The Cost Plus Contractor Agreement is essential for construction projects in the Philippines where the final scope or costs cannot be accurately determined at the outset. This contract type is particularly useful for complex projects, renovation works, or situations where flexibility is required in the scope of works. The agreement details the mechanism for cost calculation, fee determination, and payment procedures, while ensuring compliance with Philippine construction laws, labor regulations, and local government requirements. It includes provisions for cost verification, quality control, and project management, making it suitable for both private and commercial construction projects. The document incorporates necessary safeguards for both parties and addresses specific Philippine jurisdictional requirements for construction contracts.
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1. Parties: Identification of the Owner/Employer and the Contractor, including full legal names, addresses, and registration details
2. Background: Context of the agreement, project overview, and basis for entering into the contract
3. Definitions: Definitions of key terms including 'Cost', 'Fee', 'Works', 'Project', and other relevant terminology
4. Scope of Works: Detailed description of the construction works to be performed by the Contractor
5. Contractor's Obligations: Comprehensive list of Contractor's duties, responsibilities, and standard of performance
6. Owner's Obligations: Owner's responsibilities including site access, permits, and information provision
7. Cost Definition and Components: Detailed breakdown of what constitutes 'Cost' under the agreement
8. Fee Structure: Definition and calculation of the Contractor's fee (typically percentage-based)
9. Payment Terms: Payment procedures, timing, documentation requirements, and verification process
10. Project Timeline: Project schedule, milestones, and completion dates
11. Quality Standards: Required quality standards, inspections, and acceptance criteria
12. Changes and Variations: Process for handling changes to scope, cost, or timeline
13. Insurance and Indemnity: Insurance requirements and indemnification provisions
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
16. Governing Law: Specification of Philippine law as governing law and jurisdiction
1. Performance Security: Requirements for performance bonds or other security - include if project value exceeds certain thresholds
2. Environmental Compliance: Specific environmental obligations - include if project has significant environmental impact
3. Local Community Engagement: Requirements for local community relations - include for projects in sensitive areas
4. Force Majeure: Provisions for unforeseen events - particularly relevant in areas prone to natural disasters
5. Intellectual Property: IP rights and obligations - include if design or innovative construction methods are involved
6. Confidentiality: Confidentiality obligations - include if sensitive information is involved
7. Anti-Corruption: Anti-corruption and compliance provisions - include for high-value projects or government-related work
8. Warranty Period: Extended warranty provisions - include for complex construction projects
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Cost Components: Detailed breakdown of allowable costs and excluded costs
3. Schedule 3 - Fee Calculation: Detailed mechanism for calculating the Contractor's fee
4. Schedule 4 - Payment Procedures: Forms and procedures for payment applications and verification
5. Schedule 5 - Project Timeline: Detailed project schedule with milestones
6. Schedule 6 - Key Personnel: List of key personnel and their roles
7. Schedule 7 - Required Insurance: Details of required insurance coverage
8. Schedule 8 - Forms and Notices: Standard forms for various notices and requests
9. Schedule 9 - Quality Assurance Plan: Detailed quality control procedures and standards
10. Appendix A - Permits and Licenses: List of required permits and responsible parties
11. Appendix B - Health and Safety Requirements: Detailed health and safety procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Manufacturing
Industrial
Commercial Property
Retail
Hospitality
Healthcare
Education
Infrastructure
Energy
Mining
Technology
Telecommunications
Relevant Teams
Legal
Procurement
Construction
Operations
Finance
Risk Management
Compliance
Commercial
Project Management
Facilities Management
Contract Administration
Business Development
Relevant Roles
Construction Manager
Project Director
Contract Manager
Legal Counsel
Procurement Manager
Commercial Director
Operations Manager
Finance Director
Risk Manager
Compliance Officer
Project Engineer
Quantity Surveyor
Chief Financial Officer
General Counsel
Development Manager
Facilities Manager
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