The Short Form Contract Between Owner And Contractor is specifically designed for use in the Philippine construction industry where a simplified yet legally robust agreement is needed. It is particularly suitable for residential and small commercial construction projects where the scope and complexity don't warrant a full standard form contract. The document incorporates key requirements from Philippine construction law, including the National Building Code and Contractors' License Law, while maintaining a straightforward structure. It's commonly used for projects such as home construction, renovations, and small commercial builds, typically ranging from small to medium-sized projects. The contract includes essential provisions for project execution, payment terms, and dispute resolution, while being accessible to non-legal professionals involved in construction projects.
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1. Parties: Identification of the Owner and Contractor with complete legal names and addresses
2. Background: Brief context of the construction project and the parties' intention to enter into this agreement
3. Definitions: Key terms used throughout the contract including 'Work', 'Contract Price', 'Project', 'Site', and 'Completion Date'
4. Scope of Work: Clear description of the construction work to be performed by the Contractor
5. Contract Price and Payment: Total contract price, payment schedule, and terms of payment
6. Time for Completion: Project start date, completion date, and any milestone dates
7. Contractor's Obligations: Key responsibilities including workmanship, materials, safety, and compliance with laws
8. Owner's Obligations: Key responsibilities including site access, permits, and timely payments
9. Variations: Process for handling changes to the scope of work
10. Defects Liability: Contractor's responsibility for defects and the defects liability period
11. Termination: Grounds and process for contract termination by either party
12. Governing Law: Specification of Philippine law as governing law and jurisdiction
13. Signing Page: Execution page for both parties' signatures
1. Insurance: Required when specific insurance coverage needs to be detailed beyond standard requirements
2. Performance Security: Include when a performance bond or security is required for the project
3. Dispute Resolution: Detailed dispute resolution procedures, recommended for higher-value contracts
4. Force Majeure: Specific provisions for force majeure events, recommended for longer-duration projects
5. Warranties: Additional warranties beyond standard defects liability, used for specialized work
6. Subcontracting: Include when subcontracting needs to be specifically regulated or permitted
7. Health and Safety: Detailed safety requirements for high-risk or complex construction projects
8. Environmental Compliance: Include for projects with significant environmental impacts
1. Schedule 1 - Scope of Works: Detailed description of construction works including specifications and requirements
2. Schedule 2 - Contract Price Breakdown: Itemized breakdown of the contract price and payment milestones
3. Schedule 3 - Construction Schedule: Detailed timeline of construction activities and milestones
4. Schedule 4 - Technical Specifications: Detailed technical requirements and standards for materials and workmanship
5. Schedule 5 - Site Plans and Drawings: Approved construction drawings and site plans
6. Schedule 6 - Permits and Approvals: List of required permits and party responsible for obtaining each
Relevant legal definitions
Clauses
Relevant Industries
Residential Construction
Commercial Construction
Light Industrial Construction
Real Estate Development
Property Development
Building Renovation
Infrastructure Development
Retail Construction
Office Construction
Hospitality Construction
Relevant Teams
Legal
Construction
Project Management
Procurement
Operations
Facilities Management
Real Estate
Property Development
Contract Administration
Risk Management
Relevant Roles
Construction Manager
Project Manager
Property Developer
Building Owner
Contractor
Site Supervisor
Construction Director
Facilities Manager
Real Estate Developer
Contract Administrator
Project Coordinator
Construction Lawyer
Quantity Surveyor
Procurement Manager
Development Manager
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