UAP Doc 301 Flashcards
SECTION 1
Definitions and Documents
Contract documents
• Agreement
• General Conditions
• Special Provisions
• Specifications
• Drawings
• All additions, deletions, and modifications
incorporated before the execution of the contract
The person or entity ordering the project for
execution, including duly appointed successors of
authorized representatives
Owner
The architect commissioned by the owner acting
personally or through assistants duly authorized in
writing by the architect to act on his behalf
Architect
The person so named in the Contract Documents
of his duly authorized representative
Engineer
The full-time construction inspector hired by the
owner duly authorized in writing to assist the
architect and engineer in supervising the work
Project representative
The person or firm whose proposal has been
accepted and to whom the contract was awarded
Contractor
Anyone having a direct contact with the contractor
who acts for or in behalf of the contractor in
executing any part of the contract, not including one
who merely furnishes materials without labor
Subcontractor
The person, firm, or corporation who provides the
guarantee for the contractor’s bonds
Surety
The offer of a bidder to perform the work described
by the contract documents when made out and
submitted on the prescribed Proposal Form,
properly signed and guaranteed
Proposal
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 if the contract is awarded to him
Proposal bond
Approved form of security furnished by the
contractor and his surety as a guarantee of good
faith on the part of the contractor to execute the
work in accordance with the terms of the contract
Performance bond
The approved form of security furnished by the
contractor and his surety as a guarantee of good
faith on the part of the contractor to pay all
obligations arising from the contract
Payment bond
The approved form of security furnished by the
contractor and his surety as a guarantee to the
quality of the materials and equipment installed and
the workmanship of the contractor
Guarantee bond
The contract between the owner and the contractor
undertaking the project described in the contract
documents including all supplemental agreements
thereto and all general and special provisions
pertaining to the work or materials for the work
Agreement
The notice published by the owner or the invitations
issued to prospective bidders, giving information as
to the nature of the proposed project, conditions for
the issuance of contract documents, date of
bidding, and estimated cost or information that
would give the contractor a general idea of the
magnitude and extent of the project
Invitation to bid
Additional information on Contract Documents
issued to bidders before the date of bidding
Bid bulletin
The list of instructions stipulating the manner on
how bids are to be prepared and conditions for the
award of the contract
Instructions to bidders
Graphical representations of the work involved in
the project. They include all supplementary details
and shop drawings
Drawings
Printed documents stipulating the procedural and
the administrative aspects of the contract
General conditions
Instructions which may be issued prior to the
bidding, to supplement and/or modify drawings,
specs, and/or the general conditions of the contract
Special provisions
Written or printed description of work to be done
describing the qualities of the materials and mode
of construction
Specifications
Additional information which may be issued as an
addition or amendment to the provisions of the
specifications
Supplementary specs
An outline specification enumerating the type or
trade names of materials to be used
Schedule of matls/finishes
A listing of the different parts of the work indicating
in each part the corresponding value in materials
and labor, including an allowance for profit and
overhead
Breakdown of work and
corresponding value
Information, advice or notification pertinent to the
project delivered in person or sent by registered
mail to the individual, firm, or corporation at the last
known business address of such individual, firm, or
corporation
Written notice
A cataclysmic phenomenon (earthquake, flood,
typhoon, cyclone, etc.) of nature and all
misfortunes/accidents which human prudence
could not foresee or prevent.
Act of God/Force majeure
Rain, wind, flood, or other natural phenomenon of
inconsequential degree for the locality shall not be
construed as an Act of God or Force Majeure and
no reparation shall be made to the contractor for
the damages to the work resulting therefrom
Act of God/Force Majeure
Time limit is the duration of time allowed by the
contract for the completion of the prpoject in any
stipulated portions thereof
Time limit
All laws, ordinances, and other governmental
regulations applicable to the project
Local laws
This term includes labor or materials or both, as
well as equipment, transportation, or other facilities
necessary to commence and complete the
construction called for in the contract
Work
This term means to purchase and/or fabricate and
deliver to the jobsite or other location when so
designated
Furnish
This term shall mean to build in, mount in positions,
connect, or apply any object specified ready for the
intended use
Install
This term shall mean to build in, mount in positions,
connect, or apply any object specified ready for the
intended use
Install
Means to furnish and install
Provide
Means as required or necessary for the complete
execution of that portion of the work
Required/necessary
Shall mean approved, directed by, or acceptable to
the architect unless otherwise stipulated in the
contract
Approved, directed, or
acceptable
Execution, Correlation, and Intent of Documents
SIGNATURE ON DOCUMENTS
▪ The contract documents shall be signed in
______ by the owner and the contractor,
duly witnessed
quintuplicate
INTENT OF CONTRACT DOCS
▪ The contract documents are ______and
what is called for by any one shall be as binding
as if called for by all
▪ The intention is to include all labor and materials,
equipment and transportation necessary for the
proper execution of the work
complementary
CONFORMITY TO CONTRACT DOCS
▪ If there are variances between the drawings and
the specs, the provisions of the _____ shall prevail
▪ Any discrepancy found between the drawings and
the specs and site conditions or any
errors/omissions in the drawings or the specs
shall be immediately ______
specs
reported to the architect or
engineer who shall promptly correct said
discrepancy
CONFORMITY TO CONTRACT DOCS
▪ Responsibility for adequacy of the design and for
sufficiency of drawings/specs shall be borne by
the _____
▪ The ______ shall furnish from time
to time all additional detail drawings and
instructions essential to the proper execution of
the work
owner
architect or engineer
CONFORMITY TO CONTRACT DOCS
▪ The ______ and ____ shall
jointly prepare a schedule subject to change from
time to time in accordance with the progress of
the work
contractor and the architect/engineer
CONTRACTOR DOCUMENTS AT
SITE OF WORK
▪ The contractor shall keep at the site, in good
order, one copy each of the following:
▪ Drawings
▪ Specs
▪ Breakdown of work
▪ Schedule of construction
▪ All instructions and graphs available to the architect
and his representatives
OWNERSHIP OF CONTRACT
DOCS/MODELS
▪ The drawings, specs, and models including all
additional instructions and copies thereof
furnished for this work by the architect are the
property of the _____
architect
COPIES OF DRAWINGS/SPECS
▪ The owner shall furnish the contractor free of
charge____ sets of drawings and specs
three
COORDINATION OF
DRAWINGS/SPECS
▪ All drawings and models are intended to be
coordinated with the ____, and also to form a
part of the contract documents
specs
CLARIFICATION OF MEANING OF
DRAWINGS AND SPECS
▪ The contractor shall carefully examine, compare and
verify the date furnished by the drawings and specs
▪ Should a conflict occur between drawings, or a
conflict between specs and drawings, the contractor
shall be deemed to have estimated a more expensive
way of doing work unless __________from the architect
before submission of proposal as to which method or
materials will be required
he shall have asked for and
obtained a decision in writing
CLARIFICATION OF MEANING OF
DRAWINGS AND SPECS
▪ If, after the award, the less expensive work is
done, the contractor shall ___________________________
credit the owner an
amount equivalent to the difference between the
more expensive and less expensive work
CLARIFICATION OF MEANING OF
DRAWINGS AND SPECS
▪ If, in the contractor’s opinion, any work indicated
in the drawings or specified in a manner will make
it impossible to produce a first-class work, he
shall __________
before proceeding with work. If the contractor
fails to make such a reference, no excuse will be
entertained for failure to carry out work in the
most satisfactory manner.
refer the same to architect for interpretation
DISCREPANCIES IN DRAWINGS
▪ In case of In case of discrepancy in the figures or
drawings, the ___________, before any
adjustment shall be made by the contractor save
only at latter’s own risk and expense, the decision
of the Architect on the adjustment of
discrepancies so as to conform to the real intent
of the drawings and specifications shall govern
and shall be followed by the Contractor.
matter shall be submitted
immediately to the Architect
SUPPLEMENTARY DRAWINGS
AND INSTRUCTIONS
▪ The drawings referred to in these Specifications
will be further supplemented by additional detail
drawings and Instruction essential to the proper
interpretation of the Drawings and the proper
execution of the work.
▪ The Architect shall furnish with reasonable
promptness such ____________ and ____
additional detail drawings and
instructions.
SUPPLEMENTARY DRAWINGS
AND INSTRUCTIONS
▪ All such additional detail drawings and Instructions
shall be consistent with the contract documents, true
developments thereof, and reasonably inferable
wherefrom.
▪ All such additional drawings and Instructions are to
be considered of equal force as those which originally
accompany the specifications. The work shall be
executed in conformity with such detail drawings and
instructions, and the Contractor shall do no work
without ________ and _____
proper drawings and instructions.
SCHEDULE FOR SUBMISSION OF
SHOP DRAWINGS
▪ The contractor and the architect, if either one so
requests, shall jointly prepare a schedule subject
to change from time to time in accordance with
the progress of the work, fixing the ____________ will be required, and
the architect shall furnish them in accordance
with that schedule
dates at which
the various detail drawings
CONDITIONS FOR SHOP DRAWINGS
▪ The Contactor shall prepare at his own expense
and submit with such promptness as to cause no
delay in his own work or in that of any other
contractor doing work on the same building, ___
copies of all shop or setting drawings, templates,
patterns and models as well as schedule required
for the work of the various trades
two
CONDITIONS FOR SHOP DRAWINGS
▪ The Architect shall pass upon them with
reasonable promptness, making desired
corrections. The Contractor shall make any
corrections required by the Architect, file with him
____ corrected copies and furnish such other
copies as may be needed.
two
CHECKING OF SHOP DRAWINGS
▪ Before submitting shop drawings for approval, the
_____ shall check drawings of all subcontractors
for accuracy.
▪ He shall see that all work contiguous with and
having bearing on work indicated on shop
drawings is accurately and distinctly illustrated
and that work shown is in Conformity with
Contract requirements
Contractor
IDENTIFICATION
▪ Shop drawings shall be numbered consecutively
and represent:
▪ All working and erection dimensions.
▪ Arrangements and sectional views.
▪ Necessary details, including complete information for
making connections with other work.
▪ Kinds of materials and finishes.
LETTER OF TRANSMITTAL
▪ Submission of shop drawings shall be
accompanied by a __________ in
duplicate, containing name of project, contractor’s
name, number of drawings, titles, and other
pertinent data.
letter of transmittal
CORRECTION, CHANGES,
VARIATIONS
▪ The Contactor shall submit ____ sets of prints of
shop drawings to the Architect for approval.
▪ Satisfactory shop drawings will be so identified by the
Architect, dated and ____ 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 contractor with necessary corrections
and changes to be made as indicated.
three
one
CORRECTION, CHANGES,
VARIATIONS
▪ The _____ shall make required corrections
and changes and resubmit shop drawings, in
duplicate until the Architect’s approval is obtained.
▪ Upon receipt of approval the Contractor shall
________ on tracing and promptly
furnish the Architect with ____ additional prints of
approved drawings.
Contractor
Insert date of approval
three
CORRECTION, CHANGES,
VARIATIONS
▪ No work called for by shop drawings shall be
executed until the ______ approval is given.
▪ If shop drawings show variations from Contract
requirements because of standard shop practice
or other reasons, the______ shall make
specific mention of such variations in his letter of
submittal.
Architect’s
Contractor
RESPONSIBILITY FOR ACCURACY
▪ Approval of shop drawings will be general. It shall
not relieve the ______ of responsibility for
accuracy of such shop drawings, nor for Proper
fitting and construction of work, nor for furnishing
of materials or work required by the Contract and
not indicated on shop drawings.
Contractor
RESPONSIBILITY FOR ACCURACY
▪ The Architect’s approval of such drawings or
schedule shall not relieve Contractor from
responsibility for deviations from Drawings or
Specifications, unless he has in _____-, called the
Architect’s attention 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
writing
SECTION 2
Laws, regulation, site conditions, permits, taxes
LAWS + REGULATIONS
▪ In general the ______ shall comply with all the
laws, city and municipal ordinances , and all
building Codes, rules and regulations, In so far as
they are binding upon or affect the parties hereto,
the work, or those engaged thereon.
▪ He shall also comply with regulations of firms
furnishing utilities such as water, gas, telephone
and electricity for the project.
contractor
LAWS + REGULATIONS
▪ If the Contractor performs any work contrary to
such laws, ordinances rules and regulations, and
without such notice to the Architect, he shall _______
bear
all costs arising there from.
SITE CONDITIONS
▪ Before the bidding and the awarding f the contract,
the Contractor is expected to ______________, including local conditions and
all other contingencies.
▪ No extra compensation and extension of time will be
given due to negligence or inadvertence of the
Contractor.
have visited the locality
of the work and made his own estimates of the
facilities and difficulties attending to the execution of
the proposed contract
PERMIT + LICENSES
▪ All construction permits and licenses necessary
for the execution of the work or of any temporary
work and easements in relation thereto should be
secured, and the corresponding required fees paid
by the ______
▪ The cost of such permits and licenses may,
However be reimbursed by the _____ to the
Contractor if specifically Stipulated in the prior
Instructions of the Owner or the Architect.
Contractor.
Owner
PERMIT + LICENSES
▪ The _____ shall solely responsible for the
actions taken by him should the construction be
started before acquiring the necessary permits
and licenses.
▪ The Contractor shall also secure the ________but he shall not be responsible
for the non-issuance or the delay in the Issuance
thereof through no fault of the Contractor.
Contractor
final
occupancy permit
TAXES
▪ :Wherever the law of the place of building required
sales, consumer, use, or other similar tax related
or pertinent only to the construction of the project,
the _____ shall pay such tax.
Contractor
STAKES/REFERENCE MARKS
▪ The ____ shall be responsible for the establishment
of lot lines, boundary lines, easement, and
benchmarks by a certified surveyor.
▪ The Owner may relegate this responsibility to the
_____ provided the Owner shall pay for the cost
of said services.
▪ All other grades, lines, levels and benchmarks
necessary for the prosecution of the work shall be
established and maintained by the ______
Owner
Contractor
Contractor.
STAKES/REFERENCE MARKS
▪ The _____ shall verify all grades, lines, levels
and dimensions as indicated on the Drawings. He
shall report any error or in consistency to the
______ before commencing work.
Contractor
Architect
STAKES/REFERENCE MARKS
▪ The _____ shall provide and maintain wellbuilt
batter boards at all corners. He shall
establish benchmarks in not less that ____ widely
separated places. As work progresses, he shall
establish benchmarks at _____ giving exact
levels of various floors.
▪ As work progresses the Contractor shall lay out
exact location of all partitions as a guide to all
trades.
contractor
two
each floor
LICENSED SURVEYOR
▪ The ______ shall pay for services of a licensed
surveyor when so required to confirm and certify
the location of column centers, piers, wall, pits,
trenches, pipe work, culvert work, utility lines and
work of similar nature required by the Contract.
▪ A copy of such certification shall be furnished the
_____. It is the intention that the Surveyor’s
Certification shall represent an Independent and
disinterested verification of such lay-out.
Contractor
Architect
LICENSED SURVEYOR
▪ It is the intention that the _______
shall represent an Independent and disinterested
verification of such lay-out.
Surveyor’s Certification
FINAL CERTIFICATION
▪ Final certification shall be submitted upon
_______, or upon completion of any
section of work, if required by the Architect, and
before ______is made.
completion of work
final payment
FINAL CERTIFICATION
▪ Any exception or deviations from the Drawings
shall be noted on ________, and there shall
be included any maps, plots, notes, and the like
necessary in the opinion of the Architect to
constitute a full and complete report.
final certificate
SECTION III
Equipment and Materials
GENERAL
▪ All materials and equipment must conform to all
laws, ordinances regulations and building codes
now or hereafter may be in force and applicable
during the period of construction
▪ the ______ shall obtain the necessary permits
and pay the required fees therefore to the proper
authorities.
contractor
GENERAL
▪ The _____ shall bear any and all damages by
reason of any delay in the work arising from his
failure to comply the provisions of his clause
▪ Note: should any revision or amendments to such
laws, ordinances, regulations and building codes made
during the construction period affect the cost or time
of completion of the contract, a corresponding
adjustment shall made.
Contractor
EQUIPMENT
▪ : In order to establish standards of quality, the
_____ and _____ have in the detailed
Specifications, referred to certain equipment by
name and catalog number.
▪ This procedure is not to be construed as
eliminating from competition other products of
equal or better quality by other manufacturers
where fully suitable in design.
Architect and the Engineer
EQUIPMENT
▪ The _____ shall furnish the complete list of
proposed substitutions prior to the signing of the
Contract, together with such engineering and
catalog data as the Architect and the Engineer
may require.
Contractor
EQUIPMENT
▪ The Contractor shall by 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.
▪ No substitute equipment shall be used unless
approved in _____
writing.
EQUIPMENT
▪ The _____ and _____must review and
approve the catalog data for all equipment before
any equipment is ordered by the contractor
▪ The approval of the Architect and the Engineer
shall not relieve the Contractor from responsibility
for deviations from Drawings or Specifications,
unless he has in _____ called their attention to
such deviations at the time of submission
architect and the engineer
writing
EQUIPMENT
▪ It shall be the responsibility of the _______ to
insure that Items to be furnished fit the space
available. He shall make necessary field
measurements to ascertain space requirements,
including those for connections
Contractor
MATERIALS, FIXTURES, FITTINGS
FURNISHED BY THE CONTRACTOR
▪ Names of proposed manufacturers, material men,
and dealers who are to furnish materials, fixtures,
appliances or other fittings shall be submitted to
the______ for approval as early as possible, to
afford proper investigation and checking.
Architect
MATERIALS, FIXTURES, FITTINGS
FURNISHED BY THE CONTRACTOR
▪ No manufacturer will approved for any materials
to be furnished under this Contract unless he shall
be of good reputation, shall have a plant of ample
capacity and adequate quality control and shall
have successfully produced similar products.
▪ All transactions with manufacturers, or subcontractor,
shall be through the _____.
Contractor
SAMPLES OF MATERIALS
▪ The ______shall furnish for approval, with such
promptness as to cause no delay in work, samples as
specified or required. Work shall be in accordance
with approved samples.
▪ Unless otherwise specified, ____ samples shall be
submitted, and of adequate size to show quality, type,
colour, range, finish, and texture if material.
▪ Each sample shall be labeled, bearing material name
and quality, the Contractor’s name, date project
name, and other pertinent data.
Contractor
three
SAMPLES OF MATERIALS
▪ Where specifications require manufacturer’s printed
installation directions, such directions shall ____ submitted for approval.
▪ A letter of transmittal in _____ from the Contractor
requesting approval shall accompany all sets of samples.
▪ Transportation charges to the Architect’s office must be
prepaid on all samples forwarded.
▪ Materials shall not be ordered until approval is received in
writing from the Architect. All materials shall be furnished
substantially equal in every respect to approved samples.
accompany
samples
triplicate
TRADE NAMES AND SUBSTITUTES
▪ Whenever 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.
▪ No substitution shall be made for any material,
article, or process required under Contract unless
approved in written by the _____
Architect.
TRADE NAMES AND SUBSTITUTES
▪ Materials and articles installed or used without
such approval shall be at the risk of subsequent
_____
▪ Samples of materials for use in reinforced
concrete work such as steel bars cement,
aggregates and their certificates of origin are to
be approved by the ____
rejections.
Architect.
TESTING SAMPLES OF MATERIALS
▪ The _____ 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 competent entity or testing
laboratory approved by the Architect. All cost for
shipment, delivery, handling, and testing of
samples are to be paid by the _____-
Contractor
Contractor.
QUALITY OF MATERIALS
▪ Unless otherwise specified, all material shall be ___.
The quality of materials shall be the best grade of
their respective kinds for the purpose. The work shall
be performed in the best and most acceptable
manner in strict accordance with the requirements of
the Drawings and Specifications.
▪ The decision of the _____ as to quality and
quantity of work and material shall be final and
precedent to the Contractor’s right to receive any
money hereunder.
new.
Architect
STORAGE AND STOCKPILING OF
MATERIALS
▪ The ____ shall allot suitable space to sub-contractor
for storage of their materials and for erection of their shed
and tool houses.
▪ All cement, lime, and other materials affected by moisture
shall be stored on platforms and protected from weather.
Materials shall stored as to insure the preservation of their
quality and fitness for the work. Stored materials shall be
located so as to facilitate prompt inspection.
▪ Should it be necessary at any time to move materials,
sheds, or storage platforms, the Contractor shall do so at
his own expense.
Contractor
DEFECTIVE MATERIALS
▪ All materials not conforming to the requirements of
these specifications shall be considered as defective.
No defective materials, the d_______________, shall be used until approval
has been given. Upon failure on the part of the
Contractor to comply forthwith with any order of the
Architect made pursuant to the provisions of this
article, the architect shall have authority to remove
and replace defective materialsand to deduct the
cost of removal and replacement from any money
due or to become due the Contractor.
efects of which have
subsequently corrected
DEFECTIVE MATERIALS
▪ The apparent silence of the Specifications,
Drawings, Special Provisions and supplementary
Specifications, as to any detail or description
concerning any point shall be regarded as
meaning that only the best general practice is to
prevail and that only materials and workmanship
of ______quality are to be used.
first class
DEFECTIVE MATERIALS
▪ Failure or neglect on the Architect, or any of his
agents to condemn or reject bad or interior
materials shall _________ if said bad or inferior
materials are discovered at any time prior to the
final acceptance f the work by the Owner and the
release of the Contractor.
not be construed to imply an
acceptance of the materials
IMPORTED MATERIALS, FIXTURES
AND EQUIPMENT
▪ The _____ shall take cognizance of the in
element of the Contract. He shall make early
arrangements for the purchase and delivery of all
specified imported materials, fixtures, appliances
and equipment in order to avoid delay in the
completion of the work.
▪ No extension of time or substitution of materials
shall be allowed due to negligence or inadvertence
of the Contractor.
Contractor
OWNER-SUPPLIED MATERIALS
▪ Materials, equipment, fixtures, appliances and
fittings specifically indicated shall be furnished by
the ____ in accordance with schedule of delivery
agreed upon between the Owner and the
Contractor. The fact that the Owner is to furnish
material is conclusive evidence of its acceptability
for the purpose intended and the Contractor may
continue to use it until other directed.
Owner
OWNER-SUPPLIED MATERIALS
▪ If the Contractor discovers any defect in material
furnished by the Owner, he shall notify the
______. The Contractor shall be responsible for
material loss or damage after receipt of any
material, equipment, fixture, and appliance or
fitting unless the same has been installed and
accepted for safe keeping by the Owner or his
representative.
Architect
ROYALTIES AND PATENTS
▪ The ______ shall pay all royalties and license
fees on all patented materials and processes
furnished by him. He shall defend all suits or
claims corresponding thereto for infringement of
any patent rights and shall save the owner
harmless from loss on account thereof.
Contractor
MANUFACTURER’S DIRECTIONS
▪ All manufactured articles, materials, equipment,
appliances, fixtures and fittings shall be applied,
installed, connected, erected, used, cleaned, and
conditioned. In accordance with manufacturer’s
printed directions, unless herein specified to the
contrary, where reference is made to
manufacturer’s directions. The _____ shall
submit specified number of copies of such
directions to the Architect
Contractor
SECTION IV
Premises and Temporary Structures
USE OF PREMISES
▪ The ___ shall confine his apparatus, the
storage of materials, and the operations of his
workmen to limits indicated by the law,
ordinances, permits, or directions of the Architect
and shall not unreasonably encumber the
premises with his materials.
Contractor
USE OF PREMISES
▪ The ____ shall not load or permit any part of
the structure to be loaded with a weight that will
endanger its safety. The Contractor shall enforce
the Architect’s Instructions regarding signs,
advertisements, fires and smoking.
Contractor
Temporary
structures and
facilities
TEMPORARY OFFICE AND
CONTRACTOR’S BUILDING
▪ The_____ shall at all times provide and
maintain adequate weather tight temporary office
with water, light, telephone, and toilet facilities for
the use of the Architect, resident engineers,
Inspectors, contractor, and sub-contractors.
Contractor
TEMPORARY OFFICE AND
CONTRACTOR’S BUILDING
▪ This office shall be provided with wooden floor
raised above the ground, windows, doors and
locks, tables, closet, blackboard, tack board,
benches and racks for drawings. One room of
approximately___ square meters shall be provided
for the Architect’s use.
12
TEMPORARY HOUSING FOR
WORKERS
▪ The temporary buildings for housing men, or the
erection of tents or other forms of protection will
be permitted only at such places as the ____ or ____ shall designate: and the sanitary
condition of the grounds I 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 ____ or ____within the building line of the project under
construction.
owner or
Architect
sleep or
cook
TEMPORARY SANITARY
FACILITIES / FIRST AID STATION
▪ The ____ shall provide construct and maintain
for the duration of the contract, ample sanitary toilet
accommodation and other necessary conveniences
including water connections for the use of personnel
and laborers on the work, properly secluded from
public observation. In such manner and at such
points as shall be approved by the Architect, and their
use shall be strictly enforced. He shall keep such
places clean and free from flies: remove all
connections and appliances connected therewith
prior to the completion of the contract and leave the
premises perfectly clean.
Contractor
TEMPORARY BARRICAES AND
GUARD LIGHTS
▪ The _____ shall furnish and put up all
temporary barricades and guard light necessary
for the, proper prosecution and completion of
work. The guard lights at the top to the false work
tower, barricades, railing, ET, shall be provided and
maintained by the Contractor throughout the
prosecution of the project.
Contractor
TEMPORARY WATER, POWER AND
TELEPHONE FACILITIES
▪ The _____ shall make all necessary
arrangements with the local utility companies in
order that temporary facilities for water, power,
and telephone are sufficiently provided till the
completion of the work. All expenses incurred in
connections therewith shall be paid by the
_____
Contractor
Contractor
TEMPORARY SIGNS
▪ No signs advertisements will allowed to be
displayed without the ____ approval. The
Contractor may erect one painted sign as
approved by the Architect, giving names and
addresses of the Architect. Contractor and
various sub-contractors. The Architect shall
approve size, colour, lettering, and sign locations.
Architect’s
TEMPORARY ROADWAYS
▪ The ____ shall construct and properly
maintain temporary roadways within and adjacent
to site in order to provide proper access to the
building. Temporary roadways shall adequately
sustain loads to be carried on them and be so
constructed as not to endanger existing or newly
installed underground structures.
Contractor
TEMPORARY STAIRS, LADDERS,
RAMPS, AND RUNWAYS
▪ The ______ 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
by all trades. All such apparatus, equipment, and
construction shall meet all requirements of _____ and other laws applicable thereto.
Contractor
Labor
Law
TEMPORARY ELEVATORS /
HOISTS
▪ The _____ shall install and operate an adequate
number of hoists and elevators. No hoists shall be
constructed at such locations as 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 shall be located at a
sufficient distance from exterior walls and be so
protected as to prevent damage, staining or marring
the permanent work.
Contractor
TEMPORARY ENCLOSURES
▪ The ______ shall provide temporary weather
tight enclosure for all exterior openings as son as
walls and roof are built so as to protect all work
from. 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 buy removable
when required. Such sash frames shall be covered
in approved manner.
Contractor
TEMPORARY / TRIAL USAGE
▪ Temporary or trial usage by the ____ of any
mechanical device, machinery, apparatus,
equipment, or any work or materials supplied
under Contract before final completion and
written acceptance y the Architect shall not be
construed as evidence of the Architect’s
acceptance of same.
Owner
TEMPORARY / TRIAL USAGE
▪ The _____ shall have privilege of such temporary or
trial usage, for such reasonable length of time as the
Architect shall deem to e 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 structural parts
or by defective material or workmanship.
▪ If the Contractor so elects, he may, at his on expense,
place persons satisfactory to the Architect to make
such trial usage.
Owner
REMOVAL OF TEMPORARY
STRUCTURES
▪ The _____ shall remove all temporary work
from premises, erected by him and shall clean the
premises as a condition for completing the work
and before acceptance of the work by the Owner.
contractor
SECTION V
Protection of Work and Property
SAFEGUARD MEASURES
▪ The _____ shall put up ad continuously
maintain adequate protection of all his work from
damage and shall protect the Owner’s property, as
well as all materials furnished and delivered 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.
Contractor
SAFEGUARD MEASURES
▪ The ____ shall provide reliable and
competent watchmen to guard the site and
premises, from commencement of operation until
building is fully completed. Provide all doorways
with locks under control of the Contractor, who
shall lock doors at the close of each day’s work. In
the event that the Architect at any time deems
watchmen service inadequate or incompetent, the
contractor shall increase or change the watchmen
personnel to the _____ satisfaction.
Contractor
Architect’s
SAFEGUARD MEASURES
▪ _____on premises shall be prohibited except in
designated places and signs to this effect shall be
posted conspicuously. Fires shall not be built on
premises except by express consent of the
Architect.
Smoking
SAFEGUARD MEASURES
▪ The _____ shall provide and maintain barrels
of water and fire buckets on premises for fire
protection. Such equipment shall not be used for
other purpose.
▪ The Contractor shall provide and maintain in good
working order and adequate number of fire
extinguishers.
Contractor
OLD MATERIALS
▪ All old materials of value found the ____
upon the work, shall be carefully piled where
designated by Owner or the Architect and the
Contractor shall be responsible for the same until
final acceptance of the work.
Contractor
TREES AND OTHER PLANTS
▪ Existing trees, plants, shrub, etc., which are to
remain shall be ____ and otherwise protected
from damage. No trees within site or located
outside building lines shall be cut or removed
without specific approval from the ____ and ____
boxed
Owner and the
Architect.
TREES AND OTHER PLANTS
▪ all trees and other plants that need to be
transplanted elsewhere within _____ 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
authorities concerned.
fifty(50)
TREES AND OTHER PLANTS
▪ undue damage to trees, plants, shrub, streets,
sidewalks, etc., resulting from and in connection
with construction work shall be made good and
/or replaced by the ____ his own expense to
the satisfaction of the Owner and the architect.
Contractor
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 flow of
artificial drains, the _____ 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
interest. For any neglect to provide for other natural
or artificial drainage which he may have interrupted,
he shall solely be held liable for all damages which
may result there from during the progress of work.
Contractor
Protection of
adjacent property
and existing utilities
CONTRACTOR’S SOLE
RESPONSIBILITY
▪ The ____ shall adequately protect adjacent
properly as provided by law and the contract
Documents. The construction building or work, In
addition to any neighboring properly or building which
may be manner, must be thoroughly and
substantially braced against winds, floods, settling,
falling, or like similar occurrences, and when
necessary, covered and protected from sun and rain
at the Contractor’s expense. The _____ shall
solely be liable and pay for all damages occasioned in
any manner by his acts or neglect, or of his agents,
employees, or workmen.
contractor
Contractor
EXISTING UTILITIES
▪ Existing utilities, if damaged due to negligence or
fault of the Contractor, shall be repaired by the
_____ at his expense.
Contractor
Protection of life, work
and property during an
emergency
AUTHORIZATION OF CONTRACTOR
▪ In an emergency affecting safety of life or of the work
or of adjoining properly, the_____, without
special instruction 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, at his discretion, to prevent such threatened
loss or injury and he shall so act, without appeal, If so
instructed or authorized. Any compensation claimed
by the _____ on account of emergency work,
shall be determined by agreement of arbitration.
Contractor,
Contractor
SECTION VI
Labor, Work, and Payments
Labor
CHARACTER OF WORKMEN
▪ The Contractor shall employ only competent and
efficient engineers, superintendents, foremen,
mechanics, laborers, or artisans. Whenever, in the
opinion of the ____, any employee is careless
or incompetent or obstructs the progress of the
work or acts contrary to instructions or conducts
himself improperly, the Contractor shall, upon
written request of the Architect, discharge or
otherwise remove him from work and not employ
him again upon it.
Architect
CHARACTER OF WORKMEN
▪ Should the Contractor fail to remove
unsatisfactory workmen or fail to furnish suitable
and sufficient equipment or personnel for the
proper prosecution of the work, the ____ may
withhold payment which are or may become due,
or may suspend the work until such orders are
complied with.
Architect
SUPERINTENDENCE AND
SUPERVISION
▪ The ______, if supervises the work personally,
must be a licensed engineer or architect
acceptable to the Architect who will supervise the
work personally and inspect at least once a week.
▪ The Contractor shall keep in his project site,
during the work’s progress, a competent engineer
or Superintendent and any necessary assistants,
all satisfactory to the Architect.
Contractor
SUPERINTENDENCE AND
SUPERVISION
▪ The _______ or ____ 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 prompt supply such
materials, tools, paints, equipment, and labor as
may be required.
Project engineer or Superintendent
Work
METHODS AND APPLIANCES
▪ The ____ shall use such methods and
appliances for the performance of all the
operations connected with the work embraced
under this Contract as 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.
Contractor
METHODS AND APPLIANCES
▪ 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 inappropriate for producing the quality of the
work required, or insuring the required rate of
progress, the ____ may order the Contractor
to increase the rate of their efficiency or to
improve their system of operation.
Architect
METHODS AND APPLIANCES
▪ The Contractor must comply with such order.
Failure, however, of the Architect to demand such
increase of efficiency or improvement of
character of methods and appliances shall not
relieve the _____ from his obligation to turn
out such quality of work and rate of progress as
are called for in t his contract.
Contractor
METHODS AND APPLIANCES
▪ The _____ shall, if required, furnish to the
Architect for approval full information and
satisfactory evidence as to the name of the
manufacturer of machinery, or mechanical or
other equipment which he contemplates using
together with the performance capacities and
other pertinent information.
Contractor
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.
LAYING OUT THE WORK
▪ All stakes benchmarks, etc., placed by the
Contractor in laying out the work, approve by the
Architect, shall be ___________ by the Contractor. In case such stakes
or marks are displaced or rendered useless
through the carelessness or neglect of the
Contractor or of his agents, employees, or
workmen, they should be replaced by the
_______ at his own expense.
carefully guarded and
preserved
Contractor
INSPECTION OF WORK
▪ The _____ ______ and their representatives
shall at all times have access to the work
wherever it is in preparation or progress and the
Contractor shall provide proper facilities for such
access and for inspection.
Owner, Architect
INSPECTION OF WORK
▪ a. If the specifications, the Architect’s
Instructions, laws, ordinances or any public
authority require any work to be specifically tested
or approved, the ____ shall give the
Architect and other parties required to make the
inspection, timely notice of its readiness for
inspection, and the date fixed for such inspection
Contractor
INSPECTION OF WORK
▪ Inspections by the Architect shall be promptly
made and were practicable, at the source of
supply. 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 _________ expense.
Contractor’s
INSPECTION OF WORK
▪ b. Re-examination of questioned work may be
ordered by the Architect and is so ordered; the
work must be uncovered by the ______. If
such work be found not in accordance with the
Contract Documents, the _____ shall pay the
cost.
Contractor
Contractor
INSPECTION OF WORK
▪ c. The _____ shall furnish promptly without
additional charge all reasonable facilities, labor,
and materials necessary for the safe and
convenient inspection and tests that may be
required by the inspectors. All inspection and tests
shall be performed in such manner as not to
unnecessarily delay the work.
Contractor
INSPECTION OF WORK
▪ d. If there are indications that the work done are
not in accordance with plans and specification,
the ____ may at any time before final
acceptance of the entire work make an
examination of the work already completed. By
removing or tearing out same, the Contractor
shall, on request, promptly furnish all necessary
facilities, labor, and materials.
Architect
INSPECTION OF WORK
▪ If such work is found to be defective in any material
respect due to fault of the Contractor, or his
subcontractors, he shall defray all the expenses of
such examination and of satisfactory
reconstructions. If, however, such work is found to
meet the requirements of the Contract, the actual
cost of labor and materials necessary involved in the
examination and replacement plus __ percent, shall
be allowed the Contractor and shall in addition, if
completion o the work has been delayed hereby, be
granted a suitable extension of time on account of
the additional work involved.
15
DEFECTIVE WORK
▪ Defective work may be condemned by the
_____ 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 _____ and rebuilt in accordance with the
Drawings and Specifications.
Architect
Contractor
DEFECTIVE WORK
▪ 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 _____ 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.
construed
WORK DURING EMERGENCY
▪ The ______ shall perform any work and shall
furnish and install all materials and equipment
necessary during an emergency endangering life
or property. In all 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.
Contractor
INCREASED OR DECREASED
QUANTITIES OF WORK
▪ Adjustments of Drawings to suit field conditions which
cannot be foreseen at the time of calling 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
under runs from the quantities in the Proposal do not
exceed _____ percent. In case of discrepancy, the matter
shall be submitted immediately to the Architect, before any
adjustment shall be made by the Contractor, otherwise it
shall be at his own risk and expense.
five
CHANGES ORDERED BY THE
OWNER
▪ The ____ 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
deducing 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 ___ , and no change or omission
from the Drawings and Specifications shall be
considered to have been authorized without written
instructions signed by the Owner.
Owner
writing
CHANGE OF SUB-SURFACE
CONDITIONS
▪ If, during the progress of the work, sub-surface
conditions at the site materially different from those
shown on the Drawings or indicated in the
Specifications are discovered or encountered, the
attention of the _____ shall be called immediately
to such conditions before they are disturbed. The
Architect shall thereupon promptly investigate 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, with the approval of
the Owner, make such changes I the Drawings and
Specifications as he may find necessary.
Architect
ADJUSMENTS OF CONTRACT
▪ All such work shall be executed under the conditions
of the original contract. If such 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 shall be modified I writing accordingly. The
express consent of the sureties shall be obtained in
writing. In the event that the work involved is
increased y such changes, the ______ shall
furnish proportionate additional performance bond.
Contractor
VALUE OF EXTRA WORK
▪ The value of extra work or change shall be
determined in any one or more of the following ways:
- By estimate and acceptance in a lump sum
- By unit price stipulated I the Contract or subsequently
agreed upon, provided the extra or credit does not exceed
25% of original contract of the particular work involved. - By actual direct cost plus Fifteen Percent for contractor’s
profit, overhead and contractor’s tax.
VALUE OF EXTRA WORK
▪ Under case (3), he shall keep and present such
formats the ____ may direct, a correct
account of the cost, together with vouchers. In
any case, the Architect shall certify to the amount
including the ____ Percent allowance for
overhead and profit due the Contractor.
Architect
Fifteen
PERIOD OF WHICH CLAIM FOR
ADJUSTMENT HAS TO BE ASSERTED
▪ Any claim for adjustment involving questions of fact
must be asserted fifteen days from the date of
charge is ordered unless the ____ shall for proper
cause extend such time. Except as otherwise
specifically provided in this Contract, all disputes
concerning questions of act arising under this
Contract shall be decided by the Architect or his duly
authorized representative. Nothing, however, as
provided for in Article 20.07 shall excuse the
_____ for proceeding with the prosecution of the
work so changed.
Architect
Contractor
CHANGES ORDERED BY THE
ARCHITECT
▪ In giving instructions, the ____ shall have the
authority to make minor changes in the work, not
involving extra cost, and not inconsistent with the
design concept of the building.
Architect
AWARD OF EXTRA WORK TO
OTHER CONTRACTORS
▪ Incase any extra 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
____ reserves the right to have such extra work
done by any other person, firm, or corporation that
said Contractor.
Owner
CLAIMS FOR EXTRA COST
▪ If the Contractor claims that any Instructions by
drawing or otherwise involve extra cost under this
Contract, he shall give the Architect written notice
thereof within _____ days after the receipt of such
instruction, and, in any event, before proceeding to
execute the work, except I emergency endangering
life or property, and the procedure shall be as
provided for in Article 20.05 (Work During an
Emergency) of the General Conditions. No such claim
shall b e valid unless so made.
fifteen
CLAIMS FOR EXTRA COST
▪ 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., Ownersupplied
materials not arriving on time, movements
or work executed by the Owner which interfere with
the progress of the Contractor’s work, delay
decisions and other matters related thereto, he shall
give the _____ written notice thereof within fifteen
days after recognition of such delays. No such claim
shall be valid unless such written notice has been
executed.
Architect
CLEANUP 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
______________________________________________________
remove all his rubbish from and about the building
and all his tools, scaffolding and surplus materials
and turn over the work for occupancy with:
CLEANUP AT COMPLETION OF
WORK
▪ All dirt, stains and the like on all finishing of floors,
walls and ceiling, decorative work, finishing hardware
and fixtures, removed;
▪ All woodwork, finishing hardware and all metal works,
cleaned and polished.
CLEANUP AT COMPLETION OF
WORK
▪ All glazing marble and tile work washed and polished.
The ______ shall so clean the building site as
shown in the Drawings and all areas which 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.
Contractor
USE OF COMPLETED PORTIONS OF
WORK
▪ The _____ shall have the right to take possession
of and use any completed or partially completed
portions of the work, notwithstanding that the
time for completing the entire work or such
portions may not have expired; but such taking
possessions and use shall not be deemed an
acceptance of any work not completed in
accordance with the Contract Documents.
Owner
USE OF COMPLETED PORTIONS OF
WORK
▪ Neither shall it be deemed a waiver by the Owner
of the rights to claim for damages due to delays in
the completion of the work. If such prior use
increase the cost of or delays the completion of
uncompleted work, the ______ shall be entitled
to such extra compensation, or extension of time
or both, as agreed upon prior to the occupancy.
Contractor
CERTIFICATION 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 ____%
of the contract amount and that the remaining
unfinished work shall be of a minor nature only.
98%
CERTIFICATION OF COMPLETION
OF WORK
▪ If the contract covers the furnishing and/or
installation of equipment, fixtures and utilities,
said equipment, fixtures and utilities, shall be fully
_________in order that the work can be
considered as substantially complete. However,
should the Contractor, through no fault of his, be
unable to test run in order that the work can be
considered as substantially completed.
tested and test- run
CERTIFICATION OF COMPLETION
OF WORK
▪ However, should the Contractor, through no fault
of his be unable 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
_____>the work shall have been substantial
completed and shall have satisfactorily passed
any final test of materials that may be prescribed
by the Contract, the Architect shall issue a
Certificate of Completion in respect to the work.
Architect,
CERTIFICATION OF COMPLETION
OF WORK
▪ Even before the completion other whole work,
upon written application of the Contractor, the
______ may likewise issue such a Certificate of
Completion with respect to any substantial part of
the work which has been completed to the
satisfaction of the Architect and occupied or used
by the Owner.
Architect
CERTIFICATION OF COMPLETION
OF WORK
▪ In all cases, prior to the issue of sold Certificate of
Completion, the ______ shall execute a written
undertaking to finish any outstanding work during
the Period off making Good of Known Defects or
Faults as defined in Article 20.12 hereof.
Contractor
PERIOD OF MAKING GOOD OF
KNOWN DEFECTS OR FAULTS
▪ The expression “Period of Making Good off
Known Defects or Faults” shall mean a period of
not more than ____ calendar days, unless
otherwise expressly named in the contract,
calculated from the date of issue of the Certificate
of Completion of the whole work or of any part
thereof, in accordance with Article 20.11.
sixty
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 ____ days after its expiration as
a result of an inspection made by or on behalf or
the Architect prior to its expiration.
fifteen
MAKING GOOD OF KNOWN
DEFECTS OR FAULTS
▪ 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 _____________ . If the Contractor shall fail to do
any work as aforesaid, the Owner shall upon written
notice to the contractor be entitled o carry out such
work u his own workmen or but 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 monies
due or may become due to the Contractor.
ascertained and paid for as it
were additional work
SEARCH FOR CAUSES OF DEFECTS
OR FAULTS
▪ The Contractor shall, if required by the Architect in
writing, search for the cause of any defect,
imperfection or fault under the directions of the
Architect. Unless such defect, imperfection or
fault shall be one for which the Contractor is not
liable under the Contract, the cost of the work is
carried out by the Contractor in searching for said
defect shall be borne by the ____
Owner.
SEARCH FOR CAUSES OF DEFECTS
OR FAULTS
▪ 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 ______ 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.
borne by the contractor
Time of completion
of work
NOTICE TO PROCEED
▪ Following the execution of the Contract
Agreement but the Owner, 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 ____)with such force as to secure the
completion of the work within the time stated in
the contract.
owner)
NOTICE TO PROCEED
▪ If the ______ undertakes actual construction
on the proposed work including the delivery of
equipment or materials (In the case for furnishing
materials) 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 in his own risk,
Contractor
NOTICE TO PROCEED
▪ 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 _____ day
from receipt of Notice to proceed, unless
otherwise stipulated in the contract, and every
calendar following, shall be counted as a working
day
seventh (7th)
SCHEDULE OF COMPLETION
▪ The Contractor shall submit, for approval, the
Schedule of Construction Work in _________ 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.
Critical Path
Method
SCHEDULE OF COMPLETION
▪ 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 _____ may order the
Contractor to take such steps as he considers
necessary to complete the Contract within the
period provided.
Architect
EXTENSION OF TIME
▪ The Contractor will be allowed an extension of time
based on the following conditions:
▪ Should the Contractor be obstructed or delayed in the
prosecution or completion of the work by the act, neglect,
delay, or default the owner or any contractor employed by
the Owner on the work; by strikes or lockouts, by and Act of
God or Force Majeure as defined in Article 1.26; by delay
authorized by the Architect pending arbitration; then the
Contractor shall within _____ days from the
occurrence of such delay file the necessary request for
extension. The _____ may grant the request for
extension for such period of time as he considers
reasonable.
fifteen (15)
Architect
EXTENSION OF TIME
▪ 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 unless the Contractor shall have made
written request for them at ____ _days before they
are actually needed.
ten (10)
EXTENSION OF TIME
▪ The ________ must
be attached to any request of the Contractor for an
extension of time and submitted to the Owner for
consideration.
▪ 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
that the total cost of work actually performed shall be
the total cost in Contract.
WRITTEN CONSENT OF THE BONDSMEN
EXTENSION OF TIME
▪ However, if in the opinion of the ____, the nature of
the increased work is such that the new Con tract
Time as computed approve is unreasonably short, the
time allowance for any extension and increases shall
be as agreed upon writing.
▪ If no schedule or agreement stating the dates upon
which drawing shall be furnished is made, then no
claim for delay shall be allowed on account of failure
to furnish drawings until two weeks after demand for
such drawings and unless such claim be reasonable.
Architect,
EXTENSION OF TIME
▪ If the work is interrupted for any reason, it must be
promptly resumed on the removal or cessation of the
cause of delay.
▪ The Contractor shall give written notice to the Architect at
least _____ days prior to beginning, suspending (Except
in case of accident), or resuming the work to the end that
the Architect may 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
Architect) shall be deducted from the Final Payment.
ten (10)
LIQUIDATED DAMAGES
▪ It is understood that time is an essential feature of this
contract and that upon failure to complete the said
contract within the contract time, the Contractor shall be
required to pay the Owner the liquidated damages in the
amount stipulated in the Contract Agreement, the said
payment to be made as liquidated damages, and not by
way of penalty. The Owner may deduct from any sum due
or to become due the Contractor any sums accruing for
liquidated damages as herein stated. For purposes of
calculating, the actual completion date shall be the ___________
date
certified by the Architect under Article 20.11 hereof.
Payments
DETAILED BREAKDOWN OF
CONTRACT AMOUNT
▪ Except in cases where unit prices from the basis for
payment under the Contract the Contractor shall,
within_____ 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 work,
including the allowance for profit and overhead. Upon
approval of the Breakdown of Work and
Corresponding Value by the Architect, it shall be used
as the bass for all Requests for Payment.
fifteen (15)
REQUESTS FOR PAYMENT
▪ the Contractor may submit periodically but not more than
once each month a Request of Payment for work done. The
Contractor shall furnish the Architect all reasonable
facilities required for obtaining 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 ___%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.
10%
REQUESTS FOR PAYMENT
▪ 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 du to shortages or
import or transportation difficulties. In the event of
such exceptions, payment shall be conditioned upon
the submission by the Contractor 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 _____ Interest.
Owner’s
PROGRESS PHOTOS
▪ The Contractor at his own expense shall furnish
the Architect progress photographs which shall be
taken _____, starting when the work begins and
continuing so long as the work is in progress in
the outside of the building, from station points
designated by the Architect.
monthly
PROGRESS PHOTOS
▪ The photographs shall be _____. At each period
four exposures shall be taken, one on each side of
the building. _____ 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.
▪ No partial payment shall be considered for
approval without the above mentioned prints
accompanying the Request for Payment.
6”x8”
Eight (8)
ARCHITECT’S ACTION ON A
REQUEST FOR PAYMENT
▪ Within ____ days after receipt of any Request for
Payment by the Contractor, the Architect shall either
issue a Certificate of Payment or withhold the
Request of 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 representations to the owner.
fifteen
ARCHITECT’S ACTION ON A
REQUEST FOR PAYMENT
▪ The _______ shall include the value
of work accomplished by the Contractor during
the period covered buy the certificate and
recommendation to the Owner for payment in an
amount the Architect decides to be properly due.
Certificate of Payment
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:
▪ Defective work not remedied
▪ Claims filed or reasonable evidence indicating probable filing of
claims
▪ Failure of the Contractor to make payments properly subcontractors
or for material or labor.
▪ A reasonable doubt that the Contract can be completed for the
balance then unpaid.
▪ Damage to another contractor,
APPROVAL WITHHELD
▪ When the above grounds are removed, payment
shall be made for amounts withheld.
(see number 198 of this flashcards)
CONDITIONS RELATIVE TO
CERTIFICATES OF PAYMENTS
▪ The ______ shall estimate the value of work
accomplished by the Contractor using as a basis
the schedule stipulated in the breakdown of work
and corresponding value. Such estimates of the
Architect shall be final and conclusive evidence of
the amount of work performed, and shall be taken
as the basis for the full measure of compensation
to be received at the time by the Contractor.
Architect
CONDITIONS RELATIVE TO
CERTIFICATES OF PAYMENTS
▪ Such Preliminary estimates of amount and
quantity shall not be required to be made by strict
measurement or with exactness, but they may, at
the option of the _____, be approximate only.
Architect
OWNER’S ACTION ON AN APPROVED
REQUEST FOR PAYMENT
▪ Within _____ days from the date of approval of a
Request for Payment or of issuance of a
Certificate if 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.
fifteen
OWNER’S ACTION ON AN APPROVED
REQUEST FOR PAYMENT
▪ Owner’s failure to pay the amount involved would
be subject to payment based on _______ prevailing at the time of the signing of the
contracts
banking loan
rates
PAYMENT OF CONTRACTOR’S
OBLIGATIONS
▪ The ______ shall pay workmen employed by
him on his project 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.
Contractor
PAYMENT OF CONTRACTOR’S
OBLIGATIONS
▪ If required he shall furnish the Owner with a statement
sworn to before an officer duly authorized to administer
oath that all persons who have done work or furnished
materials under this Contract have been duly paid. If such
written evidence is not furnished before the final payment
in under the Contract falls due, said Owner may after due
notice to and clearance by the _____ 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.
Contractor
PAYMENTS OVER 65 PERCENT
▪ No payment shall be made on contracts in excess
_______%) 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 the bills for labor
other than current wages, and all bills for
materials have been duly paid by the Contractor
and his Sub-contractor, if any, excepting only such
bills as may be enumerated in such sworn
statement.
sixty five percent (65%
PAYMENTS OVER 65 PERCENT
▪ Provided however, that should such sworn
statement turn out false, the ____ and the work
cover whereby shall not be liable for any claim or
lien arising from the failure to pay and other
causes, provided for in this clause the Contractor
does hereby bind itself society answerable for any
such lien should the same arise.
Owner
CORRECTION OF WORK BEFORE
FINAL PAYMENT
▪ The ______ shall promptly remove the
premises all work condemned by the Architect as
failing to conform to the Contract, whether
incorporated or not, and the Contractor shall
promptly replace and re-execute his own work in
accordance with the Contract and without
expense to the owner and shall bear the expenses
of making good all work of other contractors
destroyed or damaged by such removal or
replacement.
Contractor
CORRECTION OF WORK BEFORE
FINAL PAYMENT
▪ If the _____ 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 ay the expenses of such removal
within ten days time thereafter, the Owner may, upon
ten days written notice, soil 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.
Contractor`
OTHER REQUIREMENTS BEFORE
FINAL PAYMENT
▪ Certificate of ________ Occupancy unless
such certificate cannot be obtained through no
fault of the Contractor
▪ Certificate of Final Inspection of electrical,
telephone, sanitary, mechanical, gas, safety and
other utilities unless such certificate cannot be
obtained through fault no Contractor.
Final Building
OTHER REQUIREMENTS BEFORE
FINAL PAYMENT
▪ Original and ______ sets of prints of “As-Built
Drawings” if electrical, sanitary, 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.
three (3)
OTHER REQUIREMENTS BEFORE
FINAL PAYMENT
▪ ______ copies of Directory of Panel Boards and
list of circuits
▪ _______ copies of instructions and manual for
operating and maintaining of fixtures and
equipment.
▪ _____ copies of keying Schedule
Three (3)
Three (3)
Three (3)
OTHER REQUIREMENTS BEFORE
FINAL PAYMENT
▪ Guarantee bond equivalent to ___% of the Contract
Price covering a period of one year after the final
acceptance of the work which guarantees the
quality if the contract works and materials
installed. The Guaranteed bond shall be in the
form of securities as approved by the Owner, The
Guarantee Bond will be required only if the Owner,
upon acceptance of the building, releases to the
Contractor the Performance Bond and Payment
Bond.
30%
ACCEPTANCE AND FINAL
PAYMENT
▪ Whenever this Contract, in the opinion of the
______, shall be 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
accept the same.
Architect
ACCEPTANCE AND FINAL
PAYMENT
▪ a. The Owner shall then, excepting for causes herein specified, pay to the Contractor promptly, after the execution of said certificate, the remainder which shall be bound due, excepting there from such sum or sums as may be lawfully retained under any of the provision of this 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 TAZES DUE FROM HIM, AND ALL OBLIGATIONS FOR MATERIALS USED AND LABOR EMPLOYED IN CONNECTION WITH THIS CONTRACT HAVE BEEN DULY PAID; AND PROVIDED, FURTHER that nothing here in contained shall be construes to waive the right of the_____ hereby reserved to reject the whole or any portion of the aforesaid 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.
Architect
ACCEPTANCE AND FINAL
PAYMENT
▪ The making and acceptance of the final payment
shall constitute a waiver of all claims by the
_____
Contractor
CORRECTION OF WORK AFTER
FINAL PAYMENT
▪ Neither the final certificate nor payment nor any
provision in the Contract Documents shall relieve
the _____ of responsibility for faulty materials
or workmanship and, he shall remedy any defects
due thereto and pay for any damage to other work
resulting there from, which shall appear within a
period of one year from the date of acceptance of
work.
Contractor
CORRECTION OF WORK AFTER
FINAL PAYMENT
▪ Neither the foregoing nor any provision in the
contract documents, nor any special guarantee
limit, shall be held to limit the _____ liability
for defects and damages and the right of the
Owner under the provisions of the New Civil Code,
and all laws, regulations and ordinance applicable
to the plans and construction of the building.
Contractor’s
CORRECTION OF WORK AFTER
FINAL PAYMENT
▪ The ____ 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.
Owner
RELEASE OF RETENTION
▪ The amount retained by the Owner under the
provision of the contract shall be released within
____ months after the date of final payment.
three
SECTION VII
Contractor-separate Contractors-
Sub-contractors Relations
OWNERS RIGHT TO LET OTHER
CONTRACTS
▪ The ____ reserves the right to let other contracts
in connection with this work.
Owner
Contractor-separate contractors relations
STORAGE OF MATERIALS AND
WORK COORDINATION
▪ The _____ 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 minimize interferences or obstruction in the
progress of the work.
Contractor
CUTTING, PATCHING AND
DIGGING
▪ The ____ shall do all cutting, fitting or
patching of his work that may be required to make
its several parts come together property and fit it
to receive or be received by work of other
contractors shown upon, or reasonably implied by,
the Drawings and Specifications for the
completed structure, and he shall make good after
them as the Architect may direct.
Contractor
CUTTING, PATCHING AND
DIGGING
▪ Any cost caused by defective or ill-timed work
shall be borne by the party responsible therefore.
▪ The ____ shall not endanger any work by
cutting, digging or otherwise and shall not cut or
alter the work of any other contractor save with
the consent to the ____
Contractor
Architect.
DEFECTIVE WORK BY SEPARATE
CONTRACTORS
▪ If any part of the Contractor’s work depends for
proper execution or results upon the work of any
other contractor shall inspect and promptly report to
the ____ any defect in such work that renders it
unsuitable for such proper execution and result. His
failure to inspect and report shall constitute an
acceptance of the other contractors work as fit and
proper for the reception of his work, except as to
defect which may develop in the other contractor’s
work after the execution of his work.
Architect
DEFECTIVE WORK BY SEPARATE
CONTRACTORS
▪ To insure the proper execution of his subsequent
work the contractor shall verify work already in
place and shall at once report to the ____ any
discrepancy between the executed work and
drawings.
Architect
DAMAGE CAUSED BY CONTRACTOR
TO SEPARATE CONTRACTORS
▪ Should the _____ 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
there from.
Contractor
SUBCONTRACTS
▪ 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 subcontracted.
Subject to the provision of Article
25.02. Nothing contained in the Contract
Documents shall create any contractual relation
between any sub-contractor and the ____
Owner.
COMPETECY OF SUBCONTRACTOR
▪ At least _____ days prior to the date of
bidding, the Contractor shall seek the Architects
clarification as to the particular areas or parts of
the work for which the competence of the subcontractor
shall be subject to evaluation by the
_____. Immediately thereafter, the Contractor
shall submit to the Architect a list of his
prospective sub-contractors for approval.
fifteen (15)
Architect.
CONTRACTOR’S RESPONSIBILITY
▪ The ___ agrees that he is as fully responsible to
the Owner for the acts and omission of his subcontractors
and the persons either directly or indirectly
employed by them, as he is for the acts and omissions of
persons directly employed by him.
Contractor
SECTION VII
Suspension of Work and Termination of
Contract
CONTRACTOR’S RIGHT TO SUSPEND
WORK/TERMINATE CONTRACT
▪ The contractor may suspend work or terminate
contract upon _____ days’ written notice to the
owner and the Architect for any of the following
reasons:
▪ If an order of any court or other public authority caused the
work to be stopped or suspended for a period of _____ ) days through no act or fault of the contractor or his
employees.
▪ If the Architect should fall to act upon any Request for
payment within _____ after it is presented in
accordance with the general Conditions of the Contract.
fifteen (15)
ninety
(90
(15) days
CONTRACTOR’S RIGHT TO SUSPEND
WORK/TERMINATE CONTRACT
▪ If the owner should fall to act upon any request for
payment or certificate of payment within ____ days
after its certification by the Architect.
▪ If the Owner should fail to pay the contractor any sum
within ___ days after its award by arbitration.
(15)
(30)
CONTRACTOR’S RIGHT TO SUSPEND
WORK/TERMINATE CONTRACT
▪ If the ____ is compelled you 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.
Contractor
OWNER’S RIGHT TO TERMINATE
CONTRACT
▪ The Owner, upon the certificate of the Architect that
sufficient cause exists to justify his action, may
without prejudice to any other right or remedy and
after giving the Contractor and his surely if any,
______ days’ written notice, terminate the
contract with the Contractor and take possession of
the premises and of all materials, tools and
appliances thereon and finish work by whatever
method he may, deem expedient. Sufficient cause to
justify termination of the contract shall deem to exist
whenever the Contractor does any of the following:
fifteen (15)
▪ Declare bankruptcy become insolvent or assign his assets
for the benefit of his creditors.
▪ Disregard or violate provisions of the Contract Documents
or Architect’s Instructions, or fail to prosecute the work
according to the agreed schedule of Completion, Including
extensions thereof.
▪ Fail to provide a qualified superintendent, competent
workmen or sub-contractors, or proper materials.
▪ fail to make prompt payment to sub-contractors, workmen
or material dealers.
USE OF MATERIALS AND
EQUIPMENT AT SITE
▪ The Contractor, upon receiving notice of the
termination of contract, shall vacate possession
and deliver the said work, or the parts thereof
specified in said notice, 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 ____,
remain on the work until completed, at such rental
as may be considered reasonable.
Architect
USE OF MATERIALS AND
EQUIPMENT AT SITE
▪ In case such materials and/or equipment do not
belong to the contractor, then the ____ 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.
Architect
OWNER TO COMPLETE WORK
▪ The ____ 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.
Owner
EVALUATION OF COST OF WORK
▪ It is agreed and understood that, upon such
termination of this Contract, the _____ will
ascertain and fix the value of the work completed
by the Conductor 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.
Architect
EVALUATION OF COST OF WORK
▪ In the event that the total expenditures of the
____ on completion of the work, Including all
charges against the project prior to termination of
the contract and compensation for additional
architectural managerial and administrative
services, are not in excess of the Contract Price,
then the difference between the said total
expenditures of the Owner and the Contract price
may be applied to settle claims filed, and the
balance, If any, may be paid to the Contractor.
Owner
EVALUATION OF COST OF WORK
▪ No amount in excess of the combined value of the
unpaid completed work, retained percentage and
usable materials taken over by the ____ at the
time of the Termination of the Contract shall be
paid, nor shall any claim for prospective profits on
the work done after termination of the Contract be
considered or allowed.
Owner
EVALUATION OF COST OF WORK
▪ 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.
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 ____
and/or his sureties for the failure to complete the
work as stipulated.
Contractor
OWNER’S RIGHT TO RECOVER
LIQUIDATED DAMAGES
▪ In such case, the full extent of the damages for which
the Contractor and/or his sureties shall be liable shall
be:
▪ The total daily liquidated damages up to and including the
day immediately before the date the Owner effectively
takes over the work.
▪ The excess cost incurred by the ____ 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.
Owner
SECTION IX
Responsibilities and Liabilities of Contractor
and of Owner
Contractor’s responsibility for accidents and
damage
SAFEGUARDS TO BE UNDERTAKEN
BY CONTRACTOR
▪ The ____ shall take all necessary
precautions for the safety of employees and
workmen on the work, and the 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.
Contractor
SAFEGUARDS TO BE UNDERTAKEN
BY CONTRACTOR
▪ The ____ shall erect and properly maintain
at all times, as required by the conditions and
progress of the work, such barriers, shoring,
supports, braces lights, danger signs and
necessary safeguards, as will protect workmen
and the public and as well effectually prevent any
accident and damage to properly in consequence
of his work.
Contractor
CONTRACTOR’S RESPONSIBILITY
▪ The ____ shall not be responsible for the death
of disease contracted, or injury received by the
Contractor or any employee or laborers of the
Contractor; for the contractor’s plant or materials,
for any damage done by or to them from any
source or cause; and damages caused by the
Contractor or his employees to any property of the
Owner and adjoining property. All damages shall
be the responsibility of the ____
owner
Contractor
INDEMNITY
▪ The ____ shall indemnify and save harmless
the Owner from and against all losses and all
claims, demands, payments, suits, actions,
recoveries, and judgment of every nature and
description brought or recovered against him, by
reason of any act or omission of said Contractor,
his agents or employees, in the execution of the
work or the guarding of it.
Contractor
_____ is a contractual obligation of one party to compensate the loss occurred to the other party due to the act of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to “hold harmless” or “save harmless”.
Indemnity
INDEMNITY
▪ Claims for payment and repairs for damages shall
be settled by the _____ at his own expense
and to the satisfaction of the Architect and the
parties concerned. In the event of failure of the
Contractor to repair at once such damages, 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.
Contractor
Contractor’s insurance and bonds
CONTRACTOR’S LIABILITY
INSURANCE
▪ The Contractor shall secure and maintain such
Insurance from an Insurance company acceptable
to the _____ as will protect himself, his subcontractors,
and the Owner from claims for bodily
Injury, death or properly damage which may arise
from operations under his Contract.
Owner
CONTRACTOR’S LIABILITY
INSURANCE
▪ The Contractor shall not commence work under
his Contract 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 policy with the Owner. Such insurance
policy shall contain a clause providing that it shall
not be cancelled by the insurance company
without ____ days’ written notice to the Owner
of intention to cancel. The amounts of such shall
be as agreed-upon.
ten (10)
CONTRACTOR’S FIRE INSURANCE
▪ In addition to such fire insurance as the
Contractor elects to carry for his work protection,
he shall secure and maintain in the name of the
____ 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.
Owner
CONTRACTOR’S PERFORMANCE
AND PAYMENT BONDS
▪ The Contractor, prior to signing the Contract, shall
furnish a Performance Bond equal to ___% of the
Contract amount for the faithful performance of
his work and ___% Payment Bond covering
payments and obligations arising from his
Contract. Such bonds shall be in the forms of
sureties as approved by the Owner. Such bonds
shall remain in effect untill replaced by the
Contractor’s Guarantee Bond.
15%
15%
CONTRACTOR’S GUARANTEE
BOND
▪ The performance and Payment Bonds will be
released by the Owner after the expiration of____ months from the final acceptance of the work
and only after the Contractor has furnished the
Owner, a Guarantee Bond In the amount of 30% of
the total Contract cost. The Guarantee Bond shall
be for a period of _____ year commencing from
the date of acceptance as a guarantee that all
materials and workmanship installed under
Contract are of good quality.
two
one (1)
(2)
CONTRACTOR’S GUARANTYWARRANTY
▪ The _____ shall, in case of work performed
by his sub-contractors and where guarantees are
required, secure warranties from said subcontractors
and deliver copies of same to the
Owner upon completion of work.
▪ The ____ shall and thereby warrants all
work performed by him directly and for which
guarantee are required.
Contractor
Contractor
CONTRACTOR’S GUARANTYWARRANTY
▪ The Contractor shall and thereby warrants and/or
guarantees 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
____, all materials and workmanship Installed
under Contract to be of good quality in every
respect and to remain so for periods described
herein.
Architect
CONTRACTOR’S GUARANTYWARRANTY
▪ 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 without cost to the
Owner and at entire cost and expense of the
Contractor within _____ days after written notice
to the Contractor by the Owner.
five (5)
CONTRACTOR’S GUARANTYWARRANTY
▪ In case the Contractor fails to do the work, so
ordered, the ____ may have the work done and
change the cost thereof against monies retained
as provided for in the Agreement and, if said
retained monies shall be insufficient to pay such
cost, or it no money is available, the Contractor
and his sureties agree to pay to the Owner the
cost of such work.
owner
CONTRACTOR’S GUARANTYWARRANTY
▪ The entire foregoing are without prejudice to the
right of the Owner under the _____, and
other laws now or hereafter that may be
applicable.
new Civil Code
Owner’s responsibilities and liabilities
PROTECTION OF EMPLOYEES AND
PROFESSIONALS PERFORMING
SERVICES FOR THE OWNER
▪ The ____ shall be responsible for and shall
maintain such insurance as will protect him for
personal injury including disease and death of
persons under his employ or services, temporary
or permanent in status, that are assigned for the
project.
Owner
PROTECTION OF EMPLOYEES AND
PROFESSIONALS PERFORMING
SERVICES FOR THE OWNER
▪ The ____ shall be responsible for and shall
maintain such insurance as will protect him for
personal injury including disease and death of
persons under his employ or services, temporary
or permanent in status, that are assigned for the
project.
Owner
PROTECTION OF EMPLOYEES AND
PROFESSIONALS PERFORMING
SERVICES FOR THE OWNER
▪ Prior to the start of the construction, the ____ and ____ shall give a list of personnel
assigned to the project who need to be covered by
insurance and with the corresponding amount of
coverage.
Owner
and the Architect
OWNER’S OPTIONAL INSURANCE
▪ The ____ at his option may maintain such
Insurance as will protect him from his contingent
liability for damages, 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.
Owner
LIENS
▪ Neither the final payment nor any part of the
retained percentage shall become due until the
Contractor, if required, shall deliver to the ____a
complete release of all liens arising out of this
Contract, or receipts in full in lieu thereof
▪ if required in either case of affidavit that so far as
he has knowledge or information the release and
receipts include all the labor and materials for
which a lien could be filed
Owner
____ is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.
lien
The owner of the property, who grants the lien, is referred to as the lienee and the person who has the benefit of the lien is referred to as the lienor or lien holder.
LIENS
▪ but the Contractor may, if any sub-contractor
refuses to furnish a release or receipt in full,
furnish a bond satisfactory to the ____, to
indemnity him against any lien. If any lien remain
unsatisfied after all payments are made, the
____ shall refund to the Owner all monies
that the latter may be compelled to pay in
discharging such lien, including all cost and a
reasonable attorney’s fee.
Owner
Contractor
ASSIGNMENT
▪ 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 ____ without the prior
written consent of the Owner and such consent
shall not relieve the Contractor from full
responsibility and liability for the work hereunder
and for the due performance of all the terms and
conditions of the Contract.
Contractor
ASSIGNMENT
▪ The Owner’s consent to any subletting of work
hereunder shall not be granted in any event until
the Contractor has furnished the ____ 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
the contractor.
Owner
ASSIGNMENT
▪ If the Contract is assigned or any part thereof is
sublet, the Contractor shall exonerate, indemnify
and save harmless the _____ from and against
any and all loss or expense caused thereby.
Owner
ASSIGNMENT
▪ In case of any such transfer without the previous
written consent of the Owner, the ____ may
refuse to carry out the Contract either with the
transferor or transferee; but all rights of action
breach of this Contract by the Contractor shall be
reserved to and remain within said Owner.
Owner
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 to the first observance of
such damage and not later than the _____,
except as expressly stipulated otherwise in the
case of faulty or materials, and shall be adjusted
by agreement or arbitration.
final payment
DISPUTES
▪ The ______ shall, within a reasonable time,
make a decision 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.
Architect
DISPUTES
▪ Except as otherwise specifically provided in the
Contract, all disputes concerning questions of fact
arising under the Contract shall be decided by the
_____, whose decision shall be final and
conclusive upon the parties thereto as to
questions of fact.
▪ The _____ decisions shall be final, if within
the terms of the Contract
Architect
Architect’s
DISPUTES
▪ If however, the Architect fails to render a decision
within f____ days after the parties have
presented their evidence, either party may then
demand arbitration. 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
acceptable to the parties concerned.
ifteen
ARBITRATION
▪ All disputes, claims or questions subject to
arbitration under this contract shall be settled in
accordance with the provisions of this article.
ARBITRATION
▪ Notice of the demand for arbitration of a dispute
shall be filled in writing with me other party to the
contract, and a copy filed with the _____. The
demand for arbitration shall be made within a
reasonable time after the dispute arisen; In no
case however, shall the demand be made later
than the time of the final payment except as
otherwise expressly stipulated in the contract.
Architect
ARBITRATION
▪ When formal arbitration is requested, a Board of
arbitration shall be formed in the following
manner. The ____ and _____shall each
appoint one member of his board and these
members shall appoint a third member who shall
act as chairman. No one with a financial interest
in the subject under arbitration will be permitted to
serve on this board.
Owner and the Contractor
ARBITRATION
▪ This ____ may engage experts to act in an
advisory capacity. Minutes shall be kept off all
meetings and signed by all members of the board.
Decisions of the board shall require only a simple
majority and all interested parties shall be
informed thereof. Expenses of the Board shall be
paid in accordance with the agreement set forth
______
Board
before the proceedings of the board.
ARBITRATION
▪ 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 arbitration
proceedings, except by agreement within the
_____.
Owner
SECTION X
Authority of Architect, Engineers And Project
Representatives
ARCHITECT STATUS
▪ The _____ shall be the Owner’s representative
during the construction period and he shall
observe the work in the process on behalf of the
Owner. He shall have authority to act on behalf of
the Owner only to the extent expressly provided in
the Contract Documents or otherwise in writing,
which shall be shown to the Contractor
Architect
ARCHITECT STATUS
▪ He shall have authority to stop the work whenever
such stoppage may be necessary in his reasonable
opinion to insure the proper execution of the
Contract. The _____ failure of not ordering the
stopping of the work, does not relieve the Contractor
from the responsibility of complying with the
Contract Documents and the sole responsibility of
protecting persons, on, about, or adjacent to the
premises where work is being performed against
injury and death, and of protecting the Owner’s
property and adjoining properly against damage.
Architect’s
ARCHITECT STATUS
▪ The ____ shall decide any and all questions
which may arise as to the quality and acceptability
of materials furnished and work performed and as
to the manner of performance and rate of
progress of work, and shall decide all questions
which 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 .
Architect
ARCHITECT STATUS
▪ 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 and under the _____ to enforce
its faithful performance by both.
Contract
ARCHITECT STATUS
▪ In case of the termination of the employment of
the Architect, the ______ shall appoint a capable
and reputable Architect against whom the
Contract makes no reasonable objection, whose
status under the Contract shall be that of the
former Architect; any dispute in connection with
such appointment shall be subject to arbitration.
Owner
AUTHORITY AND RESPONSIBILITIES
OF THE ENGINEERS
▪ The _____ shall be solely responsible for their
respective designs, computations and other
professional services they rendered in connection
with the preparation of Drawings and
Specifications. They shall assist the Architects in
the general supervision and direction of the
particular portion of the work where their
professional services are concerned.
Engineers
AUTHORITY AND RESPONSIBILITIES
OF THE ENGINEERS
▪ The Engineers shall inspect the work for
conformance with the approved Drawings and
Specifications and shall report to the ____ 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.
Architect
AUTHORITY AND RESPONSIBILITIES
OF THE ENGINEERS
▪ The Engineers shall perform any professional
service necessary for the accomplishment of the
work subject to the terms and conditions of the
Inter-professional agreement between the
____ and _____ or any existing
contract affecting or relative to the project
Architect and the Engineers
Authority and duties
of the project
representaives
EMPLOYED BY THE OWNER
▪ Technically qualified men referred to as ______by the Architect and employed by
the Owner may be stationed on the Project to
assist the Architect and the Engineers in the
general supervision and direction of the Work.
Project
Representatives, resident Architects, Resident
Engineers or Construction Inspectors
recommended
DUTIES
▪ The duties of the Project Representatives,
Resident Architects, Resident Engineers and
Construction Inspectors are stipulated in the
_______
Special Provision of the Contract.
DISPUTES
▪ : In case of any dispute arising between the
Project Representative, Resident Architect,
Resident Engineer, or Construction Inspector, and
the Contractor, they shall have authority to r_________ until the question
at issue can be referred to and decide by the
Architect.
eject
materials or suspend the work
DISPUTES
▪ Nothing in the provisions of this article will relieve
the _____ from the responsibility of
performing the work in accordance with the
Drawings, Specifications and other Contract
Documents.
Contractor
SECTION XI
Schedule of Time Limits
Contract time
CONTRACT TIME RECKONING
▪ To commence on the ____ day from receipt of
notice to Proceed
7th
REQUEST FOR TIME EXTENSION
▪ To be filed within _____ days from occurrence of
delay (item a. par.1)
15
BEGINNING, SUSPENDING OR
RESUMING OF WORK
▪ Written notice to be given to Architect at least ____
days prior to beginning, suspending (except in
case of accident), or resuming the work. (item f).
10
REQUEST FOR SUPPLY OF OWNERFURNISHED
MATERIALS
▪ Written request to be made ____ days before they
are actually needed (item a. Par.2).
10
REQUEST FOR DRAWINGS
▪ No claim for delay shall be allowed on account of
failure to furnish drawings until ____ weeks after
demand for such drawings (item d.)
two
Contract sum
CONTRACT SUM BREAKDOWN
▪ To be submitted within ___ days from the receipt
of Notice to Proceed
15
CLAIM FOR EXTRA COST
▪ Notice to be given to Architect within ____ days
▪ after receipt of instruction involving extra cost, or
▪ after recognition of delay due to Owner’s fault
15
Progress payments
ARCHITECT’S ACTION ON
PAYMENT REQUEST
▪ To be made within ____ days after receipt of request
for payment.
15
OWNER’S ACTION ON PAYMENT
REQUEST
▪ To act within ____ days from date of Architect’s
approval of the payment request.
15
RELEASE OF RETENTION
▪ To be released within ___ months after date of final
payment.
3
Correction of work
CORRECTION BEFORE FINAL
PAYMENT
▪ Contractor to promptly remove from premises all
work condemned by ____ as failing to
confirm to the Contract, whether incorporated or
not, and promptly replace and re-execute his own
work in accordance with the contract without
expense to the Owner.
Architect
CORRECTION BEFORE FINAL
PAYMENT
▪ If Contractor fails to remove condemned work
within a reasonable time from notice, ____ may
remove and store the same at Contractor’s
expense.
▪ Contractor must pay expenses within 10 days
from removal by the owner; In default thereof,
Owner may sell the materials after 10 days, from
written notice of intent to sell.
Owner
CORRECTION AFTER FINAL
PAYMENT
▪ Contractor should remedy any defects due to
faulty materials or workmanship, which may
appear within a period of __ year from date of
acceptance of work by Owner (item a).
▪ Repairs and corrective work at the expense and
cost of Contractor should be done within ___ days
after written notice by owner (item d).
one
5
Sub-contractors
claim for extra cost
SUB-CONTRACTORS CLAIM FOR
EXTRA COST
▪ Sub-contractor may make all claims for extras, for
extension of time and for damages, for delays of
otherwise to the ____ in the manner
provided in the General Conditions of the Contract
for the claims by the Contractor upon the Owner
except that the time for making claims for extra
cost is one week (item c).
Contractor
Contractor’s right to suspend work or terminate contract
CONTRACTOR’S RIGHT TO SUSPEND
WORK OR TERMINATE CONTRACT
▪ Contractor may suspend work or terminate
Contract upon ___ days written notice to Owner
and Architect, for any of the following reasons:
▪ If any court or other public authority orders work to be
stopped or suspended for ___ days through no fault of
the Contractor or his employees;
▪ If Architect fails to act upon request for payment
within ____ days after presentation;
15
90
15
CONTRACTOR’S RIGHT TO SUSPEND
WORK OR TERMINATE CONTRACT
▪ If Owner fails to act upon request for payment within
___ days after Architect’s certification;
▪ If Owners fails to pay Contractor the agreed sum
within ___ days after its award by arbitrators.
15
30
OWNER’S RIGHT TO TERMINATE
CONTRACT
▪ May be done after giving ___ days written notice to the
Contractor or his Surety if Contractor should:
15
▪ Declare bankruptcy, become insolvent or assign his assets
for the benefit of his creditors
▪ Disregard or violate provisions of the Contract Documents
or Architect’s Instructions.
▪ Fail to provide superintendent, workmen or subcontractors
or proper materials.
▪ fail to make prompt payment to sub-contractors, workmen
or material dealers.
DISPUTES
▪ If the Architect fails to render a decision within ___
days after parties have presented their evidence,
either party may demand arbitration (item d).
15
Bonds and
isnsurances
CONTRACTOR’S LIABILITY
INSURANCE
▪ Insurance policy shall not cancelled by insurance
company without ___ days written notice to Owner
of Intention to cancel.
10
CONTRACTOR’S PERFORMANCE
AND PAYMENT BOND
▪ Such bonds shall remain in effect until replaced by
the _________
Contractor’s Guarantee Bond
CONTRACTOR’S GUARANTEE
BOND
▪ To be furnished the ___ after expiration of
Performance and Payment Bonds and shall be
effective for a period of one year commencing
from the date of acceptance as a guarantee that
all materials and workmanship installed are of
good quality.
Owner
