AGREEMENT FOR PERIMETER FENCE CONSTRUCTION
This AGREEMENT for the PERIMITER FENCE CONSTRUCTION ("AGREEMENT") made and
effective this NOVEMBER 8, 2024, by and between REXIE FLORES ("OWNER") and MARK
CHRISTIAN ALTERADO ("CONTRACTOR").
CONTRACTOR desires to provide fencing services to OWNER, and OWNER desires to utilize
the services of CONTRACTOR for the perimeter fence.
NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties
hereto agree as follows:
1. Perimeter Fence Construction.
CONTRACTOR agrees to render perimeter fence construction to OWNER, and OWNER
agrees to receive services. The project is located at Nagbayan, Castillejos, Zambales.
2. Price.
OWNER shall pay CONTRACTOR under this AGREEMENT the sum for each phase of work.
OWNER shall make payment of the price in the following delivery of services by
CONTRACTOR as provided herein, subject to OWNER’s right of inspection as set forth in
Section 8 below.
2.1 Phases of Work
2.1.1 PHASE 1: Perimeter Fence and Gate ( ₱391,144.00 )
2.2 Terms of Payment, applicable for each phase of work
2.2.1 Down payment one week before the commencement of phase of work: 40% (₱ 156,547.6)
2.2.2 Progress Billing: 60%
Prices of billing amounts shall not exceed the prices stated on the AGREEMENT without the
written consent of OWNER. The prices stated cover the Project Specification
Except for additional requirement not stated herewith, OWNER will not be responsible for any
charge not shown in the specifications without OWNER’s prior written consent to such charges
in advance.
3. Time.
The period of this Perimeter Fence Construction is from _____________ to _______________.
If completion is delayed beyond the time indicated herein due to CONTRACTOR’s insolvency,
OWNER reserves the right without liability (in addition to its other rights and remedies) to
cancel this AGREEMENT by written notice, or verbal notice confirmed in writing (which notice
shall be effective when received by or communicated to CONTRACTOR) and to charge
CONTRACTOR for the repair works not done against the advance payment.
4. Rendering the Perimeter Fence Construction.
CONTRACTOR shall render the Perimeter Fence Construction according to the project
specification. The risk of loss from any casualty, regardless of cause, shall be upon the
CONTRACTOR until the completion of the construction. However, CONTRACTOR shall not be
liable for any special, indirect, incidental or consequential damages arising out of or connected
with this AGREEMENT.
5. Fabrication
OWNER shall not be responsible for any of CONTRACTOR’s commitments for fabrication in
advance of the time necessary to meet delivery dates herein unless agreed to by OWNER in
writing in advance.
6. OWNER’s Property
Unless otherwise agreed in writing, all drawings, specifications and any other property furnished
to CONTRACTOR by OWNER or paid for by OWNER for use in the performance of this
Construction shall be and remain the sole property of OWNER.
7. Quality Assurance
CONTRACTOR warrants that the quality of construction work pursuant to this Perimeter Fence
Construction shall be of good workmanship, free from defects, and shall conform to the
specifications, drawings or samples specified or furnished by OWNER. This warranty shall
survive any inspection, delivery, acceptance or payment by OWNER.
8. Right of Inspection
OWNER shall have the right to inspect the Perimeter Fence Construction at OWNER’s facility.
OWNER must give notice to CONTRACTOR of any claim with respect to the condition, quality
or grade of the Perimeter Fence Construction or non‐conformance to this AGREEMENT,
specifying the basis of the claim in detail. CONTRACTOR may, at its option, inspect OWNER’s
facilities to confirm that the Perimeter Fence Construction do not conform. In the event the
Perimeter Fence Construction do not conform to this AGREEMENT, OWNER’s sole remedy
and CONTRACTOR’s sole obligation shall be at CONTRACTOR’s option to redo the work at
CONTRACTOR’s expense. If construction materials are damaged due to non‐conformity,
CONTRACTOR may use the available surplus materials. OWNER shall be responsible for
additional but considerable amount of materials that are not covered by the Bill of Materials,
constituting customary quantity variations, other than those resulting from CONTRACTOR’s
poor performance or negligence.
9. Assignment
CONTRACTOR shall not delegate any duties nor assign any rights or claims under this
Perimeter Fence Construction without the express prior written consent of OWNER. Any
assignment or delegation made without OWNER’s consent shall be null and void.
10. Compliance with Law
OWNER is responsible to comply with the provisions of all local laws, regulations, rules and
ordinances applicable this Perimeter Fence Construction. CONTRACTOR shall be responsible
for the fair labor standards or statutes and any statute or regulation regulating occupational
safety and health.
11. Final Agreement
This AGREEMENT terminates and supersedes all prior understandings or agreements on the
subject matter hereof. This AGREEMENT may be modified only by a further writing that is duly
executed by both parties.
14. Headings
Headings used in this AGREEMENT are provided for convenience only and shall not be used to
construe meaning or intent.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first above written.
REXIE FLORES
OWNER
MARK CHRISTIAN ALTERADO
CONTRACTOR
