UAP DOCUMENT 301: GENERAL CONDITIONS

SECTION 1: DEFINITIONS
CONTRACT DOCUMENTS consists of the following:
1. Agreement
2. General conditions
3. Special provisions
4. Specifications
5. Drawings
OWNER person ordering the proect for e!ec"tion
ARCHITECT commissioned #$ the owner
ENGINEER person so named in the contract doc"ment
PROJECT REPRESENTATIVE f"ll time constr"ction inspector hired #$ owner assisting in the
s"pervision of the wor%.
CONTRACTOR person or firm whose proposal has #een accepted & contract awarded
SUB-CONTRACTOR having direct contact with contractor' acts in #ehalf of the contractor in
e!ec"ting an$ part of the contract
SURETY person' firm' or corporation providing g"arantee for contractor(s #onds
PROPOSAL offer of a #idder
PROPOSAL BOND cashier(s chec% or s"ret$ #ond with the proposal s"#mitted #$ the #idder to
g"arantee that the #idder will enter into the contract.
PERFORMANCE BOND )15*+ approved form of sec"rit$ f"rnished #$ the contractor as a
g"arantee to e!ec"te wor% in accordance with terms of the contract.
PAYMENT BOND )15*+ approved form of sec"rit$ f"rnished #$ the contractor as g"arantee to
pa$ all o#ligations arising from the contract
GUARANTEE BOND )15*+ approved form of sec"rit$ f"rnished #$ the contractor to g"arantee
to the ,"alit$ of materials and wor%manship performed.
AGREEMENT contract #etween owner and contractor "nderta%ing the proect
ADVERTISEMENT/ INVITATION TO BID notice or invitation iss"ed to #idders giving information
of the magnit"de and e!tent of the proect' nat"re' etc.
BID BULLETIN additional information on contract doc"ments
INSTRUCTION TO BIDDERS list of instr"ctions on preparation & conditions for award of
contract
DRAWINGS graphical representation of wor%
GENERAL CONDITIONS printed doc"ments stip"lating proced"ral and administrative aspects of
the contract
SPECIAL PROVISIONS instr"ctions that s"pplement or modif$ drawings' specs' & general
conditions of the contract.
SPECIFICATIONS written or printed description of wor% descri#ing ,"alities of materials and
mode of constr"ction
SUPPLEMENTARY SPECS addt(l info iss"ed as an addition or amendment to provisions of
specs.
SCHEDULE OF MATERIALS AND FINISHES o"tline specs en"merating t$pe and trade names
of materials "sed
BREAKDOWN OF WORK AND CORRESPONDING VALUES list of wor% and corresponding
val"e in materials & la#or incl"ding profit and overhead allowance.
WRITTEN NOTICE info' advice or notification pertinent to the proect
ACT OF GOD/ FORCE MAJEURE catastrophes' phenomena of nat"re' misfort"nes and
accidents which h"man pr"dence cannot foresee or prevent.
TIME LIMITS d"ration of time allowed #$ the contract for proect completion
LOCAL LAWS laws' ordinances' and government reg"lations applica#le to the proect
WORK incl"des la#or and materials' e,"ipment' transportation' fac"lties necessar$ for
completion of the proect
FURNISH - .p"rchase and/or fa#ricate and deliver to the o#site0
INSTALL #"ild in' mo"nt in positions' connect or appl$
PROVIDE .f"rnish and install0
S123456 2: 171283456' 25991:A3456 A6D 463163 5; D528<163S
Doc"ments signed in !"#$!%&"'($) #$ owner and contractor d"l$ witnessed.
4ntent of contract doc"ments prescri#e the complete wor%
- 4ntention is to incl"de la#or' materials' e,"ipment and transportation necessar$ for
completion and 1!ec"tion
Specs shall ta%e control in discrepancies in drawings and specs.
1
An$ discrepancies' errors and omissions shall #e reported to the architect or engineer. An$ wor%
done involving errors are the contractor(s ris%.
Architect or engineer shall f"rnish additional detail drawings and instr"ctions consistent to contract
doc"ments.
2ontractor and architect and engineer shall ointl$ prepare a sched"le in accordance to progress of
wor%.
2ontractor shall %eep a cop$ of all drawings' specs' #rea%down of wor%' and sched"le of
constr"ctions wor%' instr"ctions at the site.
Drawings' specs' and models are propert$ of the architect and are to #e ret"rned at completion of
wor% and #efore final pa$ment to the contractor is made
A9342:1 3: D9A=46GS A6D S>12S
5wner shall f"rnish contractor 3 *)$* +, -.(/"#0* (#- *%)'* for free.
Drawings and models m"st cooperate with specs to form as part of the contract doc"ments.
;ig"res are to #e followed in preference to meas"rement and scale.
3he contractor shall e!plain and verif$ an$ do"#t as to the meaning of the drawings and specs.
1. 4f there is a conflict in #oth drawings and specs' the contractor' with the architect(s
permission' shall s"#mit to the owner proposals as to which method or material is re,"ired.
4f the less e!pensive wor% is done' the contractor shall credit the owner the amo"nt
e,"ivalent to the difference of the e!pensive and less e!pensive wor%.
2. 3he contractor m"st first refer to the architect #efore proceeding with the wor%.
Discrepancies in fig"res' drawings m"st #e referred to the architect #efore an$ ad"stment #e
made #$ the contractor. 3he decision of the architect will govern and m"st #e followed #$ the
contractor.
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S"pplementar$ drawings and instr"ctions shall #e promptl$ s"pplied #$ the architect and m"st
conform to contract doc"ments. 2ontractor shall do no wor% witho"t proper drawings and
instr"ctions.
2ontractor and architect shall prepare a sched"le a when detail drawings will #e re,"ired.
A9342:1 5: S?5> D9A=46GS
2ontractor shall prepare at his own e!pense and s"#mit 1 '+%")* +, (&& *2+% -.(/"#0* to the
architect' who will ma%e the necessar$ corrections' and file the corrected copies.
2ontractor shall chec% drawings #efore s"#mitting to s"#-contractors.
Shop drawings shall represent:
1. =or%ing and erection dimension
2. Arrangements and sectional views
3. 6ecessar$ details
4. @inds of materials and finishes
Shop Drawings shall #e dated and contain:
1. 6ame of proect
2. Descriptive names of e,"ipment' materials and classified item n"m#ers
3. :ocation at which materials or e,"ipment are to #e installed.
Drawings shall #e accompanied #$ a letter of transmittal containing name of proect' contractor'
n"m#er of drawings' titles and other pertinent data.
2ontractor shall s"#mit 3 *)$* +, %."#$* +, *2+% -.(/"#0* to the architect for approval. 1 cop$
shall #e ret"rned to the contractor with necessar$ corrections.
1. 2ontractor shall ma%e corrections and res"#mit "ntil approved #$ the architect.
2. 2ontractor shall insert date of approval on tracings and f"rnish the architect with 3
additional prints of approved drawings.
3. 6o wor% #e done witho"t architect(s approval.
4. 2ontractor shall mention specific variations of shop drawings from contract doc"ments in
his letter of s"#mittal.
2ontractor is responsi#le for acc"rac$ of shop drawings.
SECTION 1: LAWS3 REGULATIONS3 AND SITE CONDITIONS
A9342:1 A: :A=S' 91G8:A3456S' A6D S431 256D43456S
2ontractor shall compl$ with all laws and reg"lations governing the proect. 4f ever he resists
witho"t the %nowledge of the architect' he shall #ear the conse,"ences.
Before #idding' the contractor m"st visit the site and ma%e estimates of facilities and diffic"lties
attending to the scope of wor% and its e!ec"tion.
A9342:1 C: >19<43S' 3A71S A6D S89D1ES
All permits and licenses necessar$ shall #e sec"red and fees paid #$ the contractor #"t ma$ #e
reim#"rsed from the owner' if s"ch agreement e!ists #eforehand. 2ontractor is responsi#le if
constr"ction starts witho"t necessar$ permits.
2ontractor will sec"re the occ"panc$ permit.
2ontractor will pa$ ta!es pertinent to constr"ction of the proect.
2
5wner is responsi#le for esta#lishment of #o"ndaries made #$ a licensed s"rve$or. ?e ma$
delegate the responsi#ilit$ to the contractor #"t the owner m"st pa$ for s"rve$or(s fees.
1. 2ontractor shall verif$ all grades' lines and levels as indicated on drawings.
2. 2ontractor shall provide #atter #oards and maintain them. ?e shall esta#lish grade mar%s
at each floor line.
3. 2ontractor shall la$o"t e!act location of partitions.
2ontractor shall pa$ the services of the s"rve$or when so re,"ired to confirm location of col"mns'
piers' etc. re,"ired #$ the contract. 2op$ of certification shall #e f"rnished #$ the architect and will
represent as an independent verification of the la$o"t.
1. 2ontractor shall f"rnish certifications from the s"rve$or that all partitions of wor% are in
accordance with contract re,"irements.
2. S"rve$or shall verif$ and certif$ to lines and levels of an$ portion of wor% an$ time deemed
necessar$ #$ the architect.
;inal verification shall #e s"#mitted "pon completion of wor% #efore pa$ment is made.
SECTION 3: E4UIPMENT AND MATERIALS
A9342:1 F: G1619A:
All materials and e,"ipment m"st conform to all laws governing the proect.
2ontractor shall o#tain necessar$ permits and pa$ fees covered within period of constr"ction.
2ontractor shall #ear an$ and all damages #$ reason of an$ dela$ in wor%.
A9342:1 G: 1H84><163
Architect and engineer m"st refer to e,"ipment #$ catalog"e n"m#er and name.
1. 2ontractor shall f"rnish complete lists of s"#stit"tions prior to signing of contract.
2. 2ontractor shall a#ide #$ architect and engineer(s "dgment when proposed items of
e,"ipment are "dged to #e accepta#le. General contractor shall s"#mit proposals for
s"#stit"tions in writing.
2ontractor shall f"rnish 3 '+%")* +, '+5%&)$) '($(&+0!) -($( for ever$ item of e,"ipment.
1. S"#mission shall #e compiled #$ contractor.
2. Data sheet or catalog"e shall #e inde!ed according to specification' section and paragraph.
3. S"#mission shall #ecome part of the contract.
4. 2atalog"e data does not s"percede contract doc"ments.
5. 4t is contractor(s responsi#ilit$ that items #e f"rnished fit the space availa#le.
A. 2ontractor(s responsi#ilit$ to install e,"ipment to operate properl$.
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6ames of proposed man"fact"rers' material men and dealers shall #e s"#mitted to the architect for
approval.
1. 6o man"fact"rer shall #e approved "nless he has a good rep"tation' capacit$ and
ade,"ate ,"alit$ control.
2. 3ransactions shall #e made thro"gh the contractor.
3. 2ontractor shall provide man"fact"rers with complete sets of specs and drawings.
4. <an"fact"rer shall have materials s"pplied #$ him properl$ coded or identified in
accordance with e!isting standards.
2ontractor shall f"rnish samples specified for approval.
16 3 *(5%&)* *2(&& 7) *!75"$$)-6
2. Samples shall #e la#eled' #earing material name and ,"alit$.
3. 4f specs re,"ire man"fact"rer(s installation directions' directions shall accompan$ samples
for approval.
4. 3 '+%")* +, &)$$). +, $.(#*5"$$(& from contractor shall accompan$ all samples.
5. 3ransportation charges to architect(s office m"st #e prepaid.
A. 6o orders of materials are to #e made witho"t architect(s approval.
6o s"#stit"tion for materials #e made witho"t architect(s approval.
Samples for materials to #e "sed for s"#stit"tion shall #e approved #$ architect.
2ontractor shall s"#mit samples for testing to the architect.
All costs for shipping' handling and testing of samples are to #e paid #$ the contractor.
H"alit$ of materials "sed shall #e of #est grade and new otherwise specified.
2ontractor shall provide space for s"#contractors( storage and wor% force.
All materials affected #$ moist"re shall #e stored and protected from the weather.
<oving materials will #e done at the contractor(s e!pense.
Defective materials or materials not conforming to specs shall #e "sed "pon approval. 3he
architect shall have the a"thorit$ to remove or replace s"ch ded"cting the cost from the contractor.
2ontractor shall pa$ for ro$alties and license fees on patented materials f"rnished #$ him.
All materials shall #e applied and installed following the man"fact"rer(s directions.
SECTION 8: PREMISES AND TEMPORARY STRUCTURE
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2ontractor shall confine materials to limits indicated #$ law.
3
2ontractor shall not load or permit an$ part of the str"ct"re to #e loaded with a weight that will
disregard the safet$ of others.
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OFFICE AND CONTRACTOR9S BUILDING wooden floor raised a#ove gro"ndJ room of (%%.+:6
11 *656 for the architect'
HOUSING FOR WORKERS tents or protection on designated areas.
SANITARY FI;TURES AND 1
ST
AID STATION ample sanitar$ toilets and other conveniences
incl"ding water connections.
TEMPORARY BARRICADES AND GUARD LIGHTS necessar$ for proper prosec"tion and
completion of wor%. :ights located at false wor% tower to #e provided #$ contractor.
TEMPORARY WATER3 POWER3 AND TELEPHONE FACILITIES provided #$ contractor
thro"gh arrangements with local "tilit$ companies. All e!penses paid #$ the contractor
TEMPORARY SIGNS no advertisements to #e displa$ed witho"t architect(s approval.
TEMPORARY ROADWAYS provide proper access
TEMPORARY STAIRS3 LADDERS3 RAMPS3 (#- RUNWAYS s"ch shall meet re,"irements of
local laws.
TEMPORARY ELEVATORS AND HOISTS install ade,"ate n"m#er of elevators and hoists
located at s"fficient distance from e!terior walls.
TEMPORARY ENCLOSURES e!terior doors shall #e e,"ipped with self-closing hardwareJ
windows e,"ipped with remova#le sash frames.
TEMPORARY OR TRIAL USAGE privilege of owner.
REMOVAL OF TEMPORARY STRUCTURES contractor shall remove all temporar$ str"ct"res
erected #$ him and shall clean premises as condition of completing the wor%.
SECTION <: PROTECTION OF WORK AND OWNER9S PROPERTY
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3he contractor shall maintain and protect owner(s propert$ from damage.
1. 3he contractor shall provide /($'25)# )competent eno"gh for the architect+ and provide
all doorwa$s /"$2 &+'=*. 4t is the contractor who shall loc% and close the doors after each
da$(s wor%.
2. 6o smo%ing e!cept on designated areas. 6o #"ilding of fires e!cept with the consent of the
architect.
3. 2ontractor shall provide #arrels of water and #"c%ets for the main p"rpose of fire protection
and sho"ld not #e "sed for an$ other reason.
4. 2ontractor shall provide ade,"ate n"m#er of fire e!ting"ishers.
5ld materials of val"e shall #e piled in areas designated #$ the owner or architect and are in the
responsi#ilit$ of the contractor.
1!isting trees and shr"#s are to #e #o!ed and protected from damage. 2"tting of trees in site m"st
have consent of the architect.
1. >lants needed to #e transplanted within <0 5)$).* m"st #e done at the e!pense of the
contractor.
Damage to trees' etc shall #e made good #$ the contractor at his own e!pense.
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2ontractor shall protect adacent propert$ and e!isting "tilities as provided #$ law and contract
doc"ments at his own e!pense. ?e is lia#le and m"st pa$ for all damages #$ his acts and
negligence or #$ his emplo$ees.
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4n cases of emergenc$ where a life is at sta%e' the contractor ma$ have the power to act witho"t
cons"ltation. An$ compensation claimed #$ the contractor shall #e determined #$ agreement or
ar#itration.
SECTION >: LABOR3 WORK AND PAYMENTS
A9342:1 1G: :AB59
3he contractor m"st emplo$ competent and efficient wor%men and m"st act' "pon re,"est of the
architect' to discharge or remove an$ emplo$ee deemed incompetent. Sho"ld the contractor fail to
do so' the architect ma$ withhold pa$ment or s"spend wor% "ntil s"ch orders are complied with.
3he s"pervisor m"st #e a licensed engineer or architect who will wor% personall$ and "#*%)'$ ($
&)(*$ +#') ( /))=6
3he contractor shall %eep a competent proect engineer who will represent the contractor in his
a#sence. ?is decisions are #inding to the contractor and he has f"ll a"thorit$ to e!ec"te the orders
or directions of the architect.
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3he contractor shall "se methods and appliances necessar$ to complete the wor% within
contract time.
4
1. 3he architect ma$ order the contractor to increase efficienc$ or improve s$stem of
operation. ;ail"re of the architect to demand s"ch does not relieve contractor of his
lia#ilit$ to the contract.
2. 3he contractor shall f"rnish approved f"ll information and evidence of appliances "sed
if re,"ired.
Sta%es' #enchmar%s placed #$ contractor shall #e grad"all$ preserved and maintained #$ the
2ontractor. 4f s"ch are displaced or damage d"e to neglect' the contractor m"st replace them
at his own e!pense.
3he owner' architect and representatives shall have access to wor% for inspection. 2ontractor
shall provide proper facilities for access and inspection.
1. 3he contractor shall give the architect and part$ a notice of its readiness for inspection.
4f wor% sho"ld #e covered "p witho"t approval' the architect ma$ "ncover it for
e!amination at contractor(s e!pense.
2. 9e-e!amination of wor% ma$ #e ordered #$ the architect and "ncovered #$ the
contractor. 4f wor% is fo"nd not in accordance with the contract' the contractor shall pa$
for the cost.
3. 2ontractor shall f"rnish promptl$ witho"t additional charge all facilities' la#or' and
materials necessar$ for safe inspection witho"t dela$ing sched"le of wor%.
4. 3he architect ma$ e!amine wor% alread$ completed #efore final acceptance. 4f wor% is
fo"nd defective d"e to contractor(s fa"lt' he shall defra$ all the e!penses of s"ch
e!amination and satisfactor$ reconstr"ction. 4f wor% is fo"nd to #e satisfactor$' ('$!(&
'+*$ +, &(7+. (#- 5($)."(&* "# ):(5"#($"+# %&!* 1<? shall #e allowed the contractor
and granted e!tension time on acco"nt of additional wor%.
2ontractor shall perform an$ wor% d"ring an emergenc$. ?e ma$ inform the architect and engineer
of the emergenc$ as soon as practica#le.
Ad"stment of drawings to s"it field conditions ma$ #e necessar$ d"ring constr"ction. 3he contract
recogniLes the essence of this as long as res"lting overr"ns and "nderr"ns -+ #+$ ):'))- <?6
Discrepancies shall #e s"#mitted immediatel$ to the architect #efore ad"stments.
3he owner ma$ at an$ time change or alter #$ adding or ded"cting from wor% witho"t invalidating
the contract #$ stating the changes to #e made in writing.
4f s"#-s"rface conditions that are different from that on the drawings are discovered' the architect
m"st #e informed immediatel$. ?e m"st investigate and ma%e the necessar$ changes in the
drawings and specs.
4f changes in wor% ma$ ca"se an increase or decrease in the amo"nt d"e' the contract shall #e
modified in writing and the contractor shall f"rnish proportionate additional performance #ond.
Dal"e of e!tra wor% shall #e determined #$ the following:
1. 1stimate and acceptance in l"mp s"m
2. 8nit prices stip"lated in contract provided that the e!tra -+)* #+$ ):'))- 10? of the
original contract details.
3. A'$!(& -".)'$ '+*$ %&!* 1<? for contractor(s profit' overhead and contractor(s ta!.
2ontractor shall present a correct acco"nt of costs with vo"chers. 3he architect will certif$
the 15* allowance for overhead and profit of the contractor.
2laim of ad"stment m"st #e asserted /"$2"# 1< -(@* from date of the order of change "nless
architect will e!tend the time.
Architect shall have the a"thorit$ to ma%e minor changes in the wor% not involving e!tra cost.
5wner reserves to right to emplo$ other persons to perform the e!tra wor%.
4f an$ instr"ctions in drawings involve e!tra cost' the contractor will inform the architect thro"gh
written notice /"$2"# 1< -(@* after the receipt of s"ch instr"ction. 4f dela$s inc"r in mo#iliLation of
wor%' the contractor m"st give the architect a written notice /"$2"# 1< -(@* after recognition of
dela$ and proceed to claim the e!tra cost.
2ontractor shall %eep the premises free of waste materials from the acc"m"lation of wor%. After the
wor% is completed' he shall remove all his r"##ish' scaffolding' s"rpl"s materials and t"rn over the
wor% to the occ"pants with:
1. All dirt' stains from floors' walls' ceiling' etc. removed.
2. All woodwor%' hardware and metalwor% cleaned and polished.
3. All glaLing' mar#le and tile wor% washed and polished.
3he owner has the right to "se the completed portions of the wor% regardless of the time of
completion of wor%.
8pon notice of completion of wor% from the contractor' the architect shall immediatel$ inspect the
proect. 4f the wor% is s"#stantiall$ complete )not less than GF* is finished+' the architect shall iss"e
a ').$","'($) +, '+5%&)$"+# of wor% in respect to the wor%.
>rior to the iss"ance of the certification of completion' the contractor m"st e!ec"te a written
"nderta%ing to finish an$ wor% d"ring the period of <a%ing Good of @nown Defects or ;a"lts
)%)."+- +, #+$ 5+.) $2(# >0 -(@*+.
3he contractor shall e!ec"te at his own e!pense all wor% necessar$ for ma%ing good of %nown
defects within the %)."+- +, >0 -(@* (,$). $2) "**!(#') +, $2) ').$","'($) +, '+5%&)$"+# or
5
/"$2"# 1< -(@* (,$). "$* ):%".($"+# as a res"lt of the inspection #$ the architect. 4f the owner is
responsi#le for the defect' the val"e of wor% will #e regarded and paid for as additional wor%.
3he contractor shall search for ca"se of an$ defects and fa"lts in the proect. 4f the ca"se of the
defect is something the contractor is not lia#le for' the owner will pa$ for the cost of wor% carried
o"t #$ the contractor. B"t if the ca"se #inds the contractor lia#le' the cost of searching' repair'
rectification and ma%e good of s"ch defect shall #e #orne #$ him.
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=ritten notice to proceed wor% shall #e given to the contractor following the e!ec"tion of the
contract agreement.
2ontractor shall complete all the wor% contracted in the time stated. 2omp"tation of the contract
time shall commence on the A
$2
-(@ ,.+5 .)')"%$ +, $2) #+$"') $+ %.+'))-6
2ontractor shall s"#mit the sched"le of wor% in 2>< form or an$ form accepta#le to the architect'
indicating the appro!imate dates each item will #e started and completed' for approval.
2ontractor will #e allowed an e!tension #ased on the following reasons:
1. Dela$ d"e to the emplo$ees of the owner and the owner himself' act of god or force
mae"re' dela$ #$ the architect pending ar#itration' the contractor shall /"$2"# 1< -(@*
,.+5 $2) +''!..)#') +, *!'2 -)&(@ file the necessar$ re,"est of e!tension for the
approval of the architect. 6o e!tension of time shall #e granted for fail"re of owner to
f"rnish materials "nless the$ #e re,"ired for proper e!ec"tion of wor% or contractor
shall have made re,"est for them 1I da$s #efore the$ are act"all$ needed.
2. W."$$)# '+#*)#$ +, 7+#-*5)# m"st #e attached to an$ re,"est for e!tension and
s"#mitted to the owner.
3. 4f there is increase in wor% and the contract time is "nreasona#l$ short' the time
allowance for e!tension and increases shall #e agreed "pon in writing.
4. 4f no sched"le or agreement stating "pon which drawings shall #e f"rnished is made'
then no claim for dela$ shall #e allowed on the acco"nt of fail"re to f"rnish drawings
"ntil 2 wee%s after demands for s"ch drawings.
5. 4f wor% is interr"pted for an$ reason' it m"st #e res"med on the removal of the ca"se of
dela$.
A. 2ontractor shall s"#mit written notice to the architect at least 10 -(@* prior to
#eginning' s"spending or res"ming the wor% to the end that the architect ma$ ma%e
preparations for inspection witho"t dela$ing the wor%. All dela$s res"lting from fail"re of
the contractor are the contractor(s ris%. All e!tra costs d"e to s"ch dela$ will #e
ded"cted from the final pa$ment.
4f fail"re to complete wor% at the said contract time' the contractor will pa$ the owner the li,"idated
damages in the amo"nt stip"lated in the contract agreement.
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3he contractor shall' /"$2"# 1< -(@* ,.+5 .)')"%$ +, #+$"') $+ %.+'))-' s"#mit a complete
#rea%down of wor% and corresponding val"e for approval and will #e "sed as #asis for all re,"ests
for pa$ment.
3he contractor shall s"#mit a re,"est for pa$ment for wor% done' not more than once each month.
1ach re,"est shall #e comp"ted from the wor% completed on all items listed in the #rea%down of
wor%' &)** 10? .)$)#$"+#. =hen <0? +, $2) '+#$.('$ 2(* 7))# (''+5%&"*2)-3 #+ .)$)#$"+#
*2(&& 7) 5(-).
3he contractor' at his own e!pense' shall f"rnish the architect progress photographs which shall #e
ta%en monthl$.
1. >hotograph siLe shall #e >B 7@ CB. ;o"r e!pos"res shall #e ta%en )2 copies for each
e!pos"re M F+' a total of F prints to #e delivered to the architect' and all negatives #earing
the date of e!pos"re and name of wor%.
2. 6o partial pa$ment ma$ #e considered for approval witho"t the pict"res accompan$ing
re,"est for pa$ment.
1< -(@* !%+# .)')"%$ +, $2) .)!)*$ ,+. %(@5)#$' the architect shall either iss"e a certificate of
pa$ment or withhold the re,"est and inform the contractor in writing the reasons for withholding it.
3he certificate of pa$ment shall incl"de the val"e of wor% accomplished d"ring the period of time
covered #$ the certificate.
3he architect ma$ recommend withholding of pa$ment on an$ of the following:
1. Defective wor% not remedied.
2. 9easona#le evidence indicating pro#a#le filing of claims.
3. ;ail"re of contractor to ma%e pa$ments to s"#-contractors or for material and la#or.
4. 9easona#le do"#t that the contract can #e completed for the #alance then "npaid.
5. Damage to another contractor.
3he architect shall estimate the val"e of wor% "sing the #rea%down of wor% and corresponding
val"es as a #asis. 1stimates of the architect are considered final and concl"sive evidence of the
amo"nt of wor% performed and shall #e #asis for the f"ll meas"re of the compensation of the
contractor' #"t #ear in mind that the estimates are appro!imate onl$.
W"$2"# 1< -(@* ,.+5 $2) -($) +, (%%.+D(& +, ( .)!)*$ ,+. %(@5)#$ (#- "**!(#') +,
').$","'($) +, %(@5)#$' the owner shall pa$ the amo"nt as certified' or s"ch other amo"nt he
6
deems is d"e the contractor informing #oth the contractor and architect in writing his reasons for
pa$ing the amended amo"nt.
3he contractor shall pa$ promptl$ his wor%men' materials and e,"ipment "sed' ta!es and remit all
amo"nt withheld from salaries and wages of his emplo$ees. 4f re,"ired #$ the owner' the contractor
shall swear #efore an officer d"l$ a"thoriLed to administer oath that all persons who have done
wor% and all materials f"rnished have #een paid for.
6o pa$ments shall #e made "# ):')** +, ><? +, $2) '+#$.('$ %."') "nless a notariLed statement
is s"#mitted #$ the contractor to the effect that all #ills for la#or' other than c"rrent wages' and #ills
for materials have #een paid.
3he contractor shall promptl$ remove from the premises all wor% condemned #$ the architect as
failing to conform to the contract. ?e shall replace and re-e!ec"te his own wor% in accordance to
the contract doc"ments at his own e!pense.
3he contractor shall s"#mit the following #efore final pa$ment is made:
1. 2ertificate of final #"ilding occ"panc$
2. 2ertificate of final inspection of "tilities
3. 5riginal and 3 sets of prints of .as-#"ilt-drawings0 of electrical' sanitar$' gas' telephone and
mechanical wor%s.
4. 3 copies of director$ of panel #oards and list of circ"its.
5. 3 copies of instr"ctions and man"al for operating fi!t"res and e,"ipment.
A. 3 copies of %e$ing sched"le.
C. G!(.(#$)) 7+#- )!"D(&)#$ $+ 30? +, $2) '+#$.('$ %."') '+D)."#0 ( %)."+- +, 1 @)(.
after the final acceptance of the wor%.
3he architect shall proceed to verif$ the wor%' ma%e final estimates' certif$ the completion of wor%
and accept the same.
1. 3he owner shall then pa$ the contractor the remainder of the fee provided that the final
pa$ment of the contract shall not #e made "ntil the contractor has s"#mitted a sworn
statement showing that all ta!es d"e from him' all materials and la#or have #een d"l$ paid.
2. 3he ma%ing and acceptance of the final pa$ment shall constit"te a waiver of all claims #$
the contractor.
3he final certificate of pa$ment nor an$ provisions ma$ relieve the contractor of responsi#ilit$ for
fa"lt$ materials. ?e shall remed$ defects and pa$ for the damage' which will appear within a $ear(s
period from date of acceptance of wor% #$ the owner.
6o provision ma$ limit the contractor(s lia#ilit$ to defects.
3he owner shall give notice of o#served defects with reasona#le promptness. All ,"estions shall #e
decided #$ the architect whose decision shall #e s"#ect to ar#itration.
3he amo"nt retained #$ the owner shall #e released 3 5+#$2* (,$). $2) -($) +, $2) ,"#(&
%(@5)#$.
SECTION A: CONTRACTOR-SEPARATE CONTRACTOR-SUB-CONTRACTOR RELATIONSHIP
A9342:1 23: S1>A9A31 25639A23S 35 53?19 25639A2359S
5wner reserves the right to let other contractors in connection to the wor%.
A9342:1 24: 25639A2359-S1>A9A31 25639A2359S 91:A3456
3he contractor shall provide other contractors the opport"nit$ for introd"ction and storage of
materials and shall properl$ connect and coordinate his wor% with theirs.
3he contractor shall do the c"tting' patching and fitting re,"ired of his wor% and m"st #e fit to #e
received #$ wor% of other contractors.
An$ cost ca"sed #$ defective wor% shall #e #orn #$ the part$ responsi#le. 3he contractor shall not
endanger an$ wor% #$ c"tting' etc. or c"t and alter an$ wor% done #$ the s"#-contractor witho"t the
architect(s consent.
3he contractor shall promptl$ inform the architect of an$ defects done #$ the s"#-contractors. ?is
fail"re to inspect and report shall constit"te an acceptance of proper e!ec"tion of wor% #$ the s"#-
contractor.
Sho"ld the contractor ca"se an$ damage of the wor% done #$ the s"#-contractors' #oth parties will
settle as s"ch #$ an agreement and relieve the owner of an$ lia#ilit$' which ma$ arise there from.
A9342:1 25: S8B-25639A23S
At least 1< -(@* prior to the date of #idding' the contractor shall see% the architect(s clarification as
to which partic"lar areas for which the competence of the s"#-contractor shall #e s"#ect to
eval"ation #$ the architect where after' the contractor ma$ s"#mit a list of prospective s"#-
contractors for the architect(s approval.
3he contractor is responsi#le for the acts of his s"#-contractors and persons directl$ emplo$ed #$
them.
A9342:1 2A: 25639A2359-S8B-25639A2359S 91:A3456S
3he contractor agrees:
1. 3o #e #o"nd to the s"#-contractor #$ all the o#ligations ass"med #$ the owner to the
contractor "nder the contract doc"ments.
2. 3o pa$ the s"#-contractor' "pon the pa$ment of certificates.
7
3. 3o pa$ the s"#-contractor' to s"ch e!tent as ma$ #e provided #$ the contract doc"ments.
4. 3o pa$ the s"#-contractor on demand for his wor% or materials as far as e!ec"ted and fi!ed
in place less the retained percentage at the time the certificate sho"ld #e iss"ed.
5. 3o pa$ the s"#-contractor ad"st share of an$ fire ins"rance mone$ received #$ the
contractor.
A. 3o ma%e no demand to the s"#-contractor for li,"idated damages or penalt$ for dela$ in
an$ s"m in e!cess of the amo"nt stated in the s"#-contract.
C. 3o give the s"#-contractor an opport"nit$ to #e present and to s"#mit an$ evidence in an$
ar#itration involving his rights.
3he s"#-contractor agrees:
1. 3o #e #o"nd to the contractor #$ the terms of agreement in the contract doc"ments and to
ass"me toward him all o#ligations ass"med to him #$ the owner.
2. 3o s"#mit to the contractor application for pa$ment in s"ch reasona#le time as to ena#le
the contractor to appl$ for pa$ment.
3. 3o ma%e all claims for e!tensions' e!tras' and for damages for dela$s to the contractor.
3he contractor and s"#-contractor agree that their rights and o#ligations and all proced"re shall #e
analogo"s to those set forth in the contract.
SECTION C: SUSPENSION OF WORK AND TERMINATION OF THE CONTRACT
A9342:1 2C: 25639A2359(S 94G?3S 35 S8S>16D =59@ 59 319<46A31 25639A23
3he contractor ma$ s"spend or terminate wor% "pon 1< -(@* /."$$)# #+$"') to the owner and
architect for the following:
1. 5rder of co"rt or p"#lic a"thorit$ ca"sed the wor% to stop or *!*%)#*"+# ,+. E0 -(@*
thro"gh no act of the contractor and emplo$ees.
2. 4f architect fails to act "pon re,"est for pa$ment /"$2"# 1< -(@* (,$). %.)*)#$)-.
3. 4f owner fails to act "pon re,"est for pa$ment /"$2"# 1< -(@* (,$). %.)*)#$)-.
4. 4f owner fails to pa$ the contractor /"$2"# 30 -(@* after its award #$ ar#itration.
A9342:1 2F: 5=619(S 94G?3 35 319<46A31 25639A23
3he owner' "pon certification of the architect "stif$ing his action' ma$ terminate the contract with
the contractor /"$2"# 1< -(@* /."$$)# #+$"') and s"ret$ of the contractor if an$ and ta%e
possession of the premises' tools' materials' etc.
3he owner shall terminate contract #ased on the following:
1. 4f contractor declares #an%r"ptc$ or assign assets to creditors.
2. Disregard or violate provisions of the contract doc"ments or fail to prosec"te wor%
according to sched"le.
3. ;ail to provide ,"alified s"perintendents' wor%man' s"#-contractors and materials.
4. ;ail to ma%e pa$ments to s"#-contractors' wor%men and dealers.
A9342:1 2G: 5=619(S 94G?3 35 >95211D A;319 =59@ 3A@15D19 ;95< 25639A2359
3he contractor' "pon receipt of notice of termination' shall vacate position and wor% stated in the
notice. All materials' e,"ipment' etc. shall remain' at the option of the architect' for completion of
wor%.
3he owner shall ta%e over the wor% and proceed in administration.
3he architect will ascertain and fi! the val"e of wor% completed #$ the contractor.
1. 4f e!pendit"res of owner on completion of wor% incl"ding all charges prior to termination of
the contract are not in e!cess of the contract price' the difference #etween total
e!pendit"res and contract price ma$ #e applied to settle claims' and the #alance ma$ #e
paid to the contractor.
2. 6o amo"nt in e!cess of the com#ined val"e of completed wor%' retained percentage' and
"sa#le materials shall #e paid.
3. 4n case of s"spension of wor%' all "npaid wor% and e!penses inc"rred d"ring s"spension
shall #e eval"ated #$ the architect and paid for #$ the owner.
3he f"ll e!tent of damage the contractor and/or his s"reties shall #e lia#le shall #e:
1. 3otal dail$ li,"idated damages "ntil the date the owner ta%es over wor%.
2. 1!cess cost inc"rred #$ owner in completion of the proect over the contract price' which
incl"des administrative services' s"pervision and inspection.
SECTION E: RESPONSIBILITIES AND LIABILITIES OF CONTRACTOR AND OF OWNER
A9342:1 3I: 25639A2359(S 91S>56S4B4:43E ;59 A224D163S A6D DA<AG1S
3he contractor shall ta%e necessar$ preca"tions for the safet$ of emplo$ees. 3he contractor shall
erect #arriers' s"pports' #races' shoring' danger signs and necessar$ safeg"ards to protect
wor%men from an$ accident and damage in the conse,"ence of his wor%.
3he contractor shall designate a mem#er of his organiLation whose d"t$ shall #e prevention of
accidents and damage to the owner(s propert$ and adoining propert$ and his name and position
will #e reported to the architect.
3he owner shall not #e responsi#le for the following:
1. Death of disease contracted #$ contractor or emplo$ees
2. 2ontractor(s plant or materials
8
3. Damages ca"sed #$ the contractor to an$ propert$ of the owner and adoining propert$
All damages are the contractor(s responsi#ilit$.
3he contractor shall indemnif$ and save harmless the owner against all losses and claims'
demands' pa$ments' s"its' actions' recoveries and "dgment #ro"ght or recovered against him.
2laims for pa$ment and repairs for damages shall #e settled #$ the contractor at his own e!pense.
A9342:1 31: 25639A2359(S 46S89A621 A6D B56DS
3he contractor shall sec"re and maintain s"ch ins"rance from a compan$ accepta#le to the owner.
?e shall not commence wor% "ntil he has o#tained ins"rance and shall have filed the certificate of
ins"rance or the certified cop$ of the ins"rance polic$ to the owner. 3he polic$ will not #e cancelled
prior to 10 -(@*9 /."$$)# #+$"') to the owner of intention to cancel.
3he contractor shall f"rnish a performance #ond of e,"al to 1<? +, $2) '+#$.('$ (5+!#$ and 1<?
%(@5)#$ 7+#- covering pa$ments and o#ligations arising from the contract' as form of s"reties for
the owner and will remain in effect "ntil replaced #$ the 0!(.(#$)) 7+#-.
3he owner will release the performance and pa$ment #onds after the e!piration of 1 5+#$2* from
the final acceptance of wor%. 5nl$ after shall the contractor f"rnish a g"arantee #ond in the amo"nt
of 30? +, $2) $+$(& '+#$.('$ '+*$ and shall #e for a period of 1 @)(. commencing from the date of
acceptance of wor% g"aranteeing the ,"alit$ of wor% and materials.
2ontractor(s g"arantee-warrant$:
1. 3he contractor shall sec"re warranties from s"#-contractors and deliver copies to the
owner "pon completion of wor%.
2. 3he contractor shall warrant all wor% performed #$ him where g"arantee is re,"ired.
3. 3he contractor shall warrant and g"arantee for a period of 1 @)(. +. ,+. &+#0). %)."+-* *+
%.+D"-)- "# $2) *%)'* all materials and wor%manship installed "nder the contract.
4. 3he contractor here#$ agrees to ma%e repairs to correct defective wor% within a period of <
-(@* (,$). /."$$)# #+$"') at his own e!pense within the agreed period of warrant$.
5. 3he owner ma$ have the defective wor% done and charge the cost against the amo"nt
retained' if the wor% costs more than the retained amo"nt' the contractor and his s"reties
will pa$ the remaining #alance.
A9342:1 32: 5=619(S 91S>56S4B4:4341S A6D :4AB4:4341S
3he owner' altho"gh optional' shall #e responsi#le and maintain s"ch ins"rance to protect him from
personal in"r$ incl"ding disease and death of persons "nder his emplo$ment' etc.
3he owner and architect shall give a list of personnel assigned to the proect who need to #e
covered #$ ins"rance and amo"nt of coverage.
A9342:1 33: :416S' D4S>831 A6D A9B439A3456
Before release of the final pa$ment and retained percentage' the contractor m"st deliver to the
owner a complete release of all liens arising o"t of the contract' or receipts in f"ll lie".
Assignment:
1. 3he contract shall not #e assigned #$ the contractor witho"t prior written consent of the
owner and s"ch consent shall not relieve the contractor from responsi#ilit$ and lia#ilit$ of all
terms and conditions of the contract.
2. 3he owner(s consent of s"#-letting of wor% shallJ not #e granted "ntil the contractor
f"rnishes the owner with evidence that the s"#-contractor has ample ins"rance to the same
e!tent.
3. 3he contractor shall e!onerate' indemnif$ and save harmless the owner form an$ loss and
e!pense ca"sed #$ s"#-letting.
4. 4n case of transfer witho"t previo"s consent' the owner ma$ ref"se to carr$ o"t the
contract' #"t rights to #reach the contract is reserved to the owner and the contractor.
2laim for damages shall #e made in writing to the part$ lia#le within a reasona#le time and not
later than the final pa$ment and shall #e ad"sted #$ agreement or ar#itration.
Disp"tes:
1. 3he architect shall ma%e decisions on all claims of owner and contractor on all matters
relating to the progress and e!ec"tion of wor% or interpretation of contract doc"ments.
2. 3he architect' whose decision is final' will decide disp"tes' concerning ,"estions of fact
arising "nder the contract.
3. if the architect fails to render a decision within 1< -(@* (,$). %(.$")* %.)*)#$)- $2)".
)D"-)#')' either part$ ma$ demand ar#itration.
All disp"tes' claims' ,"estions s"#ect to ar#itration shall #e settled in accordance with the
provisions of this 8A> doc"ment.
9