The Stipulated Price Contract is a fundamental document in Philippine construction law, designed for projects where the scope of work can be clearly defined and priced upfront. It is particularly suited for construction projects where cost certainty is a priority for both the owner and contractor. This contract type, governed by Philippine law including the Civil Code and Contractors' License Law, provides a comprehensive framework for managing construction projects with a predetermined fixed price. It is commonly used in both private and public sector projects, from commercial buildings to infrastructure developments. The document includes detailed provisions for scope of work, payment terms, quality standards, and risk allocation, along with mechanisms for handling variations and disputes. It's structured to comply with local building codes, labor laws, and procurement regulations while providing clear guidelines for project execution and completion.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the project
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the work to be performed, including specifications and standards
5. Contract Price: Fixed price amount, payment schedule, and terms of payment
6. Time for Completion: Project timeline, key milestones, and completion date
7. Contractor Obligations: Detailed responsibilities of the contractor including quality standards, safety requirements, and compliance obligations
8. Owner Obligations: Responsibilities of the owner including site access, permits, and approvals
9. Variations: Process for handling changes to scope, including pricing and approval procedures
10. Quality and Inspection: Quality control requirements and inspection procedures
11. Warranties and Defects: Warranty terms and defect rectification procedures
12. Insurance and Indemnity: Required insurance coverage and indemnification provisions
13. Default and Termination: Events of default, remedies, and termination procedures
14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
15. General Provisions: Standard contract clauses including notices, governing law, and entire agreement
1. Site Conditions: Specific provisions relating to site conditions and geological risks, used when site conditions are uncertain or challenging
2. Environmental Requirements: Environmental compliance and protection measures, included for projects with significant environmental impact
3. Force Majeure: Provisions for unforeseen events and natural disasters, particularly important in areas prone to natural disasters
4. Intellectual Property Rights: Protection of designs and technical information, included when project involves unique designs or technologies
5. Security: Performance bonds and other security requirements, used for high-value projects
6. Subcontracting: Rules and restrictions on subcontracting, included when subcontracting is anticipated
7. Local Content Requirements: Provisions for local labor and materials usage, included when required by law or project specifications
1. Schedule A - Scope of Work: Detailed technical specifications and drawings
2. Schedule B - Bill of Quantities: Itemized list of quantities and unit prices
3. Schedule C - Project Timeline: Detailed project schedule with milestones
4. Schedule D - Payment Schedule: Detailed breakdown of payment installments and conditions
5. Schedule E - Site Information: Site plans, access details, and existing conditions
6. Schedule F - Required Insurance: Detailed insurance requirements and coverage limits
7. Schedule G - Forms and Certificates: Standard forms for variations, completion certificates, and other project documents
8. Schedule H - Key Personnel: List of key personnel and their roles
9. Appendix 1 - Technical Drawings: Complete set of technical drawings and specifications
10. Appendix 2 - Quality Control Plan: Detailed quality control procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Public Works
Energy
Healthcare Facilities
Education Facilities
Hospitality
Retail Development
Relevant Teams
Legal
Project Management
Construction
Procurement
Finance
Operations
Risk Management
Commercial
Technical Services
Compliance
Business Development
Contract Administration
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Quantity Surveyor
Site Engineer
Procurement Manager
Risk Manager
Commercial Director
Operations Manager
Chief Financial Officer
Development Director
Technical Director
Compliance Officer
Cost Controller
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