Contractor’s Obligations for As-Built Plans in Philippine Construction Contracts
Disclaimer: This article is for general information only and does not constitute legal advice. Always consult qualified Philippine counsel or the relevant government office for specific situations.
1. Overview
“As-built plans” (also called record drawings or as-constructed drawings) are the graphical record of the works exactly as they were built in the field, showing every deviation—however minor—from the original approved drawings. In the Philippines these plans are not optional; a contractor’s duty to produce and submit them is imposed by a mosaic of statutes, regulations, contract conditions and professional-practice rules. Failing to comply can suspend final payment, delay the Certificate of Completion or Occupancy, expose the contractor to liquidated damages, and even jeopardize its PCAB license.
2. Principal Legal Sources
| Instrument | Key Obligation Imposed on Contractor |
|---|---|
| Presidential Decree 1096 – National Building Code (NBC) & 2004 IRR | §309 & §311 IRR: Upon project completion, submit as-built or record plans—signed & sealed by the designing professional and approved contractor—before the Building Official issues a Certificate of Completion/Occupancy. |
| Republic Act 9184 – Government Procurement Reform Act & 2016 IRR | §4.10(I) & §37.2.3: As-built drawings form part of the “Operating and Maintenance Manuals & Other Documents” that must be delivered before final acceptance and release of retention money. |
| DPWH Standard Specifications & Contract Conditions (Blue Book, latest edition) | Item 103.3 & GP-14: Contractor shall keep up-to-date record drawings; submit reproducible mylars + electronic files within 28 days of substantial completion. |
| CIAP Standard Contracts for Private Construction (CIAP DOCS 102 & 103) | Art. 50 & 54: As-built drawings are a deliverable. Engineer/Architect may withhold Certificate of Completion or deduct preparation cost if contractor defaults. |
| Civil Code of the Philippines | Arts. 1713-1743 (Contract for Piece of Work) & Art. 1723 (structural liability): The finished work must conform to plans and specs; as-built plans evidence compliance and may be required to avert liability. |
| Local Government Code (1991) & LGU Building Permit Ordinances | Many LGUs expressly echo NBC §309, linking issuance of a business permit or real-property tax appraisal to submission of as-built drawings. |
| PCAB Rules (RA 4566 IRR) | Failure to turn over required project documents, including as-builts, can ground an administrative case or license suspension. |
3. What Exactly Counts as an As-Built Plan?
Content. All structural, architectural, MEPF, utility and site-development components, showing:
- revised dimensions, elevations & coordinates;
- field-routed conduits, sleeves & penetrations;
- approved change-orders, field instructions, RFIs;
- hidden works (e.g., rebar splice locations, welded joints);
- manufacturer shop-drawing details actually installed;
- geotechnical data points (for horizontal projects).
Format.
- Hard copy: full-size sheets, stamped “As Built”, signed & sealed by the respective professionals (Architect, Civil/Structural/Professional Electrical Engineer, etc.) and the contractor’s authorized representative.
- Electronic: PDF plus editable CAD/BIM files (DWG, RVT, IFC, or per employer’s data-drop requirements).
- Metadata: layering standards, coordinate system (e.g., PRS92 / WGS84 for DPWH), revision log.
4. Timeline & Procedural Steps
4.1 During Construction
- Daily red-line mark-ups. Foremen, surveyors and QC engineers continuously annotate the latest IFC (Issued-For-Construction) drawings.
- Change documentation. Every Variation Order, Field Bulletin, or Architect’s Supplemental Instruction must be reflected within seven (7) days in the working red-line set.
- Periodic inspection. Resident engineer or Building Official may inspect red-line drawings during site visits.
4.2 Before Substantial Completion
- Draft as-built compilation. Usually begins at 80-90 % progress to avoid backlogs.
- Coordination meeting. Contractor, designer and project manager reconcile discrepancies.
4.3 Final Submission Package
| Deliverable | Typical deadline (public works) |
|---|---|
| 2 × printed sealed sets | ≤ 28 days after Taking-Over Certificate |
| 1 × mylar/repro film set | Same as above |
| CAD/BIM flash drive or cloud upload | Same as above |
| Certification of As-Built Compliance (DPWH Form 14-170) | Same |
| O&M manuals & warranties | Same |
Private contracts often peg the deadline to 14 days before the scheduled final inspection.
5. Allocation of Responsibilities
| Party | Core Duties |
|---|---|
| Contractor | Maintain red-line drawings; generate CADD/BIM as-builts; obtain signatures; shoulder cost unless contract states otherwise. |
| Lead Designer/Architect-of-Record | Review, validate and seal discipline-specific sheets; may refuse sealing if drawings are inaccurate. |
| Project Manager/Engineer | Verify completeness; endorse as-builts for Owner/Building Official approval. |
| Owner/Employer | Provide original design files; pay for extra scope if beyond normal deviation (unless lump-sum includes it). |
| Building Official / DPWH District Engineer | Accept or reject as-built plans as part of completion/occupancy clearance. |
6. Legal Consequences of Non-Compliance
Withholding of Final Payment and Retention Money – RA 9184 & DPWH GP-14 allow the Procuring Entity to defer payment until correct as-builts are delivered.
Liquidated Damages / Delay Damages – Time to submit as-builts is part of the Contract Time; lateness subjects the contractor to LDs (often 0.10 % of Contract Price per day).
Suspension or Revocation of PCAB License – Under §14.2, PCAB can penalize contractors who habitually fail to turn over completion documents.
No Certificate of Completion / Occupancy – Building Official may refuse to issue, preventing lawful use, leasing, or issuance of real-estate titles.
Civil Liability for Defects – Art. 1723 Civil Code imposes 15-year structural liability; accurate as-built plans are a defense and evidentiary safeguard against latent-defect suits.
Criminal & Administrative Penalties – False certifications can be prosecuted under the Revised Penal Code for falsification of public documents; professionals risk PRC license suspension.
7. Jurisprudence & Administrative Rulings
| Case / Opinion | Gist |
|---|---|
| DPWH Dept. Order 163-2019 | Clarifies that payment of final progress billing “shall not be processed” without as-built drawings & geotagged photos. |
| COA Decision No. 2012-112 | Disallowed final payment to a contractor because as-built plans were missing; affirmed that these plans are “indispensable evidence of government property.” |
| SC: Pioneer Insurance v. CA, G.R. 170868 (2013) | Recognized as-built drawings as primary proof that works complied with fire-code clearances, influencing insurer’s liability. |
| Ombudsman Case OMB-C-A-18-0054 | Dismissed LGU engineers for issuing occupancy permits without verifying contractor’s as-built submissions. |
(Full texts are available in the Supreme Court e-Library and DPWH website.)
8. Special Contexts
8.1 Infrastructure & Horizontal Projects
Roads, bridges, flood-control and airports require georeferenced as-builts tied to the Philippine Reference System PRS92. The contractor must also turn over ROW (Right-of-Way) monumenting data.
8.2 Design-Build (EPC) Contracts
Because the contractor is also the designer, the as-built plans must reflect both design development and field changes; the Independent Checking Engineer typically audits the process.
8.3 BIM-enabled Projects
Government infra projects ≥ ₱1 billion now mandate BIM. The 2021 BIMPAP (BIM Protocol for Public Works) treats the LOD 500 model as the digital as-built deliverable, superseding 2-D sheets.
9. Best-Practice Checklist for Contractors
- Start Day 1. Print a clean “red-line” set before mobilization.
- Appoint a Record-Drawing Officer. Usually the QA/QC engineer.
- Daily Updates. Mark every field change before close of shift.
- Weekly Digital Sync. Transfer mark-ups into CAD/BIM; cloud-share with designer.
- Keep Photos & Coordinates. Use mobile apps that tag photos to drawing sheets.
- Change-Order Integration. Incorporate VOs immediately after approval.
- Mid-Project Audit. At 50 % and 75 % completion, review completeness with owner’s rep.
- Professional Sign-off Flow. Plan ahead for multiple discipline seals (structural, electrical, sanitary, fire protection).
- Final QC Sprint. Allocate at least 10 % of project schedule solely for as-built preparation.
- Archive & Handover. Provide both native files and long-term open formats (PDF-A, IFC).
10. Conclusion
In the Philippine construction landscape, as-built plans are both a legal obligation and a practical safeguard. They protect owners, regulators and future occupants, while shielding contractors from lingering liabilities. Meticulous record-drawing management—treated as an integral work item, not an afterthought—will accelerate project turnover, unlock final payments, and fortify the contractor’s professional reputation.
Key Takeaway: Build it right, draw it right, hand it over—or be ready for payment holds, penalties, and legal exposure.