CELEC Finals

• Obligation


  A juridical necessity to give, to do or not to do
• Sources of obligations


  • Law
  • Contracts
  • Quasi-contracts
  • Acts or omissions punished by law
  • Quasi-delicts
• Obligations derived from law

  Not presumed, only those expressly determined in the Civil Code or in special laws are demandable
• Obligations arising from contracts

  Have the force of law between the contracting parties and should be complied with in good faith
• Obligations derived from quasi-contracts


  Subject to the provisions of Chapter 1, Title XVII, of the Civil Code
• Civil obligations arising from criminal offenses

  Governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of the Civil Code, regulating damages
• Obligations derived from quasi-delicts

  Governed by the provisions of Chapter 2, Title XVII of the Civil Code, and by special laws
• The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground
• The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract
• If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor
• Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any defect
• The action must be brought within ten years following the collapse of the building
• The contractor who undertakes to build a structure or any other work for a stipulated price, in conformity with plans and specifications agreed upon with the land-owner, can neither withdraw from the contract nor demand an increase in the price on account of the higher cost of labor or materials, save when there has been a change in the plans and specifications, provided: (1) Such change has been authorized by the proprietor in writing; and (2) The additional price to be paid to the contractor has been determined in writing by both parties
• The owner may withdraw at will from the construction of the work, although it may have been commenced, indemnifying the contractor for all the latter's expenses, work, and the usefulness which the owner may obtain therefrom, and damages
• Intent of the Contract

  To include all labor and materials, equipment and transportation necessary for the proper execution of the Work
• Standard of Conduct


  Each party to the Contract must act with justice, give the other party his due, and observe honesty and good faith
• Conformity to the Contract


  The work shall be executed in accordance with the Contract
• If there be a variance between the Drawings and Specifications, the provisions of the Specifications shall control. In case of conflict between the General Conditions or any modification thereof and the detailed specification requirements, the detailed specification requirements shall control
• Any discrepancy found between the drawings and specifications and site conditions or any error or omission in the drawings or specification shall be immediately reported to the owner, who shall promptly correct such discrepancy, error, or omission
• Any work involving such discrepancies shall be estimated by the Contractor and unit prices or lump sum amounts shall be agreed upon by the parties whenever possible before the work is done
• Any work done by the Contractor involving discrepancies found by the Contractor and not reported to and without the knowledge of the Owner shall be considered as having been done at the Contractor's risk
• The Owner shall be fully responsible for adequacy of the design and for sufficiency of the Drawings and Specifications
• Approved, Directed and Acceptable


  Means approved, directed by or acceptable to the OWNER
• Furnish


  Means purchase and/or fabricate and deliver to the jobsite or other location when so designated
• Install


  Means to build in, mount in positions, connect or apply any object specified ready for the intended use
• Provide


  Means furnish and install
• Required or Necessary


  Means as required or necessary for the complete execution of that portion of the Work
• Whenever the Contract or the General Conditions provide that the Owner may require the Contractor to remove or replace defective or inferior materials or equipment or to replace bad or defective work, the Owner, if he is represented by a professional duly authorized to supervise the Contractor's work and to exercise the discretion and authority of the Owner, shall condemn such materials, equipment or work in order to minimize the damage or loss of the Contractor
• Where even with the exercise of due diligence, the Owner could not have discovered the use of inferior materials and equipment or the defective work, the Owner may condemn it upon discovery, and the Contractor shall bear all the cost of removing and replacing the defective or inferior material or equipment or the defective work
• The Owner shall furnish the Contractor, free of charge, three sets of Drawings and Specifications inclusive of the signed Contract. All other copies of Drawings and Specifications as required by the Contractor will be furnished to him at cost of reproduction
• All Drawings and models are to be read and understood together with the Specifications, to form a part thereof. Where figures are given, they are to be followed in preference to measurements by scale. Anything shown on the Drawings but not mentioned in the Specifications, or vice versa, or anything not expressly set forth in either but which is reasonably implied, shall be furnished as if specifically shown and mentioned in both
• Upon request of the Contractor, the Owner will explain (i) the meaning of the Drawings (including notes thereon) or of the Specifications, or (ii) any obscurity as to the wording of the Specifications. The Owner shall provide the Contractor directions and explanations necessary and proper to make more definite and certain any requirement of the Drawings (including notes thereon) or of the provisions of the Specifications
• The Contractor shall report to the Owner any discrepancy in the figures in the drawings immediately upon its discovery. The Owner shall make the necessary correction. The Contractor shall not be entitled to an adjustment of his Contract Price and Completion Time should his work be ordered re-done if such work was made without notifying the Owner of the discovery of the discrepancy and before the Owner makes the necessary correction
• The Contractor shall comply with all Laws in so far as they are binding upon or affect the parties thereto, or the Work. He shall also comply with regulations of firms furnishing utilities such as water, gas, telephone and electricity for the project. If the Contractor performs any work contrary to such Laws or utilities' regulations, he shall bear all additional costs arising therefrom
• Before the bidding and the awarding of the Contract, the Contractor is expected to have visited the project site and made his own estimate of the facilities required in and difficulties attending the execution of the Work, on account of local conditions and all other contingencies. The Owner shall, however, furnish the Contractor a geodetic survey and subsurface exploration which the Contractor may rely upon in the preparation of his Bid
• The Owner, with the Contractor's assistance, shall secure and pay all construction permits and licenses necessary for the execution of the Work or of any temporary work and easements in relation thereto. The Contractor shall secure the final occupancy permit but he shall not be responsible to the Owner if, without his fault, the license is not issued or there was delay in its issuance
• Wherever the law of the place where the project is located requires sales, consumer, use, or other similar tax related or pertinent only to the construction of the project, the Contractor shall pay such tax
• All materials and equipment must conform to all Laws now or which may be in force and applicable during the period of construction. The Contractor shall bear all damages by reason of any delay in the Work arising from his failure to comply with this provision. Where any revision or amendment to such Laws is made during the construction period which affects the cost or time of completion of the Contract, a constructive change in the Work shall be recognized and a corresponding Contract Price and Completion Time adjustment shall be made
• In order to establish standards of quality, the Owner, in the detailed Specifications may have referred to certain equipment by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where they are fully suitable in design
• The Contractor shall furnish the complete list of proposed substitutions preferably prior to the signing of the Contract together with such engineering and catalog data as the Owner may require. All requests for substitution of equipment shall be in writing. The Owner will approve or disapprove the request in writing. No substitute equipment shall be used unless approved in writing by the Owner. The Contractor shall abide by the Owner's judgment as to which proposed substitute items of equipment are judged to be acceptable