPPORT

The Consulting Architect in this area of practice provides the Owner/Client with means and
measures to ensure the proper function and maintenance of the building / structure and site
after final inspection.

203.11 BUILDING TESTING AND COMMISSIONING

The Architect in this area of practice recommends the systematic process of ensuring that a
building / structure’s array of systems is planned, designed, installed and tested to perform
according to the design intent and the building’s operational needs. If the building materials,
equipment and systems are not installed properly or are not operating as intended, the
effectiveness, efficiency, productivity and other benefits of high performance plans/designs
will not be achieved.

203.12 BUILDING ENVIRONMENT CERTIFICATION

A building environment rating system is needed to assess a building's environmental


performance and promote sustainable design. The system should be credit-based, flexible,
and market-driven, allowing projects to earn points for environmentally friendly use and
actions during planning, design, construction, and occupancy. The consulting architect must
have knowledge of green architecture, environmental laws, and international protocols,
such as the Philippine Solid Waste, Clean Air, and Clean Water Acts, and DENR
administrative issuances. This system aims to accelerate the development and
implementation of green building practices.

203.13 FORENSIC ARCHITECTURE

The architect conducts a scientific study on the built environment's well-being, focusing on
cost-efficient maintenance and longevity of structures. This includes determining causes of
building deterioration, deficiencies, non-compliance with planning laws, deviations from
original use, research on faulty activities during project implementation, and determining
faulty plan/design and construction methodology. The forensic study may also identify faulty
activities and operations during the project implementation phase.

203.14 BUILDING APPRAISAL


Appraisal is defined as an act or process of estimating value. The Consulting Architect in this
area of practice places value on the building / structure condition and defects, and on its
repair and maintenance, including the required improvements.

203.15 STRUCTURAL CONCEPTUALIZATION

The Architect in this area of practice conceives, chooses and develops the type, disposition,
arrangement and proportioning of the structural elements of an architectural work, giving
due considerations to safety, cost-effectiveness, functionality and aesthetics.

203.16 PRELIMINARY SERVICES

The Consulting Architect in this area of practice must have much more than the basic
knowledge of Site Analysis, Space Planning and Management, Architectural Programming,
and the other services under SPP Document 201.

203.17 CONTRACT DOCUMENTATION AND REVIEW SERVICES

The Architect in this area of practice must have much more than the basic knowledge of
Specification Writing, Estimation and Quantity Survey, Architectural Production,
Architectural Software, Architectural Support Services and Contract Document Review.

203.18 POST-DESIGN SERVICES (INCLUDING CONSTRUCTION SERVICES)

The Consulting Architect in this area of practice must have much more than the basic
knowledge of Pre-Construction, Construction, Post-Construction and the other services
under SPP Documents 204, 206 and 207.
Included under this specialized practice is the preparation of the Fire Safety and Life
Assessment Report (FALAR) required by R.A. No. 9514, the 2008 Fire Code of the Philippines
and its 2009 IRR.

203.19 DISPUTE AVOIDANCE AND RESOLUTION

The Architect in this area of practice must have much more than the basic knowledge of the
various modes of Alternative Dispute Resolution (ADR) prescribed under R.A. No. 9285, the
ADR Act of 2004 and its IRR i.e. Construction Arbitration, Mediation and Conciliation,
Negotiation and of Contract Administration, Quality Surveys, Appraisals and Adjustments
and Expert Testimony. An Architect specializing in ADR must preferably be State-accredited.

203.20 ARCHITECTURAL RESEARCH METHODS

The Consulting Architect in this area of practice must have much more than the basic
knowledge of Research Methods, Philippine Architecture and its History, Architectural
Materials and Finishes, Building Types and Standards, Architectural Design Trends,
Architectural Writing and Architectural Photography.

203.21 SPECIAL BUILDING/ FACILITY PLANNING AND DESIGN

The Architect in this area of practice must have much more than the basic knowledge of the
Planning and Design Processes required for Housing Developments, Recreational and
Tourism Estates, Health Care and Hospitality Facilities, Transportation and
Telecommunications Facilities, Production and Extractive Facilities, Utility-related
Developments, Secure Facilities, Business and Industrial Parks, Economic Zones and
Community Architecture and the like.

203.22 BUILDING COMPONENTS

The Consulting Architect in this area of practice must have much more than the basic
knowledge of Building Materials and Finishes, Construction Methodologies, Building
Envelopes including cladding and roofing systems, Architectural Fenestrations and
Architectural Hardware, Fixtures and Fittings.

203.23 MANAGEMENT OF ARCHITECTURAL PRACTICES

The Architect in this area of practice must have much more than the basic knowledge of the
Types of Architectural Office Operations, Architectural Office Management, Accounting /
Finance / Taxation / Audit, Labor Code, Architectural Marketing and Project Development,
Proposals / Negotiations / Contracts, Contract Administration, File Management and
Limitations of Business Process Outsourcing (BPO) and Knowledge Process Outsourcing
(KPO) Operations

STANDARD OF PROFESSIONAL PRACTICE (SPP)


ON FULLTIME SUPERVISION SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 204-A
(replacing the 1979 UAP Doc. 204-A)

1. INTRODUCTION

Over the past 50 years, the design and building construction process has involved four
principal members: the owner, the architect and their Specialist Consultants, the contractor, and the
individual or group assisting in supervision and delivery. The Architect-in-charge of construction
(Aicc) is directly responsible for construction supervision. As projects became more complex, a
construction supervision group was necessary for full-time inspection at the project site. The
Construction Supervision Group (CSG) is typically recommended by the Architect based on their
performance and hired by the Owner, who are answerable to both the Owner and Architect.

2. SCOPE OF SERVICES

2.1 Quality Control


2.2 Evaluation of Construction Work
2.3 Preparation of Daily Inspection Reports
2.4 Filing of documents
The detailed tasks shall be as specified under the Architect’s Guidelines.

3. MANNER OF PROVIDING SERVICES

The Architect can enter into a contract with the Owner in two ways: working as the Architect-of-
record and Consulting Architect for full-time supervision services or as the Construction Supervision
Group (CSG). The Aor can interpret drawings and documents, ensure contractor conformity, and
assign staff for full-time supervision. The CSG can only provide full-time supervision services or act as
the CSG.

4. METHOD OF COMPENSATION
The Architect’s compensation is based on the Architect’s / architectural firm’s talents, skill,
experience, and on the type and level of professional services provided. Compensation for Fulltime
Supervision Services may be based on one or more of the following:

4.1 Percentage (%) of Project Construction Cost (PCC)


The Architect’s Fee for Fulltime Supervision as based on the PPC shall be detailed in the
Architect’s Guidelines.

4.2 Multiple of Direct Personnel Expenses

The cost-based compensation method is used for non-creative work like accounting,
secretarial, research, data gathering, and report preparation. It is based on technical hours spent and
does not account for creative work. The computation involves adding all costs of technical services
and multiplying them by a multiplier to cover overhead and profit. The multiplier ranges from 1.5 to
2.5 depending on the office setup, overhead, experience, and project complexity. Other charges,
such as transportation, living and housing allowances of foreign and local consultants, are charged to
the client. The Architect must inform the Client of the rate of professionals and personnel assigned
to the project and the multiplier before agreeing on this method of compensation.

FORMULA

Assume:
A= Architect’s rate / hour C = Consultant’s rate / hour
T= Rate per hour of Technical Staff, Inspectors and others involved in the Project

AN, CN, TN = No. of hours spent by Architect, Consultants and Technical Staff

M = Multiplier to account for overhead and reasonable profit. The value may range from 1.5 to 2.5
depending on the set-up of the Architect’s office and the complexity of the Project.

R = Reimbursable expenses such as transportation, housing and living allowance of Consultant,


transportation, per diem, housing and living allowance of local consultants and technical staff if
assigned to places over 100km. from area of operation of the Architect.

Cost of printing of extra set of drawings, reports, maps, contract documents, etc. over the seven
(7) copies submitted to the Client, overseas and long distance calls, technical and laboratory tests,
licenses, fees, taxes and similar cost items needed by the Project.

Direct cost = AN + CN + TN Fee = Direct Cost x M


Total Cost of Service charged to Client = Fee + R

4.3 Professional Fee Plus Expenses

This method of compensation is frequently used where there is continuing relationship involving a
series of projects. It establishes a fixed sum over and above the reimbursement for the Architect’s
technical time and overhead. An agreement on the general scope of the work is necessary in order
to set an equitable fee.

4.4 Lump Sum or Fixed Fee

This method may be applied to government projects since they entail more paper work and time-
consuming efforts.

4.5 Per Diem, Honorarium Plus Reimbursable Expenses

Clients may request an Architect to perform personal tasks such as attending project-related
meetings, conducting ocular inspections of potential project sites, and discussing investments with
others. The Architect, acting as an agent of the Owner, may be paid on a per diem and honorarium
basis, along with out-of-pocket expenses like travel, accommodations, and subsistence.

4.6 Mixed Methods of Compensation

The SPP provides for more than one method of compensation on a project. Each project should be
examined to determine the most appropriate method of compensation.

5. LIMITATION OF AUTHORITY

The Construction Supervision Group (CSG), whether a qualified architectural firm or a part of the
architect, cannot take over the project superintendent of the contractor and cannot make decisions
on matters solely under the architect's responsibility.

6. LEGAL RESPONSIBILITY

The Construction Supervision Group (CSG) is responsible for administrative matters to the Owner,
while for technical matters, it is responsible to the Architect-of-record (Aor). Under Article 1723 of
the Civil Code, the CSG may appear to have no legal responsibility, as the Aor and Engineers-of-
record are responsible for design and the Contractor for construction. However, a Service Contract
or Agreement may stipulate professional responsibilities and civil liabilities for the CSG, especially if
they review Contract Documents during construction. If the Aor and Eors are sued for civil liabilities,
they may file cross claims against the CSG.

7. QUALIFICATIONS

The Construction Supervision Group (CSG) inspectors must hold a Bachelor of Science in Architecture
degree, extensive experience in design and construction, and be knowledgeable in building materials
and construction detailing.

STANDARD OF PROFESSIONAL PRACTICE (SPP)


ON CONSTRUCTION MANAGEMENT SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 204-B
(replacing the 1979 UAP Doc. 204-B)

1. INTRODUCTION

The increasing complexity of construction projects necessitates effective cost control and faster
project implementation, leading to the establishment of Construction Management Services.
Construction Managers can be part of the owner's staff, independent individuals, or a firm hired by
the owner to manage a project. An architect can serve as a Construction Manager, ensuring proper
supervision and monitoring of construction activities for quality, workmanship, and cost.

2. FUNCTIONS AND DESCRIPTION OF TASKS

The Construction Manager (CM) is responsible for the functions of the Construction Supervision
Group (CSG), including coordination, cost and time control, quality control of work, and record
keeping. The CM can either hire the CSG or supervise it directly from the Owner.

3. LIMITATION OF AUTHORITY

The Architect as Construction Manager is prohibited from directly involving themselves in the
Contractor's work, potentially assuming their liability as per Article 1723 of the Civil Code, and from
imposing methods, systems, or designs that could significantly impact the construction schedule and
impair the Architect's design concept.

4. LEGAL RESPONSIBILITY

The Architect, as the Construction Manager (CM), is responsible for all aspects of construction work,
including programming, coordination, quality control, and time management. However, the CM is
not liable for equipment failure or building collapse if the CM did not participate in the plan/design
review or if the construction method was flawed, provided they faithfully fulfilled their duties during
the project's implementation.

5. QUALIFICATIONS

A Construction Manager can be an individual or a firm, and they must be a State-regulated


professional, preferably an Architect with extensive experience in the construction field. The
Architect must be a Registered and Licensed Architect (RLA) with an updated professional
identification card and be a member of the Integrated and Accredited Professional Organization of
Architects (IAPOA). Architects who are contractors or have been in charge of construction works are
typically capable of becoming Construction Managers.

6. METHOD OF COMPENSATION

The architect's regular services do not include construction management, so their services as a
Construction Manager (CM) will be compensated separately.

STANDARD OF PROFESSIONAL PRACTICE (SPP)


ON POST-CONSTRUCTION SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 205
(replacing the 1979 UAP Doc. 205)

1. INTRODUCTION

A multidisciplinary professional who carries out diverse tasks for the economical and
efficient operation and maintenance of buildings, facilities, or complexes is involved in building
administration and management. Post-construction services facilitate communication between a
range of stakeholders, such as building owners, operators, manufacturers, research groups, utility
providers, architects, engineers, builders, and furniture vendors, as well as building administrators
and property managers. To optimize a building's lifespan and financial return, an architect can act as
the building administrator or property manager in a commercial, industrial, residential, or
institutional setting.

2. SCOPE OF SERVICES

2.1 Building and Facilities Administration

2.1.1 Building Maintenance. The Architect shall:

The building's condition is ensured through proper maintenance and upkeep services, including
cleaning of corridors, lobbies, stairs, exits, parking areas, and garbage collection. Rules for proper
use are formulated and enforced, particularly in common areas and emergency/egress/exit areas.
Security services are also monitored for safety.

2.1.2 Grounds and Landscaping Supervision. The Architect shall:

The role involves supervising landscape contractors and gardeners for proper maintenance of both
hardscapes and softscapes, maintaining orderly entrances, exits, parking areas, and streets like road
rights-of-way, walkways, and ramps.

2.1.3 Building Equipment Maintenance. The Architect shall:

The task involves assisting third parties in ensuring the proper maintenance and good
working condition of various equipment, including air-conditioning, sprinkler systems,
generators, transformers, and telecommunications equipment.

2.1.4 Business Development and Management. The Architect shall:

The goal is to innovate and maximize building occupancy while also charging tenants for
utilities such as electricity, water, telephone, cable, and gas.

2.2 Post-Construction Evaluation

2.2.1 Upon the request of the Owner, the Architect shall:

The process involves evaluating the design program, assessing the effectiveness of building
and materials systems, assisting third parties in evaluating the design and construction
process, and conducting a forensic investigation to identify and address defects and failures.
3. MANNER OF PROVIDING SERVICES

The architect can contract the owner in two ways: working as both an Architect-of-record
and a Consulting Architect for post-construction services, or solely as a Consulting Architect.

4. METHOD OF COMPENSATION

4.1. Percentage of gross rentals, maintenance and security fees; and/or

4.2. Monthly salary/ fee.

STANDARD OF PROFESSIONAL PRACTICE (SPP)


ON COMPREHENSIVE ARCHITECTURAL SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 206
(replacing the 1979 UAP Doc. 206)

1. INTRODUCTION

1.1. COMPREHENSIVE ARCHITECTURAL SERVICES

Comprehensive Architectural Services emerged to meet the demands of complex building


projects, transitioning from basic to comprehensive services. This includes pre-design,
regular design, specialized architectural, construction, and post-construction services. The architect
is the prime professional, creating, authoring, and coordinating building design. They must
be knowledgeable in other fields to effectively serve clients. The architect acts as the client's
agent in procuring and coordinating necessary services.

1.2. PROJECT MANAGEMENT (PM)

Architects can perform various services as per Section 2.1, but when an owner hires an
architect or a firm to coordinate Comprehensive Architectural Services (CAS), this is known
as Project Management (PM). PM involves management activities beyond the standard
architectural and engineering (A&E) services during the pre-design, design, and construction
phases. The objective is to control time, cost, and quality in relation to project construction.
The presence of a PM does not relieve designers and contractors of their duties in the design
and construction of the project. PM complements the roles of Architects, Engineers, and
Contractors in meeting project requirements.

2. SCOPE OF SERVICES

2.1. COMPREHENSIVE ARCHITECTURAL SERVICES

2.1.1. Pre-Design Services (SPP Document 201)


a. Consultation
b. Pre-Feasibility Studies
c. Feasibility Studies
d. Site Selection and Analysis
e. Site Utilization and Land-Use Studies
f. Architectural Research
g. Architectural Programming
h. Space Planning
i. Space Management Studies
j. Value Management
k. Design Brief Preparation
l. Promotional Services

2.1.2. Regular Design Services (SPP Document 202)


a. Project Definition Phase
b. Schematic Design Phase
c. Design Development Phase
d. Contract Documents Phase
e. Bidding or Negotiation Phase
f. Construction Phase

2.1.3. Specialized Architectural Services (SPP Document 203)

a. Architectural Interiors (AI)


b. Acoustic Design
c. Architectural Lighting Layout and Design
d. Site Development Planning (SDP)
e. Site and Physical Planning Services (including Master Development Planning,
Subdivision Planning and Urban Design)
f. Comprehensive Development Planning (CDP)
g. Historic and Cultural Heritage Conservation and Planning
h. Security Evaluation and Planning
i. Building Systems Design
j. Facilities Maintenance Support
k. Building Testing and Commissioning
l. Building Environmental Certification
m. Forensic Architecture
n. Building Appraisal
o. Structural Conceptualization
p. Preliminary Services
q. Contract Documentation and Review
r. Post-Design Services (including Construction Management Services)
s. Dispute Avoidance and Resolution
t. Architectural Research Methods
u. Special Building/ Facility Planning and Design
v. Building Components
w. Management of Architectural Practices

2.1.4. Construction Services


a. Fulltime Supervision Services (SPP Document 204-A)
b. Construction Management Services (SPP Document 204-B)

2.1.5. Post-Construction Services (SPP Document 205)


a. Building and Facilities Administration
b. Post-Construction Evaluation
2.2. PROJECT MANAGEMENT (PM)

2.2.1. Pre-Construction Phase


As early as during the design development phase, perhaps even concurrently with the Architect’s
commission, the Project Manager (PM) should conduct regular consultations with the Owner and
with the Architects and Engineers (for A&E services) on all aspects of planning for the project.

2.2.2. Construction Phase


If the Project Manager (PM) also serves as the Construction Manager (CM) to oversee time, cost and
quality control during the construction of the project, he shall provide the services detailed under
SPP Documents 204-A and/or 204-B.

3. MANNER OF PROVIDING SERVICES

3.1. COMPREHENSIVE ARCHITECTURAL SERVICES

The Architect typically contracts with the Owner to provide Comprehensive Architectural Services,
assuming the dual roles of Project Manager (PM) and Construction Manager (CM), or overall
coordinator, as outlined in the SPP.

3.1.2.The architect must utilize both his own skills and the services of other professionals to the
fullest extent possible in order to complete the range of services listed under the Comprehensive
Architectural Services. He may expand his staff by hiring the experts needed, or he may form a team
consisting of professionals such as but not limited to:

a. Architects
b. Engineers
c. Market Analysts
d. Accountants
e. General Contractors
f. Real Estate Consultants
g. Sociologists
h. Planners
i. Bankers
j. Lawyers

3.2. PROJECT MANAGEMENT (PM)

A Project Manager (PM) hired by the Owner may hire a Construction Manager (CM) who is
paid by the PM or directly by the Owner. The PM can also hire a Fulltime Supervisor as a staff
member or directly by the Owner. The PM operates as part of an Owner-Architect-Engineer-
Contractor Team, whether an individual or firm.
In the Team Approach, each member of the team will have precedence in his own field of operations
or expertise. In accordance with this principle:
The project's plan and design will be led by the Architect and Specialist Consultants, while
engineers will handle their respective plans. The Contractor will be responsible for their personnel
and project delivery. The Owner will make decisions and ensure funds are available for completion.
The Project Manager will manage overall cost control, plan, program, and monitor activities, acting
as an adviser on material costs and construction methods.
4. METHOD OF COMPENSATION

The Project Manager is compensated on a percentage basis, as per the Architect's


Guidelines. If the Project Manager performs regular design services for the same project, they will be
compensated separately, as per SPP Document 202.

STANDARD OF PROFESSIONAL PRACTICE (SPP)


ON DESIGN-BUILD SERVICES
(Part of the IRR of R.A. No. 9266)
SPP Document 207
(replacing the 1979 UAP Doc. 207)

1. INTRODUCTION

The architect's role in a building project is crucial in balancing time, quality, and cost. Design-
Build Services, a method developed by the building industry, aim to deliver projects efficiently, cost-
effectively, and with acceptable quality. The architect's education, training, and expertise enable
them to take a direct role in the project from conceptualization to implementation. Design-Build
Services simplify and expedite the process, while providing creative, cost-effective solutions. The
architect assumes professional responsibility and civil liability for both the design and construction of
the project.

2. SCOPE OF DESIGN-BUILD SERVICES

2.1 Design-Build Services by Administration


The scope of Design-Build Services by Administration is similar to that of the Architect’s Regular
Design Services (reference SPP Document 202):

2.1.1 Project Definition Phase

2.1.2 Schematic Design Phase

2.1.3 Design Development Phase

2.1.4 Contract Document Phase

2.1.5 Construction Phase

The Construction Phase involves preparing a schedule of work, program, and estimates for
materials, labor, transportation, equipment, and services after design services are
completed. It includes organizing and hiring construction personnel, negotiating contracts
with contractors, procuring materials, plants, and equipment, enforcing licenses and
permits, authorizing and executing account payments, keeping records, negotiating with
government and private agencies, and managing all other business transactions related to
the project's construction and implementation.

2.2 Design-Build Services with Guaranteed Maximum Project Construction Cost

The Design-Build Services by Administration method involves an architect providing a


guaranteed maximum project construction cost to the owner/client. The architect then provides an
estimate of the project, and if realized savings are found, they are divided equally between the
owner/client and the architect. The project construction cost is guaranteed not to exceed 10% of the
estimated cost. If the actual cost exceeds 10%, the architect is liable for the excess amount up to
their administration fee. If additional expenditures exceed the guaranteed maximum cost due to
legitimate change/variation orders, extra work orders, substantial escalation of materials or labor
costs, or other factors not attributable to the architect, the additional costs will be borne by the
owner/client.

3. MANNER OF PROVIDING SERVICES

The architect can participate in construction, including their own design, by adopting an
arrangement different from the general bidding process or different modes of Design-Build Services
(DBS), which can take various forms.

The architect is either a member of the entity constructing their design or works in tandem with or
has authorized an entity to construct it, or they are a State-licensed contractor implementing their
design.

3.2 In adopting any of the above arrangements, or any acceptable variation thereof, the
Architect must strictly adhere to the following:

3.2.1 The Architect must maintain their professional identity, prerogatives, and integrity
while adhering to the standards of the SPP, specifically Document 200 and SPP Document
202.

3.2.2 The Architect must adhere to the Architects Credo, disclosing any business ventures
that may create conflict of interest, ensuring they do not compromise the Client's interest or
interfere with impartial judgment.

4. METHOD OF COMPENSATION

The payment method for the architect follows the construction progress, with the client
directly paying for labor and materials, and the architect not advancing funds for work-
related expenses. A revolving fund is provided and subject to periodic audits. The
owner/client is responsible for all permits, licenses, and incidentals related to the work. The
architect may appoint additional personnel, such as a construction superintendent,
purchasing agent, timekeeper, and property clerk, with approval from the owner/client.
Salaries for these personnel are paid by the owner/client and not deductible from the
architect's fee.

STANDARD OF PROFESSIONAL PRACTICE (SPP)


ON ARCHITECTURAL DESIGN COMPETITION (ADC)
(Part of the IRR of R.A. No. 9266)
SPP Document 208
(replacing the UAP Doc. 209)

1. INTRODUCTION
The purpose of this SPP for Architectural Design Competition (ADC) is to state the principles upon
which competitions are based and by which Promoters/ Owners should be guided in organizing
ADCs. It has been drawn up in the interest of both Project Proponents/ Owners and Competitors.

2. DEFINITIONS

2.1 Owner - The organization or individual promoting an Architectural Design Competition (ADC)
aims to achieve design excellence for a project or development concept, inviting architects to submit
plans and finances the ADC.

2.2 Jury - Jurors, appointed by the Owner, consist of registered and licensed architects, assisted
by a lay Juror, nominated by the Owner and approved by IAPOA.

2.3 Professional Advisor – An Architect nominated by the Owner and approved by the IAPoA to
organize the ADC on behalf of the Owner.

2.4 Technical Advisors – Specialist personnel who may be consulted by the Jurors during the
conduct of the ADC to permit them to obtain all necessary relevant information.

2.5 Competition Secretariat – The body formed by the Owner and approved by the Professional
Advisor, to assist the Professional Advisor and the Jury in the administrative conduct of the ADC

2.6 Classification of Architectural Design Competitions (ADCs)

Architectural Design Competitions (ADCs) can be classified into two types: Project ADCs for actual
projects proposed for implementation and Ideas Competitions for design and planning exercises.
These ADCs can be conducted in a single or two-stage manner, and can be open or limited by
invitation. They are further classified based on complexity according to SPP Document 202. The full
conditions include the program, submission instructions, site plans, entry forms, and official
envelopes and labels. The Philippine Standard of Professional Practice (SPP) on ADC refers to the
ADC, and the IAPOA ADC Committee oversees all ADCs referred to the IAPOA.

3. IAPOA APPROVAL

The IAPOA, through the ADC Committee, must approve draft conditions before the Owner
makes an official announcement. This includes the timetable, registration fee, and jury
composition. The Owner or IAPOA ADC Committee Secretariat will issue a notice of a
National Architectural Design Competition (ADC) with a request for publication in technical
journals or other media. The announcement should specify where and how ADC documents
can be obtained and that the conditions have received IAPOA approval.

4. DRAWING UP THE ADC CONDITIONS

With stringent measures in place to uphold this principle, the competition system
guarantees competitors' anonymity until the ultimate verdict. All competitors must face the
same ADC conditions, which must explicitly state the goals, nature of the problem, and
necessary steps. It is important to distinguish between requirements that are mandatory
and those that are interpretive. The prescribed format for competition entries must be
followed, and competitors must receive special information such as social, economic,
technical, geographic, and topographical details. Selected competitors may receive
additional information and instructions that have been approved by the jury. The terms of
acceptance of necessary plans, documents, or models, as well as the standard format for
cost estimate presentation, are outlined in the conditions.

5. PROFESSIONAL ADVISOR

A Professional Advisor, appointed and paid by the Owner and approved by the IAPOA
National Board of Directors, supervises the ADC and prepares conditions. Their role includes
adhering to the ADC timetable, receiving competitor questions, responding to responses,
and ensuring anonymity. They assist the Jury but have no vote, and their responsibilities are
limited to the organization and competition conduct.

6. THE JURY

The Jury, appointed by the Owner and approved by the IAPOA, selects the members of the
competition, consisting of a minimum of seven members, with 4 out of 7 being architects. At
least one Architect-Juror should represent the IAPOA for correct competition conduct. Jurors
must be present at all meetings and review the conditions before they are made available to
competitors. Decisions are made by a majority vote, with separate votes for each
competition plan or design submitted. The Jury's report to the Owner must be signed before
dissolving and sent to the IAPOA. In a two-stage competition, the same Jury should judge
both stages. If a secondary competition occurs, the Jury appointed for the original
competition must be reappointed by the Owner. Awards are made by the Jury, using the
amount set aside for prizes in the ADC Conditions. The Owner must cover the fees, travel,
and subsistence expenses of Jury members.

7. PERSONS NOT ELIGIBLE FOR ENTRY TO THE ADC

The competition rules prohibit jury participation and commissioning with prize-winning
designs. Additionally, no promoting body member, associate, employee, or person involved
in the preparation or organization of the ADC will be eligible to compete or assist a
competitor.

8. PRIZES, HONORARIA AND MENTIONS

The project's conditions outline the amount and number of prizes, based on the project's
size, complexity, work, and expenses. The owner must allocate enough prize money to
compensate all competitors, with the first prize winner potentially being the first prize
winner. The owner must accept the Jury's decisions and pay the prizes within a month of the
announcement of the ADC results. In limited ADCs, each participant receives an honorarium,
while in two-stage competitions, a reasonable honorarium is paid to each selected
competitor. The conditions also state that winning plans/design schemes cannot be altered
without agreement with the author, and the owner must entrust the author with the project
commission. If the winner cannot meet the Jury's requirements, they may collaborate with
another architect approved by both the Jury and Owner. Compensation is provided for the
first prize winner if no contract is signed within 12 months of the award announcement.
9. COPYRIGHT AND RIGHT OF OWNERSHIP

Any changes to a plan or design must have the author's written permission, as they own the
copyright to their creation. The owner may only use the first-prize design after hiring the
author to prepare the project. Only the owner with permission from the author may use
other designs. One execution is covered by the owner's right to use the plan or design
created by ADC; however, conditions may apply for repeated work. Under Secs., the
exclusive right of reproduction belongs to the author. R.A. 20 (4) and 33. No. 9266, also
known as the 2004 Architecture Act and its IRR.

10. REGISTRATION OF COMPETITORS

After obtaining the architectural design competition (ADC) details, each competitor needs to
register with the owner and agree to the terms. The owner will provide the paperwork
needed to prepare designs or plans, and those who turn in a workable plan will have their
deposit returned. The identities of the contestants who have been chosen to proceed to the
next round of the competition will only be disclosed under extraordinary circumstances that
the jury has decided upon prior to the ADC's launch.

11. INSURANCE

The Owner is required to provide insurance coverage for the designs and plans of the
competitors for the period that he bears responsibility for them. Such insurance's coverage
amount will be specified in the terms.

12. EXHIBITIONS AND ENTRIES

A signed Jury report and an exhibition period of two weeks are required for all designs,
including those that were disqualified by the jury. The public is welcome to view the
exhibition for free. The owner is required to notify the IAPOA, registered competitors, and
the exhibition date, location, and ADC results. IAPOA receives photographs of prize-winning
designs with the option of publication.

13. RETURN OF PROJECTS

The ADC conditions state that all drawings and plans, except those awarded or purchased by
the owner, must be destroyed at the end of the public exhibition. If models are needed, they
must be returned to the author(s) at the owner's expense within one month of the
exhibition's conclusion.

14. ALTERNATIVE DISPUTE RESOLUTION (ADR) OR LITIGATION

The ADC Conditions must include provisions for conciliation, mediation, and arbitration, as
per R.A. No. 9285, to prevent disputes. Jury members are the sole arbiters at all stages, up to
the final prize-giving. If disputes are not related to the adjudication process or prize
awarding, they will be settled through an approved arbitration process, without initial
litigation. The expenses resulting from these procedures will be shared between the two
interested parties in the ADR proceeding.

You might also like