By: Zeb Lemuell Tobias
the rules and regulations promulgated by it, the
DISQUALIFICATION OF STE’s AND AMO
DISQUALIFICATION OF STE’s
-Presently employed by either a private
company or any government office or
government oinstructor, or working abroad;
holder wned/controlled corporation, or a full
time of a valid contractor's license
-Involvement, in any capacity, in any
construction malperformance of grave
consequence, suggestive of his negligence,
incompetence and/or malpractice;
-Involvement, by STE himself or in collaboration
with any other person or firm, in any act or
omission liable for disciplinary action of which
he/she is or the other person or firm was found
guilty by the PCAB Board;
-Convicted by a court of competent jurisdiction
of any offense involving moral turpitude; and
-Failure to notify the Board of disassociation
from the former employer;
-Failure to undergone the 40 hour Construction
Occupational Safety and Health (COSH) Course
not holder of a valid contractor’s liscense.
-Failure to notify the Board of his disassociation
in accordance of paragraph 5 and 6 in Affidavit
of Undertaking
DISQUALIFICATION OF AMO
Not nominated by the firm and not possesed
managerial powers
Not a Proprieter himself or Senior Executive of a
company
Below 2 years experience in implementing a
construction project in a managerial or
supervisory capacity
-Not passing an examination accordance with
Board may investigate, classify and qualify
applicants for contractors' licenses by written or
oral examination, or both.
-Not completed a two(2)-day seminar that is
intended to equip the contractor/applicant with
the basic knowledge on construction safety,
building and lien laws, taxation, labor and other
relevant laws, and the basic principles of the
construction business.
-Not implementing a cost control measures in
matters pertaining to an efficient contruction
and installation of a project
-Didn’t ensure that the administrative and
operational policies of a construction and
engineering business are carried out under his
supervision and control.
By: Jakin Garcia
VALIDITY OF A CONTRACTOR’S LICENSE
Contractors License
In R.A. 4566 as amended by P.D. No. 1746
provides that no contractor shall engage in the
business of contracting without first having
secured a PCAB license.
It is an offense under the law to hire unlicensed
contractor.
What is the Validity of a Contractor’s License?
I. Regular License – it shall be valid for one (1)
fiscal year.
- It is valid from the 1st of July to the
30th of June of the ensuing year, unless
suspended, invalidated, cancelled revoked by
the board (PCAB).
- The license shall be renewed annually.
II. Special License – the license shall be
cancelled by the board (PCAB) upon completion
of the single specific project authorized by the
license and to which it is, therefore, restricted
even though before expiry of the fiscal year.
How to file application for Contractor’s License?
Steps:
1. Download an application form.
2. Accomplish the form properly and attached
corresponding supporting documents.
3. Submit application for check listing /
prescreening.
4. Pay the required upfront fee.
5. Wait for license release.
*Process time: New – 30 Days; Renewal – 10
Days
By: Marvin Castillo
FOREIGN EQUITY
GENERAL RULE:
-40% foreign equity
-Only 40% of the total capital of an enterprise
can be accounted to foreign investors.
-40% foreign ownership, 60% Filipino
ownership.
EXEMPTIONS
-The enterprise is not on the NEGATIVE LIST.
-The country of the former investor also allows
Filipinos and their corporation to do business in
their country.
-Must have a paid capital of 200,000 USD.(can
be reduced to 100,000 USD if it offers
employment to 50 Filipino employees) (can be
reduced to 100,000 USD if it offers ADVANCED
TECHNOLOGY)
ANTI-DUMMY LAW
Commonwealth Act No. 108
Law meant to penalize those who violate the
foreign equity restrictions of the Philippines.
By: Ma. Angelica Mendoza & Patrick Fernandez
CODE OF ETHICS FOR CONSTRUCTION
CONTRACTOR
“CODE” – A SET OF RULES OR REGULATIONS.
“ETHICS”- THE DISCIPLINE DEALING WITH WHAT
IS GOOD OR BAD WITH MORAL DUTY AND
OBLIGATION.
CONSUMER LOOK FOR A LICENSE IN THEIR
CONTRACTORS, BUT REMEMBER THAT A
LICENSE IS JUST A MINIMUM REQUIREMENT.
WHAT WILL SEPARATE YOU FROM YOUR
COMPETITORS IS YOUR COSTUMER SERVICE, A
PART OF THAT IS SPELLING OUT WHO YOU ARE.
CODE OF ETHICS
1. WILL BE FAIR, HONEST, REPECTFUL AND
PROFESSIONAL, AND ACT IN GOOD FAITH IN ALL
BUSINESS RELATIONSHIP WITH CLIENTS AND
THE PUBLIC, INCLUDING EMPLOYEES,
SUBCONTRACTORS AND SUPPLIERS.
2. WILL ALWAYS ACT IN THE INTEREST OF THE
CLIENT UNLESS DOING SO VIOLATES A LAW,
STATUE OR THIS CODE OF ETHICS.
3. WILL NOT DISCRIMINATE IN ANY BUSINESS
ACTIVITES ON THE BASIC OF RACE, NATIONAL
ORIGIN, RELIGION, GENSED, SEXUAL
ORIENTATION, FAMILY STATUS OR HANDICAP,
AND WILL COMPLY WITH ALL FEDERAL, STATE
AND LOCAL LAWS CONCERNING
DISCRIMINATION AND FAIR HOUSING.
4. WILL BE TRUTHFUL REGARDING MY
TRAINING, EXPERIENCE, QUALIFICATION AND
SERVICES.
5. WILL BE TRUTHFUL REGARDING IN LICENSES
AND CERTIFICATIONS, AND WILL PROVIDE
DOCUMENTATION UPON REQUEST.
6. WILL ACCEPT ONLY ASSIGNMENTS AND
PROJECTS FOR WHICH MY SKILLS AND
LICENSING ARE COMMENSURATE.
7. WILL UPHOLD AND COMPLY W/ ALL
GOVERNING CODES GOVERNMENT AND
MUNICIPAL STATUE RULES, AND PROFESSIONAL
LICENSING REQUIREMENTS OF THE
JURISDICTION IN WHICH I CONDUCT BUSINESS
ESPECIALLY THOSE RELATED TO SAFETY.
8. WILL STRIVE ALL TIMES TO PROMOTE HIGH-
EQUALITY AND SAFEBUILDING MATERIALS,
PRODUCTS AND TECHNIQUES.
9. WILL PROVIDE A TIMELY AND APPROPRIATE
RESPONSE TO ALL ITEMS AND WORKMANSHIP
COVERED UNDER WARANTY.
10. WILL USE GENERALLY-ACCEPTED
ACCOUNTING PRINCIPLES IN RELATION TO ALL
MY FINANCIAL TRANSACTION.
11. WILL COMPETE FAIRLY FOR PROJECTS AND
CONTRACTS, AND HAVE NO UNDISCLOSED
CONFLICT OF INTEREST WITH CLIENT OR WITH
ANY PARTY TO THE PROJECT.
12. WILL MEET ALL FINANCIAL AND
CONTRACTUAL OBLIGATIONS IN A TIMELY AND
RESPONSIBLE MANNER.
13. SHOULD CONFLICT ARISE, WILL SEEK TO
HAVE SUCH DISPUTES NEGOTIATED, INCLUDING
MEDIATION OR ATRIBUTION VIA AN IMPARTIAL
THIRD PARTY BEFORE RESORTING TO
LITIGATION.
14. WILL ENGAGE TO ETHICAL PRACTICES THAT
PUT SAFETY AND QUALITY FOREMOST.
15. I WILL NEGOTIATE FAIRLY AND OPENLY
WITH MY CLIENTS FOR REASONABLE
COMPENSATION, AND CHARGE FEES AND
EXPENSES THAT ARE REASONABLE AND
COMMENSURATE WITH THE SERVICES AND
MATERIALS TO BE PROVIDED AND THE
RESPONSIBILITIES AND RISKS TO BE ASSUMED.
WILL USE A WRITTEN CONTRACT THAT
SPECIFIES THE SERVICES TO BE PERFORMED,
LIMITATIONS OF SERVICES, AND EXPENSES AND
FEES, AND WILL ADHERE TO BOTH THE LETTER
AND THE SPIRIT OF SUCH CONTRACT.
By: Mark Codoy
FIDIC
The International Federation of Consulting
Engineers commonly known as FIDIC for its
French name (Fédération Internationale Des
Ingénieurs-Conseils)
59 consultant engineers start the international
federation on july 23,1913 from different
country
Standard Organization for the Consulting
Engineering field for its work of defining
Condition of contract for the Construction
QUALITY INTEGRITY SUSTAINABILITY
-TRANSPORT
-WATER SUPPLY
-ENERGY
-BUILDINGS
-QUALITY LIFE
General Conditions based on FIDIC
Green Book
Short form of Contract
Red Book
Condition of Contract for Construction of
Building Works and Engineering works Design
by employee
Yellow Book
Condition of Contract for Plant and Design Build
for Electrical and Mechanical Plant and for
Building and Engineering works Design by to Assist Employers in tender documents and in
Contractor. drafting particular condition of contract for
specific employer
Green Book
(Short form of contract)

Agreement

Most suited fairly simple work of short

duration without the need for specialist sub-
contractor

It is flexible containing document all the

essential administrative and commercial
arrangement.

Red Book
(Condition of contract for Constructing of
Building works and Engineering works Design
by employee)

-First published on 1957, the fourth and final

edition was published in 1987

-Majority Design rest with the employer or

Engineer

-Supervision of a project cariied out by engineer

for issuing instructions, Determining the matter
or settle a claim he is required consult eith each
party

-Forms of Tender and Contract agreement

Yellow Book
(Condition of contract for Construction of
Electrical and Mechanical works Design by
Contractor)

Electrical and Mechanical Works it focus more

type of procurement rather than nature of
works.

The contractor provides the employers

requirement which may include mechanical and
electrical or Construction works or we can
called Sub contractors