Contract – meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Contract and obligation distinguished Contract is one of the sources of obligations. On the other hand, obligation is the legal tie or relation itself that exists after a contract has been entered into. There can be no contract if there is no obligation. But an obligation may exist without the contract. Contract and agreement distinguished. Contracts are agreements enforceable through legal proceedings. Agreements which cannot be enforced by action in the courts of justice (like an agreement to go to a dance party) are not contracts but merely moral or social agreements. A contract cannot be given effect if it is contrary to law because law is superior to a contract. Contract must not be contrary to morals. Morals deal with norms of good and right conduct evolved in a community. These norms may differ at different times and places and with each group of people. Ex.: An agreement that X is to render service as a servant to Y without compensations long as X has not paid his debt is reprehensible and censurable. It is also contrary to law. Contract must not be contrary to public order Public order refers principally to public safety although it has been considered to mean also the public weal. Ex.: A stipulation in a contract of lease whereby the landlord can use force to eject the tenant in case of failure of the latter to pay the rent agreed upon is void as being against public order. Contract must not be contrary to public policy. Public policy is broader than public order, as the former may refer not only to public safety but also to considerations which are moved by the common good. Ex.: X stole the car of Y. Later, they entered into a contract where Y will not prosecute X in lieu of ₱50,000. A contract is an agreement which gives rise to obligations. It must bind both parties in order that it can be enforced against either. Without this equality between the parties, it cannot be said that the contract has the force of law between them. Ex.: S agreed to sell his car to B for ₱100,000. The contract is binding upon both contracting parties and either of them can enforce the contract against the other. Classification of contracts according to perfection a. Solemn contract – that which requires compliance with certain formalities prescribed by law. (e.g. donation of real property which must be in a public instrument) b. Consensual contract – that which is perfected by mere consent. (e.g. sale, lease, agency) c. Real contract –that which is perfected by the delivery of the thing subject matter of the contract. (e.g. pledge) Stages in the life of a contract a. Preparation or negotiation – This includes all the steps taken by the parties leading to the perfection of the contract. At this stage, the parties have not yet arrived at any definite agreement. b. Perfection or birth – This is when the parties have come to a definite agreement or meeting of the minds regarding the subject matter and cause of the contract. Consummation or termination – This is when the parties have performed their respective obligations and the contract may be said to have been fully accomplished or executed, resulting in the extinguishments or termination thereof. Ex.: 1. S offers to sell his car to B for ₱100,000. B asks S to show him the car. Later, S brings the car and shows it to B. B offers to pay ₱80,000 for the car. Here, the parties are taking all the steps that may lead to the perfection of the contract. 2. Now, if S agrees to sell the car for ₱80,000, the contract is perfected because there is a meeting of the minds upon the subject matter and the cause of the contract. 3. The contract will be consummated after S delivers the car to B and B pays ₱80,000. B becomes the owner of the car and S, the owner of the money paid by B. As a general rule, a person is not bound by the contract of another of which he has no knowledge or to which he has not given his consent. A contract involves the free will of the parties and only he who enters into the contract can be bound thereby. Essential Requisites of Contracts There is no contract unless the following requisites concur: a. Consent of the contracting parties b. Object certain which is the subject matter of the contract c. Cause of the obligation which is established Classes of elements of a contract a. Essential elements – those without which no contract can validly exist. They are also known as requisites of a contract. They may be subdivided into: Common – those present in all contracts, namely, consent, object, and cause. Special – those not common to all contracts or those which must be present only in, or peculiar to, certain specified contracts. b. Natural elements – those that are presumed to exist in certain contracts unless the contrary is expressly stipulated by the parties, like warranty against eviction or warranty against hidden defects in sale. Accidental errors – or the particular stipulations, clauses, terms, or conditions established by the parties in their contract like conditions, period, interest, penalty, etc. And, therefore, they exist only when they are expressly provided by the parties. Consent Consent – the meeting of minds between the parties on the subject matter and the cause which are to constitute the contract. Offer – a proposal made by one party to another to enter into a contract. It is more than an expression of desire or hope. It is really a promise to act or to refrain from acting on condition that the terms thereof are accepted by the person (offeree) to whom it is made. The offer must be certain or definite so that the liability (or the rights) of the parties may be exactly fixed because it is necessary that the acceptance be identical with the offer to create a contract. Ex.:(a) “Will you buy this watch for ₱1,000?” This is an offer. (b.) “I am willing to consider the sale of my land to you for ₱150,000.” The offer here is uncertain. Its acceptance will not create a contract. (c) “I am willing to buy you a car.” There is no offer because it is incomplete. No price is given. Acceptance – the manifestation by the offeree of his assent to the terms of the offer. Without acceptance, there can be no meeting of the minds between two parties. The acceptance of an offer must be absolute or unqualified. It must be identical in all respects with that of the offer so as to produce consent or meeting of the minds. Ex.: S asked B: “Will you buy my car for ₱150,000?” If B answers “yes, I accept your offer,” or “yes, I agree,” or just “yes,” the acceptance of B is absolute or unconditional. The following cannot give consent to a contract a. unemancipated minors b. insane or demented persons, and deaf-mutes who do not know how to write Drunkenness and hypnotic spell impair the capacity of a person to give intelligent consent. These conditions are equivalent to temporary insanity. Contracts entered into during a lucid interval Lucid interval – a temporary period of sanity. A contract entered into by an insane or demented person during a lucid interval is valid. It must be shown, however, that there is a full return of the mind to sanity as to enable him to understand the contract he is entering into. Under the Rules of Court, the following are considered incompetents and may be placed under guardianship a. persons suffering the accessory penalty of civil interdiction b. hospitalized lepers c. prodigals d. deaf and dumb who are unable to read and write e. those who are of unsound mind even though they have lucid intervals f. those who, by reason of age, disease, weak mind and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation Characteristics of consent a. It must be intelligent – there is capacity to act. b. It is free and voluntary – there is no vitiation of consent by reason of violence or intimidation. c. It is conscious or spontaneous – there is no vitiation of consent by reason of mistake, undue influence, or fraud. Vices of consent a. error or mistake b. violence or force c. intimidation or threat or duress d. undue influence e. fraud or deceit Mistake or error – the false notion of a thing or a fact material to the contract. Violence requires the employment of physical force. For intimidation to vitiate the consent of a party to a contract, the following requisites should be present a. It must produce a reasonable and well-grounded fear of an evil. b. The evil must be imminent and grave. c. The evil must be upon his person or property, or that of his spouse, descendants, or ascendants. d. It is the reason why he enters into the contract. Ex.: If X signs the document because a gun is pointed at him by Y who threatens to kill him and he has no reason to believe that Y will not carry out his threat, the intimidation would vitiate consent. But if X was merely intimidated that he would be shot by Y and the latter had no gun at the time of the threat, there is no intimidation. All things which are not outside the commerce of men, including future things, may be the object of a contract. Requisites of things as object of contract In order that things may be the object of a contract, the following requisites must occur: a. It must not be impossible, legally or physically. b. The thing must be within the commerce of men, that is, it can legally be the subject of commercial transaction. c. It must be in existence or capable of coming into existence. d. It must be determinate or determinable without the need of a new contract between the parties. Requisites of services as object of contract In order that service may be the object of a contract, the following requisites must occur: a. The service must be within the commerce of men. b. It must not be impossible, physically or legally. c. It must be determinate or capable of being made determinate. Rights as object of contract Ex.: a. Outside the commerce of men – Things of public ownership such as sidewalks, public places, bridges, etc., things that are common to everybody such as air, sunlight, rain, etc. b. Impossible, physically and legally – Prohibited drugs and all illicit objects, to kill a person c. Determinate things – All the sacks of rice in a bodega,; my land with the smallest area; the land at the corner of a particular street. d. Future things or rights – Things to be manufactured, raised, or acquired after the perfection of the contract such as wine that a vineyard is expected to produce; rice to be harvested next harvesting season; young animals not yet in existence, etc. Cause of Contracts Cause (causa) – the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contract. Ex.: X sells a watch to Y for ₱5,000. As far as X (the seller) is concerned, the subject matter or object is the watch and the cause is the price. As regards Y (buyer), the subject matter or object is the price and the cause is the watch. The cause of X is the delivery of the price and for Y, the delivery of the watch. But for both X and Y, the subject matter of the transaction is the watch. Classification of contracts according to cause a. Onerous – one the cause of which, for each contracting party is the prestation or promise of a thing or service by the other. In this contract, the parties are reciprocally obligated to each other. Ex.: Sale; lease of thing; partnership b. Remuneratory or remunerative – one the cause of which is the service or benefit which remunerated. The purpose of the contract is to reward the service that had been previously rendered by the party remunerated. Ex.: X rendered service as the defense counsel of Y who agreed to pay X ₱10,000 for said services. c. Gratuitous – one the cause of which is the mere liberality of the benefactor or giver. Ex.: Pure donation Requisites of cause a. It must exist at the time the contract is entered into. b. It must be lawful. c. It must be true or real. Effect of absence of cause Absence or want of cause means that there is a total lack of any valid consideration for the contract. Contracts without cause confer no right and produce no legal effect whatever. Thus, a contract which is absolutely simulated or fictitious is inexistence and void. Form of Contracts The form of contract refers to the manner in which a contract is executed or manifested. The contract may be oral, or in writing, or partly or and partly in writing. Classification of contracts according to form a. Informal or common contract – that which may be entered into in whatever form provided all the essential requisites for their validity are present. b. Formal or solemn contract – that which is required by law for its efficacy to be in a certain specified form. Contracts which must appear in a public document A public document or instrument is one which is acknowledged before a notary public or any official authorized to administer oath, by the person who executed the same. a. Creation, etc., of real rights over immovable property. Ex.: As security for his debt, D mortgaged his land to C. This mortgage must appear in a public document. The extinguishments of the mortgage, upon payment of the debt by D, must likewise appear in a public document b. Cession or renunciation of hereditary rights or those of conjugal partnership of gains. Ex.: X and Y are the heirs of Z, their deceased father. X, being financially stable, renounces his share in the inheritance. This renunciation must appear in a public document. • Power to administer property. Ex.: X is leaving for the U.S. to study for 2 years. He appoints Y, agent, to manage his property. In this case, the authority of Y to administer the property of X must appear in a public document. • Cession (surrendering) of actions or rights. Ex.: D mortgaged his land to C to secure the payment of a debt. This mortgage appears in a public document. The cession by C of his right, as mortgagee, to D must also be in a public document. Interpretation of a contract – the determination of the meaning of the terms or words used by the parties in their contract. Ex. A contract was executed between S and B. The contract recites that it is a sale of parcel of land belonging to S for ₱500,000. In the contract, S is the vendor and B, the vendee. The terms of the contract are clear and it does not appear from the circumstances that the intention of the parties is contrary to the literal meaning of said terms. Therefore, the contract should be considered a contract of sale. No interpretation should be given which would alter or change the plain meaning of the wording thereof, it not being lawful to make a new contract between the parties. Voidable or annullable contracts are those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent. Ratification cleanses the contract from all its defects from the moment it was constituted. Unenforceable contracts are those that cannot be enforced in court or sued upon by reason of defects provided by law until and unless they are ratified according to law. Unauthorized contracts are those entered into in the name of another person by one who has been given no authority or legal representation or who has acted beyond his powers. Voidable contracts are valid contracts until annulled unless there has been a ratification. These are those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent. Rescissible contracts are valid contracts because all the essential requisites of a contract exist but by reason of injury or damage to one of the parties or to third persons, such as creditors, the contract may be rescinded. Ex.: G is the guardian of M (a minor). G sells the property of M worth ₱200,000 for only ₱150,000. The contract of sale cannot be rescinded because the lesion (injury) is not more than ¼ . However, if the property is sold for less than ₱150,000, M can rescind the sale by proper action in court upon reaching the age of majority. Void or inexistent contracts are absolutely null and void. Void contracts have no effect at all and cannot be ratified. Rescission is a remedy granted by law to the contracting parties and sometimes even to third persons in order to secure reparation of damages caused them by a valid contract. Types of contracts Contract is made after business arrangement is set. In construction of an architectural or engineering work, it requires a group or organization of expert of various trade and related works to implement such complex undertaking and carry out the work. A. The Lump-Sum contract. The oldest and most common method of letting work under contract is by receiving competitive bids with fixed prices. It is commonly referred to as “Hard Dollar contracts”. The contractor agrees to perform a stipulated job of work in exchange for a fixed sum of money. The satisfactory completion of the work for the stated amount remains the obligation of the contractor, regardless of the difficulties and troubles that may be experienced in the course of construction activities and even though the total cost of the work may turn out to be greater than the contract price. This type of contract is popular with owners for the obvious reason that the total cost of the project is known in advance. Advantages • The cost is known before the work began. • Though the actual cost maybe high, a definite limit is fixed. • The responsibilities related to work are carried by the contractor. Disadvantages • It may lead to exorbitant payments for any extra work required. •New work may be done on labor and material basis but usually laborers tend to be in efficient knowing their work benefits only their employer. • It gives no information as to what the contractor regards as a fair price for each item of the work to perform, on which deductions omitted and extra payments be based. B. Contract for Cost-Plus-a-Percentage The most common method used to obviate the difficulties of the fixed price contract is to pay the contractor the actual cost of the construction work with a specified percentage as compensation for his overhead expenses, personal services, and profits. It does not provide any direct incentive for the contractor to minimize construction costs. Rather, it seems to work the other way. Advantages • The owner will pay only such costs as are actually incurred. • As the risk or hazard of construction is entirely removed from the contractor, the owner can secure his services with the advantages of his skill and experience. Disadvantages • Every increase in cost increases the amount payable to the contractor. • A contractor might be tempted to deliberately increase the cost notwithstanding his moral obligations C. Contract for Cost-Plus-a-Fixed Sum This is a substitute from a percentage to a fixed sum where the contractor can not profit by any increase in cost. It secures the greatest returns for the contractor by keeping the least expenditures of time and money for the owner. When this scheme is utilized, the work must be of such a nature that it can be fairly well defined and a reasonably good estimate of cost can be approximated. The contractor computes the amount of the fee on the basis of the size of the project, estimated time of construction, nature and complexity of the work, hazards involved, location of the project, equipment and manpower requirements, etc. Advantages • This type of contract eliminates certain objectionable terms of the percentage form of contract. • The contractor, to secure the greatest returns, will keep the least expenditures of time and money for the owner. Disadvantages • Quality of work might suffer just to keep the least expenditures of time and money for the owner. • Since the contract will just be receiving a fixed sum aside from contract for cost, he might become lax in fulfilling the contract. D. Contract for Cost-Plus-a-Variable Premium This is a contract where the contractor undertakes to complete the work for a fixed sum and in a definite time. He will be paid in addition to the sum a stated premium which is reduced or increased accordingly as the actual cost and time of completion are greater or less than the stipulated costs and time of completion. Advantages • The owner can determine the final cost as almost as closely as under the lump sum contract. • If the cost of the work is less than the estimate, the owner is benefited to the extent one-half the amount saved. The other half is paid to the contractor as an extra premium earned. Disadvantages • If the cost of the work increases, the owner pays half the additional cost and the other half is deducted from the contractor’s premium. This is also true with the time of completion, wherein an equivalent amount per day will be shared either as an increase or decrease for two parties. • The estimated cost may be high and the time of completion too great, that the contractor may secure an unfair premium by his ability to reduce the cost and time below his estimated. E. Construction by the Direct Employment The responsibility for the cost and construction is placed on a group created by the owner or governmental body wherein results depend mainly on their efficiency. Advantages • The operation is said to be flexible and the owner has control over the operation. • The owner can choose materials that exactly suit his desires without any detailed plans and specifications and contract. • In case required, the construction maybe started before the details on plans and specifications have been completed thereby delay is sometimes avoided. Disadvantages • There is always a danger of interference in the personnel of the organization that will seriously handicap and injure the efficiency. • Personal responsibility is often minimal or missing for accomplishing proper work at the lowest cost since no personal incentive or gain to keep in maintaining construction cost at lower price. • It is difficult for the owner to retain skilled workers. There are often hard times in looking for good superintendents and foremen since at normal times very seldom will accept temporary jobs. • Tools and equipment acquired will be sold at lower prices after the completion of work. F. The Unit-Price Contract It is based on estimated quantities of defined items of work and costs per unit amount of each of these work items. The owner compiles the estimated quantities, and the unit costs are those bid by the contractor for carrying out the stipulated work in accordance with the contract documents. The total sum of money paid to the contractor for each work item remains an indeterminable factor until completion of the project, because payment is made to the contractor based on units of work actually done and measured in the field. The owner does not know the exact ultimate cost of the construction until completion of the project. G. Cost-Plus-Fee Contract This is an open-ended contract in the sense that the total construction cost to the owner cannot be known until completion of the project. When the drawings and specifications are not complete at the time of contract negotiation, the owner and contractor negotiate what is called a ‘scope contract’. Four important considerations • A definite and mutually agreeable subcontract – letting procedure should be arranged. • There must be a clearly understood agreement concerning the determination and payment of the contractor’s fee. • A common understanding regarding the accounting methods to be followed is essential. • A list of job costs to be reimbursable to the contractor should be set forth. Contract Documents a. Advertisement, or request for bids b. Instruction to bidders c. Proposal d. General conditions e. Supplementary conditions f. Drawings g. Technical Specifications h. Proposal i. Bid Bond j. Agreement k. Performance Bond Lowest responsible bidder – the lowest bidder whose offer best responds in quality, fitness, and capacity to fulfill the particular requirements of the proposed work and with the terms of the contract. Agreement – document specifically designed to formalize the construction contract. It acts as a single instrument that brings together all of the contract segments by reference, and it functions for the formal execution of the contract. Progress payments. It is normally neither practicable nor desirable for the contractor to finance the construction from its own resources. In lump-sum contracts, the degree of completion of each major work category is usually expressed as a percentage. Fixed-price contracts commonly require the contractor to submit applications for payment at least 10 days before the date established for each progress payment. The quantities of work done on unit- price contracts are determined by the field measurement of work put in place. Cost-plus contracts usually provide for the contractor to submit payment vouchers to the owner at specified intervals during the life of the contract. Many contracts provide that if the owner does not make timely payments to the contractor as required, the contractor has the option of stopping the work. Owner supplied & excluded items. This part of the contract describes the materials excluded in the scope of the Contractor and instead will be supplied by Owner in accordance with the construction schedule. In case where delivery of Owner Supplied Materials is delayed and the Contractor is forced to advance its own material, all costs, handling charges and surcharges for such materials as advanced by the Contractor for the Owner shall be for the account of the Owner. Scope of works. Scope of works is the performance or service to be rendered by the Contractor under such agreement until completion or delivery of the project as stipulated in the contract documents. Contract price – 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. Adjustment of contract price Adjustment of contract price takes place under such agreement in scope there are change orders or variation orders from the original scope of works as stipulated in the contract and contract document. 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. Terms of payment – describes how the down payment, progress billing, retention and release of retention are being paid by the Owner. There are certain insurance and surety required to be submitted to the Owner prior to Contractor’s claim of payment. Time of completion – the period of time allowed by the Contractor for the completion of the project or any stipulated portion thereof. Failure to complete works. In case of delay in the completion and turnover of contract works, the Contractor shall pay the Owner liquidated damages under the contracted computations but not greater than the percentage of contract price set forth. Retainage Many construction contracts provide that the owner will retain a certain percentage of the progress payments. A retainage of 10% is typical. The Warranty Period One year is a commonly specified warranty period, although periods of up to 5 years are sometimes required to make good, at its own expense, defects detected during this period. Contract Time When the contract time is stated to be a given number of calendar days, the date on which the time begins is an important matter. Construction contracts usually state that the time will begin on the date the contract is signed or on the date the contractor receives a formal ‘notice to proceed’. Liquidated Damages An advantage to the use of a liquidated damage provision in a construction contract is the possible avoidance of subsequent litigation between owner and contractor. Acceleration – refers to the owner’s directing the prime contractor to accelerate its performance to complete the project at an earlier date than the current rate of work advancement will permit. Differing site condition, or changed condition, or concealed condition – refers to some physical aspect of the project or its site that differs materially from that indicated by the contract documents or that is of an unusual nature and differs materially from the conditions ordinarily encountered. Owner-Caused Delay Examples include delays in making the site available to the contractor, failure to deliver owner-provided materials on time, unreasonable delays in the approval of shop drawings, delays caused by another contractor, delays in issuance of change orders, and suspension of the work because of financial or legal difficulties. Value Engineering It is applied after the contract is awarded and is concerned with the elimination or modification of any contract provision that cost to a project but is not necessary to the structure’s required performance, safety or maintenance. Termination of the Contract a. Material breach of contract by either party b. Default and failure to perform under the contract c. Mutual agreement of both parties d. By giving the contractor written notice to this effect Subcontract – an agreement between a prime contractor and a subcontractor under which the subcontractor agrees to perform a certain specialized part of the work. Purchase order – a written document that defines and prescribes the conditions pertaining to a purchase of materials, supplies, equipment, machinery, and similar goods. Contractor’s responsibility for accidents and damages a. Safeguard to be undertaken by the contractor. Contractor shall take all necessary precautions for the safety of employees and workmen on the work and comply with all laws to prevent injury to persons on, about or adjacent to the premises where the works is being performed. b. Owner not to be responsible The contractor shall render the owner free and harmless for the death of the disease contracted or injury received by the contractor or any of his employees or laborers, for any damage done by or to contractor’ plant or materials from any source or cause and damages caused by him or his employees to adjacent property. c. Contractor’s default The owner shall have the right to undertake reasonable safety and protection measures in case of contractor’s default and charge the cost of such measures to the contractor. Contract bond form – a simple document that makes no attempt to describe in detail the specific liabilities of the surety. The bond can be invoked by the owner only if the contractor is in breach of contract. Performance bond – acts primarily for the protection of the owner. It guarantees that the contract will be performed and that the owner will receive its structure, built in substantial accordance with the terms of the contract. Payment bond – acts primarily for the protection of third parties to the contract and guarantees payment for labor and materials used or supplied in the performance of the construction. Indemnity of surety Under the bond, the surety indemnifies the owner against default by the contractor. They in turn must indemnify the surety against any claim that may be brought against the surety because of the contractor’s failure to perform in the prescribed manner. Contractor’s insurance and bonds a. Contractor’s Liability Insurance The contractor shall secure and maintain insurance coverage from an insurance company acceptable to the owner as will protect himself, his sub-contractors and the owner from claims for bodily injury, death or property damage which may arise under the contract. b. Accident Insurance for Workers The contractor shall, in additional to compulsory coverage of workers under the Workmen’s Compensation Law, obtain insurance coverage for accidental death or injury of his employees and laborers without regard to their tenure and employment. c. Contractor’s fire insurance In addition to such Fire Insurance as the contractor elects for his work, he shall secure and maintain the policies upon such structures and materials and such amounts as shall be designed in the joint names of the Contractor and the Owner as their respective interest may appear. d. Contractor’s Performance and Payment Bonds The contractor, prior to signing the contract, shall furnish a Performance Bond equal to 15% of the contract amount for the faithful performance of his work and 15% bond covering contractor’s obligations from the contract to its workers, subcontractors and suppliers. e. Contractor’s Guarantee Bond The Performance and Payment Bonds will be released by the Owner upon posting by the contractor of a Guarantee Bond equivalent to the amount of the retention released to the contractor. The Guarantee bond shall be for a period of 1 year commencing from the date of posting as a guarantee that all materials and workmanship installed under the contract are of acceptable quality. Owner’s Responsibilities and Liabilities a. Advance payment An advance payment in an amount to be mutually agreed upon shall be paid by the owner to the contractor, provided that the contractor shall post a surety bond of equivalent amount callable on demand and acceptable to the owner to guarantee its repayment. The contractor shall use the advance payment for mobilization purchase of materials and the like for the project. This shall be recouped pro rata in the progress billing. b. Protection of Employees and Professionals performing services for the owner The owner shall be responsible for and shall maintain such insurance as will protect him from liability for personal injury including disease and death of persons under his employ or service whether as temporary or permanent in status that are assigned to the project. c. Owner’s optional insurance The owner may maintain such insurance as will protect him from his contingent liability for damages, for personal injury, including death, which may arise from the work under the contract. Other warranties or responsibilities of the contractor a. In case of any defect or defects in workmanship or materials which may become apparent in the course of the construction, the contractor, upon the request of the owner, shall attest own expense, tear down and replace such portion of the work done and/or materials installed that as in the owner’s reasonable option, are unsound or defective, or not in accordance with plans and specifications. b. The hereby does warrant and guarantee that all the materials to be supplied by it under this agreement are new, first class, free from defect and shall fully comply in every respect with the specifications, approved samples and other requirements of the contract plans and other related contract documents. c. The contractor guarantee and shall maintain the stability of all works, equipment and materials furnished and keep the same in good repair and condition for a period of 1 year after issuance of final in good repair and condition for a period of 1 year after issuance of final acceptance of the work by the owner. Defects appearing during this period or any damages resulting from such defects shall be corrected without expense to the owner.
Name: Sumit Behera ROLL: 440 ROOM: 41 Semester: Ii Subject: Business Regulatory Framework - I Assignment YEAR: 2009 College: St. Xavier'S College (Autonomous Under C.U)
Art. 1305. A Contract Is A Meeting of Minds Between Two Persons Whereby One Binds Himself With Respect To The Other, To Give Something or To Render Service