Owner-Architect Agreement
UAP Document 402
PROJECT :
LOCATION :
OWNER :
ARCHITECT :
CONTRACTOR :
THIS AGREEMENT, made and entered into this _____ day of Month, Two Thousand
and Twenty by and between Mr. ________________ of legal age, Filipino and with
postal address __________________, the party of the First Part, hereinafter called the
OWNER and between ___________________, the party of the Second Part, hereinafter
called the CONTRACTOR.
WITNESSETH,
That the OWNER and CONTRACTOR, for and in consideration of the covenants,
agreement and stipulation set forth, do hereby agree as follows:
ARTICLE 1. SCOPE OF WORK
1.01 The constructor, in consideration of the payment to be made by the
Owner to the Constructor of the sum of money hereinafter named, agrees
to furnish all labor, materials, equipment, plants, tools and other facilities
and the satisfactory and faithful performance of all the work necessary to
commence and complete the project ready to use (except the works to be
done by other parties hereto) as shown on the Drawings and described in
the Specifications, instruction and other related documents as prepared
by acting as and in these contract documents entitled the Architect.
ARTICLE 2. TIME OF COMPLETION AND LIQUIDATED DAMAGES
2.01 The work stipulated in this Contract shall be completed “broom”
clean and ready for use not later than____________________.
2.02 As time is an essential element in this contract, the Constructor agrees to
pay the owner the amount of for each and every calendar day of delay
(Sunday and holidays included) in which the constructors fails to complete
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Owner-Architect Agreement
UAP Document 402
the work beyond the said payment to be considered as liquidated
damages.
ARTICLE 3. THE CONTRACT AMOUNT
3.01 The owner agrees that for and in consideration of the faithful performance
by the Constructor of this contract, he shall pay to the Constructor, in a
manner provided hereinafter, the amount of (amount in words)
(PX,000,000).
3.02 It is expressly agreed by both parties that no change shall be made in the
abovementioned contract amount as a result of any fluctuation in the cost
of materials and/or labor, except those conditions as enumerated in art.
3.03.
3.03 Should the Owner require the constructor to perform work over and above
that required by this agreement and additional cost shall be added to the
contract amount and, likewise, should be ordered to omit work as required
by this agreement, the cost of work omitted shall be deducted from the
contract amount. In either case, the cost of additions or reductions shall
previously be mutually agreed on in writing by both Owner and
Constructor upon recommendation of the Architect before execution.
3.04 Any payment due and payable to the constructor may be offset against
any liquidated damage payable to the owner under this contract.
ARTICLE 4. PAYMENTS
4.01 Payments on account of this contract shall be made by the owner at the
end of every month equivalent to ninety percent of the value of estimated
work as computed by the architect using a basis of “breakdown of work
and corresponding value” mutually agreed upon between the architect
and the constructor prior the start of construction.
4.02 Should the Owner fail to pay within 30 days the sum of any certificate of
the architect then due, the constructor shall receive in addition to the sum
in the certificate, interest thereon, at the legal rate in force.
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Owner-Architect Agreement
UAP Document 402
4.03 Final and full payment of the consideration herein above mentioned shall
be made by the Owner to the Constructor upon filing the conditions set
forth in the general conditions.
ARTICLE. 5. THE CONTRACT DOCUMENTS
The following documents prepared by the Architects shall constitute and integral
part of this contract as fully as if hereto attached or herein stated, except as
otherwise modified by mutual agreement of parties:
a. Architectural Drawings -------------------------------------------No. of sheets
b. Structural Drawings -------------------------------------------No. of sheets
c. Electrical Drawing -------------------------------------------No. of sheets
d. Plumbing (sanitary) Drawings-----------------------------------------No. of sheets
e. Mechanical Drawings -------------------------------------------No. of sheets
f. General Conditions -------------------------------------------No. of sheets
g. General Specifications -------------------------------------------No. of sheets
h. Structural Specification -------------------------------------------No. of
sheets i. Electrical Specification -------------------------------------------No. of
sheets
j. Plumbing (sanitary) Specifications ----------------------------------No. of sheets
k. Mechanical Specifications -------------------------------------------No. of
sheets l. General Scope of Work -------------------------------------------No. of
sheets
m. Schedule of Materials & Finishes ----------------------------------No. of sheets
n. Supplementary & related Documents--------------------------------No. of sheets
ARTICLE 6. PERFORMANCE AND PAYMENT BONDS
6.01 The Constructor, within 15 days from signing of this Contract shall furnish
the Owner Performance and Payment Bonds in the form of a surety bond
acceptable to the Owner in the amount equal to thirty percent(30%) of the
full contract price, conditioned for the faithful performance of the Contract
and the satisfaction of obligations for materials used and labor employed
on the work. These bonds shall be effective within a period of one (10-year
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UAP Document 402
after the acceptance of the work by the Owner.
ARTICLE 7. TAXES, LICENSES, PERMITS AND FEES
7.01 All taxes, licenses, permits and fees which may be due to the local and/or
national government on account of performance and completion of the
work stipulated herein.
The Parties in dispute under this Agreement hereby agree to the full performance of the
covenants contained herein.
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Owner-Architect Agreement
UAP Document 402
IN WITNESS WHEREOF, the parties to this Agreement have on the day and year first
above given, hereunto set their hands at the bottom of this page and on the left-hand
margin of all the other pages of this Agreement.
By:
MR. PARK JIMIN AR. JOELENE DR. LOPEZ
OWNER CONTRACTOR
SIGNED IN THE PRESENCE OF:
__________________________ ________________________
ACKNOWLEDGEMENT
Republic of the Philippines)
City/Municipality of _______________ ) S.S.
Before me, a Notary Public in ______________________________ personally appeared
Mr. ____________________, with Residence Certificate No. _____________ issued on
_______________at ______________ and Contractor __________________________
with Residence Certificate No. ________________ issued on ___________________ at
__________________, both known to me and to me known to be the same persons who
execute the foregoing instrument and acknowledged to me that the same is their free act
and deed.
In witness whereof, I have hereunto set my hand and affixed my Notarial Seal this
______ day ______________ in the City of ___________, Philippines.
________________________
NOTARY PUBLIC
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