UAP DOC.

301 GENERAL CONDITIONS

Rebudal.Revilla.Salon.Seculles.Tud. Masbate
UAP DOC. 301 GENERAL CONDITIONS
GENERAL CONDITIONS defines the relationship among the Owner, the
Architect and the Contractor and stipulates the norms by which the Contractor shall
perform his work.
SECTION 1. DEFINITIONS AND DOCUMENTS
ARTICLE 1. DEFINITIONS
Contract Documents
a.) Agreement
b.) General Conditions
c.) Special Provisions
d.) Specifications
e.) Drawings
2.
Owner the person or entity ordering the project for execution.
3.
Architect Architect commissioned by the Owner.
Engineer the person or his representative duly authorize to act for the engineer.
Project Representative the full time construction inspector hired by the Owner
duly authorized in writing to assist the Architect and the Engineer in the supervision
of the work.
Contractor the person or firm whose proposal has been accepted and to whom
the Contract awarded.
Sub-contractor anyone having a direct contract with the Contractor who acts for
and in behalf of the contractor in executing any part of the Contract, not including
one who merely furnishes materials without labor.
Surety is the person, firm or corporation who provides guarantee for the
contractors bond.
Proposal the offer of a bidder to perform the work described by the contract
documents when made out and submitted on the prescribed proposal form properly
signed and guaranteed.
Proposal Bond the cashiers check or surety bond accompanying the proposal
submitted by the bidder, as a guarantee that the bidder will enter into a contract
with the owner for the construction of the work, if the contract is awarded to him.
Performance Bond is the approved form of security furnished by the Contractor
as a guarantee of good faith on the part of the contractor to execute the work in
accordance with the terms of the Contract.
Payment Bond is the approved form of security furnished by the Contractor and
his surety as guarantee of good faith on the part of the contractor to execute the
work in accordance with the terms of the Contract.
Guarantee Bond is the approved form of surety as a guarantee to the quality of
the materials and the equipment installed and the workmanship performed by the
contract.
Agreement is the contract between the owner and the contractor undertaking
the project described in the contract including all the supplemental agreements
thereto and all general and special provisions pertaining to the work or materials
there from.

Advertisement or Invitation to Bid the notice published by the owner for the
invitation issued to prospective bidders, giving information as to the nature of the
propose project, conditions for the bidding and estimated cost.
Bid Bulletin additional information issued to bidders before date of bidding.
Instructions to Bidders list of instructions stipulating the manner on how bids
are to be prepared and conditions for the award of contracts.
Drawings graphical presentations of the work. Include supplementary details and
shop drawings.
General Conditions printed document stipulating the procedural and
administrative aspects of the Contract.
Special Provision instructions maybe issued prior to the bidding to supplement
and/or modify drawings, specs or the General Conditions of the Contract.
Specifications are written or printed descriptions of works to be done describing
qualities of materials and mode of constructions.
Supplementary Specs additional information which maybe issued as an addition
or amendment to the provision of specifications.
Schedule of Material Finishes an outline specifications enumerating the type
or trade names of materials to be used.
Breakdown of work corresponding value list of different parts of the work
indicating the corresponding value in materials, labor, profit and overhead.
Written Notice information, advice or notifications pertinent to the project sent
in person or by mail.
Act of God or Force Majeure earthquakes, flood, typhoon, cyclones and other
phenomena of nature and all misfortunes and accident which human prudence
cannot foresee or predict. Rain, wind flood or natural phenomenon of
inconsequential degree shall not be construed as force majeure.
Time Limits duration of time allowed by the contract for the completion of the
project.
Local Laws all laws, ordinances and other governmental regulations applicable to
the project.
Work the term work of the contractor includes labor or materials or both as well
as equipment, transportations or other facilities necessary to commence and
complete the constructions called for in the contract.
Furnish means Purchase and/or fabricated and deliver to the jobsite.
Install to build in, mount in position, connect or apply any object specified ready
for the intended use.
Provide to furnish and install.
Required or necessary shall mean as required or necessary for the complete
execution of that portion of the work.
Approved, directed and acceptable or works of like import shall mean
approved, directed by or acceptable to the architect unless otherwise stipulated in
the contract.
Singular or plural in all cases where a device, item or part of equipment is
referred to in the singular no., it is intended that such devices, items or parts as are
required to complete the work.

ARTICLE 2. EXECUTIONS, CORRELATIONS AND

INTENT OF DOCUMENTS

Signature on Documents the contract document shall be signed in quintuplicate

by the owner and the contractor duly witnessed.
All works shall conform to the contract documents.
- Specs shall control in case of conflict with drawings.
- Detailed specs shall control in case of conflict with general specs.
- Any discrepancy found between drawings and specs and site conditions or
any errors or omission in the drawings or specs shall be promptly corrected at the
contractors risk.
The Contractor shall keep at the site one copy of each of all drawings,
specifications, breakdown of work and all instructions and graphs.
Contract Documents shall be the property of the architect.
ARTICLE 3. DRAWINGS AND SPECIFICATIONS
The Owner shall furnish the Contractor three sets of drawings and specs free of
charge the rest at the expense of the contractor.
Drawings and specifications shall form part of the contract documents.
All clarifications on the drawings and specifications shall be forwarded to the
architect.
In case of discrepancy, the figures or drawings, the matter shall be submitted
immediately to the architect.
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
1. Details drawings and instructions are essential for the proper execution of the
work. The architect shall furnish such additional detailed drawings and instructions
if necessary and should not be cause of delay.
ARTICLE 5. SHOP DRAWINGS
The contractor shall submit 2 copies of shop drawings for the architects approval.
If not approved, the contractor shall make the required corrections and changes and
resubmit shop drawings, in duplicate until the architects approval is obtained.
SECTION 2. LAWS, REGULATIONS, SITE CONDITIONS, PERMITS AND TAXES
ARTICLE 6. LAWS, REGULATIONS AND SITE CONDITIONS
The contractor shall comply with all the laws, city and municipal ordinances and
NBC, firms furnishing utilities such as water, telephone and electricity.
If the Contractor performs any work contrary to such laws without notice to the
architect, he shall bear all cost arising therefrom.
ARTICLE 7. PERMITS, TAXES, SURVEYS
Permits, taxes related to the project, surveys shall be at the expense of the
contractor unless otherwise stipulated in the contract.
Final certification shall be submitted upon completion of the work before final
payment is made.
Section 3
Equipment and materials
Article 8 - General
1. Materials and equipment must conform to all laws, ordinances and regulations
and building codes
Article 9 - Equipment
1. The Contractor shall furnish the complete list of proposed substitutions prior to
the signing of the contract
Article 10 Materials, Fixtures, Appliances and Fittings furnished by the Contractor
1. Samples of materials shall be submitted to the architect for approval.
2. No substitution shall be made for any material, article or process required under
the contract unless approved by the architect

Article 11 Materials, Fixtures, Appliances and Fittings furnished by the owner

1. If the contractor discovers any defect in materials furnished by the owner, he
shall immediately notify the architect
Article 21 Time of Completion of Work
Notice to Proceed work shall commence 7 days after the receipt of Notice to
Proceed
2. Contract time shall commence on the 7th day from receipt of Notice to Proceed,
unless otherwise stipulated in the contract.
3. The Contractor shall give written notice to the architect at least 10 days prior to
the beginning, suspending (except in case of accident) or resuming the work.
4. Liquidated Damages payments made as penalty for everyday delay of work as
per agreed completion
Article 22
2. When 50% of the contract has been accomplished, no further retention shall be
made on the balance of the contract.
9. No payment shall be made in excess of 65% of the contract prize unless a sworn
statement is submitted by the contractor to the effect that all bills for labor and
materials have been duly paid.
Article 22
10. The Contractor shall submit the following before Final Payment is to be released:
Certificate of Final building occupancy
Certificate of final inspection of electrical, telephone, sanitary, mechanical, water,
safety and other utilities.
Original and 3 sets of prints of As Built Drawings of the finished project.
3 copies of directory of panel boards with list of circuits, instructions and manuals
for operating and maintenance of fixtures and equipment and keying schedule
Guarantee bond equivalent to 30% of the contract prize covering a period of 1 year
after the final acceptance of the work
Article 22
14. Release of retention - within 3 months after the date of final payment
Article 27 Contractors Right to Suspend Work or Terminate Contract
The Contractor may suspend work or terminate work upon 15 days
written notice to the Owner and the Architect for any of the following
reasons:
If an order of any court or other public authority caused the work to be stopped or
suspended for a period of 90 days through no act or fault of the contractor or his
employees
If the Architect should fail to act upon the Request for Payment within fifteen days
after it is presented in accordance with the General Conditions of the Contract
If the Owner should fail to act upon the Request for Payment or Certificate of
Payment within fifteen days after its certification by the Architect
If the Owner should fail to pay the Contractor any sum within 30 days after its
award by arbitration
Article 28 Owners Right to Terminate Contract
Sufficient cause to justify termination of the Contract shall deem to exist
whenever the Contractor does any of the following:
Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.

Disregard or violate provisions of the Contract Documents or Architects

instructions, or failed to execute the work according to the agreed Schedule of
Completion, including extensions thereof.
Disregard or violate provisions of the Contract Documents or Architects
instructions, or failed to execute the work according to the agreed Schedule of
Completion, including extensions thereof.
Fail to provide a qualified superintendent, competent workmen or sub-contractors or
proper materials
Fail to make prompt payment to sub-contractors, workmen or material dealers
Article 29 Owners Right to Proceed Work After Takeover Contractor
The Contractor, upon receiving Notice of Termination of Contract, shall vacate
possession and deliver the said work peacefully to the Owner.
The Owner shall then take over the work and proceed the same by administration of
otherwise
ARTICLE 30: CONTRACTORS RESPONSIBILITY FOR ACCIDENTS AND DAMAGES
1. The owner shall not be responsible for the death or injury of any employee or
labourer of the contractor.
ARTICLE 31: CONTRACTORS INSURANCE AND BONDS
1. Contractors Liability Insurance
2. Contractors Fire Insurance
3. Contractors Performance Bond -15% of the Contract Amount for the faithful
performance of his contract. To be released 2 months from Acceptance of Work and
after submission of Guarantee Bond.
4. Contractors Payment Bond -15% of the Contract Amount covering payments
and obligations arising from the contract. To be released 2 months from Acceptance
of Work and after submission of Guarantee Bond.
5. Contractors Guarantee Bond -30% of the total Contract Cost for a period of 1
year to start from the date of Acceptance as a guarantee that all materials and
workmanship installed under Contract are of good quality.
ARTICLE 32 OWNERS RESPONSIBILITIES AND LIABILITIES
1. The owner shall be responsible for the personal injury or death of persons under
his services that are assigned for the Project.
SECTION 10. AUTHORITY OF ARCHITECT, ENGINEERS, AND PROJECT
REPRESENTTIVES
ARTICLE 34 ARCHITECTS STATUS
1. The Architect shall be the Owners representative during the construction period
and shall observe the work in process on behalf of the Owner.
2. The Architect shall decide any and all questions which may arise as to the
interpretation of Drawings and Specs and shall be the interpreter of the conditions
of the Contract.
ARTICLE 35 AUTHORITY AND RESPONSIBILITY OF THE ENGINEERS
1. The Engineers shall be solely responsible for
their respective designs,
computations and other professional services they rendered in connection with
preparation of the drawings and specs.
2. The Engineer shall inspect the work and report to the Architect any discrepancy
between such work and said drawings and specs.

SECTION 11. SCHEDULE OF LIMITS

3. Request for Drawing No claim for delay shall be allowed on the account of
failure to receive drawings until 2 weeks after demand for such drawings.
4. Contract Sum Breakdown to be submitted within 15 days from receipt of
Notice to Proceed.
5. Claim for Extra Cost notice to be given to the Architect within 15 days.
a. From receipt of instruction involving extra cost.
b. After recognition of delay due to Owners default.
6. Architects action on payment request within 15 days from receipt of
request for payment.
7. Owners action on payment request within 15 days from date of Architects
approval of payment request.
8. Release of Retention within 3 months from date of Final Payment.
9. Correction after Final Payment within 15 days after written notice by the
Owner.
10. Disputes if Architect fails to render a decision within 15 days after parties
have presented their evidence, either party may demand for arbitration.
11. Contract Liability Insurance Insurance policy shall not be cancelled by the
Insurance company without 10 days Notice to Owner of intention to cancel.