Agreement With Builder For (Construction) Template for Philippines

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Key Requirements PROMPT example:

Agreement With Builder For (Construction)

"I need an Agreement With Builder For (Construction) for a five-story commercial building project in Manila, with specific provisions for typhoon-resistant construction methods and a completion deadline of March 2025."

Document background
The Agreement With Builder For (Construction) is a fundamental legal document used in the Philippine construction industry to establish and regulate the relationship between property owners and builders/contractors. This agreement is essential for any construction project in the Philippines, whether residential, commercial, or industrial. It must comply with various Philippine laws including the Civil Code, National Building Code, and Contractor's License Law. The document typically includes detailed specifications of the construction work, payment terms, project timeline, quality standards, and compliance requirements. It also addresses specific local considerations such as weather conditions, local building practices, and municipal permits. This agreement is particularly important in the Philippine context where construction projects must account for specific environmental factors, local building regulations, and industry practices unique to the region.
Suggested Sections

1. Parties: Identifies and provides full details of the Owner/Employer and the Builder/Contractor

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Work: Detailed description of the construction work to be performed

5. Contract Price and Payment Terms: Specifies the total contract price, payment schedule, and payment conditions

6. Project Timeline: Sets out construction schedule, milestones, and completion dates

7. Builder's Obligations: Lists all responsibilities and obligations of the builder

8. Owner's Obligations: Lists all responsibilities and obligations of the owner

9. Materials and Workmanship: Specifies quality standards for materials and work execution

10. Variations and Changes: Procedures for handling changes to scope, specifications, or timeline

11. Inspections and Approvals: Process for work inspection and approval stages

12. Warranties and Defects Liability: Warranty terms and process for addressing defects

13. Insurance and Securities: Required insurance coverage and performance securities

14. Permits and Compliance: Responsibility for obtaining permits and ensuring regulatory compliance

15. Termination: Grounds and procedures for contract termination

16. Dispute Resolution: Procedures for handling disputes between parties

17. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Site Safety and Security: Detailed safety protocols and security measures - include for large or high-risk projects

2. Environmental Protection: Environmental management requirements - include when project has significant environmental impact

3. Subcontractors: Rules and procedures for engaging subcontractors - include when subcontracting is anticipated

4. Force Majeure: Provisions for handling unforeseen events - important in areas prone to natural disasters

5. Intellectual Property: Protection of designs and innovations - include for projects with unique architectural features

6. Liquidated Damages: Predetermined damages for delays or breaches - include for time-sensitive projects

7. Retention Money: Terms for withholding and releasing retention - include for larger projects

8. Quality Assurance Program: Detailed quality control procedures - include for complex or high-value projects

9. Site Access and Facilities: Rules for site access and temporary facilities - include for projects in complex locations

Suggested Schedules

1. Schedule A - Construction Drawings and Specifications: Detailed technical drawings and specifications for the construction

2. Schedule B - Bill of Quantities: Itemized list of materials, quantities, and costs

3. Schedule C - Construction Schedule: Detailed timeline with milestones and critical path

4. Schedule D - Payment Schedule: Detailed breakdown of payment terms and milestones

5. Schedule E - List of Approved Materials: Specifications of approved construction materials and suppliers

6. Schedule F - Permits and Certificates: Copies of required permits, licenses, and certificates

7. Schedule G - Insurance Requirements: Detailed insurance specifications and certificates

8. Schedule H - Quality Control Plan: Detailed quality assurance and control procedures

9. Appendix 1 - Site Plan: Detailed plan showing site boundaries and layout

10. Appendix 2 - Safety Procedures: Comprehensive safety protocols and emergency procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Infrastructure

Commercial Development

Residential Development

Industrial Development

Healthcare

Education

Hospitality

Retail

Manufacturing

Government and Public Works

Relevant Teams

Legal

Operations

Construction

Project Management

Procurement

Finance

Risk Management

Compliance

Property Development

Quality Assurance

Facilities Management

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Administrator

Chief Executive Officer

Property Developer

Facilities Manager

Procurement Manager

Risk Manager

Operations Director

Chief Financial Officer

Development Manager

Site Supervisor

Quality Control Manager

Compliance Officer

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental legal framework for contracts, including provisions on obligations and contracts, warranties, and liabilities
National Building Code of the Philippines (Presidential Decree No. 1096): Sets standards for building design, construction, use, occupancy, and maintenance to ensure public safety
Construction Industry Authority of the Philippines (CIAP) Law (Presidential Decree No. 1746): Regulates the construction industry and establishes standards for construction activities
Contractors' License Law (Republic Act No. 4566): Requires licensing of contractors and regulates their qualifications and responsibilities
Labor Code of the Philippines (Presidential Decree No. 442): Governs employment relationships, working conditions, and workers' rights in construction projects
Environmental Impact Statement System (Presidential Decree No. 1586): Requires environmental impact assessments for construction projects that may affect the environment
Local Government Code (Republic Act No. 7160): Provides for local government requirements and permits needed for construction projects
Government Procurement Reform Act (Republic Act No. 9184): Applies to government construction projects and public-private partnerships
National Internal Revenue Code: Governs taxation aspects of construction contracts including VAT, withholding tax, and other tax obligations
Anti-Graft and Corrupt Practices Act (Republic Act No. 3019): Ensures transparency and prevents corruption in construction contracts, especially those involving government projects
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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