CIAP DOCUMENT 102:

UNIFORM GENERAL
CONDITIONS OF CONTRACT
FOR PRIVATE
CONSTRUCTION
GROUP
BAUN, IVY JOY M.
BAUN, GIA OHLI ANN M.
GONZALES, CHRISTINE JOY
ABELAR, PAUL JUSTINE
ALEJANDRO, MIKE JELO
 SECTION I. DEFINITIONS AND DOCUMENTS
ART. 1: DEFINITIONS
1.01 ACT OF GOD OR FORCE MAJEURE includes an event which cannot be foreseen, or which
though foreseen, was inevitable. Rain, wind, flood or other natural phenomenon of
inconsequential degree for the locality shall not be construed as an Act of God or 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.
 SECTION I. DEFINITIONS AND DOCUMENTS
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.

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND 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. Drawings
d. Specifications
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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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 DRAWINGS are graphical presentations of the Work. They include all
supplementary details and shop drawings.

1.15 FINAL PAYMENT refers to the payment of the final progress billing and all approved
claims including but not limited to those variations in the work, Contract Price adjustments
and/or escalation, acceleration of work, and others. It does not include the retention
money.
 SECTION I. DEFINITIONS AND DOCUMENTS

1.16 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.

1.17 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.

1.18 LAWS refers to all laws, ordinances and other governmental rules and
regulations applicable to the project and to its execution.

1.19 OWNER is the person or entity or authorized representative thereof who signed
the Contract as Owner.

1.20 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.
 SECTION I. DEFINITIONS AND DOCUMENTS

1.21 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.

1.22 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.

1.23 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.
 SECTION I. DEFINITIONS AND DOCUMENTS

1.24 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.

1.25 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.

1.26 SUB-CONTRACTOR is a contractor duly registered and licensed by the Philippine

Contractors Accreditation Board having a direct contract with the Contractor who acts for or
in behalf of the Contractor in executing any part of the Contract. One who merely furnishes
materials without labor is a supplier and not a Sub-Contractor.
 SECTION I. DEFINITIONS AND DOCUMENTS

1.27 SUPPLEMENTARY SPECIFICATIONS refers to additional information which may

be issued as an addition to or amendment of the provisions of the Specifications.

1.28 SURETY is the person, firm or corporation which issues the bond required of the
Contractor.

1.29 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.

1.30 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.
 SECTION I. DEFINITIONS AND DOCUMENTS

1.31 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 in the performance of his duties, he must act with justice, give the other
party his due, and observe honesty and good faith.
 SECTION I. DEFINITIONS AND DOCUMENTS

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 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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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) figures written on Drawings shall prevail over the Drawings themselves; and
(c) calculated dimensions shall prevail over scaled dimensions.

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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) Drawings;
(e) Specifications;
(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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

RULE 7: Rules 1 to 6 shall yield to specific rules of interpretation in this document or in

the Contract.

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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 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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.

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."
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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
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 nothwithstanding 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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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 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
acknowledgment 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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS
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.
 SECTION I. DEFINITIONS AND DOCUMENTS
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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION I. DEFINITIONS AND DOCUMENTS
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.
 SECTION I. DEFINITIONS AND DOCUMENTS

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.
 SECTION II. LAWS, REGULATIONS, SITE CONDITIONS,
PERMITS AND TAXES 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.
 SECTION II. LAWS, REGULATIONS, SITE CONDITIONS,
PERMITS AND TAXES ART. 6: LAWS AND SITE CONDITIONS

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 a sales,
consumer, use, or other similar tax related or pertinent only to the construction of the
project, the Contractor shall pay such tax.
 SECTION II. LAWS, REGULATIONS, SITE CONDITIONS,
PERMITS AND TAXES ART. 6: LAWS AND SITE CONDITIONS

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.
 SECTION II. LAWS, REGULATIONS, SITE CONDITIONS,
PERMITS AND TAXES ART. 6: LAWS AND SITE CONDITIONS

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 batterboards 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.
 SECTION II. LAWS, REGULATIONS, SITE CONDITIONS,
PERMITS AND TAXES ART. 6: LAWS AND SITE CONDITIONS
7.03SERVICES 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.
 SECTION III. EQUIPMENT AND MATERIALS
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.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL
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.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL
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 labeled, bearing the material's name and quality, the Contractor's
name, date, project name, and other pertinent data.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL

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.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL
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.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL
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.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL
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.

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.

b. Should it be necessary at any time to move materials, sheds, or storage platforms,

the Contractor shall do so at his own expense.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL
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.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL

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.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL

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 responsible for material loss of or
damage to any Owner-provided material, equipment, fixture, appliance or fitting in his
custody.
 SECTION III. EQUIPMENT AND MATERIALS
ART. 8: GENERAL
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
 SECTION IV. PREMISES AND TEMPORARY
STRUCTURES 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.
 SECTION IV. PREMISES AND TEMPORARY
STRUCTURES ART. 14: USE OF PREMISES
. 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.
 SECTION IV. PREMISES AND TEMPORARY
STRUCTURES ART. 14: USE OF PREMISES

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.
 SECTION IV. PREMISES AND TEMPORARY
STRUCTURES ART. 14: USE OF PREMISES
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 (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.
 SECTION IV. PREMISES AND TEMPORARY
STRUCTURES ART. 14: USE OF PREMISES
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 material or workmanship.

The Contractor may, at his own expense, make such trial usage with prior notice to and
for the benefit of the Owner
 SECTION V. PROTECTION OF WORK AND
PROPERTY
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;
 SECTION V. PROTECTION OF WORK AND
PROPERTY
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.
 SECTION V. PROTECTION OF WORK AND
PROPERTY
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.
 SECTION V. PROTECTION OF WORK AND
PROPERTY

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.

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 or interrupted,
the Contractor shall be liable for all damages which may result therefrom.
 SECTION V. PROTECTION OF WORK AND
PROPERTY
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.
 SECTION V. PROTECTION OF WORK AND
PROPERTY
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.