Contracts and Specifications Flashcards by tine cahayon

A meeting of minds between two persons
whereby one binds himself, with respect
to the other, to give something or to
render some service

Article 1305 of the Civil Code of the Philippines

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Any two or more entities, public or
private, may undergo a contract to any
term or condition, in good faith

Article 1306 of the Civil Code of the Philippines

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also limit the actions of the
person such as deeds of limitation in
buying a condominium or a property in a
subdivision

Contract

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Most of the existing contracts are
actually

bilateral or two-way, not unilateral

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requires the three basic elements of a contract:
Consent, Object, and Cause. It can be written or oral.

Consensual Contracts

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requires the needs of a Consensual Contract with ____________, which refers
to an instrument that is required in a certain form

solemnity or formality

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requires the needs of a Consensual Contract with a delivered of an object to be perfected

Real Contracts

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Contracts can be

written, oral, physical, or electronic, and at any language

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“Contracts shall be obligatory, in whatever
form they may have been entered into,
provided all the essential requisites for
their validity are present”

Article 1356 of the Civil Code of the Philippines

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provided support for electronic documents
and contracts to be enforceable as long as
it is presented to the parties concerned and
reliability and integrity is maintained and
can be validated.

RA 8792 of the Electronic Commerce Act

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This law includes the
validation of both e-signature and pointand-click acceptance
without violations to
the 2004 Rules on
Notarial Practice

RA 8792 of the Electronic Commerce Act

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If the law requires a document or other
special form, as in the acts and contracts
enumerated in the following article, the
contracting parties may compel each other
to observe that form, once the contract has
been perfected

Article 1357 of the Civil Code of the Philippines

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document available within the
repository of the public, be it from the government or
through a notary public.

Public document

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agreement made in private and in
writing. This document covers any document not stipulated
as a public document

Private document

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lists the following contracts as part of public documents

Article 1358of the Civil Code of the Philippines

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manifested by the
meeting of the offer and the acceptance upon the thing and
the cause which are to constitute the contract

Consent

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defined consent to a contract

Article 1319 of the Civil Code of the Philippines

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define the statutes of what an object of a contract is

Articles 1347-1349 of the Civil Code of the Philippines

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nature of the instrument
rather than the motives of the parties concerned (Article 1351).

The cause of the contract

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Elements of Contracts

Consent, Objects, Causa

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there are three forms of causes for a contract

onerous (promised), remuneratory (paid or rendered), benefactory (liberality of the benefactor)

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Contracts are voidable by vices

violence, intimidation, undue influence, mistake, fraud

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Contracts end by the following ways

end of contract

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“Unless it appears otherwise, business
advertisements of things for sale are not definite offers, but mere invitations to make an offer. ”

Article 1325 of the Civil Code of the
Philippines

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employed workers directly for the completion of a project

Direct employment

refers to the employment of fixed contractors for the completion of a project

Employment by contract

simplest form of a construction contract

Fixed Price Contracts

These contracts require that a contractor be reimbursed for all costs incurred on the project (costs)

Cost-Plus Contracts

This is an agreement where the contractor is paid an hourly rate for labor, the actual cost of materials and equipment, and an additional amount to cover overhead and profit.

Time and Matrimonial Contract

an arrangement where the customer pays a fixed, agreed-upon amount for completion of each unit of work

Unit Price Contracts

This is a cost-type contract, where there is an agreed-upon limit to how much the customer will be obligated to pay.

Guaranteed Maximum Price (GMP) Contracts

are a part of the construction contract

CONTR ACT SPECI F ICA T IONS

subcontractor’s field guide on what materials to use, how to install them, and the desired level of quality.

specifications

Provide step-by-step details and instructions on how the types of materials to be used and the desired installation methods

Prescriptive Specifications

Provide all of the operations requirements to complete a project

Performance Specifications

used when a specific type of product or material is required for installation

Proprietary Specifications

understanding that the parties have of the contract.

Consent

means any and all works performed and services rendered under the Contract for the benefit of the Ordering Party, as well as any and all results of such works and services

Object of the contract

essential reason that moves the parties to enter into a contract

Cause or consideration

contract that will cost a company more to fulfill than what the company will receive in return

Onerous Contacts

type of contract in which one party promises to provide a gift or benefit to the other party as a token of gratitude or in recognition of a service or favor that has already been received

Remuneratory Contract

essentially agreements to give donations, Generosity or liberality is the cause of such contracts.

GratuitousContracts

Contracts with mutual promise as a cause are also known

Bilateral contracts

general description of the work that is expected to be performed under a particular contract

Scope of work

essentially the framework of the construction contract documents. They provide the “hows” of the project

General conditions

addition or amendment to the general conditions section

special conditions

A contract should have ________ in case of a dispute.

provisions

construction of an architectural or engineering work is usually a rather complex undertaking requiring the labor of a substantial number of mechanics

Business Arrangements

cannot be eliminated

Contingencies

These can be greatly reduced by care and watchfulness.

Casualties

Management by overseeing the performance or operation of a person or group

Supervision

Secure the acceptance of excessive prices or substandard work

Graft

commonly exercised to secure appointments.

Political influences

This method is usually confined to relatively small, uncomplicated projects that are built for the owner 's use rather than sold to another party upon completion

Force Account COnstruction

oldest and most common method of letting work under contract is by receiving

competitive bids

This contract covers both direct and indirect costs, in addition to a fixed fee

C O S T P L U S A F I X E D S U M

Pay the contractor the actual cost of the construction work with a specified percentage thereof as compensation for his overhead expenses, personal services, and profits.

Cost plus a percentage

The contractor undertakes to complete the work for a fixed sum and in a definite time. In addition to this sum, he is to be paid a stated premium which is reduced or increased

Cost plus a variable premium

a procurement method commonly used in various industries.

Competitive bidding

to ensure transparency, promote fair competition, and obtain the best value for the purchaser

Competitive bidding