BUILD AGREEMENT BETWEEN

OWNER AND CONTRACTOR

This agreement is made and entered into this __ day of ___,__, by and between:

Sps________name_________________of
_________________________________________________________ hereafter
called Owner,

- and -

__________ of ________________, hereinafter referred to as the

CONTRACTOR.

The PROJECT is: The construction of a ______________________ with an area of

_______ sq. mtrs. located at ____________________ for a total amounted cost of
________ to be turned over to the Contractor, for the supply of labor and materials.

The said parties, for the considerations hereinafter mentioned, hereby agree to the
following:

ARTICLE 1
THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Project Specifications and plans submitted
and approved by the Owner, Contractor and Engineering Department of the City of ______,
including the attached Bill of Materials, quotation details which includes additional job
specification duly signed by the parties.

ARTICLE 2
SCOPE OF WORKS

2.1. The Contractor shall execute the entire work listed below and as further specified in the
project specifications as part of the Agreement being agreed upon by the Owner and the
Contractor.

ITEM A: CIVIL WORKS

1. All columns are reinforced with 16mmØ deformed bars with 10mmØ bars as lateral
ties.
2. Footings are reinforced with 16mmØ deformed bars.
3. Floor beams are reinforced with 16mmØ deformed bars with 10mmØ stirrups
4. Roof beams are reinforced with 12mmØ deformed bars with 10mmØ stirrups.
5. Footing tie beams are reinforced with 16mmØ deformed bars with 10mmØ stirrups.
6. All concrete mixtures except for Hollow Blocks laying and plastering works (class
“B”) are of Class “AA”.
7. Exterior walls are of 6”thk. Concrete Hollow Blocks with 10mmØ rebars while
interior walls are of 4”thk. CHB with 10mmØ reinforcement bars.
8. Second floor slab; 4”thk. Thickened concrete with 10mmØ reinforcing bars.
9. Roof framing; from 2”x 6” Channel trusses with 1.5mmx2x3 c-purlins as roofing
nailers. Welded.
10. Retaining walls for filling works; 6” thick concrete hollow blocks with 10mm
reinforcement bars.
11. Retaining walls will have columns provisions for the proposed structure that will
follow ( right wing).
12. Filling materials shall be provided by the Contractor

ITEM B: ARCHITECTURAL WORKS

 1. Roofing; Gauge 26 Long Span roofing, (Rib Type) pre-painted with 5mm thick P.E.
foam insulation.
2. Ficemboard(3.50mm) ceiling on roof eaves.
3. Roofing accessories; Ga.#26 Box Type GUTTERS and End Flashings.
4. Analok Aluminum frame on all windows, sliding type, and awning type with 5mm
thick Brown glass with steel grills.
5. Toilet windows; awning type with 5mm thick smoked glass with steel grills
6. Stair railings are of steel materials.
7. Decorating blocks in the kitchen area in the kitchen (L-shape).

ITEM C: CARPENTRY (FINISHING WORKS)

1. ½” thick Gypsum board interior ceiling panels(Mainhouse) and 3.50mm Ficemboard

for the 3 units Apartment on metal furring ceiling system
2. Kitchen cabinet; from 3/4” thick Plywood with solid wood edging. Cabinet
doors;3/4”plyboard.
3. Shoe Cabinet in Main house.

ITEM E: PAINTING WORKS (FINISHES)

1. All exterior walls are of Flat Latex primer and Elastomeric or semi-gloss paint as
finishing paint. Decorative stones as illustrated in the perspective plan.
2. All interior walls will be treated with a Semi-gloss paint finish with colors upon
approval of the owner.
3. Ceiling, flat latex paint finish. Panel door & wood jamb, Q.D.E. paint finish or varnish
finish
4. Cabinetries; Enamel finish or varnish finish.

ITEM F: SANITARY/PLUMBING FIXTURES

1. 4”x4” stainless floor drains on all toilets and balcony.

2. Water supply lines will be of 1/2ӯ PVC pipes with PVC pipe fittings.
3. Sewerage lines will be combination of 2”Ø, 3” and 4”Ø Sanitary PVC pipes.
4. Storm water lines will be of 3ӯ Sanitary PVC pipes.

ITEM G: ELECTRICAL FIXTURES/DEVICES

1. Switches and convenience outlets will be of ROYU BRAND or equal.

2. Convenience outlets will be DUPLEX type with WEATHERPROOF type on exposed
areas.
3. Switches will vary from single tumbler to triple tumbler plates or as specified in the
electrical plan
4. Wires to be used will be THHN type encased in flexible conduits.
5. Sizes of wiring devices will vary according to the type or purpose needed or intended.

ITEM H: MISCELLANEOUS ITEMS

1. Provision of opening for Air conditioning units with glass cover

2. Provision of Cable outlets.
3. Driveway; Cement finished.
4. Parking area; Cement finish.
5. Driveway gate; combination of tubular frames and flat bars.
6. Main drainage line(Catch Basin); 4 inch thick concrete hollow blocks, embedded to
the ground.
7. Concrete hollow blocks back fence
8. Electrical lighting fixture installations are included in the scope of work.

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 9. Changes on materials or layout of plans upon the request of the owner will be charged
with corresponding amount of money if and there’s a need to.

10. All works shall be done in a workmanlike manner.

ARTICLE 3
DATE OF COMMENCEMENT & SUBSTANTIAL COMPLETION

3.1 The Date of Commencement of the contract time is ___________________. The Owner
to make the down payment of 30% of contract price in accordance with the provisions under
Article 4 hereof.

3.2 The Contractor shall achieve Substantial Completion of the entire work being agreed upon
not later than 8 months subject to consented extension by the owner, from the date of
commencement. Delays in the work due to Force Majeure or other fortuitous acts shall be cause
for extension of Date of Substantial Completion only upon mutual agreement of Owner and
Contractor.

ARTICLE 4
PROGRESS PAYMENTS

4.1 Based on Applications for advance payment as agreed upon by the Owner and the
Contractor, will be on diminishing basis as payment shall be based on listed below are the terms
and conditions:

1. 1st initial payment – Php_____; works comprise of the following as preliminaries:

BARRACKS/ FENCE; EARTHWORKS; Layout/staking; Excavation Column/Footing;

Excavation FTB/Wall Footing; Excavation Septic Tank; Backfill and Compaction; Soil
Poisoning; Gravel Bedding.

2. 2nd payment – Php___________; under a __ day period, to be paid to the Contractor,

once the building permit is issued and formal works are ready to commence, to comprise
the following:

- Acquisition of reinforcement bars; cements, Gravel; Sand; CHBs; electrical

materails, and needed construction materials.
- fabrication of reinforcement bars for columns and tie beams, concrete hollow
blocks laying for retaining wall, pouring of concrete on columns and footings,
installation of tie beams, formworks for tie beams, preparation of driveway and
parking area (leveling works)

- Concrete hollow blocks laying on ground floor (70%), pouring of concrete on

ground floor columns, electrical works 10%. Formworks for second floor slab
(50%), installation of floor beam rebars.

- Formworks for second floor slab, pouring of second floor slab, concrete hollow
blocks laying at ground floor 100%, hollow blocks laying at second floor started.,
electrical works 20%, plumbing works 10%

3. 3rd payment – Php________ days after last payment. Works comprise of the following
under a __ day period;
- Acquisition of materials
- Plastering works started, concrete hollow block laying on second floor 100%,
trusses fabrication started, installation of roof panels, ceiling works started,
installation of door jambs, painting preparation, electrical works 40%, plumbing
works 30%

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 4. 4rd payment – – Php _____ days after last payment. Works comprise of the following
under a __ day period;

- Acquisition of materials
- Plastering works 90%, painting works started, ceiling works 100%, installation of
door panels, kitchen counter fabrication, tile works started, driveway preparation
for concreting, drainage line installation (sewer/storm water line).electrical
works 50%, plumbing works 50%

5. 5th payment – – Php _____; __ days after last payment. Works comprise of the
following under a __ day period;
- Acquisition of materials
- Plastering works 100%, tile works 60%, painting works 50%, fabrication of
kitchen cabinets, fabrication of window grills, installation of decorative stones,
fabrication of garage/ parking gates, concreting of parking areas, electrical works
80%, plumbing works 80%.

6. 6th payment –– Php _____; __ days after last payment. Works comprise of the
following under a __ day period;
- Acquisition of materials
- Tile works 100%, painting works 100%, installation of window panels and grilles,
grouting works for tiles, installation of door knobs, installation of toilet fixtures
and electrical fixtures, clearing and cleaning works, 100% done in all the items
listed in the scope of works
- Subject to reasonable extended period.

7. 7th payment – Php 270, 048; one (1) week after turn-over of the project and final
inspection of the owner.

4.2 Application for Payments shall be submitted by the Contractor with the submitted progress
report, in writing, to the Owner based upon the agreed terms of payments. Owner shall transfer
funds to the contractor’s bank account or by direct payment within five (5) working days of
Owner’s approval of the Application for Payments and inspection of work progress. Owner’s
approval shall not be unreasonably withheld, provided the Contractor has submitted sufficient
documentation of the progress and has perform the work stipulated in Article 4.

ARTICLE 5
MISCELLANEOUS PROVISIONS

5.1 Building permits for proper execution will be shouldered by the Owner, to be facilitated by
the Contractor.

5.2 Defects or specifications not in conformity with the project specifications noted by the
owner shall be corrected by the contractor at no cost to the owner.

5.3 Until such time that the building is formally accepted by the Owner, all responsibility to
protect and finish the project rests on the contractor.

5.4 The Contractor shall bear all losses and damages arising out of or in connection with any
accident, which may happen to any person or persons on account of the prosecution of the
works covered by this Agreement. In this connection, the Contractor shall provide all the
necessary safeguards, warning signs and all safety precautions for all workers and third parties
during the progress of work.

5.5 The contractor shall furnish and provide for its account, all the necessary labor, tools,
supplies, equipments and other facilities as may needed in the satisfactory performance and
accomplishment of the Project in accordance with and as directed by the Contract Documents.
The Contractor shall purchase the materials in accordance with the specifications of this
agreement and documentary inclusions that form part of this Agreement”.
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5.6 The Contractor shall comply with all the laws, ordinances, and rules and regulations of both
the National and local governments, which has been passed or may have been passed before the
completion of the Project, applicable to and/or binding upon the parties hereto, the works
covered by the Agreement, and shall be responsible for all damages either to the Owner or to
third parties or to the government, national or local, for the non-observance of such laws,
ordinances and rules and regulations.

5.7 The Contractor hereby holds the Owner free and harmless from any and all claims of
damages or liabilities that may be brought by any third person whomsoever by reason of this
Agreement including its implementation, or the non-observance of any rule, law statute,
ordinance, regulation or covenant herein contained.

5.8 Any breach or violation by the Contractor of its obligations and covenants under this
Agreement shall entitle the Owner to rescind or cancel this Agreement, without the necessity of
judicial action, by giving the Contractor thirty (30) days written notice to that effect.

5.9 Should the Owner be constrained to resort to court action in order to protect its rights and
interests under this Agreement, the Contractor agrees and obligates to pay the Owner a sum
equivalent to twenty (20%) of the amount claimed in the complaint, as for attorney’s fee, plus
expenses of litigation recoverable under the Rules of Court.

5.10 This Agreement is binding upon the respective assigns and successors-in-interest of the
parties hereto. However, this provision shall not authorize the Contractor to assign the Project
to any third party without the prior written approval of the Owner.

ARTICLE 6
GUARANTY

Unless otherwise specified for specific work, and without prejudice to the rights and
causes of action of the OWNER under ARTICLE 1723 of the new Civil Code, the
CONTRACTOR hereby guaranties the work stipulated in this contract, and shall make good
any defect, materials and workmanship which becomes evident within one (1) year
after the final acceptance of the work.

ARTICLE 7
VENUE OF ACTIONS

In case of dispute or non compliance with this agreement, the venue of actions shall be
in the exclusive Courts of ___________________.

___________________ at ___________________.

IN WITNESS WHEREOF, the parties have here unto affix their signatures in mutual
Agreement to this Contract dated _________ ____:

______________________ ________________________
_________ __________________
(Owner) Contractor
ID No. ________ PRC ID No. ________
TIN No. ________ TIN No. ________

___________________
(Owner)
ID No. ________
TIN No: _______
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 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF ___________________) S.S.

BEFORE ME, a Notary Public for and in consideration of the foregoing instruments on
this ____ day of , ____, personally appeared the above named persons,
showing their competent proof of identity:

known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged the same to be their free and voluntary act and deed for the purpose and
consideration herein set forth,

This instrument refers to an Agreement consisting of six (6) pages, including this page
on which the acknowledgement is written, duly signed by the parties and their instrumental
witnesses on each and every page thereof and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

Doc. No.
Page No. NOTARY PUBLIC
Book No.
Series of ____