UAP Document 301

General Conditions

PROJECT

LOCATION

OWNER

ARCHITECT

GENERAL CONDITIONS

SECTION I : DEFINITIONS AND DOCUMENTS

ARTICLE 1 : DEFINITIONS

1.01 CONTRACT DOCUMENTS. The Contract Documents include all additions,

deletions and modification incorporated therein before the execution of the
Contract:

♦ Agreement
♦ General Conditions
♦ Special Provisions
♦ Specifications
♦ Drawings

1.02 OWNER: The person or entity, including his/its duly appointed successors or
authorized representatives, who orders the implementation of a project

1.03 ARCHITECT: refers to the Architect commissioned by the Owner

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

1.05 PROJECT REPRESENTATIVE: The Full-time Construction Inspector hired

and duly authorized in writing by the Owner to assist the Architect and the En-
gineer in the supervision of the work.

1.06 CONTRACTOR: The person, firm or corporation whose proposal has been ac-
cepted and to whom the Contract has been awarded.

1.07 SUB-CONTRACTOR: Anyone having a direct Contract with the Contractor

and who acts for or in behalf of the Contractor in executing any part of the
Contract. It does not include 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 as described by the
Contract Documents. This Bid is made out and submitted on the prescribed
Proposal Form, properly signed and guaranteed.

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General Conditions

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 and when 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 Con-
tractor to execute the work in accordance with the terms and conditions of the
Contract.

1.12 PAYMENT BOND is the approved form of security furnished by the Contrac-
tor and his Surety as a guarantee of good faith on the part of the Contractor to
pay all obligations arising from the Contract.

1.13 GUARANTEED BOND is the approved form of security furnished by the

Contractor and is Surety as a guarantee to the quality of the materials and
equipment installed and the workmanship performed by the Contractor.

1.14 AGREEMENT is the contract between the Owner and the Contractor under-
taking the project as described in the Contract Documents, including all sup-
plemental agreements thereto and all general and special provisions pertaining
to the work or materials therefor.

1.15 ADVERTISEMENT or INVITATION TO BID: The notices published or the

invitations issued by the Owner to perspective bidders, which offer information
as to the nature of the proposed project, the conditions for the issuance of con-
tract documents, the date of bidding, and the 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 any additional information on Contract Documents that is

issued to bidders before the date of bidding.

1.17 INSTRUCTIONS TO BIDDERS: The list of instructions stipulating the man-

ner 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.
These include all supplementary details and ship drawings.

1.19 GENERAL CONDITIONS are printed documents stipulating the procedures

and the 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 work to be done, de-

scribing 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 Specifica-
tions.

1.23 SCHEDULE OF MATERIALS AND FINISHES is an outline specification

enumerating the type or trade names of materials to be used.

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General Conditions

1.24 BREAKDOWN OF WORK AND CORRESPONDING VALUE is an itemized

listing of the different scope of the work, indicating in each part of the work
the corresponding value in materials and labor, including an allowance for
profit and overhead.

1.25 WRITTEN NOTICE: Written notice means any information, advice or notifi-
cation pertinent to the project, which may be delivered in person or sent by
registered mail to the individual, firm or corporation

1.26 ACT OF GOD OR FORCE MAJEURE includes earthquakes, floods, ty-

phoons, cyclones & 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 lo-
cality shall not be construed as an “Act of God” or “Force Majeure” and no re-
paration shall be made to the Contractor for the damages to the work resulting
thereof.

1.26 TIME LIMIT. Time Limit is the duration of time for the completion of the
project as stipulated in the Contract.

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

1.29 WORK: The term “work” of the Client or Sub-Contractor includes labor or
materials or both, as well as equipment, transportation, or other facilities, ne-
cessary to commence and complete the construction called for in the Contract.

1.30 FURNISH: The term “furnish” shall be understood to mean purchase and/or
fabricate and deliver to the job site or other location so designated.

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

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

1.33 REQUIRED OR NECESSARY: The terms “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”, “di-

rected” and “acceptable” 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 equip-
ment 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.

ARTICLE 2 : EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

2.01 SIGNATURE ON DOCUMENTS: The Contract Documents shall be signed

in five (5) copies by the Owner and the Contractor and duly signed by wit-
nesses.

2.02 INTENT OF CONTRACT DOCUMENTS: The Contract Documents are

complementary; that is, what is called for by any one shall be as binding as if

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General Conditions

called for by all. The intent of the Drawings and the Specifications is to pre-
scribe the complete work to be undertaken to comply with the Contract. The
intention is to include all labor, materials, equipment and transportation neces-
sary for the proper execution of the work.

2.03 CONFORMITY TO THE CONTRACT DOCUMENTS: All work shall con-

form to the Contract Documents.

2.04 CONTRACTOR DOCUMENTS AT SITE OF WORK. The Contractor shall

keep, at the site of work, one good copy of all Drawings, Specifications,
Breakdown of Work, and Schedule of Construction Work, including all in-
structions and graphs available to the Architect and his representatives.

2.05 OWNERSHIP OF CONTRACT DOCUMENTS AND MODELS. The Draw-

ings, Specifications and Models, including all additional instructions, and cop-
ies thereof, furnished for this work by the Architect are the properties of the
Architect. They are not to be used on any other work and, with the exception
of the signed contract set, are to be returned to the Architect at the completion
of the work, before Final Payment to the Contractor is made.

ARTICLE 3 : DRAWINGS AND SPECIFICATIONS

3.01 COPIES OF DRAWINGS AND SPECIFICATIONS: The Owner shall fur-

nish the Contractor, free of charge, three sets of Drawings and Specifications.
Extra copies of Drawings and Specifications as required by the Contractor will
be furnished to him at the cost of reproduction.

3.02 COORDINATION OF DRAWINGS AND SPECIFICATIONS: All Draw-

ings 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 Architect shall give all directions and explanations
necessary and proper to make more definite and certain any requirement of the
Drawings (including notes thereon) or any provision of the Specifications. The
Contractor shall carefully examine, compare and verify the data furnished by
the Drawings and Specifications. Any doubt as to the meaning of the Draw-
ings (including notes thereon) or of the Specifications or any obscurity as to
the wording of the Specifications will be referred to the Architect for explana-
tion.

3.03.a Should a conflict occur between Drawings, or a conflict between specifications

and Drawings, the Contractor shall be deemed to have estimated a more expen-
sive way of doing work unless he shall have asked for and obtained a decision,
in writing from the Architect before submission of proposals as to which me-
thod or materials will be required. If, after award, the less expensive work is
done, the Contractor shall credit the Owner an amount equivalent to the differ-
ence between the more expensive and the less expensive work.

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General Conditions

3.03.b If, in the Contractor’s opinion, any work indicated on the Drawings, or speci-
fied in such a manner that it will be impossible to produce a first-class work,
he shall refer this matter to the Architect for interpretation before proceeding
with work. If the Contractor fails to make such reference, no excuse will the-
reafter be entertained for failure to carry out work in the most satisfactory
manner.

3.04 DISCREPANCIES AND VARIANCE : 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 discre-
pancies so as to conform to the real intent of the drawings and specifications
shall govern and shall be followed by the Contractor.

3.04.a If there is a variance between the Drawings and the Specifications, the provi-
sions of the specifications shall control. In case of conflict between the Gener-
al Conditions of the Contract or any modification thereof and the detailed spe-
cifications requirements shall control.

3.04.b Any discrepancy found between the Drawings or Specifications and site condi-
tions or any error or omission in the Drawings or Specifications shall be im-
mediately reported to the Architect or Engineer, who shall promptly correct
such discrepancy, error, or omission after his investigation. Any work or cor-
rection involving such discrepancy shall be done at the Contractor’s risk.

3.05 ADEQUACY OF THE DESIGN : The Owner shall bear the responsibility
for the adequacy of the design and for the sufficiency of the Drawings and
Specifications. The Owner, through the Architect or Engineer, or the Architect
or Engineer, acting as representative of the Owner, shall supply the Drawings
and Specifications, which shall set forth the complete requirements or the
work to be performed under the Contract. The Drawings and Specifications
furnished shall be in accordance with the Contract Documents and shall be a
true and accurate development thereof.

ARTICLE 4 : DETAIL DRAWINGS AND INSTRUCTIONS

4.01 SUPPLEMENTARY DRAWINGS AND INSTRUCTIONS: Additional detail

drawings and instructions essential to the proper interpretation of the Drawings
and the proper execution of the work will further supplement these Drawings
and Specifications. The Architect shall furnish with reasonable promptness
such additional detail drawings and instructions. All such detail drawings and
instructions shall be consistent with the Contract Documents, true develop-
ments thereof, and reasonably inferable therefrom and are to be considered of
equal force as those which originally accompanied the specifications. The
work shall be executed in conformity with such detail drawings and instruc-
tions, and the Contractor shall do no work without proper drawings and in-
structions.

4.02 SCHEDULE FOR SUBMISSION OF DETAIL AND SHOP DRAWINGS:

The Contractor and the Architect or Engineer, if either one so requests, shall
jointly prepare a work schedule, which shall be subject to change from time to
time in accordance with the progress of the work, fixing the dates at which the
various detail drawings will be required. The Architect shall furnish them with
the required detail drawings in accordance with the schedule. Under like con-
ditions, a schedule shall be prepared, fixing the dates for submission of the

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General Conditions

shop drawings, for the beginning of manufacture, for installation of materials

and for the completion of the various parts of the work.

ARTICLE 5: SHOP DRAWINGS

5.01 CONDITIONS IN THE PREPARATION OF SHOP DRAWINGS: The Con-

tractor shall prepare, at his own expense, two copies of all shop or setting
drawings, templates, patterns and models, as well as the schedule required for
the work of the various trades. These shall be submitted with such promptness
to avoid delay in his own work or in that of any other contractor doing work on
the same building. The Architect shall review them with reasonable prompt-
ness, making desired corrections. The Contractor shall apply the corrections
made 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 hav-
ing bearing on work indicated on shop drawings is accurately and distinctly il-
lustrated and that work is in conformity with Contract requirements.

5.03 IDENTIFICATION: Shop drawings shall be numbered consecutively and

represent:

5.03.a All working and erection dimensions.

5.03.b Arrangements and sectional views.

5.03.c Necessary details, including complete information for making connections

with other work.

5.03.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: Upon submission, a letter of transmittal in

duplicate shall accompany the shop drawings, which contain the name of
project, Contractor’s name, number of drawings, titles, and other pertinent da-
ta.

5.05 CORRECTIONS, CHANGES AND VARIATIONS: The Contractor shall

submit three sets of prints of shop drawings to the Architect for approval. Sa-
tisfactory shop drawings will be so identified by the Architect, dated, and one
copy thereof returned to the Contractor. Should shop drawings be disapproved
by the Architect, one set of such shop drawings will be returned to the Contrac-
tor with necessary corrections and changes to be made as indicated.

5.05.a The Contractor shall make the required corrections and changes and re-submit
shop drawings in duplicate until the Architect’s approval is obtained.

5.05.b Upon receipt of approval, the Contractor shall insert date of approval on trac-
ings and promptly furnish the Architect with three additional prints of ap-
proved drawings.

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5.05.c No work called for by shop drawings shall be executed until the Architect’s
approval is given.

5.05.d If shop drawings show variations from Contract requirements because of stan-
dard shop practices or other reasons, the Contractor shall make specific men-
tion of such variations in his letter of submittal.

5.06 RESPONSIBILITY FOR ACCURACY: Approval of shop drawings will be

general. It shall not relieve the Contractor of responsibility for accuracy of
such shop drawings, nor for proper fitting and construction of work, nor for
furnishing of materials, nor for work required by the Contract, but not indi-
cated on shop drawings. The Architect’s approval of such drawings or sche-
dule shall not relieve the Contractor from responsibility for deviations from
drawings or specifications, unless he has called the Architect’s attention, in
writing, to such deviations at the time of submission and secure his written
approval, nor shall it relieve him from responsibility for errors of any sort in
shop drawings or schedules.

SECTION II : LAWS, REGULATIONS, SITE CONDITIONS,

PERMITS AND TAXES
ARTICLE 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, standards,
rules and regulations, in so far as they are binding or affecting the parties here-
to, 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, build-
ing codes, standards, rules and regulations without such notice to the Architect,
he shall bear all the 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 as to the facilities that may be required and the difficulties that
may arise upon execution of the proposed contract. He must also consider local
conditions and all other contingencies. No extra compensation and extension
of time will be given due to negligence or inadvertence of the Contractor.

ARTICLE 7: PERMITS, TAXES AND SURVEYS:

7.01 PERMITS AND LICENSES: All construction permits and licenses necessary
for the execution of the work or of any temporary work and easements in rela-
tion thereto should be secured, and the corresponding required fees paid for by
the Contractor. The cost of such permits and licenses may, however, be reim-
bursed by the Owner to the Contractor, if specifically stipulated in the prior in-
structions of the Owner or the Architect.

The Contractor shall be solely responsible for his actions should he start the
construction before acquiring the necessary permits and licenses.

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The Contractor shall also secure the final occupancy permit, but he shall not be
responsible for the non-issuance or the delay in the issuance thereof through no
fault of the Contractor.

7.02 TAXES: Wherever the law of the locality of the building site requires a sales,
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 MARK: The Owner shall

be responsible for the establishment of lot lines, boundary lines, easements,
and benchmarks by a certified surveyor. The Owner may relegate this respon-
sibility to the Contractor, provided the Owner shall pay for the cost of said ser-
vices. All other grades, lines, levels, and benchmarks necessary for the prose-
cution of the work shall be established and maintained by the Contractor.

7.03.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.

7.03.b The Contractor shall provide and maintain well-built batter boards at all cor-
ners. He shall establish benchmarks in not less that two widely separated plac-
es. As work progresses, he shall establish benchmarks at each floor giving ex-
act levels of various floors.

7.03.c As work progresses, the Contractor shall lay out the exact location of all parti-
tions as a guide to all trades.

7.04 SERVICES OF LICENSED SURVEYOR: The Contractor shall pay for ser-
vices of a licensed surveyor, when so required, to confirm and certify the loca-
tion 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 to the Architect. It is the intention that the
Surveyor’s Certification shall represent an independent and disinterested veri-
fication of such layout.

7.04.a The Contractor shall furnish certifications from licensed surveyor that all por-
tions of work are located in accordance with Contract requirements and at ele-
vations required thereby.

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

7.05 FINAL CERTIFICATION: Final certification shall be submitted upon com-

pletion of work, or upon completion of any section of work, if required by the
Architect, before final payment is made. Any exception or deviations from the
Drawings shall be noted on final certificate. Maps, plots, notes, and the like
may be included as deemed necessary, in the opinion of the Architect, to con-
stitute a full and complete report.

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SECTION III : EQUIPMENT AND MATERIALS

ARTICLE 8 : GENERAL

Notwithstanding anything herein specified or provided that may be construed

to the contrary, all materials and equipment must conform to all laws, ordin-
ances, regulations, building codes or standards, which may be in force and ap-
plicable during the period of construction. The Contractor shall obtain the ne-
cessary permits and pay the required fees to the proper authorities. The Con-
tractor shall bear any and all damages caused by any delay in the work arising
from his failure to comply with the provisions of this clause. However, should
any revision or amendment to such laws, ordinances, regulations and building
codes be made during the construction period that affects the cost or time of
completion of the contract, a corresponding adjustment shall be made.

ARTICLE 9: EQUIPMENT

9.01 QUALITY OF EQUIPMENT: In order to establish standards of quality, the

Architect or the Engineer may refer to certain equipment by name and catalog
number in the detailed Specifications. This procedure, however, is not to be
construed as eliminating from competition other products of equal or better
quality and fully suitable in design by other manufacturers.

9.01.a The Contractor shall furnish the Owner and the Architect or Engineer with a
complete list of proposed substitutions prior to the signing of the Contract, to-
gether with such engineering and catalog data.

9.01.b The Contractor shall abide by the Architect’s and the Engineer’s judgments
when proposed substitute items of equipment are judged to be acceptable and
shall furnish the specified item of equipment in such case. All proposals for
substitutions shall be submitted in writing by the General Contractor and not
by individual trades or material suppliers. The Architect and the Engineer will
approve or disapprove proposed substitutions in writing within a reasonable
time. No substitute equipment shall be used unless approved in writing.

9.02 EQUIPMENT APPROVAL DATA: The Contractor shall furnish three copies
of complete catalog data for every manufactured item of equipment and all
components to be used in the work, including specific performance data, ma-
terial description, rating, capacity, working pressure, material gauge or thick-
ness, brand name, catalog number, and general type.

9.02.a This equipment data shall be compiled by the Contractor and approved by the
Architect and the Engineer before any of the equipment is ordered.

9.02.b Each data sheet or catalog in the submission shall be indexed according to spe-
cification section and paragraph for easy reference.

9.02.c After written approval, this submission shall become a part of the Contract,
and may not be deviated from except upon written approval of the Architect
and Engineer.

9.02.d Catalog data for approved equipment does not in any case supercede the Con-
tract Documents. The approval of the Architect and the Engineer shall not re-
lieve the Contractor from his responsibility for deviations from Drawings or

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Specifications, unless he has called their attention, in writing, to such devia-

tions nor shall he be relieved from responsibility for any error in the items
submitted. The Contractor shall check the work described by the Catalog data
with the Contract Documents for deviations and errors.

9.02.e It shall be the responsibility of the Contractor to ensure that items to be fur-
nished shall fit the space available. He shall make necessary field measure-
ments to ascertain space requirements, including those for connections, and
shall order such sizes and shapes or equipment that the final installation shall
suit the true intent and meaning of the Drawings and Specifications.

9.02.f Where equipment requiring different arrangement of connections from those

shown is approved, it shall be the responsibility of the Contractor to install
equipment that will operate properly and in harmony with the intent of the
Drawings and Specifications. It shall also be his responsibility to make all
changes in the work required by the different arrangement of connections.

ARTICLE 10 : MATERIALS, FIXTURES, APPLIANCES, AND FITTINGS

FURNISHED BY THE CONTRACTOR

10.01 MANUFACTURERS AND DEALERS: Names of proposed manufacturers,

materials men, and dealers who are to furnish materials, fixtures, appliances or
other fittings shall be submitted to the Architect for approval as early as possi-
ble, to provide sufficient time for proper investigation and checking.

10.01.a No manufacturer will be approved for any materials to be furnished under this
Contract unless he shall be of good reputation, shall have a plant of ample ca-
pacity and adequate quality control and shall have successfully produced simi-
lar products.

10.01.b All transactions with manufacturers or sub-contractors shall be through the

Contractor.

10.01.c In asking for prices on materials, the Contractor shall provide the manufacturer
or dealer with complete information from the Specifications and Drawings, and
shall inform the manufacturer or dealer of all pertinent contract requirements.

10.01.d The manufacturer or dealer shall properly code or identify all the materials,
equipment, fixtures, appliances or other fittings supplied by him in accordance
with the existing standards to indicate class grade or quality.

10.02 SAMPLES OF MATERIALS: The Contractor shall submit samples specified

or required materials for approval, with such promptness as to cause no delay
in work. Work shall be in accordance with approved samples.

10.02.a Unless otherwise specified, three samples of materials of adequate size, show-
ing quality, type, color, range, finish and texture shall be submitted.

10.02.b Each sample shall be labeled, bearing material name and quality, the manufac-
turer’s name, date, project name, and other pertinent data.

10.02.c If the specifications require the manufacturer’s printed installation directions,

such directions shall accompany the samples submitted for approval.

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10.02.d A letter of transmittal in triplicate from the Contractor requesting approval

shall accompany all sets of samples.

10.02.e Transportation charges to the Architect’s office must be prepaid on all samples
forwarded.

10.02.f Materials shall not be ordered until a written approval is received from the
Architect. All materials that shall be furnished must be substantially equal in
every respect to the approved samples.

10.03 TRADE NAME MATERIAL S AND SUBSTITUTES:

10.03.a Whenever an item or class of material is specified exclusively by trade name,

by manufacturer’s name or by catalogue reference, only such item shall be
used except as provided for in paragraph (b) hereof.

10.03.b No substitution shall be made for any material, article, or process required un-
der Contract unless approved, in writing, by the Architect.

10.03.c Materials and articles installed or used without such approval shall be at the
risk of subsequent rejections.

10.03.d Samples of materials for use in reinforced concrete work such as steel bars,
cement, aggregate and their certificates of origin are to 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 sam-
ples are to be paid by the Contractor.

10.05 QUALITY OF MATERIALS: Unless otherwise specified, all materials shall

be new and of the best quality. 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 materials
shall be final and precedent to the Contractor’s right to receive any money he-
reunder.

10.06 STORAGE AND STOCKPILING OF MATERIALS:

10.06.a The Contractor shall allot suitable space to sub-contractors for storage of their
materials and for erection of their sheds and tool houses.

10.06.b All cement, lime, and other materials affected by moisture shall be stored on
platforms and protected from weather. Materials shall be properly stored, en-
suring the preservation of their quality and fitness for the work, shall be so lo-
cated as to facilitate prompt inspection.

10.06.c Should it be necessary, the Contractor shall move materials, sheds, or storage
platforms at his own expense.

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10.07 DEFECTIVE MATERIALS: All materials not conforming to the require-

ments of these Specifications shall be considered as defective. No defective
materials nor those whose defects have been subsequently corrected, shall be
used until approval has been given. Failure on the part of the Contractor to
comply, the architect shall have authority to remove and replace defective ma-
terials and to deduct the cost of removal and replacement from any money due
to the Contractor.

10.07.a The apparent silence of the Specifications, Drawings, Special Provisions and
Supplementary Specifications on any detail or description concerning any
point shall be regarded as meaning that only the best general practice is to pre-
vail and that only materials and workmanship of first class quality are to be
used.

10.07.b Failure or neglect on the part of the Architect, or any of his agents, to condemn
or reject bad or inferior materials shall not be construed to imply an acceptance
of the materials, if said bad or inferior materials are discovered at any time
prior to the final acceptance of the work by the Owner and the release of the
Contractor.

10.08 IMPORTED MATERIALS, FIXTURES AND EQUIPMENT: The Contrac-

tor shall take cognizance of the time element of the Contract. He shall make
early arrangements for the purchase and delivery of all specified imported ma-
terials, fixtures, appliances and equipment in order to avoid delay in the com-
pletion of the work.

No extension of time or substitution of materials shall be allowed due to negli-

gence or inadvertence of the Contractor.

ARTICLE 11: MATERIALS, EQUIPMENT, FIXTURES, APPLIANCES AND

FITTINGS FURNISHED BY THE OWNER

Materials, equipment, fixtures, appliances and fittings, specifically indicated,

may be furnished by the Owner in accordance with schedule of delivery agreed
upon between the Owner and the Contractor. The fact that the Owner is to
furnish materials is conclusive evidence of its acceptability for the purpose in-
tended, and the Contractor may continue to use it until otherwise directed. If
the Contractor discovers any defect in the materials furnished by Owner, he
shall immediately notify the Architect. The Contractor shall be responsible for
any material loss or damage after receipt of any material, equipment, fixture,
appliance or fitting, unless the same has been installed and accepted for safe
keeping by the Owner or his representative.

ARTICLE 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 corres-
ponding thereto for infringement of any patent rights and shall save the Owner
from loss on account thereof.

ARTICLE 13: MANUFACTURER’S DIRECTIONS

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General Conditions

All manufactured articles, materials, equipment appliances, fixtures and fit-

tings shall be applied, installed, connected, erected, used, cleaned, and condi-
tioned, in accordance with manufacturer’s printed directions, unless herein
specified to the contrary. If reference is made to manufacturer’s directions, the
Contractor shall submit specified number of copies of such directions to the
Architect.

SECTION IV: PREMISES AND TEMPORARY STRUCTURES

ARTICLE 14: USE OF PREMISES

14.01 LIMITATION OF USE: The contractor shall confine his equipment and appa-
ratus, the storage of materials, and the operations of his workmen to limits in-
dicated 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 nor permit
any part of the structure to be loaded with a weight that will endanger its safe-
ty. The Contractor shall enforce the Architect’s instructions regarding signs,
advertisements, fires and smoking.

ARTICLE 15: TEMPORARY STRUCTURES AND FACILITIES

15.01 TEMPORARY OFFICE AND CONTRACTOR’S BUILDING: The Contrac-

tor shall at all times provide and maintain an adequate and weather-tight tem-
porary office with water, light, telephone, and toilet facilities for the use of the
Architect, resident engineers, inspectors, contractor, and sub-contractors. This
office shall be provided with wooden floor raised above the ground, windows,
doors with locks, tables, closet, blackboard, tackboard, benches and racks for
drawings. One room of approximately 12 square meters shall be provided for
the Architect’s use.

15.02 TEMPORARY HOUSING FOR WORKERS: The temporary buildings for

housing men, or the erection of tents or other forms of protection will be per-
mitted only at such places as the Owner or Architect shall designate. The sani-
tary condition of the grounds in or about such structures shall at all times be
maintained in a manner satisfactory to the Owner and the Architect. Nobody
shall be allowed to sleep or cook within the building line of the project under
construction.

15.03 TEMPORARY SANITARY FACILITIES AND FIRST AID STATION: The

Contractor shall provide, construct and maintain for the duration of the con-
tract, ample sanitary toilet accommodation and other necessary conveniences,
including water connections for the use of personnel and laborers on the work.
Such temporary sanitary facilities must be properly secluded form public ob-
servation and shall be approved by the Architect. The use of these facilities
shall be strictly enforced. He shall keep such places clean and free from flies,
remove all connections and appliances connected therewith prior to the com-
pletion of the contract and leave the premises perfectly clean.

15.04 TEMPORARY BARRICADES AND GUARD LIGHTS: The Contractor shall

furnish and put up all temporary barricades and guard lights necessary for the
proper execution and completion of work. The guard lights at the top of the

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General Conditions

falsework tower, barricades, railings, etc., shall be provided and maintained by

the Contractor throughout in the prosecution of the project.

15.05 TEMPORARY WATER, POWER AND TELEPHONE FACILITIES: The

Contractor shall make all necessary arrangements with the local utility compa-
nies to provide temporary facilities for water, power, and telephone until the
work has been completed. All expenses incurred in connections therewith
shall be paid by the Contractor.

15.06 TEMPORARY SIGNS: No signs or advertisements will be displayed without

the Architect’s approval. The Contractor may erect one painted sign as ap-
proved by the Architect, giving names and addresses of the Architect, Contrac-
tor and various sub-contractors. The Architect shall approve the size, color,
lettering, and sign location.

15.07 TEMPORARY ROADWAYS: The Contractors shall construct and properly

maintain temporary roadways within and adjacent to site in order to provide
proper access to the building. Such temporary roadways must be able to ade-
quately sustain loads to be carried on them and must be so constructed as not to
endanger existing or newly installed underground structures.

15.08 TEMPORARY STAIRS, LADDERS, RAMPS, RUNWAYS: The Contractor

shall furnish and maintain all equipment such as temporary stairs, ladders,
ramps, scaffolds, runways, derricks, chutes, and the like, as required for proper
execution of work b all trades. All such apparatus, equipment, and construc-
tion must meet all requirements of local laws applicable thereto.

15.09 TEMPORARY ELEVATORS AND HOISTS: The Contractor shall install and
operate an adequate number of hoists and elevators. No hoists shall be con-
structed on locations that will interfere with or affect construction of floor
arches (or work of other Contractors). They may be located at exterior sides of
structure and extend upward adjacent to line of window openings. They must
be located at a sufficient distance from exterior walls and be so protected as to
prevent damage, staining, or marring the permanent work.

15.10 TEMPORARY ENCLOSURES: The Contractor shall provide temporary

weather tight enclosure for all exterior openings as soon as walls and roof are
built so as to protect all work from weather. All exterior doors shall be
equipped with self-closing hardware and padlocks. All exterior windows shall
be provided with temporary sash frames securely fastened in place but remov-
able when required. Such sash frames shall be covered in approved manner.

15.11 TEMPORARY OR TRIAL USAGE: Temporary or trial usage by the Owner

of any mechanical device, machinery, apparatus, equipment, or any work or
materials supplied under Contract before final completion and before written
acceptance by the Architect shall not be construed as evidence of the Archi-
tect’s acceptance of same.

The Owner shall have the privilege of such temporary or trial usage, for such
reasonable length of time as the Architect shall deem to be proper. No claim
for damage shall be made by the Contractor for injury to or breaking of any
parts of such work, which may be caused by weakness or inaccuracy of struc-
tural parts or by defective material or workmanship.

If the Contractor so elects, he may, at his own expense, place persons satisfac-
tory to the Architect to make such trial usage.

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15.12 REMOVAL OF TEMPORARY STRUCTURES: The Contractor shall remove

all temporary work form premises, which have been erected by him, and shall
clean the premises as a condition for completing the work and before accep-
tance of the work by the Owner.

SECTION V: PROTECTION OF WORK AND PROPERTY

ARTICLE 16: PROTECTION OF WORK AND OWNER’S PROPERTY

16.01 SAFEGUARD MEASURES: The Contractor shall put up safety measures and
continuously maintain adequate protection of all his work from damage. He
shall protect the Owner’s property, as well as all materials furnished and deli-
vered to him by the Owner. He shall make good any such damage, injury or
loss, except such as may caused by agents or employees of the Owner, or due
to causes considered as Act of God.

16.01.a The Contractor shall provide reliable and competent watchmen to guard the
site and premises, from the commencement of operations until the building is
fully completed. All doorways must be provided with locks, and the Contrac-
tor shall lock doors at the close of each day’s work. In the event that the Arc-
hitect, at any time, deems watchmen service inadequate or incompetent, the
Contractor shall increase or change the watchmen personnel to the Architect’s
satisfaction.

16.01.b Smoking on premises shall be prohibited except in designated places, where

signs to this effect shall be posted conspicuously. Fires shall not be built on
premises except by express consent of the Architect.

16.01.c The Contractor shall provide and maintain barrels of water and fire buckets on
premises for fire protection. Such equipment shall not be used for any other
purpose.

16.01.d The Contractor shall provide and maintain in good working order an adequate
number of fire extinguishers.

16.02 OLD MATERIALS: All old materials of value found by the Contractor at the
site of the work shall be carefully piled and stored at a place designated by
Owner or the Architect, and the Contractor shall be responsible for the same
until final acceptance of the work.

16.03 TREES AND OTHER PLANTS: Existing trees, plants, shrubs, etc., which are
to remain shall be boxed and otherwise protected from damage. No trees with-
in site or located outside building lines shall be cut or removed without specific
approval from the Owner and the Architect.

16.03.a All trees and other plants that need to be transplanted elsewhere within fifty
(50) meters from the building lines shall be done by the Contractor at his own
expense in accordance with instructions from the Architect or from the authori-
ties concerned.

16.03.b Undue damage to trees, plants, shrubs, streets, sidewalks, etc., resulting from
and in connection with the construction work shall be made good and/or re-

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placed by the Contractor at his own expense to the satisfaction of the Owner
and the Architect.

16.04 DRAINAGE: If it is necessary in the prosecution of the work to interrupt or

obstruct the natural flow of rivers or streams, the drainage of the surface, or the
flow of artificial drains, the Contractor shall provide for the same during the
progress of the work in such a way that no damage shall result to either public
or private interests. He shall solely be held liable for all damages, which may
result from any neglect to provide for other natural or artificial drainage, which
he may have interrupted.

ARTICLE 17: PROTECTION OF ADJACENT PROPERTY AND EXISTING

UTILITIES

17.01 CONTRACTOR’S SOLE RESPONSIBILITY: The Contractor shall adequate-

ly protect adjacent property as provided by law and the Contract Documents.
The construction building or work, in addition to any neighboring property or
building, which may be jeopardized in any manner, must be thoroughly and
substantially braced against winds, floods, setting, falling, or like similar oc-
currences, and when necessary, covered and protected from sun and rain at the
Contractor’s expense. The Contractor shall solely be liable and pay for all
damages occasioned in any manner by his acts or neglect, or of his agents, em-
ployees, or workmen.

17.02 EXISTING UTILITIES: Existing utilities, which have been damaged due to
the negligence or fault of the Contractor, shall be repaired by the Contractor at
his expense.

ARTICLE 18 : PROTECTION OF LIFE, WORK AND PROPERTY DURING AN

EMERGENCY

18.01 AUTHORIZATION TO CONTRACTOR: In an emergency affecting the

safety of life, of the work or of the adjoining property, the Contractor, without
special instructions or authorization from the Architect or Owner, is hereby
permitted to act, at his discretion, to prevent such threatened loss or injury and
he shall so act, without appeal, if so instructed or authorized. Any compensa-
tion claimed by the Contractor on account of emergency work, shall be deter-
mined by agreement of arbitration.

SECTION VI : LABOR, WORK AND PAYMENTS

ARTICLE 19: LABOR

19.01 CHARACTER OR WORKMEN: The Contractor shall employ only competent

and efficient engineers, superintendents, foremen, mechanics, laborers, or arti-
sans. Whenever, in the opinion of the Architect, any employee is careless, in-
competent or obstructive in the progress of the work or acts contrary to instruc-
tions or conducts himself improperly, the Contractor shall, upon written re-
quest of the Architect, discharge or otherwise remove him from the work and
not employ him again upon it.

Should the Contractor fail to remove unsatisfactory workmen or fail to furnish

suitable and sufficient personnel for the proper prosecution of the work, the

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General Conditions

Architect may withhold payment which are or may become due, or may sus-
pend the work until such orders are compiled with.

19.02 SUPERINTENDENCE AND SUPERVISION: The Contractor, if he super-

vises the work personally, must be a licensed engineer or architect; otherwise,
he must have in his employ a licensed engineer or architect acceptable to the
Architect who will supervise the work personally and inspect it at least once a
week.

The Contractor shall keep in his project site, during the work’s progress, a
competent Project Engineer or Superintendent and any necessary assistant,
who is satisfactory to the Architect.

The Project Engineer or Superintendent shall represent the Contractor in his

absence and all directions given to him shall be as binding as if given to the
Contractor. He shall have full authority to execute the orders or directions of
the Architect without delay and to promptly supply such materials, tools,
plants, equipment, and labor as may be required.

ARTICLE 20: WORK

20.01 METHODS AND APPLIANCES: The Contractor shall use such methods and
appliances for the performance of all the operations connected with the work
embraced under this Contracts that will produce a satisfactory quality of work
and rate of progress which, in the opinion of the Architect, will ensure the
completion of the work within the contract time.

20.01.a If, at any time before the commencement or during the progress of the work,
such methods or appliances appear to the Architect to be inefficient or inap-
propriate for producing the quality of work required, or insuring the required
rate of progress, the Architect may order the Contractor to increase the rate of
their efficiency, or to improve their system of operation. The Contractor must
comply with such order. Failure, however, of the Architect to demand such in-
crease of efficiency or improvement of character of methods and appliances
shall not relieve the Contractor from his obligation to turn out such quality of
work and rate of progress as called for in this Contract.

20.01.b The Contractor shall, if required, furnish to the Architect for approval full in-
formation and satisfactory evidence as to the name of the manufacturer of ma-
chinery, mechanical or other equipment, which he contemplates using, together
with the performance capacities and other pertinent information.

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,
as 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, em-
ployees, or workmen, they should be replaced by the Contractor at his own ex-
pense.

20.03 INSPECTOR OF WORK: The Owner, the Architect and their representatives
shall at all times have access to the work, whether it is in preparation or

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progress, and the Contractor shall provide proper facilities for such access and
for inspection.

20.03.a If the Specifications, the Architect’s instructions, laws, ordinances or any pub-
lic authority require any work to be specifically tested or approved, the Con-
tractor shall give the Architect and other parties, who are required to make the
inspection, timely notice of its readiness for inspection If any work should be
covered up without approval or consent of the Architect, it must, if required by
the Architect, be uncovered for examination at the Contractor’s expense.

20.03.b The Architect may order the re-examination of work, and the Contractor, for
his part, must uncover the questioned work. If such work be found not in ac-
cordance with the Contract Documents, the Contractor shall pay the cost.

20.03.c The Contractor shall furnish promptly and without additional charge all rea-
sonable facilities, labor, and materials necessary for the safe and convenient in-
spection and tests that may be required by the inspectors. All inspection and
tests shall be performed in such manner that will not unnecessarily delay the
work.

20.03.d If there are indications that the work done are not in accordance with the plans
and specifications, the Architect may, at any time before the final acceptance
of the entire work, make an examination of the work already completed. By
removing or tearing out the same, the Contractor shall, upon request, promptly
furnish all necessary facilities, labor, and materials. If such work is found to
be defective in any material respect due to fault of the Contractor or his sub-
contractors, he shall defray all the expenses of such examination and of satis-
factory reconstruction. If, however, such work is found to meet the require-
ments of the Contract, the actual cost of labor and materials necessarily in-
volved in the examination and replacement plus 15 percent, shall be allowed
the Contractor and he shall, in addition, be granted a suitable extension of time
if completion of the work has been delayed on account of the additional work
involved.

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 the final acceptance
of the work by the Owner and the release of the Contractor.

20.05 WORK DURING AN EMERGENCY: The Contractor shall perform any work
and shall furnish and install all materials and equipment necessary during an
emergency endangering life or property. In such cases, he shall notify the
Architect and the Engineer of the emergency as soon as practicable, but he
shall not wait for instructions before proceeding to properly protect both life
and property.

20.06 INCREASED OR DECREASED QUANTITIES OF WORK: Adjustments of

Drawings to suit field conditions, which cannot be foreseen at the time of call-
ing for bids, may be necessary during construction. It is the essence of the
Contract to recognize such changes in Drawings as constituting a normal and
expected margin of adjustment, and not involving nor permitting change or
modification of Contract Prices, provided only, that resulting overruns or un-

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General Conditions

derruns form the quantities in the Proposal do not exceed five percent. In case
of discrepancy, the matter shall be submitted immediately to the Architect, be-
fore any adjustment shall be made by the Contractor, otherwise it shall be at
his own risk and expense.

20.07 CHANGES IN THE WORK

20.07.a CHANGES ORDERED BY OWNER: The Owner may at any time, without
invalidating the Contract and without notice to the sureties, order extra work or
make changes by altering, adding to or deducting from the work, as covered by
the Drawings and Specifications of this Contract and within the general scope
thereof. Such changes shall be ordered by the Owner in writing, and no
change or omission from the Drawings and Specifications shall be considered
to have been authorized without written instructions signed by the Owner.

20.07.b CHANGE OF SUB-SURFACE CONDITIONS: If, during the progress of the

work, sub-surface conditions at the site are found or discovered to be material-
ly different from those shown on the Drawings or indicated in the Specifica-
tions, the attention of the Architect shall be called immediately to such condi-
tions before they are disturbed. The Architect shall thereupon promptly inves-
tigate the conditions, and if he finds that they materially differ from those
shown on the Drawings or indicated in the Specifications, he shall, at once and
with the approval of the owner, make such changes in the Drawings and Speci-
fications as he may find necessary.

20.07.c ADJUSTMENT OF CONTRACT: All work shall be executed under the condi-
tions of the original contract. If changes cause an increase or decrease in the
amount due under this Contract, or in the time required for its performance, an
equitable adjustment shall be made and the contract should be modified in
writing accordingly. The express consent of the sureties shall be obtained in
writing. In the event that the work involved is increased by such changes, the
Contractor shall furnish proportionate additional performance bond.

20.07.d VALUE OF EXTRA WORK: The value of extra work or change shall be de-
termined in any one or more of the following ways:

1) By estimate and acceptance in a lump sum.

2) By unit prices stipulated in the Contract or subsequently agreed upon, pro-

vided the extra or credit does not exceed twenty-five percent (25%) of orig-
inal contract of the particular work involved.

3) By actual direct cost plus fifteen percent (15%) for contractor’s profit,
overhead and contractor’s tax.

Under case (3), he shall keep and present in such form as the Architect may di-
rect, a correct account of the cost, together with vouchers. In any case, the
Architect shall certify to the amount including the fifteen percent allowance for
overhead and profit due the Contractor.

20.07.e PERIOD FOR WHICH CLAIM FOR ADJUSTMENT HAS TO BE

ASSERTED: Any claim for adjustment involving questions of fact must be as-
serted within fifteen (15) days from the date the change is ordered unless the
Architect shall, for proper cause, extend such time. Except as otherwise spe-
cifically provided in this Contract, all disputes concerning questions of fact

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General Conditions

arising under this Contract shall be decided by the Architect or his duly autho-
rized representative. Nothing, however, as provided for in Article 20.07, shall
excuse the Contractor from proceeding with the prosecution of the work so
changed.

20.07.f CHANGES ORDERED BY THE ARCHITECT: In giving instructions, the

Architect shall have the authority to make minor changes in the work, not in-
volving extra cost, and not inconsistent with the design concept of the building.

20.07.g AWARD OF EXTRA WORK TO OTHER CONTRACTORS: In case any ex-

tra work shall be required in the proper performance of the work contemplated
under this Contract, it is understood that, if the Contractor and the Owner fail
to arrive at any agreement as to the price of such extra work, the Owner re-
serves the right to have such extra work done by any other person, firm, or
corporation than said Contractor.

20.08 CLAIMS FOR EXTRA COST: If the Contractor claims that any instruction by
drawings or otherwise involve extra cost under this Contract, he shall give the
Architect written notice thereof within fifteen (15) days after the receipt of
such instruction, before proceeding to execute the work, except in emergency
endangering life or property, as provided for in Article 20.05 (Work During
and Emergency) of the General Conditions. No such claim shall be valid un-
less so made.

In like manner, if the Contractor incurs a delay in the mobilization and/or in

the progress of his work for reasons attributable to the Owner, e.g., Owner-
supplied materials not arriving on time, movements or work executed by the
Owner which interfere with the progress of the Contractor’s work, delayed de-
cisions and other matters related thereto, he shall give the Architect written no-
tice thereof within fifteen (15) days after recognition of such delay and proceed
to claim for extra cost that may arise from such delays. No claim shall be valid
unless such written notice has been executed.

20.09 CLEANING UP AT COMPLETION OF WORK: The Contractor shall at all

times keep the premises free from accumulations of waste materials or rubbish
caused by his employees or work. At the completion of the work, he shall re-
move all his rubbish from and about the building and all his tools, scaffolding
and surplus materials and turn over the work for occupancy.

20.09.a All dirt, stains and the like on all finishing of floors, walls, ceiling, decorative
work, finishing hardware and fixtures must be removed.

20.09.b All woodwork, finishing hardware and all metal works must be cleaned and
polished.

20.09.c All glazing, marble and tile work must be washed and polished. The Contrac-
tor shall so clean the building site as shown in the Drawings and all areas that
the Contractor used in the operation of the project.

At no time shall any rubbish be thrown from windows or other parts of the
building without the use of rubbish chutes.

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 por-
tions of the work, notwithstanding that the time for completing the entire work
or such portions may not have expired. Such taking possession and use shall

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General Conditions

not be deemed an acceptance of any work not completed in accordance with

the Contract Documents nor 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 increase the cost of or delays the completion of uncompleted
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: Upon due notice from the

Contractor that he has substantially completed the work, the Architect shall
make an inspection of the project. Substantial completion shall mean that the
value of the work completed shall not be less than ninety-eight percent (98%)
of the contract amount and that the remaining unfinished work shall be of a
minor nature only. If the contract covers the furnishing and/or installation of
equipment, fixtures and utilities, said equipment, fixtures and utilities shall be
fully tested and test-run in order that the work can be considered as substantial-
ly completed. However, should the Contractor, through no fault of his be una-
ble to test run the equipment at the time of substantial completion , he shall be
given the necessary time extension for that portion of the work. As soon as, in
the opinion of the Architect, the work shall have been substantially completed
and shall have satisfactorily passed any final test of materials that may be pre-
scribed by the Contract, the Architect shall issue a Certificate of Completion
with respect to the work. Even before the completion of the whole work, upon
written application of the Contractor, the Architect may likewise issue such a
Certificate of Completion with respect to any substantial part of the work that
has been completed to the satisfaction of the Architect and occupied or used by
the Owner.

In all cases, prior to the issue of said Certificate of Completion, the Contractor
shall execute a written undertaking to finish any outstanding work during the
Period of Making Good of Known Defects or Faults as defined in Article 20.12
hereof.

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 (60) 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 Ar-
ticle 20.11.

20.13 MAKING GOOD OF KNOWN DEFECTS OR FAULTS: The Contractor

shall execute at his own expense all work necessary for making good of known
defect, imperfections or faults (fair, wear and tear expected) within the period
of sixty (60) days after the issuance of Certificate of Completion or within fif-
teen (15) days after its expiration as a result of an inspection made by or on
behalf of the Architect prior to its expiration.

If, in the opinion of the Architect, the defect or fault is due to the Owner or
Owner’s representative, the value of such work shall be ascertained and paid
for as it were additional work.

If the Contractor shall fail to do any such work as aforesaid, the Owner shall
upon written notice to the contractor be entitled to carry out such work by his
own workmen or by other contractors, and if such work which the Contractor
should have carried out is at the Contractor’s cost, the Owner shall be entitled
to recover from the Contractor the cost thereof, or may deduct the same from
any amount due or may become due to the Contractor.

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20.14 SEARCH FOR CAUSES OF DEFECTS OR FAULTS: The Contractor shall,

upon a written request of the Architect, search for the cause of any defect, im-
perfection or fault. If such defect, imperfection of fault shall be one for which
the Contractor is not liable under the Contract, the cost of the work carried out
by the Contractor in searching for said defect shall be borne by the Owner.
But, if such defect, imperfection or fault shall be one for which the Contractor
is liable, the costs of the work carried out in searching said defects shall be
borne by the Contractor and he shall, in such case, repair, rectify and make
good such defect, imperfection or fault at his own expense, in accordance with
the provisions of Article 20.13 hereof.

ARTICLE 21: TIME OF COMPLETION OF WORK

21.01 NOTICE TO PROCEED: Following the execution of the Contract Agreement

by the Owner, a written Notice to Proceed with the work shall be given to the
contractor. The Contractor shall begin and shall prosecute the work regularly
and uninterruptedly thereafter (unless otherwise directed in writing by the
owner) to ensure the completion of the work within the time stated in the con-
tract. If the Contractor undertakes actual construction on the proposed work,
including the delivery of equipment or materials (in the case for furnishing ma-
terials) or the performance of any other kind of work whatsoever before he
receives a copy of the duly executed Contract or Notice to Proceed, he does so
at his own risk.

21.02 CONTRACT TIME: The Contractor shall complete, in an acceptable manner,

all of the work contracted for in the time stated in the Contract. Computation
of Contract Time shall commence on the seventh (7th) day from receipt of the
Notice to Proceed, unless otherwise stipulated in the contract, and every calen-
dar day following, shall be counted as a working day.

21.03 SCHEDULE OF COMPLETION: The Contractor shall submit, for approval,

the Schedule of Construction Work in Critical Path Method form or any other
form acceptable to the Architect, indicating the approximate date each item
will be started and completed, the equipment to be used and number of men to
be employed to complete it, in accordance with his schedule. The progress of
the work shall be at a rate sufficient to complete the Contract in an acceptable
manner within the period of time specified. If it appears that the rate of
progress is such that the Contract will not be completed within the time limit,
the Architect may order the Contractor to take such steps as he considers ne-
cessary to complete the Contract within the period provided.

21.04 EXTENSION OF TIME: The Contractor will be allowed an extension of time

based on the following conditions:

21.04.a Should the Contractor be obstructed or delayed in the prosecution or comple-

tion of the work by the act, neglect, delay, or default of the Owner or any other
contractor employed by the Owner, by strikes or lockouts, by an Act of god or
Force Majeure as defined in Article 1.26, or by delay authorized by the Archi-
tect pending arbitration, then the Contractor shall file the necessary request for
extension within fifteen (15) days from the occurrence of such delay. The
Architect may grant the request for extension for such period of time as he
considers reasonable.

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However, no such extension of time shall be granted for any alleged failure of
the Owner to furnish materials or information unless they be required in the
proper prosecution of the work in the order prescribed by the Architect and un-
less the Contractor shall have made written request for them at ten (10) days
before they are actually needed.

21.04.b The WRITTEN CONSENT OF THE BONDSMEN must be attached to any

request of the Contractor for an extension of time and submitted to the Owner
for consideration.

21.04.c If the satisfactory fulfillment of the Contract shall require the performance of
work in greater quantities than those set forth in the Contract, the time allowed
for performance shall be increased in the same ratio as that of the total cost of
work actually performed to the total cost in the Contract. However, if in the
opinion of the Architect, the nature of the increased work is such that the new
Contract Time as computed above is unreasonably short, the time allowance
for any extension and increases shall be as agreed upon in writing.

21.04.d If no schedule or agreement stating the dates upon which drawings shall be
furnished is made, then no claim for delay shall be allowed on account of fail-
ure to furnish drawings until two (2) weeks after demand for such drawings
and unless such claim be reasonable.

21.04.e If the work is interrupted for any reason, it must be promptly resumed upon the
removal or cessation of the cause of delay.

21.04.f The Contractor shall give written notice to the Architect at least ten (10) days
prior to beginning, suspending (except in case of accident), or resuming the
work to enable the Architect to make the necessary preparations for inspection
without delaying the work. All delays or losses resulting from failure of the
Contractor to give such notice will be at the Contractor’s risk, and all extra
costs to the Owner for such delay (said costs to be determined by the Archi-
tect) shall be deducted 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 pay-
ment to be made as liquidated damages, and not by way of penalty. The Own-
er may deduct from any sum due or to become due to the Contractor any sum
accruing for liquidated damages as herein stated. For purposes of calculating,
the actual completion date shall be the date certified by the Architect under Ar-
ticle 20.11 hereof.

ARTICLE 22: PAYMENTS

22.01 DETAILED BREAKDOWN OF CONTRACT AMOUNT: Except in cases

where unit prices form the basis for payment under the Contract, the Contrac-
tor shall, within (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 al-
lowance for profit and overhead. Upon approval of the Breakdown of Work
and Corresponding Value by the Architect, it shall be used as the basis for all
Requests for Payment.

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General Conditions

22.02 REQUESTS FOR PAYMENT: The Contractor may submit periodically, but
not more than once each month, a Request for Payment for work done. The
Contractor shall furnish the Architect all reasonable facilities required for ob-
taining the necessary information relative to the progress and execution of the
work. Each Request for Payment shall be computed from the work completed
on all items listed in the Breakdown of Work and Corresponding Value, less
the 10% retention, unless otherwise agreed upon, and less previous payments.
When 50% of the Contract has been accomplished, no further retention shall be
made on the balance of the Contract.

22.02.a In general, no payment shall be made for materials or items not incorporated in
the work. However, exception to this condition may be made in the case of
materials or items, which may require immediate acquisition and compensation
due to shortages or import or transportation difficulties. In the event of such
exceptions, payment shall be conditioned upon the submission by the Contrac-
tor of bills of sale or such other procedures as will establish the Owner’s title to
such material or item or otherwise adequately protect the Owner’s interest.

22.03 PROGRESS PHOTOGRAPHS TO ACCOMPANY REQUEST FOR

PAYMENT: The Contractor at his own expense shall furnish the Architect
progress photographs which shall be taken monthly, starting when the work
begins and continuing so long as the work is in progress, on the outside of the
building and from station points designated by the Architect.

22.03.a. The photographs shall be 6” x 8”. At each period four exposures shall be tak-
en, one on each side of the building. Eight (8) prints dull finish, (2 copies for
each exposure) shall be delivered to the Architect and all negatives shall bear
the date of exposure and name of the work.

22.03.b No partial payment shall be considered for approval without the above men-
tioned prints accompanying the Request for Payment.

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 Arc-
hitect 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 for which he is able to make re-
presentation 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 recommenda-
tion to the Owner for payment in an amount the Architect decides to be proper-
ty 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:

22.05.a Defective work not remedied

22.05.b Claims filed or reasonable evidence indicating probable filing of claims.

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General Conditions

22.05.c Failure of the Contractor to make payments properly to sub-contractors for ma-
terial or labor.

22.05.d A reasonable doubt that the Contract can be completed for the balance then
unpaid.

22.05.e Damage to another Contractor.

When the above grounds are removed, payments shall be made for amounts
withheld.

22.06 CONDITIONS RELATIVE TO CERTIFICATES OF PAYMENTS:

22.06.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 Cor-
responding Value. Such estimates of the Architect shall be final and conclu-
sive 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 Contrac-
tor. 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 op-
tion 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 in-
terest 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 amount 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 of-
ficer duly authorized to administer oath that all persons who have done work or
furnished materials under this Contractor 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: Non payment shall be made on contracts

in excess of sixty five percent (65%) of the Contract Price, unless a statement
sworn before an officer duly authorized to administer oath is 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 for by the Contractor and his Sub-
contractor. However, should such sworn statement turn out false, the Owner

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General Conditions

and the work covered thereby shall not be liable for any claim or lien arising
from the failure of the Contractor to pay . The Contractor does hereby bind it-
self solely answerable for any such lien 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 ex-
penses 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 PAYMENT: The contractor

shall submit (aside from those provided in the Contract Document) the follow-
ing before final payment if made.

22.11.a Certificate of Final Building Occupancy unless such certificate cannot be ob-
tained through no fault of the Contractor.

22.11.b Certificate of Final Inspection of electrical, telephone, sanitary, mechanical,

water, gas, safety and other utilities unless such certificate cannot be obtained
through no fault of the Contractor.

22.11.c Original and three (3) sets of prints of “As-Built Drawings” of Electrical, Sani-
tary, Gas, Telephone and Mechanical works, if such works are within the scope
of the contract. “As-Built Drawings” are the working drawings showing the
system and actual locations of outlets, fixtures, services and equipment that
were installed.

22.11.d Three (3) copies of Directory of Panel Boards and list of circuits.

22.11.e Three (3) copies of Instructions and Manual for operating and maintaining of
fixtures and equipment.

22.11.f Three (3) copies of keying Schedule.

22.11.g A Guarantee Bond, equivalent to thirty percent (30%) of the Contract Price
covering a period of one year after the Final Acceptance of the work which
guarantee the quality of the contract work and materials installed, may be re-
quired if the Owner, upon acceptance of the building, releases to the Contrac-
tor the Performance Bond and Payment Bond. The Guaranteed Bond shall be
in the form of securities as approved by the Owner.

22.12 ACCEPTANCE AND FINAL PAYMENT: Whenever this Contract, in the

opinion of the Architect, has been completely performed on the part of the
Contractor, the Architect shall proceed to verify the work, shall make the final
estimates, shall certify as to the completion of the work, and shall accept the
same.

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General Conditions

22.12.a The Owner shall then, except for causes herein specified, pay to the Contractor
promptly, after the execution of said certificate, the remainder of the sum due
to the Contractor, excepting therefrom such sum or sums as may be lawfully
retained under any of the provision of the Contract; PROVIDED THAT
FINAL PAYMENT ON THE CONTRACT SHALL NOT BE MADE UNTIL
THE CONTRACTOR HAS SUBMITTED A STATEMENT SWORN TO
BEFORE AN OFFICER DULY AUTHORIZED TO ADMINISTER OATH,
SHOWING THAT ALL TAXES DUE FROM HIM, AND ALL OBLIG-
ATIONS FOR MATERIALS USED AND LABOR EMPLOYED IN CON-
NECTION WITH THIS CONTRACT HAVE BEEN DULY PAID; AND
PROVIDED, FURTHER that nothing here in contained shall be construed to
waive the right of the Architect to reject the whole or any portion of the afore-
said work, should the same be found to have been constructed in violation of
the Drawings and Specifications or of any of the conditions or covenants of
this Contract within the guarantee period.

22.12.b The making and acceptance of the final payment shall constitute a waiver of all
claims by the Contractor.

22.13 CORRECTION OF WORK AFTER FINAL PAYMENT:

22.13.a Neither the final certificate nor payment nor any provision in the Contract
Documents shall relieve the Contractor of responsibility for faulty materials or
workmanship and, he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period
of one year from the date of acceptance of work by the Owner.

22.13.b Neither foregoing nor any provision in the contract documents, nor any spe-
cial-guarantee limit, shall be held to limit the Contractor’s liability for defects
and damages and the right of the Owner under the provisions of the New Civil
Code, and all laws, regulations and ordinances applicable to the plans and con-
struction of the building.

22.13.c The Owner shall give notice of observed defects with reasonable promptness.
All questions arising under this article shall be decided by the Architect whose
decision shall be subject to arbitration.

22.14 RELEASE OF RETENTION: The amount retained by the Owner under the
provision of the Contract shall be released within three (3) months after the
date of final payment.

SECTION VII : CONTRACTOR-SEPARATE CONTRACTOR-

SUB-CONTRACTORS RELATIONS
ARTICLE 23: SEPARATE CONTRACTS TO OTHER CONTRACTORS

23.01 OWNER’S RIGHT TO LET OTHER CONTRACTS: The Owner reserves to

right to let other contracts in connection with this work.

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General Conditions

ARTICLE 24: CONTRACTOR-SEPARATE CONTRACTORS RELATIONS

24.01 STORAGE OF MATERIALS AND WORK COORDINATION: The Contrac-

tor under this Contract shall afford other contractors reasonable opportunity for
the introduction and storage of their materials and the execution of their work,
and shall property connect and coordinate his work with theirs so as to minim-
ize interference or obstruction in the progress of the work.

24.02 CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting,
fitting or patching of his work that may be required to make its several parts
come together properly and fit it to receive or be received by work of other
contractors shown upon, or reasonably implied by, the Drawings and Specifi-
cations for the completed structure, and he shall make good after them as the
Architect may direct.

Any cost caused by defective or ill-timed work shall be borne by the party re-
sponsible therefor.

The Contractor shall not endanger any work by cutting, digging or otherwise
and shall not cut or alter the work of any other contractor, except with the con-
sent to the Architect.

24.03 DEFECTIVE WORK BY SEPARATE CONTRACTORS: If any part of the

Contractor’s work depends upon the work of any other contractor for proper
execution or results, he shall inspect and promptly report to the Architect any
defect in such work that renders it unsuitable for such proper execution and re-
sult. His failure to inspect and report shall constitute an acceptance of the oth-
er contractor’s work as fit and proper for the reception of his work, except as to
defects which may develop in the other contractor’s work after the execution
of his work.

To ensure the proper execution of his subsequent work, the Contractor shall
verify work already in place and shall at once report to the Architect any dis-
crepancy between the executed work and the drawings.

24.04 DAMAGE CAUSED BY CONTRACTOR TO SEPARATE CONTRAC-

TORS: Should the Contractor cause damage to any separate contractor on the
work, the Contractor agrees, upon due notice, to settle with such contractor by
agreement or arbitration and to relieve the Owner of any liability which may
arise therefrom.

ARTICLE 25: SUB-CONTRACTS

25.01 GENERAL: It is understood and agreed that the entire work called for by this
Contract shall not be sublet or sub-contracted. However, any part thereof or
any specialty work therein, may be sublet or sub-contracted, subject to the pro-
vision of Article 25.02. Nothing contained in the Contract Documents shall
create any contractual relation between any sub-contractor and the Owner.

25.02 COMPETENCY OF SUB-CONTRACTOR: At least fifteen (15) days prior to

the date of bidding, the Contractor shall seek the Architect’s clarification as to
the particular areas or parts of the work for which the competence of the sub-
contractor shall be subject to evaluation by the Architect. Immediately thereaf-

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General Conditions

ter, the Contractor shall submit to the Architect a list of his prospective sub-
contractors for approval.

25.03 CONTRACTOR’S RESPONSIBILITY: The Contractor agrees that he is as

fully responsible to the Owner for the acts and omission of his sub-contractors
and the persons either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.

ARTICLE 26: CONTRACTOR-SUB-CONTRACTORS RELATIONS

26.01 THE CONTRACTOR AGREES:

26.01.a To be bound to the Sub-contractor by all the obligations that the Owner as-
sumes to the Contractor under the Agreement, General Conditions, the Draw-
ings and Specifications, and by all the provisions thereof affording remedies
and redress to the Contractor from the Owner.

26.01.b To pay the Sub-contractor, upon the payment of certificates, under the sche-
dule of values as described in Article 22 (Payments) of the General Conditions,
the amount allowed to the Contractor on account of sub-contractor’s work to
the extent of the Sub-contractor’s interest therein.

26.01.c To pay the Sub-contractor, to such extent as may be provided by the Contract
Documents or the sub-contract.

26.01.d To pay the Sub-contractor on demand for his work or materials, as far as ex-
ecuted and fixed in place, less the retained percentage, at the time the certifi-
cate should be issued, even though the Architect fails to issue it through no
fault of the Sub-contractor.

26.01.e To pay the Sub-contractor a just share of any fire insurance money received by
him, the Contractor, under Article 31 (Contractor’s Insurance and Bonds) of
the General Conditions.

26.01.f To make no demands on the Sub-contractor for liquidated damages or penalty

for delay in any sum in excess of such amount as may be specifically named in
the sub-contract.

26.01.g To give the Sub-contractor an opportunity to be present and to submit evidence

in any arbitration involving his rights.

26.02 THE SUB-CONTRACTOR AGREES:

26.02.a To be bound to the Contractor by the Terms of Agreement, General Conditions

of the Contract, the Drawings and Specifications, and to assume toward him all
the obligations and responsibility that he, by those documents, assumes toward
the Owner.

26.02.b To submit to the Contractor application for payment in such reasonable time as
to enable the Contractor to apply for payment under Article 22 (Payments) of
the General Conditions.

26.02.c To make all claims for extras, for extensions of time, for damages, for delays
or otherwise, to the Contractor in the manner provided in the General Condi-

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General Conditions

tions of the Contract for like claims by the Contractor upon the Owner, except
that the time for making claims for extra cost is one week.

26.03 THE CONTRACTOR AND THE SUB-CONTRACTOR AGREE THAT: In

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

The Contractor may suspend work or terminate Contract upon fifteen (15)
days’ written notice to the Owner and the Architect for any of the following
reasons:

27.a If an order of any court or other public authority caused the work to be stopped
or suspended for a period of ninety (90) days through no act or fault of the
Contractor or his employees.

27.b If the Architect should fail to act upon any Request for Payment within fifteen
(15) days after it is presented in accordance with the General Condition of the
Contract.

27.c If the Owner should fail to act upon any Request for payment or certificate of
payment within (15) days after its certification by the Architect.

27.d If the Owner should fail to pay the Contractor any sum within thirty (30) days
after its award by arbitration.

If the Contractor is compelled to suspend work due to hardships or difficulties

under b, c, and d above, then the contract sum shall be increased by the amount
of the contractor’s reasonable costs of shutdown delay and start up, which shall
be effected by appropriate change order.

ARTICLE 28: OWNER’S RIGHT TO TERMINATE CONTRACT

The Owner, upon the certification of the Architect that sufficient cause exists
to justify his action, may without prejudice to any other right or remedy and af-
ter giving the Contractor and his surety, if any, fifteen (15) days’ written no-
tice, terminate the contract with the Contractor and take possession of the pre-
mises and of all materials, tools and appliances thereon and finish work by
whatever method he may deem expedient. Sufficient cause to justify termina-
tion of the Contract shall deem to exist whenever the Contractor does any of
the following:

28.a Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.

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General Conditions

28.b Disregard or violate provisions of the Contract Documents or Architect’s in-

structions, or fail to prosecute the work according to the agreed Schedule of
Completion, including extensions thereof.

28.c Fail to provide a qualified superintendent, competent workmen or sub-

contractors, or proper materials.

28.d Fail to make prompt payment to sub-contractors, workmen or material dealers.

ARTICLE 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 de-
liver the said work, or the parts thereof specified in said notice, peaceable 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 consi-
dered 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 point 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: It is agreed and understood that, upon

such termination of this Contract, the Architect will ascertain and fix the value
of the work completed by the Contractor and not paid for by the Owner and of
all usable materials on the line of the work taken over by the Owner at the
time of said termination.

29.03.a In the event that the total expenditures of the Owner upon completion of the
work, including all charges against the project prior to termination of the Con-
tract and compensation for additional architectural managerial and administra-
tive services, are not in excess of the Contract Price, then the difference be-
tween the said total expenditures of the Owner and Contract Price may be ap-
plied to settle claims filed, and the balance, if any, may be paid to the Contrac-
tor.

29.03.b No amount in excess of the combined value of the unpaid completed work, re-
tained percentage and usable materials taken over by the Owner at the time of
the Termination of the Contract shall be paid, nor shall any claim for prospec-
tive profits on the work done after termination of the Contract be considered or
allowed.

29.03.c In case of suspension of work, all unpaid work executed, including expenses
incurred during suspension, shall be evaluated by the Architect and charged to
the Owner.

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General Conditions

29.04 OWNER’S RIGHT TO RECOVER LIQUIDATED DAMAGES: Neither the

taking over by the Owner of the work for completion by administration nor the
re-letting of the same to another Contractor shall be construed as a waiver of
the Owner’s rights to recover damages against the original Contractor and/or
his sureties for the failure to complete the work as stipulated.

In such case, the full extent of the damages for which the Contractor and/or his
sureties shall be liable shall be:

29.04.a The total daily liquidated damages up to and including the day immediately be-
fore the date the Owner effectively takes over the work.

29.04.b The excess cost incurred by the Owner in the completion of the project over
the Contract Price. This excess cost includes cost of architectural managerial
and administrative services, supervision and inspection from the time the
Owner effectively took over the work by administration or by re-letting same.

SECTION IX : RESPONSIBILITIES AND LIABILITIES OF

CONTRACTOR AND THE OWNER
ARTICLE 30: CONTRACTOR’S RESPONSIBILITY FOR ACCIDENTS AND
DAMAGES

30.01 SAFETY MEASURES TO BE UNDERTAKEN BY CONTRACTOR: The

Contractor shall take all necessary precautions for the safety of employees and
workmen on the work, and shall comply with all applicable provisions of city,
municipal and national safety laws and building codes and all government
rules and regulations, to prevent injury to persons on about or adjacent to the
premises where work being performed. The Contractor shall erect and proper-
ly maintain at all times, as required by the conditions and progress of the work,
such barriers, shoring, supports, braces, lights, danger signs and necessary sa-
feguards that will protect workmen and the public and that will effectually pre-
vent any accident and damage to property in consequence of his work.

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 Own-
er’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, any disease contracted, or injury received by the Contractor or
any of his employees or laborers. All damages shall be the responsibility of
the Contractor.

30.03 INDEMNITY: The Contractor shall indemnify and exempt the Owner from all
losses and all claims, demands, payments, suits, actions, recoveries, and judg-
ment of every nature and description brought or recovered against him, by rea-
son of any act or omission of said Contractor, his agents or employees, in the
execution of the work or the guarding of it.

Claims for payment and repairs for damages shall be settled by the Contractor
at his own expense and to the satisfaction of the Architect and the parties con-
cerned. In the event of failure of the Contractor to repair at once such damag-

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General Conditions

es, and pay other claims, the Owner may repair the same and pay the claims,
and deduct the entire cost of such repairs and claims from the payments due
the Contractor.

ARTICLE 31: CONTRACTOR’S INSURANCE AND BONDS

31.01 CONTRACTOR’S LIABILITY INSURANCE: The Contractor shall secure

and maintain such insurance from an insurance company acceptable to the
Owner as will protect himself, his sub-contractors, and the Owner from claims
for bodily injury, death or property damage which may arise from operations
under this Contract. The Contractor shall not commence work under the Con-
tract until he has obtained all insurance required under this section and shall
have filed the certificate of insurance or the certified copy of the insurance pol-
icy with the Owner. Such insurance policy shall contain a clause providing
that it shall not be cancelled by the insurance company without ten (10) days’
written notice to the Owner of the intention to cancel. The amounts of such in-
surance shall be as agreed upon.

31.02 CONTRACTOR’S FIRE INSURANCE: In addition to such Fire Insurance as

the Contractor elects to carry for his work protection, he shall secure and main-
tain in the name of the Owner policies upon such structures and materials and
in such amount as shall be designated. These policies shall be secured from a
company, which is satisfactory to the Owner and delivered to the Owner.

31.03 CONTRACTOR’S PERFORMANCE AND PAYMENT BONDS: The Con-

tractor, prior to signing the Contract, shall furnish a Performance Bond equal
to fifteen percent (15%) of the Contract amount for the faithful performance of
his work and fifteen percent (15%) Payment Bond covering payments and ob-
ligations arising from his Contract. Such bonds shall be in the forms of sure-
ties as approved by the Owner. Such bonds shall remain in effect until re-
placed by the Contractor’s Guarantee Bond.

31.04 CONTRACTOR’S GUARANTEE BOND: The Performance and Payment

Bonds will be released by the Owner after the expiration of two (2) months
from the final acceptance of the work and only after the Contractor has fur-
nished the Owner a Guarantee Bond in the amount of thirty percent (30%) of
the Total Contract cost. The Guarantee Bond shall be for a period of one (1)
year commencing from the date of acceptance as a guarantee that all materials
and workmanship installed under Contract are of good quality.

31.05 CONTRACTOR’S GUARANTY-WARRANTY:

31.05.a The Contractor shall, in case of work performed by his sub-contractors and
where guarantees are required, secure warranties from said sub-contractors and
deliver copies of same to the Owner upon completion of work.

31.05.b The Contractor shall and thereby warrants all work performed by him directly
and for which guarantee are required.

31.05.c The Contractor shall and thereby warrant and/or guarantee for a period of one
year, or for longer periods where so provided in Specifications, as evidenced
by date of final certificate issued by the Architect, that all materials and work-
manship installed under Contract to be of good quality in every respect and to
remain so for periods described herein.

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General Conditions

31.05.d Should any defects develop in aforesaid work, within the specified periods, due
to faults in material and/or workmanship, the Contractor thereby agrees to
make all repairs and do all necessary work to correct defective work to the
Architect’s satisfaction. Such repairs and corrective works shall be done with-
out cost to the Owner and at entire cost and expense of the Contractor within
five (5) days after written notice to the Contractor by the Owner.

31.05.e In case the Contractor fails to do the work, so ordered, the Owner may have the
work done and charge the cost thereof against any amount retained as provided
for in the Agreement and, if said retained monies shall be insufficient to pay
such cost, or if no money is available, the Contractor and his sureties agree to
pay to the Owner the cost of such work.

31.05.f All the foregoing are without prejudice to the right of the Owner under the
New Civil Code, and other laws now or hereafter that may be applicable.

ARTICLE 32: OWNER’S RESPONSIBILITIES AND LIABILITIES

32.01 PROTECTION OF EMPLOYEES AND PROFESSIONALS PER-

FORMING SERVICES FOR THE OWNER: The Owner shall be responsible
for and shall maintain such insurance as will protect him for personal injury in-
cluding disease and death of persons under his employ or services, temporary
or permanent in status, that are assigned for the project.

Prior to the start of the construction, the Owner and the Architect shall give a
list of personnel assigned to the project who need to be covered by insurance
and with the corresponding amount of coverage.

32.02 OWNER’S OPTIONAL INSURANCE: The Owner, at his option, may main-
tain such insurance that will protect him from his contingent liability for dam-
ages, for personal injury, including death, which may arise from the operations
under this Contract, and any other liability for damages, which the Contractor
is required to insure under any provision of this Contract.

ARTICLE 33: LIENS, DISPUTES AND ARBITRATION

33.01 LIENS: Neither the final payment nor any part of the retained percentage shall
become due until the Contractor, if required, shall deliver to the Owner a com-
plete release of all liens arising out of this Contract, or receipts in full in lieu
thereof and, if required in either case, an affidavit that, so far as he has know-
ledge or information, the releases and receipts include all the labor and mate-
rials for which a lien could be filed. The Contractor may, if any sub-contractor
refuses to furnish a release or receipt in full, furnish a bond satisfactory to the
Owner, to indemnify him against any lien. If any lien remain unsatisfied after
all payments are made, the Contractor shall refund to the Owner all monies
that the latter may be completed to pay in discharging such lien, including all
costs and a reasonable attorney’s fee.

33.02 ASSIGNMENT:

33.02.a This Contract shall not be assigned in whole or in part by the contractor nor
shall any part of the work be sublet by the Contractor without the prior written
consent of the Owner and such consent shall not relieve the Contractor from

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General Conditions

full responsibility for the work hereunder and for the due performance of all
the terms and conditions of the Contract.

33.02.b The Owner’s consent to any subletting of work hereunder shall not be granted
in any event until the Contractor has furnished the Owner with satisfactory
evidence that the sub-contractor is carrying ample insurance to the same extent
and in the same manner as is herein provided to be furnished by the Contrac-
tors.

33.02.c If the Contract is assigned or any part thereof is sublet, the Contractor shall
exonerate, indemnify and exempt the Owner from and against any and all loss
or expense caused thereby.

33.02.d In case of any such transfer without the previous written consent of the Owner,
the Owner may refuse to carry out the Contract either with the transferor or
transferee; but all rights of action for any breach of this Contract by the Con-
tractor shall be reserved to and remain within said Owner.

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

33.04 DISPUTES:

33.04.a The Architect shall, within a reasonable time, make decisions on all claims of
the Owner or Contractor and on all matters relating to the execution and
progress of the work or the interpretation of the Contract Documents.

33.04.b Except as otherwise specifically provided in the Contract, all disputes concern-
ing questions of fact arising under the Contract shall be decided by the Archi-
tect, whose decision shall be final and conclusive upon the parties thereto.

33.04.c The Architect’s decisions shall be final, if within the terms of the Contract
Documents.

33.04.d If, however, the Architect fails to render a decision within fifteen (15) days af-
ter the parties have presented their evidence, either party may then demand ar-
bitration. If the Architect renders a decision after arbitration proceedings have
been initiated, such decision may be entered as evidence, but shall not disturb
or interrupt such proceedings, except where such decision is acceptable to the
parties concerned.

33.05 ARBITRATION: All disputes, claims or questions subject to arbitration under

this Contract shall be settled in accordance with the provision of this article.

33.05.a Notice of the demand for arbitration of a dispute shall be filed in duplicate, one
copy with the other party to the Contract and another copy filed with the Arc-
hitect. The demand for arbitration shall be made within a reasonable time after
the dispute has arisen. In no case, however, shall the demand be made later
than the time of final payment, except as otherwise expressly stipulated in the
contract.

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General Conditions

33.05.b When formal arbitration is requested, a Board of Arbitration shall be formed in

the following manner. The Owner and the Contractor shall each appoint one
member of this board and these members shall appoint a third member, who
shall act as chairman. No one with a financial interest in the subject under ar-
bitration will be permitted to serve on this board. This board may engage ex-
perts to act in an advisory capacity. Minutes shall be kept of all meetings and
signed by all members of this board. Decisions of the board shall require only
a simple majority and all interested parties shall be informed thereof. Ex-
penses of the Board shall be paid in accordance with the agreement set forth
before the proceedings of the board.

33.05.c It is mutually agreed that the decision of the arbitrators shall be a condition
precedent to any right of legal action that either party may have against the
other. The Contractor shall not cause a delay of the work during any arbitra-
tion proceedings, except by agreement with the Owner.

SECTION X : AUTHORITY OF ARCHITECT, ENGINEERS AND

PROJECT REPRESENTATIVES
ARTICLE 34 : ARCHITECT’S STATUS

34.a The Architect shall be the Owner’s representative during the construction pe-
riod and he shall observe the work in progress in behalf of the Owner. He shall
have authority to act in behalf of the Owner, only to the extent expressly pro-
vided in the Contract Documents. He shall have authority to stop the work
whenever such stoppage may be necessary, in his reasonable opinion, to ensure
the proper execution of the Contract. The Architect’s failure to stop the work
does not relieve the Contractor from his responsibility of complying with the
Contract Documents and from the sole responsibility of protecting persons on,
about, or adjacent to the premises against injury and death, where work is be-
ing performed. It does not relieve him also of his responsibility of protecting
the Owner’s property and adjoining property against damage.

34.b The Architect shall decide any and all questions that may arise as to the quality
and acceptability of materials furnished, the work performed, the manner of
performance and the rate of progress of work. He shall decide all questions that
may arise as to the interpretation of the Drawings and Specifications, and all
questions as to the acceptable fulfillment of the terms of the Contract.

34.c As the Architect is, in the first instance, the interpreter of the conditions of the
Contract and the judge of its performance, he shall side neither with the Owner
nor with the Contractor, but shall use his powers, under the Contract, to en-
force its faithful performance by both.

34.d In case of the termination of the employment of the Architect, the Owner shall
appoint a capable and reputable Architect, whose status under the Contract
shall be as that of the former Architect. Any dispute in connection with such
appointment shall be subject to arbitration.

ARTICLE 35: AUTHORITY AND RESPONSIBILITIES OF THE ENGINEERS

35.a The Engineers shall be solely responsible for their respective designs, compu-
tations and other professional services they rendered in connection with the

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General Conditions

preparation of Drawings and Specifications. They shall assist the Architect in

the general supervision and direction of that particular portion of the work
where their professional services are concerned.

35.b The Engineers shall inspect the work for conformance with the approved
Drawings and Specifications and shall report to the Architect any discrepancy
between such work and said Drawings and Specifications. They shall make
recommendations when necessary and as required consistent with the ethics of
the profession.

35.c The Engineers shall perform any professional service necessary for he accom-
plishment of the work subject to the terms and conditions of the inter-
professional agreement between the Architect and the Engineers or any exist-
ing contract affecting or relative to the project.

ARTICLE 36 : AUTHORITY AND DUTIES OF THE PROJECT

REPRESENTATIVES , RESIDENT ARCHITECTS, RESIDENT
ENGINEERS OR CONSTRUCTION INSPECTORS

36.01 EMPLOYED BY THE OWNER: Technically qualified men, referred to as

Project Representatives, Resident Architects, Resident Engineers or Construc-
tion Inspectors, who have been recommended by the Architect and employed
by the Owner, may be stationed on the Project to assist the Architect and the
Engineer in the general supervision and direction of the Work.

36.02 DUTIES: The duties of the Project Representatives, Resident Architects, Resi-
dent Engineers and Construction Inspectors are stipulated in the Special Provi-
sion of the Contract.

36.03 DISPUTES: In case of any dispute arising between the Project Representative,
Resident Architect, Resident Engineer, or Construction Inspector, and the Con-
tractor, they shall have authority to reject materials or suspend the work until
the question at issue can be referred to and decide by the Architect.

Nothing in the provision of this article will relieve the Contractor from the re-
sponsibility of performing the work in accordance with the Drawings, Specifi-
cations and other Contract Documents.

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General Conditions

SECTION XI : SCHEDULE OF TIME LIMITS

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

ITEM TITLE TIME LIMIT REFERENCE

NO. ARTICLE NO.
1 CONTRACT TIME
1.1 Contract Time Reck- To commence on the 7th day from re- 21.02
oning ceipt of “Notice to Proceed”
1.2 Request for Time Ex- To be filed within 15 days from occur- 21.04 a
tension rence of delay
1.3 Beginning, Suspend- Written notice to be given to Architect 21.04 f
ing or Resuming of at least 10 days prior to beginning,
Work suspending (except in case of acci-
dent), or resuming the work
1.4 Other Related Matters:
a) Request for supply
of Owner- Written request to be made 10 days 21.04 a
furnished materials before they are actually needed
b) Claim for Delay No claim for delay shall be allowed on 21.04 d
account of failure to furnish drawings
until two weeks after demand for such
drawings
2 CONTRACT SUM
2.1 Contract Sum Break-
To be submitted within 15 days from 22.01
down the receipt of “Notice to Proceed”
2.2 Claim for Extra Cost
Notice to be given to Architect within 20.08
15 days:
1) after receipt of instruction involv-
ing extra cost, or
2) after recognition of delay due to
Owner’s fault
3 PROGRESS PAYMENT
3.1 Architect’s Action on
To be made within 15 days after re- 22.04
Payment ceipt of request for payment
3.2 Owner’s Action on To act within 15 days from date of 22.07
Payment Request Architect’s approval of the Payment
Request
3.3 Release of Retention To be released within 3 months after 22.14
date of final payment
4 CORRECTION OF WORK
4.1 Correction Before Fi- Contractors to promptly remove 22.10
nal Payment from the premises all work con-
demned by Architect as failing to con-
form to the Contract, whether incorpo-
rated or not, and promptly replace and
re-execute his own work in accor-
dance with the Contract without ex-
pense to the Owner.
If Contractor fails to remove con-
demned work within a reasonable time
from notice, Owner may remove and

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 UAP Document 301
General Conditions

store the same at Contractor’s ex-

pense.
Contractor must pay expenses
within 10 days from removal by the
Owner. In default thereof, the Owner
may sell the materials after 10 days,
from written notice of intent to sell.
4.2 Correction After Final Contractor should remedy any defect 22.13 a
Payment due to fault materials or workmanship,
which may appear within a period of
one year from date of acceptance of
work by Owner
Repairs and corrective work at the ex- 31.05 d
pense of Contractor should be done
within 5 days after written notice by
Owner.
5 SUB-CONTRACTOR’S CLAIM FOR EXTRA COST
Sub-contractor’s Sub-contractor may make all claims 26.02 c
Claim for Extra Cost for extras, for extension of time , for
damages, for delays or otherwise from
the Contractor in the manner provided
for in the General Conditions of the
Contract for like claims by the Con-
tractor upon the Owner, except that
the time for making such claims for
extra cost is one week.
6 CONTRACTOR’S RIGHT TO SUSPEND WORK OR TERMINATE
CONTRACT
Contractor’s Right to Contractor may suspend work or ter- 27
Suspend Work or minate Contract upon 15 days written
Terminate Contract notice to Owner and Architect, due to
any of the following reasons:
1) If any court or public authority or-
ders work to be stopped or sus-
pended for 90 days through no fault
of the Contractor or his employees.
2) If Architect fails to act upon request
for payment within 15 days after
presentation
3) If Owner fails to act upon request
for payment within 15 days after
Architect’s certification
4) If Owner fails to pay Contractor the
agreed sum within 30 days after its
reward by arbitrators
7 OWNER’S RIGHT TO TERMINATE CONTRACT
Owner’s Right to The Owner may terminate Contract 28
Terminate Contract after giving 15 days written notice
to the Contractor or his Surety if
Contractor should:
1) Declare bankruptcy, become insol-
vent or assign his assets for the
benefit of his creditors
2) Disregard or violate provisions of
the Contract Documents or Archi-
tect’s instructions

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 UAP Document 301
General Conditions

3) Fail to provide superintendent,

workmen, sub-contractors, or prop-
er materials
4) Fail to make prompt payment to
sub-contractors, workmen or ma-
terial dealers
8 DISPUTES
Disputes If Architect fails to render a decision 33.04 d
within 15 days after parties have pre-
sented their evidence, either party may
demand arbitration.
9 BONDS AND INSURANCES
Cancellation Insurance policy shall not be cancelled 31.01
by insurance company without 10
days written notice to Owner of inten-
tion to cancel
9.2 Contractor’s Perfor- Such bonds shall remain in effect until 31.03
mance and Payment replaced by the Contractor’s Guaran-
Bond tee Bond
9.3 Contractor’s Guaran- To be furnished to the Owner after 31.04
tee Bond expiration of Performance and Pay-
ment Bonds and shall be effective for
a period of one year commencing
from the date of acceptance as a guar-
antee that all materials and workman-
ship installed are of good quality

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