Professional Documents
Culture Documents
Form No. 1
That the CONTRACTOR shall provide the following services as proposed on ___________ in
regard to the design and construction of a ________________ to be built in
___________________________ and more particularly described as follows:
DESCRIPTION OF WORK
Civil Engineering/Building Services for Phases 1 -3 below (Permit Set) will be based on a new
Design of approximately ___________ m2 Conditioned Space. The total fee for execution of
Phases1-3 described below will be based on a fixed fee of either:
1.
2.
PhP ____ per m2 under roof (final calculation of all air conditioned and all unconditioned
covered built space garages, covered porches, balconies/ decks, storage, outbuildings, etc.)
for Permit Set due within __ months of contract execution, or
PhP ___ per m2 under roof per ___ month contract execution of Permit Set. Owner may
elect to request options for additional services as described in Phases 4-6, estimated and
enumerated below, final terms to be negotiated at later time with Contractor. Structural/ Civil
Engineering and Landscape Architecture will not be included in this contract. Hourly
services provided herein (if requested or required for execution of services described below)
will be billed monthly. If not executed by both parties within 7 calendar days of being first
proposed, this CONTRACT shall become void or subject to renegotiations.
Owner may request slight changes in plans and elevation without extra charge after which preliminary
pricing of schematics may commence. Requests to investigate alternate floor layouts which deviate
substantially from original program or to perform major re-arrangements or additions to plans such as
moving garages or primary rooms from one side or story to another, or in elevation to change style of
period, etc. will incur additional fees to be quoted and approved in writing in advance.
Exterior details of walls, roof and decorative fencing, columns, balusters, arches, soffits, door and
window surrounds, chimney caps and other like rim.
PhP ______
2. Two (2) full width building-sections (for additional clarity and ease of construction and document
interpretation.)
PhP ______
3.
Additional Sections
PhP
______ ea.
4.
Schematic design of primary interior elevations including Foyer, Living, Dining, Library, Family,
Kitchen, Master Suite,-- select cabinet and counter details, media walls and fireplaces, ceiling
treatments, finishes for select trim around baseboards, wainscot, crown, windows and doors.
Selection of interior columns, brackets, medallions.
PhP
______
5. Additional interior elevations and details.
Hourly or per room estimate
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Assist Owner in Contractor selection, contracts. Contract Administration limited to draw approval
and observation noted below in Phase 5.
Hourly
20. Perspective sketches of interior or exterior spaces.
PhP______ per sketch
21.
NOTE: Contractor not to include comparative pricing of individual components or materials specified in
Phase 4 unless authorized by Owner, to be performed on an hourly basis.
3.
4.
5.
2.
Contractor reserves Copyright and ownership of all drawings, design, and ideas produced under
this Contract. The same shall not be reproduced, changed or copied in any manner or form
whatsoever, nor are they to be assigned to any third party without the written consent of the
Contractor. This Contract provides the Owner with the non-exclusive one-time use for construction
from the documents solely for the Project described herein and its exclusive use within a 250 kilometer
radius. Owner has right to as many copies of plans required for construction or permanent records.
Owner may not sell nor assign plans or specifications. Any promotion, advertising, display, collateral
materials, etc. concerning the Project must display Contractors name and copyright symbol.
Contractor must have reasonable access to project in order to photograph and document work and may
include representations of the design, including photographs of the exterior and interior for personal
records and for publication. Contractor shall have right to display his business sign on property, which
shall be readable from street subject to deed or subdivision restrictions. Owner agrees to indemnify
Contractor from any actions that may arise due to copyright disputes as a result of use of photographs,
drawings, sketches, and other design related materials Owner furnishes Contractor for analysis or
incorporation into this Project.
Owner and/or Contractor shall verify final plans including all details and dimensions, as well as
the conditions of the job before commencement of the Work and likewise while under construction. If
the Owner or Contractor becomes aware of any fault or defect with the above, or conformance with all
the Construction Documents, prompt written notice shall be given to the Contractor in a timely
manner in order to remedy discrepancies before materials are ordered or labor scheduled in order to
3.
4.
5.
6.
avoid unnecessary costs. Owner should not award bid for construction nor authorize commencement
for construction until Contractor has verified in writing he has reviewed the Plans submitted by
Contractor and assumes full responsibility to properly build from the letter and intent of the
documentation provided, having notified in writing to Owner and Contractor that Plans were also
checked to comply with all local county, state, and national codes and ordinances as applicable.
Contractor shall determine methods of construction. It is customary and ordinary to omit certain
details well within the common knowledge of the Contractor or standard building practices. If a detail
is omitted from Construction Documents for which the Contractor needs further explanation, the
Contractor should determine the solution with Contractor before signing a contract for construction
with Owner. Contractor assumes full responsibility for executing all details of construction if not on
Documents in order to fulfill his contract for construction. Owner or Contractor shall verify metes and
bounds, site dimensions, restrictions, and placement of structure and report any discrepancies to
Contractor in writing before execution of Contract for Construction and commencement of Work.
Contractor shall assume no responsibility or liability for misinterpretation or unauthorized deviation
from drawings/documents provided to Owner.
Owner to retain under separate contract Structural Engineer and Landscape Specialist. Structural
verification or compliance with applicable codes is not included in this Contract. Contractor will
provide schematic design of pool, decks, and drives on Site Plan, but Landscape Specialist to provide
details for construction, and all planting and hard-scape specifications. Contractor recommends
retaining Electrical/Mechanical Engineer to size and specify ducts, compressors and air handlers, and
size and specify electrical circuits especially if project is to be competitively bid. Energy code
calculations by others. Owner to provide all soils testing as necessary and shall be entirely responsible
for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
materials in any form at the Project site, including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances. Changes in Building or Zoning Codes
made after Contract date may require a change in scope of work with subsequent additional
expenditure of time and cost to be reimbursable to Contractor at hourly rates set elsewhere herein.
Contractor will perform services as described above as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work, having Owners best interest as the
foremost consideration. Owner shall expeditiously perform all acts or provide all services required of
him under this Contract and render decisions in a timely manner pertaining to documents submitted by
the Contractor in order to avoid unreasonable delay in the orderly and sequential progress of the
Contractors services. Contractor must rely wholly on accuracy of all site information and legal
descriptions as forwarded by Owner including but not limited to: metes and bounds,
easements/setbacks, special zoning, subdivision regulations, soils and ground conditions with
engineers report, topographical maps showing utilities availability and tree survey, and environmental
protection.
Dimensions and details my change due to field conditions, construction techniques and other
variables that shall not be charged against Contractors drawings for omissions or error. Contractors
estimate for probable construction cost is based on current charges for labor and materials as
evidenced by construction for similar work to scope of Owners project and such estimates will
change in time and under varying market conditions. Shop drawings (all of which to be prepared and
submitted by others) and interior trim, finishes, and general interior design, if contracted by others
than Contractor shall be subject to review and approval to insure integrity of design.
Owner will not hold Contractor liable for construction costs over budgeted project costs. All
Work submitted by Contractor is to be properly engineered for structural, electrical, heating,
ventilation and air conditioning by Owners Contractor and/or professional subcontractors under
separate contract. Contractor shall require additional compensation at the hourly rate of PhP ____ to
make revisions in any documentation when such revisions are inconsistent with approvals or
instructions previously given by Owner or due to adjustments in the Owners program or Project
budget including, but not limited to size, quality, complexity, scheduling, the method of bidding or
negotiating and contracting for construction, or in connection with Change Orders and Construction
Change Directives or due to default by Contractor in improperly executing the Work. Manufacturer,
supplier, or installer shall be responsible and liable for product/assembly as specified. Owner will be
responsible for reimbursable items including all blueprinting and CADD plot direct costs- plus 15%,
and travel and time for materials sourcing and selection out of Orlando (if requested by Owner).
7.
Fees charged for professional services are due and payable upon presentation of invoice. Work in
progress may halt if payments are not received within seven (7) days. Deferred payment until closing
or other conditions are not implied. A service charge will be added to the unpaid balance due equal to
the maximum permitted by law. It is the Contractors policy to file Notice to Owner or lien according
to applicable state mechanics lien laws if timely payment is not made or Owner violates contract
terms. Owner agrees to pay Contractors fee regardless of the results of government approvals,
whether or not the project receives financing, or is completed.
8.
In order to provide the high quality of service at the competitive fees quoted herein, the
Contractors total aggregate liability for all claims arising out of or related to the Project or this
Contract shall not exceed 50% of the Net compensation (exclusive of Reimbursable Expenses,
consultant fees, etc.) received for the Project unless Owner elects to purchase liability insurance to
cover Errors and Omissions. Jurisdiction of legal claims made against any party of this Contract to be
in County of Contractors principal business address. In the event that the Contractor fails to timely
perform any of the services or obligations of the Contractor as set forth in this Contract, the Owner
shall have the right, but not the obligation, in addition as well as alternatively to all other remedies
available to Owner herein or under applicable laws as a result of a default by the Contractor, to
immediately retain the services of a licensed Contractor or other persons to perform the needed
services. The cost incurred by the Owner in obtaining such alternative services shall be deducted from
sums due to the Contractor hereunder. In the event the Owner retains the services of an attorney to
enforce the Owners rights, or the Contractors obligations hereunder, then the Owner shall be entitled
to recover all costs and fees incurred by Owner at both the trial and appellate levels, as well as in any
bankruptcy proceeding. Any default or breach in this Contract made by the Owner shall likewise
entitle Contractor to pursue same legal recourse and recovery of damages, costs and fees incurred by
Contractor at both the trial and appellate levels, as well as in any bankruptcy proceeding. Mediation
shall be the first course of resolving contract disputes.
9.
It is understood and agreed that the Contractor bears no responsibility for compliance with any
laws outside the United States of America. The Owner assumes full responsibility for the compliance
of the provisions of this Contract with all foreign codes, ordinances, and laws and to insure
Documents provided by Contractor are fully engineered to insure safety and health of users and third
parties involved.
10.
If this Project is suspended or abandoned in whole or in part for a period of more than 20 calendar
days from last significant communication of Owner to Contractor this Contract shall be subject to
termination or renegotiation following a demand for Services rendered to that date and Reimbursables
accrued likewise. Lapse of review and approval process by Owner entitles Contractor to charge for
re-start fees necessary to re-assemble project team and reschedule Work. Retainer is not refundable if
project is terminated after this contract is signed unless negligence is proven against Contractor. This
Contract may be terminated by either party upon not less than seven days written notice should the
other party fail substantially to perform in accordance with the terms of this Contract through no fault
of the party initiating the termination. This Contract entered into subject to the Description of Work to
be performed and Terms and Conditions set forth herein and constitutes the entire Contract between
the parties hereto. No other Contracts, understandings, restrictions, warranties, or representations
exist between parties other than those provided herein. In the event that any items of this contract
shall be held unenforceable or void, the entire contract shall not be void or unenforceable and be valid
and enforceable. Owner by his or her signature indicates he/she has read and understands entire
Contract.
_________________________
Owner
_________________________
Contractor
__________________________
ACKNOWLEDGMENT
Notary Public
Doc. No. ........;
Page No. .......;
Book No. .......;
Until __________________________
PTR No. _______________________
Issued on _______________________
Series of 2007
At ______
Form No. 2
3.
4.
5.
6.
Renewal of contract: The contract is renewable with the mutual agreement of both theemployer
and the employee.
This Contract shall be subject to, and the ENGINEER hereby undertakes and abide by, the
provisions of the Personnel Handbook, Articles of Corporation, as well as other policies, rules and
regulations of the CORPORATION, the Corporate Law, Labor Code of the Philippines,
Securities Exchange Commission, Department of Labor and Employment, and other pertinent
laws which may now or hereafter be enacted.
Duration of the contract: The duration of contract should not be less than two years, but in
special cases where salary is comparatively higher than normal, lesser duration may be
considered.
Other terms and conditions: Other terms and conditions favorable to the employee not
covered here in and which are provided by the laws of the country of employment shall apply
and shall be the part of the contract.
This Contract shall be in full force effective _________ unless sooner terminated by either parties
for valid cause(s) as provided in the Personnel Handbook, Articles of Corporation, as well as other
policies, rules and regulations of the CORPORATION, the Corporate Law, Labor Code of the
Philippines, Securities Exchange Commission, Department of Labor and Employment, and other
pertinent laws which may now or hereafter be enacted. The CORPORATION may likewise
terminate this Contract if the ENGINEER fails to meet the standards and the criteria set by the
CORPORATION for the position for which the ENGINEER is appointed to.
Provided that, if the ENGINEER pre-terminates his/her employment without valid cause(s) prior
to the expiration of this Contract, the ENGINEER hall be required to complete his/her wok
wherein he/she tenders his/her resignation. Should the ENGINEER fails to finish the said work,
without sufficient justification, the CORPORATION may, at its discretion, deny the privileges
and benefits which have been entitled to the ENGINEER by way of liquidated damages.
IN WITNESS WHEREOF, the parties have hereunto set our signatures in _______________ on
_________________ 20__.
__________________________
ENGINEER
_______________________________
CORPORATE REPRESENTATIVE
SIGNED IN THE PRESENCE OF:
__________________________
__________________________
ACKNOWLEDGMENT
Notary Public
Doc. No. ........;
Until __________________________
Series of 2007
At _____________________________
Form 3
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF LEASE is made, executed and entered into by:
SPOUSES ( ) AND ( ), both of legal age, Filipino citizens, and with residence and postal address at
_____________________________________________________, hereinafter referred to as the LESSOR
-ANDSPOUSES ( ) AND ( ) both of legal age, Filipino citizens, and with residence and postal address at ,
____________________________________________ ________, hereinafter referred to as the LESSEE.
WITNESSETH; That1.
The LESSOR hereby agrees to lease to the LESSEE and the LESSEE hereby agrees to lease from
the LESSOR the property described below:
(DESCRIPTION OF THE PROPERTY)
2.
3.
4.
PERIOD OF LEASE. The term of this contract shall be for a period of ____ ( ) years from
______________ and to expire on _______________.
RENTAL FEE. In consideration of this lease, LESSEE will pay the LESSOR a rent of
____________________, Phlippine Currency (PhP _________) per month. Upon signing of this
Contract, LESSEE shall pay to LESSOR the amount of ____________________, Phlippine
Currency (PhP _________) equivalent to two (2) months security deposit and two (2) months
advance rental. The LESSEE is to pay to the LESSOR the monthly rental on or before the ____th
day of every month thereafter.
SECURITY DEPOSIT. The security deposit of ____________________, Phlippine Currency (PhP
_________) shall be used for whatever unpaid account(s) that may be due from the LESSEE such
as water, telephone bills, electricity, association dues, garbage fee, and such other assessments,
including damages which may be caused on the leased premises except for reasonable wear and
tear.
This security deposit, after deducting the above amounts due from the LESSEE, shall be returned
to the LESSEE within one (1) month of the termination of this lease agreement; as soon as all bills
for the last month are already settled the LESSOR automatically refunds the LESSEE.
5.
USE OF LEASED PREMISES. During the term of this contract, the afore-mentioned property
shall be used by the LESSEE exclusively for ___________ PURPOSES ONLY. Illegal and
immoral activities shall also be prohibited. The maximum number of persons using therein must
not exceed ___ ( ) at one time.
LESSEE shall not directly or indirectly sublease, assign, transfer, convey, mortgage or in any way
encumber the right lease over the leased premises or any portion thereof, under any circumstances
whatsoever; any violation, direct or indirect, of any stipulation hereof shall automatically and
unequivocally terminate this lease contract from the time such violation occurs and LESSEE shall
not be entitled to any refund of any advanced rental payment.
LESSEE shall not make or permit disturbing noise within the leased premises caused by himself
or by persons under his control, nor permit anything to be done by himself or such other persons
which will interfere with the rights, comfort or convenience of the other tenants. LESSEE shall not
play or suffer to be played in the leased premises any musical instrument, phonograph, radio, or
loudspeaker, or install any machinery or device which may cause or tend to cause any noise which
may be heard outside the leased premises.
6.
7.
8.
9.
UTILITIES, TELEPHONE BILL, ASSOCIATION DUES, ETC. These incurred during the term
of this lease shall be the sole responsibility of the LESSEE.
INSPECTION. The LESSEE agrees that the LESSOR or its authorized representative may at all
reasonable time with prior notice enter into and upon the leased premises to inspect or observe the
manner of its use, make alterations or repairs or for any purpose which may deem necessary for
the operation or maintenance of the building or its installations and during the last month of the
term of this lease, to exhibit the leased premises to prospective tenants.
IMPROVEMENTS, MAINTENANCE, REPAIR & ALTERATION. LESSEE shall not make any
alterations or improvements without the written consent of the LESSOR. All authorized
improvements or alterations that the LESSEE may undertake on the house or its premises shall
automatically become the property of the LESSOR without any obligation on the part of the
LESSOR to reimburse the LESSEE for the expenses incurred by reason of such improvements or
alterations except those that may be removed without damaging or defacing the leased premises.
SANITATION & REPAIR. The LESSEE shall keep the house and its premises clean and in
sanitary condition and shall take good care of the leased premises. The LESSOR agrees to keep
the premises in good and tenantable condition and shall be responsible for necessary major repairs.
Likewise, LESSEE acknowledges that the same is in good and tenantable condition and agrees to
keep the same in all respect. Minor repairs shall be at the exclusive expense of the LESSEE.
10. HAZARDOUS & OBNOXIOUS SUBSTANCES. The LESSEE shall not keep, deposit any
obnoxious substances and/or inflammable materials or substances that might constitute a fire
hazard, except cooking gas or gasoline in vehicles. LESSEE shall at all times have a fire
extinguisher in the leased premises.
11. RULES & REGULATIONS. The LESSEE agrees to abide by the rules and regulations established
by competent authorities and those that may be promulgated from time to time by the ________
association.
12. PRETERMINATION. Should the LESSEE without any legitimate reason pre-terminate the lease
contract, the LESSEE shall give LESSOR two (2) months notice of his intention to pre-terminate
and the two (2) months advance deposit and two (2) months security deposit shall be forfeited in
favor to the LESSOR.
13. EXPIRATION OF CONTRACT. Upon the expiration of the term of the lease or cancellation of
this lease as herein provided, LESSEE will promptly deliver the said premises to the LESSOR in
as good and tenantable condition, in all respects, as the same now are, reasonable wear and tear
excepted, devoid of all occupants, furniture, article, and effects of any kind belonging to the
LESSEE; provided, however, that non-compliance will give the LESSOR the right at its option to
refuse to accept the delivery of the premises and to compel the LESSEE to pay rent thereof at the
same rate of rental as herein provided, plus 50% additional sum as penalty, until the LESSEE shall
have complied with the terms hereof. This same penalty shall likewise be imposed in case
LESSEEE shall refuse to leave the premises after his right of lease has expired or terminated for
any reason whatsoever.
14. RENEWAL. Sixty (60) days before the expiration of this lease, LESSEE shall give notice in
writing to LESSOR his intention to renew this lease subject to the agreement of the LESSOR.
That in the event of renewal, the LESSOR can only increase the rent up to 10% of the present rate.
15. VENUE. All actions arising from this Contract shall be the proper court of the _________.
IN WITNESS WHEREOF, the parties have hereunto set our signatures in _______________ on
_________________ 20__.
__________________________
Lessee
_________________________
Lessor
__________________________
Lessee
_________________________
Lessor
SIGNED IN THE PRESENCE OF:
__________________________
__________________________
ACKNOWLEDGMENT
Notary Public
Doc. No. ........;
Until __________________________
Series of 2007
At _____________________________
Form 4
_________________________
Vendee
__________________________
Vendor
_________________________
Vendor
SIGNED IN THE PRESENCE OF:
__________________________
__________________________
ACKNOWLEDGMENT
Notary Public
Doc. No. ........;
Until __________________________
Series of 2007
At _____________________________
Form 5
__________________________
Mortgagor
_________________________
Mortgagor
__________________________
Mortgagee
_________________________
Mortgagee
SIGNED IN THE PRESENCE OF:
__________________________
__________________________
ACKNOWLEDGMENT
Notary Public
Doc. No. ........;
Until __________________________
Series of 2007
At _____________________________