ART.

1: DEFINITIONS
1.01 ACT OF GOD OR FORCE MAJEURE shall mean any event beyond the
reasonable control of the Owner or the Contractor, as the case may be, and
which is unavoidable notwithstanding the reasonable care of the party
affected and shall include, without limitation, the following:
[a] war, hostilities or warlike operations (whether a state of war be
declared or not), invasion, act of foreign enemy, civil war;
[b] rebellion, revolution, insurrection, mutiny, usurpation of civil or
military government, conspiracy, riot, civil commotion, terrorist acts;
[c] confiscation, nationalization, mobilization, commandeering or
requisition by or under the order of any government or de jure or de
facto authority or ruler or any other act or failure to act of any local or
state or national government authority;
[d] strike, sabotage, lock-out, embargo, import restriction, port
congestion, lack of usual means of public transportation and
communication, industrial dispute, shipwreck, shortage or restriction
of power supply, epidemics, quarantine, plague;
[e] earthquake, landslide, volcanic activity, fire, flood, inundation, tidal
wave, typhoon or cyclone, hurricane, storm, lightning, or other
inclement weather condition, nuclear and pressure waves, or other
natural or physical disaster;
[f] shortage of labor, materials or utilities where caused by circumstances
that are themselves Force Majeure.
1.02 ADVERTISEMENT or INVITATION TO BID refers to the notice published by
the Owner or the invitation issued to prospective bidders, giving
information as to the nature of the proposed project, conditions for the
issuance of Contract documents, date of bidding, and information that
would give the Contractor a general idea of the magnitude and extent of
the project.
1.03 AGREEMENT is the term used to describe the agreement signed by the
Owner and the Contractor excluding the Contract Documents which are
attached thereto.
1.04 BID is the tender, or proposal, or quotation, or offer of a bidder to perform
the work described in the Contract which in form and substance complies
with the Instruction to Bidders.

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1.05 BID BOND refers to any acceptable form of bond accompanying the Bid
submitted by the bidder as a guarantee that the bidder will enter into the
Contract with the Owner for the construction of the Work, if the Contract
is awarded to him.
1.06 BID DOCUMENTS collectively refer to all documents provided or made
available to prospective bidders which include the Invitation to Bid and a
copy of the Contract which the winning bidders would be required to sign
with the Owner.
1.07 BID BULLETIN is a document containing additional information on Bid
Documents issued to bidders before date of bidding.
1.08 BREAKDOWN OF WORK AND CORRESPONDING VALUE is a listing of the
different parts of the work indicating each part and its corresponding value.
1.09 CHANGE ORDER is a written order to the Contractor issued by the Owner
after the execution of the Contract, authorizing a change or variation in the
work or an adjustment in the Contract Price or Contract time.
1.10 CONTRACT is the term used to describe the Agreement and the Contract
Documents.
1.11 CONTRACT DOCUMENTS are the documents attached to the Agreement
identified therein as Contract Documents, including all additions, deletions
and modifications incorporated therein. These generally include the
following documents:
a. Special Provisions or Conditions
b. General Conditions
c. Specifications
d. Drawings
e. Other Bid Documents
1.12 CONTRACT PRICE is the amount in money or other consideration to be paid
by the Owner to the Contractor for the execution of the Work in accordance
with the Contract.
1.13 CONTRACTOR is the person or firm duly registered and licensed by the
Philippine Contractors Accreditation Board whose proposal has been
accepted and to whom was awarded the Contract to execute the Work.
1.14 COST means all expenditures properly incurred or to be incurred, whether
on or off the site, including overhead and other charges properly allocable
thereto but does not include any allowance for profit.
1.15 DRAWINGS are graphical presentations of the Work. They include all
supplementary details and shop drawings.

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1.16 FINAL PAYMENT refers to the payment of the final progress billing and all
approved claims including but not limited to variations in the work, Contract
Price adjustments and/or escalation, acceleration of work, and others. It
does not include the retention money.
1.17 GUARANTEE BOND is the approved form of security furnished by the
Contractor and his Surety as a guarantee of the quality of the materials
provided, the equipment installed, and the workmanship performed by the
Contractor.
1.18 INSTRUCTION TO BIDDERS refers to the list of instructions regarding the
manner bids are to be prepared and the conditions for the award of the
Contract.
1.19 LAWS refers to all laws, ordinances and other governmental rules and
regulations applicable to the project and to its execution.
1.20 OWNER is the person or entity or authorized representative thereof who
signed the Contract as Owner.
1.21 OWNER'S REPRESENTATIVE refers to the person or entity commissioned by
the Owner or authorized in writing by the Owner to act on his behalf.
1.22 PAYMENT BOND is the approved form of security furnished by the
Contractor and his Surety as a guarantee of good faith on the part of the
Contractor to faithfully comply with the Contract in respect of its
obligations arising therefrom to its workers, subcontractors, and suppliers.
1.23 PERFORMANCE BOND is the approved form of security furnished by the
Contractor and his Surety as a guarantee of good faith on the part of the
Contractor to execute the Work in accordance with the Contract.
1.24 SCHEDULE OF MATERIALS AND FINISHES is an outline specification
enumerating the type or trade names of materials required to be used by
the Contractor for the Work.
1.25 SPECIFICATIONS are the written or printed description of the work to be
done describing qualities of the material to be used, the equipment to be
installed and the mode of construction.
1.26 SPECIAL PROVISIONS OR CONDITIONS are instructions which are issued
prior to bidding to supplement and/or modify the Drawings, Specifications
and/or General Conditions of the Contract.
1.27 SUB-CONTRACTOR is a contractor duly registered and licensed by the
Philippine Contractors Accreditation Board having a direct contract with the
Contractor and who acts for or in behalf of the Contractor in executing any

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 part of the Contract. One who merely furnishes materials without labor is a
supplier and not a Sub-Contractor.
1.28 SUPPLEMENTARY SPECIFICATIONS refers to additional information which
may be issued as an addition to or amendment of the provisions of the
Specifications.
1.29 SURETY is the person, firm or corporation which issues the bond required
of the Contractor.
1.30 TIME LIMIT OR COMPLETION TIME is the period of time allowed by the
Contract for the completion of the project or any stipulated portions
thereof.
1.31 WRITTEN NOTICE means information, advice or notification pertinent to the
project delivered in person or sent by registered mail to an individual, firm
or corporation at the latter's last known business address.
1.32 WORK refers to all the Contractor-provided labor or materials or both, as
well as equipment transportation or other facilities necessary to commence
and complete the construction and to fulfill all his obligations which are
called for in the Contract.

ART. 2: EXECUTION, CORRELATION, MEANING OF TERMS, AND INTENT OF

DOCUMENTS
2.01 INTENT OF CONTRACT: The intent of the Contract is to include all labor and
materials, equipment and transportation necessary for the proper
execution of the Work.
2.02 STANDARD OF CONDUCT: Each party to the Contract acknowledges that,
in the exercise of his rights and in the performance of his duties, he must
act with justice, give the other party his due, and observe honesty and good
faith.
2.03 INTERPRETATION OF CONTRACT
a. In case of conflict between the provisions of the Agreement or of any
Contract Document, or between the provisions of one of the Contract
Documents and the provisions of another Contract Document, or in case of
discrepancy, defective description, error or omission in the Contract, the
following rules shall be followed:
RULE 1: The Agreement and the Contract Documents shall be taken as
mutually explanatory of one another. The various provisions of
the Contract shall be interpreted together, attributing to the

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 doubtful ones that sense which may result from all of them
taken jointly.
RULE 2: The provisions of the Civil Code of the Philippines on the
interpretation of contracts and of the Rules of Court on the
Interpretation of Documents shall be applied.
RULE 3: Where the conflict between or among the provisions of the
Agreement and/or the Contract Documents cannot be resolved
by Rules 1 and 2, it shall be understood that:
(a) the Detailed Drawings shall prevail over the General
Drawings;
(b) words and figures shall prevail over the Drawings;
(c) words shall prevail over figures in Contract Documents;
(d) written dimensions shall prevail over measured
dimensions.
RULE 4: Where the conflict cannot be resolved by applying Rule 3 or
where Rule 3 does not apply, the conflict shall be resolved by
giving precedence to the Agreement or to provisions of a
Contract Document higher in order of priority among the
various documents which comprise the Contract. The order of
priority among these documents shall be as follows:
(a) Agreement as modified by Notice of Award of Contract, if
such be the case, and the Contractor's conformity thereto:
(b) Instruction to Bidders and any amendment thereto;
(c) Addenda to Bid Documents;
(d) Specifications;
(e) Drawings;
(f) Special Conditions of Contract;
(g) General Conditions of Contract;
(h) Other Contract Documents; and
(i) Other documents forming part of the Contract attached
thereto or incorporated therein by reference.
Where the order of precedence is modified in the Agreement, such
modified order of precedence shall be followed; however, the mere listing
of Contract Documents in the Agreement or any Contract Document shall
not be interpreted as establishing an order of precedence among them.

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 RULE 5: Where there is discrepancy, defective description, error or
omission in any Contract Document, the Contract Documents
shall be interpreted as being complementary to each other.
Thus, what is called for in one Contract Document, although not
mentioned in another Contract Document where it should have
been mentioned, shall be deemed to be called for by the
Contract.
RULE 6: The apparent silence of the Drawings, Specifications or any
other Contract Document as to any detail, or the lack of detailed
description concerning any part of the work, shall be
understood to mean that good and accepted construction
practice in accordance with the usage or custom of the place
shall be followed.
RULE 7: Rules 1 to 6 shall yield to specific rules of interpretation in this
document or in the Contract.

b. The Owner shall resolve the conflict, or interpret or explain such

discrepancy, defective description, error or omission with due regard to
Article 2.04 below.
c. The interpretation of or explanation by the Owner shall be issued in the
form of instructions to the Contractor. Where the Owner fails to issue the
instruction in writing, the execution of that part of work affected by the
interpretation or explanation without a timely objection or protest of the
Owner shall be deemed to have been executed in accordance with the
Owner's explanation or interpretation.
d. In all cases where a device, item or part of equipment is referred to in the
singular number, it is intended that such reference shall apply to as many
such devices, items, or parts as are required to complete the work.
2.04 CONFORMITY TO THE CONTRACT: The Work shall be executed in
accordance with the Contract.
a. If there be a variance between the Drawings and the Specifications, the
provisions of the Specifications shall control. In case of conflict between
the General Conditions or any modification thereof and the detailed
specification requirements, the detailed specification requirements
shall control.
b. Any discrepancy found between the Drawings and Specifications and
site conditions or any error or omission in the Drawings or Specifications
shall be immediately reported to the Owner, who shall promptly correct
such discrepancy, error, or omission. Any work involving such

6
 discrepancies shall be estimated by the Contractor and unit prices or
lump sum amounts shall be agreed upon by the parties whenever
possible before the work is done. Any work done by the Contractor
involving discrepancies found by the Contractor and not reported to and
without the knowledge of the Owner shall be considered as having been
done at the Contractor's risk.
c. The Owner shall be fully responsible for adequacy of the design
and for sufficiency of the Drawings and Specifications. The complete
requirements of the Work shall be set forth in Drawings and
Specifications to be supplied by the Owner.
d. In the event that any part or whole of the Works, when agreed upon,
are designed by the Contractor, then all responsibilities assigned to the
Owner for the said design shall automatically be assigned to the
Contractor as his responsibility.
2.05 MEANING OF TERMS
a. APPROVED, DIRECTED AND ACCEPTABLE: The words "approved",
"directed" and "acceptable", or words of like import shall mean
approved, directed by or acceptable to the OWNER.
b. FURNISH: The word "furnish" shall be understood to mean "purchase
and/or fabricate and deliver to the jobsite or other location when so
designated."
c. INSTALL: The word "install" shall mean to build in, mount in positions,
connect or apply any object specified ready for the intended use.
d. PROVIDE: The word "provide" shall be understood to mean "furnish
and install."
e. REQUIRED OR NECESSARY: The words "required" or "necessary" shall
mean as required or necessary for the complete execution of that
portion of the Work.
2.06 TIMELY EXERCISE OF ADMINISTRATIVE RESPONSIBILITIES. Whenever
under the Contract, the Owner is required to exercise his discretion by:
a. giving his decision, opinion or consent, or
b. expressing his satisfaction and approval, or
c. determining value, or
d. providing drawings, or
e. supplying equipment or materials, or

7
 f. otherwise taking action which may affect the Contractor's timely
completion of the Work,

he shall exercise such discretion fairly and in a timely manner taking due
regard of Completion Time and the approved construction schedule
notwithstanding any provision in the Contract requiring the Contractor to
notify the Owner when such action is due or when such equipment or
materials are due.
Whenever in the Contract, the Contractor is required to give notice, submit
data, catalogs, samples, order or import materials or equipment, prepare
and submit the construction schedule or notify the Owner that a change
has been ordered or an event causing a change has occurred or been
discovered, the Contractor shall do so in a timely manner so as to avoid any
delay in the completion of the Work.
Whenever the Contract or accepted industry practice requires that before
any part of the Work is covered, it must be inspected and approved, the
Owner shall provide a sufficient number of inspectors at the project site
while work is in progress and the failure of the Owner to provide such
inspectors shall be understood as a waiver of the Owner to inspect and
approve that part of the Work.
2.07 DEFECTIVE EQUIPMENT, MATERIALS, OR WORK. Whenever the Contract
or the General Conditions provide that the Owner may require the
Contractor to remove or replace defective or inferior materials or
equipment or to replace bad or defective work, the Owner, if he is
represented by a professional duly authorized to supervise the Contractor's
work and to exercise the discretion and authority of the Owner, shall
condemn such materials, equipment or work in order to minimize the
damage or loss of the Contractor. However, where even with the exercise
of due diligence, the Owner could not have discovered the use of inferior
materials and equipment or the defective work, the Owner may condemn
it upon discovery, and the Contractor shall bear all the cost of removing and
replacing the defective or inferior material or equipment or the defective
work.
2.08 REVIEW OF CONTRACT. The Contractor shall carefully study and compare
the various documents that comprise the Contract and shall report to the
Owner any error, inconsistency or omission that may be discovered in its
provisions. The Contractor, however, shall not be liable to the Owner for
any damage resulting from any such error, inconsistency or omission in
the Contract. The Contractor shall follow the Drawings and Specification
and all additional detail drawings and instruction issued by the Owner as

8
 being in full and strict conformity with the Contract and the requirements
of the Work. Except for shop drawings, product data and samples for any
portion of the work provided or supplied by a specialty contractor, the
Owner's approval thereof shall be construed as the Owner's
acknowledgement that the approved shop drawings, product data and
sample comply with the Contract. The Contractor shall not be liable to the
Owner for undetected error, inconsistency or omission in the Contract or
for complying with instructions or following Drawings or Specifications, or
for using or following the approved shop drawings, product data or sample.
2.09 DOCUMENTS AND SAMPLES AT THE SITE. The Contractor shall maintain in
good order at the Project site on a current basis one record copy of all
Drawings, Specifications, addenda, Change Orders and other modifications,
and changes made during construction, including approved shop drawings,
product data and samples. These documents and samples shall be available
to the Owner for the latter's inspection. The Contractor shall advise the
Owner, on a current basis and in writing, of changes in the Work made during
construction, except those made in accordance with Change Orders or
Owner's instruction.
2.10 OWNERSHIP OF CONTRACT AND MODELS: The Drawings, Specifications
and models, including all additional instructions and copies thereof,
furnished to the Contractor shall remain the property of the Owner. They
are not to be used by the Contractor on any other work, and, with the
exception of the signed Contract inclusive of Contract Documents, they
shall be returned to the Owner upon completion of the Work before Final
Payment to the Contractor is made.

ART. 3: DRAWINGS AND SPECIFICATIONS

3.01 COPIES OF DRAWINGS AND SPECIFICATIONS: The Owner shall furnish the
Contractor, free of charge, three sets of Drawings and Specifications
inclusive of the signed Contract. All other copies of Drawings and
Specifications as required by the Contractor will be furnished to him at cost
of reproduction.
3.02 COORDINATION OF DRAWINGS AND SPECIFICATIONS: All Drawings and
models are to be read and understood together with the Specifications, to
form a part thereof. Where figures are given, they are to be followed in
preference to measurements by scale. Anything shown on the Drawings but
not mentioned in the Specifications, or vice versa, or anything not expressly
set forth in either but which is reasonably implied, shall be furnished as if
specifically shown and mentioned in both.

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 3.03 CLARIFICATION OF MEANING OF DRAWINGS AND SPECIFICATIONS: Upon
request of the Contractor, the Owner will explain (i) the meaning of
the Drawings (including notes thereon) or of the Specifications, or (ii) any
obscurity as to the wording of the Specifications. The Owner shall
provide the Contractor directions and explanations necessary and proper
to make more definite and certain any requirement of the Drawings
(including notes thereon) or of the provisions of the Specifications.
3.04 DISCREPANCY IN DRAWINGS: The Contractor shall report to the Owner
any discrepancy in the figures in the drawings immediately upon its
discovery. The Owner shall make the necessary correction. The Contractor
shall not be entitled to an adjustment of his Contract Price and Completion
Time should his work be ordered re-done if such work was made without
notifying the Owner of the discovery of the discrepancy and before the
Owner makes the necessary correction.

ART. 4: DETAIL DRAWINGS AND INSTRUCTIONS

4.01 SUPPLEMENTARY DRAWINGS AND INSTRUCTIONS: The Owner shall
furnish additional detail drawings and instructions essential to their proper
interpretation and proper execution of the Work. All such additional
drawings and instructions are to be considered of equal force as those
which originally accompany the Specifications.
ART. 5: SHOP DRAWINGS
5.01 CONDITIONS IN THE PREPARATION OF SHOP DRAWINGS: The Contractor
shall prepare at his own expense and submit two copies of all shop or
setting drawings, templates, patterns and models and the Owner shall pass
upon them making desired corrections, if any. The Contractor shall make
the corrections in the shop drawings required by the Owner and file with
the latter three (3) corrected copies thereof.
5.02 IDENTIFICATION: Shop drawings which shall be numbered consecutively
shall represent:
a. All working and erection dimensions.
b. Arrangement and sectional views.
c. Necessary details, including complete information for making
connections with other work.
d. Kinds of materials and finishes.
Shop drawings shall be dated and contain (a) the name of project, (b) the
descriptive names of equipment, materials, and classified item numbers
and (c) the location at which materials or equipment are to be installed in
the Work.

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5.03 LETTER OF TRANSMITTAL: Submission of shop drawings shall be
accompanied by a letter of transmittal in duplicate, containing the name of
the project, the Contractor's name, number drawings, titles, and other
pertinent data.
5.04 CORRECTIONS, CHANGES AND VARIATIONS: The Contractor shall submit
three sets of prints of shop drawings to the Owner for approval.
Satisfactory shop drawings will be so identified by the Owner, dated, and
one copy thereof returned to the Contractor. Should shop drawings be
disapproved by the Owner, one set of such shop drawings will be returned
to the Contractor indicating therein the corrections and changes to be
made.
a. The Contractor shall make the required corrections and changes and
resubmit the shop drawings, in duplicate, until the Owner's approval
is obtained.
b. Upon receipt of such approval, the Contractor shall insert the date
of approval on the tracings and promptly furnish the Owner with
three additional prints of approved drawings.
c. No work called for by the shop drawings shall be executed by the
Contractor until the Owner's approval is given.
d. If the shop drawings show variations from the Contract requirements
because of standard shop practice or other reasons, the Contractor
shall make specific mention of such variations in his letter of
submittal.
5.05 RESPONSIBILITY FOR ACCURACY: If the Contractor is a specialty contractor
or is engaged by the Owner as a specialty contractor, the Owner's approval
of shop drawings will be general. It shall not relieve the Contractor of
responsibility for accuracy of such shop drawings, nor for proper fitting and
construction of work, nor for furnishing of materials or work required by
the Contract and not indicated on the shop drawings. The Owner's
approval of such drawings or schedule shall not relieve the specialty
contractor from responsibility for deviations from the Drawings or
Specifications, unless he has, in writing, called the Owner's attention to
such deviations at the time of submission and secured the Owner's written
approval.
5.06 OWNER’S APPROVAL: Unless specified to the contrary or unless the
Contractor’s submission is deficient, shop drawing approval by the Owner
shall be made within seven (7) working days of submission by the
Contractor.

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ART. 6: LAWS AND SITE CONDITIONS
6.01 LAWS AND REGULATIONS: In general, the Contractor shall comply with all
Laws in so far as they are binding upon or affect the parties thereto, or the
Work. He shall also comply with regulations of firms furnishing utilities such
as water, gas, telephone and electricity for the project.
If the Contractor performs any work contrary to such Laws or utilities'
regulations, he shall bear all additional costs arising therefrom.
6.02 SITE CONDITIONS: Before the bidding and the awarding of the Contract,
the Contractor is expected to have visited the project site and made his own
estimate of the facilities required in and difficulties attending the execution
of the Work, on account of local conditions and all other contingencies. The
Owner shall, however, furnish the Contractor a geodetic survey and sub-
surface exploration which the Contractor may rely upon in the preparation
of his Bid.

ART. 7: PERMITS, TAXES AND SURVEYS

7.01 PERMITS AND LICENSES: The Owner, with the Contractor's assistance, shall
secure and pay all construction permits and licenses necessary for the
execution of the Work or of any temporary work and easements in relation
thereto.
The Contractor shall secure the final occupancy permit but he shall not be
responsible to the Owner if, without his fault, the license is not issued or
there was delay in its issuance.
7.02 TAXES: Wherever the law of the place where the project is located requires
sales, consumer, use, or other similar tax related or pertinent only to the
construction of the project, the Contractor shall pay such tax.
7.03 CONSTRUCTION STAKES AND REFERENCE MARK: The Owner shall furnish
all surveys describing the physical characteristics, legal limitations, and
utility locations of the site. He shall also furnish rights-of-way for access to
the site. The Owner shall be responsible for the establishment of lot lines,
boundary lines, easements and benchmarks which shall be made by a
certified surveyor. The Owner may request the Contractor to verify before
the start of the construction the result of such surveys, provided the Owner
shall pay for the cost of such verification. The Owner shall also pay for any
damage or cost to the Contractor brought about by errors in data furnished.

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 All other grade, lines, levels, and benchmarks necessary for the prosecution
of the work shall be established and maintained by the Contractor.
The Contractor shall provide and maintain well-built batter boards at all
corners. He shall establish benchmarks in not less than two widely
separated places. As work progresses, the Contractor shall establish
benchmarks at each floor giving exact levels of various floors, and shall lay-
out the exact locations of all partitions as a guide to all trades.
7.04 SERVICES OF GEODETIC ENGINEER: The Contractor shall, at his option or
when so required under the Contract, engage the services of a licensed
Geodetic Engineer to confirm and certify the location of column centers,
piers, walls, pits, trenches, pipe work, utility lines and work of a similar
nature.
The Geodetic Engineer shall also verify and certify the lines and levels of any
part of the Work at any time if so required by the Owner.
The certification shall be provided the Owner and the Contractor. If the
Geodetic Engineer finds any deviation from the Drawings in the Work of the
Contractor, he shall report his findings to the Owner within 24 hours from
discovery.
The Contractor shall be responsible for loss or damage caused by the act or
omission of the Geodetic Engineer. However, without exempting the
Contractor from liability, but in mitigation of it, the Geodetic Engineer's
certification shall be regarded as an independent and disinterested
verification of such lay-out.

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ART. 8: GENERAL
All materials and equipment must conform to all Laws now or which may
be in force and applicable during the period of construction. The Contractor
shall bear all damages by reason of any delay in the Work arising from his
failure to comply with this provision. Where any revision or amendment to
such Laws is made during the construction period which affects the cost or
time of completion of the Contract, a constructive change in the Work shall
be recognized and a corresponding Contract Price and Completion Time
adjustment shall be made.

ART. 9: EQUIPMENT
9.01 QUALITY OF EQUIPMENT: In order to establish standards of quality, the
Owner, in the detailed Specifications may have referred to certain
equipment by name and catalog number. This procedure is not to be
construed as eliminating from competition other products of equal or
better quality by other manufacturers where they are fully suitable in
design.
9.02 EQUIPMENT SUBSTITUTION: The Contractor shall furnish the complete list
of proposed substitutions preferably prior to the signing of the Contract
together with such engineering and catalog data as the Owner may require.
All requests for substitution of equipment shall be in writing. The Owner
will approve or disapprove the request in writing. No substitute equipment
shall be used unless approved in writing by the Owner. The Contractor shall
abide by the Owner’s judgment as to which proposed substitute items of
equipment are judged to be acceptable.

ART. 10: MATERIALS, FIXTURES, APPLIANCES, AND FITTINGS FURNISHED BY THE

CONTRACTOR
10.01 SAMPLES OF MATERIALS: The Contractor shall furnish for approval
samples as specified or required. The work shall be in accordance with
approved samples.
a. Unless otherwise specified, three samples shall be submitted, of
adequate size to show quality, type, color, range, finish, and texture
of material.
b. Each sample shall be labelled, bearing the material’s name and
quality, the Contractor’s name, date, project name, and other
pertinent data.

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 c. Where the Specifications require the manufacturer’s printed
installation directions, such directions shall accompany the samples
submitted for approval.
d. A letter of transmittal in triplicate from the Contractor requesting
approval shall accompany all sets of samples.
e. Materials requiring prior approval of the Owner shall not be ordered
until such approval in writing is given by the Owner. All materials
shall be furnished substantially equal in every respect as the
approved samples.
10.02 TRADE NAME MATERIALS AND SUBSTITUTES:
a. Whenever an item or class of materials is specified exclusively by trade
name, by manufacturer’s name or by catalog reference, only such item
shall be used except as provided in paragraph (b) hereof.
b. No substitution shall be made of any material, article, or process
required under the Contract unless the substitution is approved in
writing by the Owner.
c. The Contractor shall be responsible for materials and articles installed
or used without such approval.
d. Samples of materials for use, in reinforced concrete work such as steel
bars, cement, and aggregates and their certificates of origin shall be
approved by the Owner.
10.03 TESTING SAMPLES OF MATERIALS: The Contractor shall submit to the
Owner as many samples as may be needed for purposes of testing. Testing
of all samples shall comply with the Specifications and government
standards and shall be performed by a competent entity or testing
laboratory approved by the Owner.
All costs of shipment, delivery, handling and testing of Contractor-supplied
samples are to be paid by the Contractor.
10.04 QUALITY OF MATERIALS: Unless otherwise specified, all materials shall be
new and their quality shall be of the best grade of their respective kinds
taking into account the nature of the project and requirements of the
Contract.
10.05 STORAGE AND STOCKPILING OF MATERIALS:
a. The Owner shall provide the Contractor, at or near the project site,
sufficient space for the Contractor’s and Sub-contractors’ use for
storage of their materials and for erection of their sheds and tool
houses.

15
 b. All cement, lime, and other materials affected by moisture shall be
stored on platforms and protected from the weather. The materials
shall be so stored as to ensure the preservation of their quality and
fitness for the work. Stored materials shall be so located so as to
facilitate prompt inspection.
c. Should it be necessary at any time to move materials, sheds, or storage
platforms, the Contractor shall do so at this own expense.
10.06 DEFECTIVE MATERIALS: All materials not conforming to the Specifications
shall be considered defective. The Contractor shall remove or replace
defective materials when ordered to do so by the Owner. Upon the
Contractor’s failure to do so, the Owner may remove and replace them and
deduct the cost of removal and replacement from any money due or to
become due the Contractor. No materials, the defects of which have been
subsequently corrected shall be used until the Owner’s approval is given.
Should the Specifications, Drawings, Special Provisions and Supplementary
Specifications fail to provide any detail or description concerning the nature
and quality of the Work to be performed it should be understood that
generally accepted construction practice shall be followed.
10.07 IMPORTED MATERIALS, FIXTURES AND EQUIPMENT: The Contractor,
taking into consideration the Completion Time, shall make timely
arrangements for the purchase and delivery of all specified imported
materials, fixtures, appliances and equipment in order to avoid delay in the
completion of the Work.
No extension of time shall be allowed if, due to negligence or inadvertence
of the Contractor, such imported items arrive late.
10.08 OWNER’S APPROVAL: Unless specified to the contrary or unless the
Contractor’s submission is deficient, equipment, samples or materials
submissions shall be acted upon by the Owner within seven (7) working
days of submission by the Contractor.

ART. 11: MATERIALS, EQUIPMENT, FIXTURES, APPLIANCES AND FITTINGS

FURNISHED BY THE OWNER
Materials, equipment, fixtures, appliances and fittings specifically indicated
in the Contract shall be provided in accordance with the Owner-approved
construction schedule. Materials furnished by the Owner shall be deemed
acceptable for the purpose intended. The Contractor may continue to use
them until otherwise directed in writing by the Owner. No further test shall
be required unless the Owner directs otherwise and pays the cost of such
test. If the Contractor discovers any defect in materials furnished by the
Owner, he shall advise the Owner in writing. The Contractor shall be
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 responsible for material loss of or damage to any Owner-provided material,
equipment, fixture, appliance or fitting in his custody.

ART. 12: ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees on all patented
materials and processes furnished by him. He shall defend all suits or claims
corresponding thereto for infringement of any patent rights and shall save
the Owner harmless from loss on account thereof.

ART. 13: MANUFACTURER’S DIRECTIONS

All manufactured articles, materials, equipment, appliances, fixtures and
fittings supplied by the Contractor shall be applied, installed, connected,
erected, used, cleaned, and conditioned by him, in accordance with
manufacturer’s printed directions. Where reference is made to the
manufacturer’s directions, the Contractor shall submit the specified
number of copies of such directions to the Owner.

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ART. 14: USE OF PREMISES
14.01 LIMITATION OF USE: The Contractor shall confine his apparatus, the
storage of materials, and the operations of his workmen to limits indicated
by Law or directions of the Owner and shall not unreasonably encumber
the work premises with his materials.
14.02 SAFEGUARD FOR STRUCTURE: The Contractor shall not load or permit any
part of the structure to be loaded with a weight that will endanger its safety.
The Contractor shall enforce the Owner’s safety instructions regarding
signs, advertisements, fires and smoking.

ART. 15: TEMPORARY STRUCTURES AND FACILITIES

15.01 TEMPORARY OFFICE AND CONTRACTOR’S BUILDING: The Contractor
shall, taking into account the location and size of the site, at all times
provide and maintain an adequate weathertight temporary office with
necessary basic facilities such as water, light, and telephone. When
practicable or depending upon the nature and complexity of the project,
the Owner may require the Contractor to comply with other requirements
for temporary structures and facilities as provided for in the Contract.
15.02 TEMPORARY HOUSING FOR WORKERS: The temporary buildings for
housing men, or the erection of tents or other forms of protection will be
permitted only at such places as the Owner shall designate; provided,
however, that if no particular area is designated, the Contractor may use
his own discretion in determining such areas in consultation with the
Owner. The sanitary condition of the grounds in or about such structures
at the project site shall at all times be maintained in a manner satisfactory
to the Owner. Nobody shall be allowed to sleep or cook within the building
line of the project under construction.
15.03 SAFETY AND SANITATION: The Contractor shall, from the commencement
of the Work and until its completion: (a) furnish and put up all temporary
barricades and guard lights necessary for the protection, proper
prosecution and completion of the Work, (b) maintain guard lights at the
top of the falsework tower, barricades, railings, etc.; (c) provide and
maintain ample sanitary toilet accommodation and other necessary
conveniences including water connections for the use of personnel and
laborers on the work properly secluded from public observation in such
manner and at such points as shall be approved by the Owner, and their use
shall be strictly enforced; (d) keep such places clean and free from flies; and

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 (e) remove all connections and appliances connected therewith prior to the
completion of the Work.
15.04 TEMPORARY SIGNS: No signs or advertisements will be allowed to be
displayed without the Owner’s approval. The Contractor may erect one
painted sign, giving the names and addresses of the Owner, the Contractor,
and the various sub-contractors. The Owner shall approve the size, color,
lettering, and location of such temporary signs.
15.05 TEMPORARY OR TRIAL USAGE: Temporary or trial usage by the Owner of
any mechanical device, machinery, apparatus, equipment, or any work or
materials supplied by the Contractor before final completion and written
acceptance by the Owner shall not be construed as evidence that the
Owner has accepted it.
Such test run shall be made by the Owner for such reasonable length of
time, as the Owner shall deem necessary. The Owner shall not be liable for
injury to or breaking of any part of such work which may be caused by
weakness or inaccuracy of structural parts or by defective materials or
workmanship.
The Contractor may, at his own expense, make such trial usage with prior
notice to and for the benefit of the Owner.

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ART. 16: PROTECTION OF WORK AND OWNER'S PROPERTY
16.01 SAFEGUARD MEASURES: The Contractor shall:
a. take all reasonable measures to protect from damage (i) the Works, (ii)
the Owner's property, and (iii) the equipment, materials, appliances and
fixtures supplied or paid for by the Owner and shall make good any
damage, injury or loss thereto, except such as may be caused by agents
or employees of the Owner, or due to causes considered Act of God;
b. provide reliable and competent watchmen to guard the site and
premises, provide all doorways with locks under his control and lock
such doors at the close of each day's work; provided, however, that if
the Owner deems the security service inadequate or incompetent, the
Contractor shall increase or change the security personnel;
c. prohibit smoking at the site and signs to this effect shall be posted
conspicuously;
d. prohibit fires built on the site except by express consent of the Owner;
and
e. provide and maintain in good working order an adequate number of
fire-fighting equipment and such equipment shall not be used for any
other purpose.
16.02 OLD MATERIALS: All old materials of value as determined through a joint
inventory by the Owner and the Contactor found at the work site shall be
carefully stored at the place designated by the Owner; and the Contractor
shall be responsible for their safekeeping until final acceptance of the Work.
16.03 TREES AND OTHER PLANTS: Existing trees, plants, shrubs, etc., which are
to remain at the site shall be boxed and otherwise protected from damage.
No trees within the site located outside building lines shall be cut or
removed without the specific approval from the Owner.
a. When specifically included in the Contractor's scope of work, all trees
and other plants that need to be transplanted elsewhere shall be done
by the Contractor in accordance with instructions of the Owner.
b. Damage to trees, plants, shrubs, streets, sidewalks, etc., resulting from
fault or negligence of the Contractor in connection with the execution
of the Work shall be made good and/or replaced or repaired by the
Contractor at his own expense.

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 16.04 DRAINAGE: If it should be necessary in the prosecution of the Work to
interrupt or obstruct the natural flow of rivers or streams, the drainage of
the surface, or the flow of artificial drains, the Contractor shall do so in such
a way that no damage shall result to either public or private interests. For
his neglect to provide other means of drainage for any existing natural or
artificial drainage which he may have obstructed and/or interrupted, the
Contractor shall be liable for all damages which may result therefrom.

ART. 17: PROTECTION OF ADJACENT PROPERTY AND EXISTING UTILITIES

17.01 CONTRACTOR'S RESPONSIBILITY: The Contractor shall adequately protect
adjacent property as provided by Law and the Contract. Any neighboring
property or building which may be jeopardized in any manner must be
thoroughly and substantially protected against damage during construction
at the Contractor's expense.
17.02 The Contractor shall be liable for and pay for all damages to adjacent and
existing utilities occasioned in any manner by his act or neglect, or by that
of his agents, employees, or workmen.
17.03 CONDITION SURVEY: Prior to commencement of the Works, the
Contractor shall, insofar as is legally and physically possible, survey and
ascertain the condition of any existing adjacent properties or buildings and
record the results thereof through photographic record or by any other
means.

ART. 18: PROTECTION OF LIFE, WORK AND PROPERTY DURING AN EMERGENCY

18.01 AUTHORIZATION TO CONTRACTOR: In an emergency endangering life, the
Work or the adjoining property, the Contractor, even without special
instruction or authorization from the Owner, shall act, at his discretion, to
prevent or minimize such threatened loss or injury. Emergency work
performed by the Contractor shall be treated as one performed under a
Change Order unless the emergency was caused or brought about by his
fault or negligence.

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