OWNER-ARCHITECT AGREEMENT

DESIGN-BUILD SERVICES – OWNER SUPPLIED MATERIALS

(LABOR DELIVERY & SUPERVISION)
Ref.: UAP Document 200, P.R.C. SPP Documents 202 & 207, R.A. No. 9266 & R.A. 9285

PROJECT :
LOCATION :
OWNER :
ARCHITECT :

THIS AGREEMENT, Made on ______________, 2021 between ____________________________and

_______________________________ address at _________________________ the First Party, shall be
called the OWNER, and _______________________, represented by the Principal Architect-Owner,
__________________________________ a Registered and Licensed Architect, with office address at
___________________________________, the Second Party, shall be called the ARCHITECT.

The OWNER and the ARCHITECT agree as follows:

ARTICLE 1. SCOPE OF WORKS

The scope of works to be done for the __________________________________ project, shall be

DESIGN-BUILD SERVICE (Owner Supplied Materials) ON A GUARANTEED LABOR
CONTRACT COST to consist of the following professional services:

1.01. The ARCHITECT as Designer:

a. Shall prepare drawings and documents required for the completion of the project attached
as Annex D).
b. May assist in securing the necessary permits from local and national government offices
and local or national utility services. Fees and miscellaneous expenses shall be for the
account of the owner

1.02. The ARCHITECT as Builder shall:

a. Hire workers and/or Specialty/Trade Contractors to work as the construction team.
b. Rent tools and equipment for construction purposes
c. Approve methods and systems of construction
d. Make regular visits to the site and inspect progress, quality of work, materials and
equipment for consistency with the specifications.
e. Make construction Log Book as required by the Building Official’s Office
f. Make a Change Order Log Book to Contain Data that will be used to compute additive
and/or deductive costs
g. Keep records and books of accounts & deliveries supplied by the owner, for submission
to the OWNER at the end of the project

1.03. Guaranteed Maximum Labor Contract Cost

a. The ARCHITECT Guarantees that the Project Construction Cost will not exceed the
Probable Construction Cost.
b. Expenses beyond the Guaranteed Maximum Labor Contract Cost due to legitimate
change orders or other causes not attributable to the fault of the ARCHITECT shall be
paid by the OWNER.
c. All items included within the Bill of Materials shall be therefore considered as items NOT
INCLUDED IN THIS LABOR CONTRACT.

ARTICLE 2. COSTS & MANNER OF PAYMENTS

Part of this agreement is the Release of payments to the ARCHITECT for the Construction Phase
shall be as per LABOR BILLING SCHEDULE as Monthly Billing for Labor Contract.

2.01. Attachment to this AGREEMENT shall be the:

a. Schedule of monthly billing
b. Summary of Payment on weekly basis
ARTICLE 3. START OF WORK AND DATE OF COMPLETION

3.01. The construction shall start not later than Five (5) Days after approval of agreement and all
owner supplied materials needed shall be ready within the site and shall regularly proceed and
complete the construction within:
EIGHT (8) MONTHS or Two Hundred Forty Four (244) CALENDAR DAYS
Unless prevented by typhoon, storm, tropical and/or monsoon rains, fortuitous events, delays
requested and/or caused by the OWNER.

3.02. The project may be finished at an earlier date if the OWNER requires. Adjustments to the
release of Labor Billing shall be made. This will cause adjustment of working hours at the
site, instead of the regular working time schedule and additional labor overtime fees which
may reflect on assessed adjustment to the Guaranteed Maximum Project Construction Cost,
per Owner and Architect Agreement.

ARTICLE 4. THE OWNER’S RESPONSIBILITIES

4.01. Provide full information as to his/her requirements for the Project. Avoid inputs during
the construction stage.

4.02. If and when required, arrange and pay for legal, auditing, bonds, insurance and other
services as may be required for the project by the local, provincial, regional or national
government agencies.

4.03. If payment is delayed for more than three (3) days, the ARCHITECT may suspend or
stop the construction. The OWNER shall then be responsible for all used & unused
materials & works finished & unfinished.

4.04. If the Owner observes or becomes aware of any defect in the Project, he/she or his/her
representative shall give prompt written notice to the ARCHITECT.

ARTICLE 5. OTHER EXPENSES CHARGEABLE TO THE OWNER

5.01. Delays on delivery of materials or other items procured by the OWNER increases the
ARCHITECT’s construction phase period and burden of services. Charges pertaining to
services rendered during such period shall be paid by the OWNER. (This applies for projects
where the OWNER prefers to purchase some or all of the materials).

5.02. If certain parts of the project are requested to be amended by the Owner, corresponding item/s
of work shall be recorded on a CHANGE ORDER LOGBOOK; time, date, description &
amount shall be signed by the OWNER. This logbook will be a compilation of probable
additive and/or deductive costs.

5.03. If the project is abandoned or suspended, the ARCHITECT is to be paid for the services
rendered corresponding to the fees due at the stage of suspension or abandonment. Tools and
equipment may then be removed from the site without prejudiced to the ARCHITECT, his/her
contractors and sub-contractors. Salaries of workers as required by Department of Labor and
Employment (DOLE) shall be paid by the OWNER.

5.04. If the OWNER decides to resume an abandoned or suspended project, the ARCHITECT shall
first assess if there is a need to adjust the Guaranteed Maximum Project Construction Cost. An
Acceptance of Resumption of Suspended or Abandoned Work Agreement shall then be
signed by the OWNER & the ARCHITECT.

ARTICLE 6. SUCCESSORS AND ASSIGNS

6.01. The OWNER and the ARCHITECT each binds himself, his partners, successors, legal
representatives and assigns to the other party to this agreement, and to the partners, successors,
legal representatives and assigns of such other party in respect of all covenants of this
Agreement. Except, as above, neither the OWNER nor the ARCHITECT shall assign, sublet
or transfer his/her interest in this Agreement without the written consent of the other.

ARTICLE 7. OWNERSHIP OF DOCUMENTS

7.01. All designs, drawings, models, specifications and other contract documents and copies
thereof, prepared, signed, stamped/sealed and furnished as instruments of service, are the
intellectual property and documents of the Architect, whether the work for which they were
made is executed or not, and are not to be reproduced or used on other work except with a
written agreement with the ARCHITECT (Sec. 33 of R.A. No. 9266).
ARTICLE 8. OWNERSHIP OF DOCUMENTS

8.01. All disputes or questions shall first be subject to simple arbitration procedures. In case of non-
settlement using the simple arbitration, the case may only be filed with the CIAC (Construction
Industry Arbitration Commission) instead of a regular Court of Law. Reference to R.A. 9285
(ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004) and the Supreme Court OCA
CIRCULAR No. 103-2015.

8.02. It is mutually agreed that the decision of the CIAC arbitrators shall be FINAL AND
EXECUTORY.

This Agreement is in accordance with the provisions of Republic Act No. 9266 (Architecture Act of 2004),
its Implementing Rules and Regulations (IRR), Architect’s Code of Ethical Conduct (UAP Doc 200) and
the Standards of Professional Practice (SPP) and Republic Act 9285 (Alternative Dispute Resolution Act
of 2004).

The Parties hereby agree to full performance on the contents of this Agreement.

IN WITNESS WHEREOF, the Parties to this Agreement, set their hands below and on the left-hand margin
of all the other pages of this Agreement.

By:

__________________________ ________________________
OWNER ARCHITECT

SIGNED IN THE PRESENCE OF:

_______________________________ __________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

_____________ CITY) S.S.

BEFORE ME, a Notary Public for and in _________________ personally appeared the following
persons, to wit:

Name Driver’s License No. Valid Until

____________________ ___________________ ___________________

____________________ ___________________ ___________________

Known to me to be the same persons who acknowledge the foregoing Owner-Architect Agreement and
they acknowledged to me that the same is their free and voluntary acts and deeds.

Doc. No. _________;

Page No. _________; _______________________
Book No. _________; NOTARY PUBLIC
Series of 20___.