CONTRACT AND AGREEMENT

for the

CONSTRUCTION of a Two-Storey Residential Building Extension

KNOW ALL MEN BY THESE PRESENTS:

This contract made and entered into this _____ day of ___________ 2022 by and between:

SPS. ROLDAN AND SHEILA SOCORRO Y. HOLGADO, with address at B11 L25 Almeria
St., Cerritos Heights Phase 1, Camella Homes Daang Hari, Bacoor, Cavite, the party of the First
Part, hereinafter called “the OWNER”

and

DANNY BOY N. DELA PAZ, hereinafter called “the CONTRACTOR”.

WITNESSETH:

WHEREAS, the CONTRACTOR offers build services under a project supervision and management basis;

WHEREAS, the OWNER has voluntarily sought and engaged CONTRACTOR for the construction of the
following PROJECT:

PROJECT : Proposed 2-Storey Residence Extension

LOCATION : Bacoor, Cavite
OWNER : Roldan and Sheila Socorro Y. Holgado

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants and
stipulations herein made, the parties hereby agree to be bound by the terms and conditions stipulated hereunder:

ARTICLE I – CONTRACT DOCUMENTS

The following documents shall be deemed to form and be interpreted and construed as part of this
Agreement:

a. Design and Construction Agreement Contract

b. Detailed Architectural and Engineering (A&E) Design of the PROJECT
c. Construction Drawings, Plans, Designs and Specifications (setting forth in detail the work
required for the architectural, structural, electrical, electronic, mechanical, plumbing,
sanitary, service-connected equipment and site development work)
d. Statement of Probable Project Construction Cost (SPPCC)
e. Construction Plans and Phases and Timeline of the completion of the PROJECT

ARTICLE II – SCOPE OF AND CONDITIONS OF WORK

The scope of work to be done by the CONTRACTOR consists of professional services for the following:

1. The CONTRACTOR shall in accordance with provisions of and subject to the conditions contained
in the documents referred to in Article I hereof, and in consideration of the sum of money herein
after stated shall fully and faithfully perform all labor and furnish the needed equipment and
services necessary to complete the Construction of the PROJECT as per plan and specifications of
the OWNER;
2. The CONTRACTOR shall hire skilled workers as may be necessary;
3. The CONTRACTOR shall construct the PROJECT under the supervision and management of the
Owner; and
 4. The CONTRACTOR shall complete the PROJECT within the timeline provided herein.
5. The Contractor shall in no way suspend the works stipulated herein unless due to: bad weather,
fortuitous events, force majeure or other justifiable causes.

ARTICL III – TIME OF COMPLETION

1. The work to be performed by the CONTRACTOR under this contract shall commence after ten (10)
calendar days upon receipt and acceptance of the Notice to Proceed from the OWNER by the
CONTRACTOR.
2. The construction of the PROJECT shall be completed within One Hundred Eighty (180) calendar
days including Saturdays, Sundays and holidays.
3. Should the CONTRACTOR refuse or otherwise fail to complete the work stipulated herein, the
CONTRACTOR agrees to pay the OWNER liquidated damages in an amount equal to One-Tenth of
One Percent (0.1%) of the total contract sum for each calendar day of delay until the work is
completed and accepted by the OWNER or when the OWNER takes over the project by
administration or relets it to other contractors until such time as the OWNER may reasonably secure
the completion of the works. Such amount shall be deducted from any money due or which may
become due the CONTRACTOR under this contract.

EXTENSION. The following are grounds for the extension of the TIME OF COMPLETION, in which
case the CONTRACTOR shall not be held liable for the cost therefor:

a. Force majeure and fortuitous events, such as but not limited to flood, typhoon, earthquake,
accidents, natural calamities, including those which affect the timely delivery of materials,
tools, equipment, facilities, and services provided in the Contract Documents;
b. Changes and alterations made or otherwise approved by the OWNER;
c. Delay in the payment of the fees by the OWNER; and
d. Delay caused by the OWNER;

Any other delays independent of the will of the CONTRACTOR.

ARTICLE IV – THE CONTRACT SUM

The OWNER for and in consideration of the faithful and satisfactory fulfilment of the contract by the
CONTRACTOR in accordance with the terms and conditions of all contact documents and subject to the
deduction herein provided, shall pay to the CONTRACTOR in Philippine Currency the sum equivalent to Forty
Percent (40%) of actual material cost to be billed on a milestone basis.

Payment shall be in accordance with the following conditions:

a. Bi-Monthly payment shall be based upon the work satisfactorily completed as certified by the
CONTRACTOR and concurred by the Owner.
b. Final payment shall be made upon completion of the work and upon submission by the
CONTRACTOR of his sworn statement that all obligations for materials used and labor employed
in accordance with this contract have been duly paid.

ARTICLE V - GUARANTEE

The CONTRACTOR hereby guarantees the work stipulated in this contract and all the materials it will
apply and use in the construction as well as workmanship of all its work under this contract and shall make good
of its own account and/or its own expenses.

After final acceptance of the PROJECT by the OWNER, the CONTRACTOR shall assume full
responsibility for any damage or destruction of the works except those occasioned by force majeure. They shall
be required to put up a warranty security denominated in Philippine Pesos provided in Section 62.2.3.3 of IRRA
of R.A. 9184 and shall remain effective for one (1) year from the date of issuance of the certificate of final
acceptance and shall be returned only after the lapse of the said one (1) year.

In addition, the provisions of Article 1723 of the New Civil Code shall also apply to guarantee the work
performance of the CONTRACTOR.
ARTICLE VI – SAFEGUARDS AND WARRANTS

The CONTRACTOR shall provide and do everything necessary to perform its obligations under
this contract according to the true intent and meaning of the other contract documents taken together particularly
the drawings, plans and specifications provided that the same shall be inferred therefrom and should the
CONTRACTOR find any discrepancy in the drawings, plans and specifications, he shall immediately refer the
same to the OWNER whose decision shall be followed.

The OWNER reserves the right for an additional or increase in the number of laborers or workers
assigned to the construction site in the opinion of the OWNER as the exigencies of the circumstances may
require.
The CONTRACTOR shall be considered as an independent CONTACTOR and as such, he assumes all
obligations and liabilities arising out of the Employee’s Liability Act and any other laws existing and those
enacted thereafter that may affect the rights of the employees or laborers employed in the performance of this
contract. Should the OWNER be made liable for any of the CONTRACTOR’s violation of any labor laws, the
CONTRACTOR shall reimburse the OWNER for whatever amount the latter is required to pay to said laborers.

Notwithstanding any provisions of this contract, the OWNER has the right and/or power to terminate the
contract without necessity of judicial action by giving written notice to the CONTRACTOR upon his failure to
comply strictly with any of the terms of this contract.

The CONTRACTOR is likewise mandated to implement the construction safety and health program as
may be provided by the Owner.

ARTICLE VII – VENUE OF COURT ACTION

Should any court action be instituted by the OWNER or the CONTRACTOR arising from this contract,
the parties hereby agree that the venue thereof shall be the proper court in the City of Cavite.

IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of May 2022 at
____________________________________.

DANNY BOY N. DELAPAZ

(CONTRACTOR)

ROLDAN AND SHEILA SOCORRO Y. HOLGADO

(OWNER)