The General Contractor Agreement is a crucial document used in the Philippine construction industry when engaging a primary contractor for construction projects. This agreement is essential for projects ranging from commercial buildings to infrastructure developments, establishing the legal and operational framework for the construction relationship. It must comply with Philippine laws including the Civil Code, the Contractors' License Law (RA 4566), and regulations from the Construction Industry Authority of the Philippines (CIAP). The document typically includes detailed specifications about the project scope, timeline, payment terms, quality standards, and compliance requirements. It's particularly important as it defines the responsibilities and liabilities of both the owner and the contractor, while ensuring adherence to local building codes, safety standards, and environmental regulations. The agreement serves as the primary reference document throughout the construction process and provides mechanisms for handling changes, disputes, and project completion.
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1. Parties: Identification of the Owner and the General Contractor, including complete legal names, addresses, and registration details
2. Background: Context of the agreement, including brief project overview and contractor's representations of capability
3. Definitions: Defined terms used throughout the agreement, including technical construction terms and contract-specific definitions
4. Scope of Work: Detailed description of the construction work to be performed, including general obligations and deliverables
5. Contract Price and Payment Terms: Total contract value, payment schedule, terms of payment, and procedures for progress payments
6. Project Timeline: Construction schedule, completion dates, milestones, and provisions for extensions of time
7. Contractor's Obligations: Specific responsibilities including labor, materials, equipment, permits, and compliance with laws
8. Owner's Obligations: Responsibilities of the owner including site access, approvals, and owner-supplied materials if any
9. Quality Standards and Inspection: Quality requirements, inspection procedures, and acceptance criteria
10. Safety and Environmental Requirements: Safety protocols, environmental compliance, and waste management obligations
11. Insurance and Bonds: Required insurance coverage, performance bonds, and warranty bonds
12. Warranties and Defects Liability: Warranty terms, defects liability period, and remediation procedures
13. Variations and Changes: Procedures for handling change orders and variations to the scope of work
14. Subcontracting: Terms and conditions for engaging subcontractors and the contractor's liability for subcontracted work
15. Force Majeure: Provisions for handling unforeseen circumstances and their impact on the contract
16. Termination: Grounds and procedures for contract termination by either party
17. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
18. Governing Law: Specification of Philippine law as governing law and jurisdiction
19. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Retention Money: Terms for withholding and releasing retention money, used when project value exceeds certain thresholds
2. Liquidated Damages: Provisions for damages due to delays or non-performance, included when specific completion dates are critical
3. Site Conditions: Provisions dealing with unforeseen site conditions, included for projects with significant groundwork
4. Materials Storage and Security: Requirements for materials storage and security arrangements, included for projects with significant material costs
5. Intellectual Property Rights: Provisions regarding design rights and other IP, included when custom designs or innovative methods are involved
6. Foreign Currency Provisions: Terms for handling foreign currency payments, included when international suppliers or contractors are involved
7. Environmental Impact Management: Detailed environmental management requirements, included for environmentally sensitive projects
8. Community Relations: Provisions for managing community impact and relations, included for projects in densely populated areas
9. Government Approvals: Specific provisions regarding government permits and approvals, included for projects requiring special permits
1. Schedule A - Scope of Work: Detailed technical specifications and drawings of the work to be performed
2. Schedule B - Bill of Quantities: Itemized list of quantities, unit prices, and total costs
3. Schedule C - Project Timeline: Detailed construction schedule with milestones and critical path activities
4. Schedule D - Payment Schedule: Detailed breakdown of payment terms, including progress payment milestones
5. Schedule E - Key Personnel: List of key personnel from both parties with roles and responsibilities
6. Schedule F - Required Insurance: Detailed insurance requirements including coverage amounts and types
7. Schedule G - Safety Requirements: Detailed safety procedures and requirements
8. Schedule H - Quality Control Plan: Detailed quality control procedures and standards
9. Appendix 1 - Technical Drawings: Complete set of technical drawings and specifications
10. Appendix 2 - Permits and Licenses: Copies of all required permits, licenses, and certifications
11. Appendix 3 - Form of Performance Bond: Template for the required performance bond
12. Appendix 4 - Form of Progress Report: Template for monthly progress reports
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Manufacturing
Hospitality
Healthcare
Education
Retail
Residential Development
Mining
Energy
Transportation
Telecommunications
Government and Public Works
Relevant Teams
Legal
Operations
Procurement
Finance
Project Management
Construction Management
Risk Management
Quality Assurance
Health and Safety
Commercial
Technical Services
Property Management
Compliance
Contract Administration
Relevant Roles
CEO
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Procurement Manager
Chief Financial Officer
Operations Director
Risk Manager
Site Supervisor
Quality Control Manager
Safety Officer
Project Engineer
Commercial Director
Development Manager
Compliance Officer
Technical Director
Cost Controller
Property Manager
Facilities Manager
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