The Agreement With Builder For (Construction) is a fundamental legal document used in the Philippine construction industry to establish and regulate the relationship between property owners and builders/contractors. This agreement is essential for any construction project in the Philippines, whether residential, commercial, or industrial. It must comply with various Philippine laws including the Civil Code, National Building Code, and Contractor's License Law. The document typically includes detailed specifications of the construction work, payment terms, project timeline, quality standards, and compliance requirements. It also addresses specific local considerations such as weather conditions, local building practices, and municipal permits. This agreement is particularly important in the Philippine context where construction projects must account for specific environmental factors, local building regulations, and industry practices unique to the region.
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1. Parties: Identifies and provides full details of the Owner/Employer and the Builder/Contractor
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Specifies the total contract price, payment schedule, and payment conditions
6. Project Timeline: Sets out construction schedule, milestones, and completion dates
7. Builder's Obligations: Lists all responsibilities and obligations of the builder
8. Owner's Obligations: Lists all responsibilities and obligations of the owner
9. Materials and Workmanship: Specifies quality standards for materials and work execution
10. Variations and Changes: Procedures for handling changes to scope, specifications, or timeline
11. Inspections and Approvals: Process for work inspection and approval stages
12. Warranties and Defects Liability: Warranty terms and process for addressing defects
13. Insurance and Securities: Required insurance coverage and performance securities
14. Permits and Compliance: Responsibility for obtaining permits and ensuring regulatory compliance
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for handling disputes between parties
17. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Site Safety and Security: Detailed safety protocols and security measures - include for large or high-risk projects
2. Environmental Protection: Environmental management requirements - include when project has significant environmental impact
3. Subcontractors: Rules and procedures for engaging subcontractors - include when subcontracting is anticipated
4. Force Majeure: Provisions for handling unforeseen events - important in areas prone to natural disasters
5. Intellectual Property: Protection of designs and innovations - include for projects with unique architectural features
6. Liquidated Damages: Predetermined damages for delays or breaches - include for time-sensitive projects
7. Retention Money: Terms for withholding and releasing retention - include for larger projects
8. Quality Assurance Program: Detailed quality control procedures - include for complex or high-value projects
9. Site Access and Facilities: Rules for site access and temporary facilities - include for projects in complex locations
1. Schedule A - Construction Drawings and Specifications: Detailed technical drawings and specifications for the construction
2. Schedule B - Bill of Quantities: Itemized list of materials, quantities, and costs
3. Schedule C - Construction Schedule: Detailed timeline with milestones and critical path
4. Schedule D - Payment Schedule: Detailed breakdown of payment terms and milestones
5. Schedule E - List of Approved Materials: Specifications of approved construction materials and suppliers
6. Schedule F - Permits and Certificates: Copies of required permits, licenses, and certificates
7. Schedule G - Insurance Requirements: Detailed insurance specifications and certificates
8. Schedule H - Quality Control Plan: Detailed quality assurance and control procedures
9. Appendix 1 - Site Plan: Detailed plan showing site boundaries and layout
10. Appendix 2 - Safety Procedures: Comprehensive safety protocols and emergency procedures
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Infrastructure
Commercial Development
Residential Development
Industrial Development
Healthcare
Education
Hospitality
Retail
Manufacturing
Government and Public Works
Relevant Teams
Legal
Operations
Construction
Project Management
Procurement
Finance
Risk Management
Compliance
Property Development
Quality Assurance
Facilities Management
Relevant Roles
Construction Manager
Project Director
Legal Counsel
Contract Administrator
Chief Executive Officer
Property Developer
Facilities Manager
Procurement Manager
Risk Manager
Operations Director
Chief Financial Officer
Development Manager
Site Supervisor
Quality Control Manager
Compliance Officer
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