CONTRACT AGREEMENT
This Contract Agreement (“Contract”) is entered into September 9, 2020
(“Effective Date”), by and between FRITZ BATONGBAKAL, with an address of San
Gabriel, Sta. Maria Bulacan (“Contractor”) and DADO CUNANAN, with an
address of _______________________________, (“Customer”), collectively the “Parties.”
1. Construction Services. Customer wishes to obtain the Contractor’s
services to perform the following work. Detailed plans and specifications
to be attached to this Contract.
i. Construction of 1 storey 3 bedrooms residential building (122
sq. m) (as per plan)
ii. Construction of infinity pool (61sqm) (with pumps, filters etc.)
iii. Construction of perimeter fence (122 linear meter) (as per
plan)
iv. Construction of facilities and amenities such as:
Gazebo (as per plan)
Outdoor shower (as per plan)
Outdoor comfort room (as per plan)
Bar and billiard area (as per plan)
Floor level seats (as per plan)
i. 5. Construction of outdoor flooring (as per plan) tile finished
ii. 6. Landscaping
(“Services”).
The Services are to be performed at the following address:
_____________________________________________________________________
(“Property”).
Contractor agrees to furnish the labor, materials, and supplies necessary
to perform the Services in accordance with the terms and conditions
contained in this Contract. Upon completion of the Services, Contractor
will remove all materials, supplies, and other debris.
2. Changes in the Services. Customer may request reasonable changes to
the Services described in Section 1. Any changes to the Services must be
in writing and signed by both Contractor and Customer. Customer agrees
that any changes to the Services may result in additional charges and
extend the Construction Schedule described in Section 3.
3. Construction Schedule. Contractor will complete the Services in
accordance with the following schedule. Customer agrees that all dates
are subject to change if Customer requests any changes or additions to
the Services. Completion date is further subject to weather conditions.
Start Date: as soon as permits are release
Full Completion Date:
4. Payment Schedule. Customer agrees to pay Contractor the Total
Payment specified below for the Services in accordance with the following
schedule:
Upon execution of the Contract: _______________________
Upon completion of ___ % of the Services:
_______________________
Upon completion of all Services: _______________________
TOTAL AMOUNT DUE:
______________________________________________
( In Words)__________________________________________
Contractor agrees to provide Customer a breakdown of all costs (i.e.,
materials and labor) upon Customer’s request.
5. Obligations.
Contractor Obligations. Contractor will obtain, at its own cost, all
necessary permits and approvals to perform the Services. Contractor
agrees to provide Customer lien waivers, lien releases, and/or
acknowledgement of full payment upon receipt of each payment laid out
in the Payment Schedule in Section 4 above. Contractor will take all
reasonable safety precautions in performing the Services. Contractor will
comply with all applicable laws, ordinances, rules, regulations, and orders
of public authorities for the safety of persons and property.
Customer Obligations. Customer will provide Contractor, its employees,
agents, and subcontractors, reasonable access to the Property for the
purpose of performing the Services. Customer agrees to keep the
Property clear of all known and potential hazards. Customer further
agrees to keep all pets out of the work area of the Property.
6. Subcontractors. Contractor may engage subcontractors to perform work
at its discretion, provided that Contractor shall fully pay any
subcontractor and in all instances remain responsible for the proper
completion of this Contract.
7. Events Beyond Contractor’s Control. Customer agrees that if the
Contractor is unable to complete the Services by the Completion Date
because of reasons that were not caused by the Contractor (i.e.,
availability of necessary supplies, materials, etc.) or because of events
beyond the Contractor’s control (such as labor issues, fire, flood, acts of
God, vandalism, etc.), Contractor will not be deemed to have breached
this Contract and the time for Contractor to complete the Services will be
extended by the amount of time reasonably necessary for Contractor to
complete the Services and at a schedule agreeable to the Parties. The
time for Customer to pay Contractor for the Services will be extended in
the same manner.
8. Liability Waiver. If Contractor, any of it’s employees, contractors, agents,
or the like are injured in the course of performing the Services, Customer
is exempt from liability for those injuries to the fullest extent allowed by
law.
9. Termination. Customer can terminate the Contract by giving written
notice: (a) if Contractor commits any material breach of this Contract and
fails to correct the breach within 10 days of notice of the breach; or (b) if
there is any repeated failure by Contractor to provide the Services of an
acceptable standard and to the reasonable satisfaction of Customer.
Contractor can terminate the Contract by giving written notice: (a) if
Customer fails to make the payments required and set forth in Section 4
within 5 days of notice of failure to make a payment; or (b) if Customer
commits any other material, non-financial breach and fails to correct the
breach within 10 days of notice of the breach.
10.Entire Agreement. This document reflects the entire agreement between
the Parties and reflects a complete understanding of the Parties with
respect to the subject matter. This Contract supersedes all prior written
and oral representations. The Contract may not be amended, altered or
supplemented except in writing signed by both Contractor and Customer.
11.Dispute Resolution and Legal Fees. In the event of a dispute arising out
of this Contract that cannot be resolved by mutual agreement, the Parties
agree to engage in mediation. If the matter cannot be resolved through
mediation, and legal action ensues, the successful party will be entitled to
its legal fees, including, but not limited to its attorneys’ fees.
12.Severability. If any provision of this Contract shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to
be valid and enforceable. If the Court finds that any provision of this
Contract is invalid or unenforceable, but that by limiting such provision it
would become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
13.Waiver. The failure of either party to enforce any provision of this
Contract shall not be construed as a waiver or limitation of that party’s
right to subsequently enforce and compel strict compliance with every
provision of this Contract.
14.Applicable Law. This Contract shall be governed and construed in
accordance with the laws of the state where the Property is located,
without giving effect to any conflicts of laws provisions.
BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES HAVING READ AND
UNDERSTOOD THIS CONTRACT AND THAT CUSTOMER IS SATISFIED WITH THE
TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. CUSTOMER SHOULD
NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. CUSTOMER IS
ENTITLED TO A COPY OF THIS CONTRACT.
The Parties agree to the terms and conditions set forth above as demonstrated by
their signatures as follows:
“CONTRACTOR”
Signed: _____________________________________
By: ________________________________________
Date: _______________________________________
“CUSTOMER”
Signed: _____________________________________
By: ________________________________________
Date: ______________________________________
