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JurisprudenceG.R. No. 141115 -

G.R. No. 141115 - POSADAS-MOYA AND ASSOCIATES CONSTRUCTION CO., INC., VS. GREENFIELD DEVELOPMENT CORPORATION, JARDINE LAND, INC. AND CASTLETON PROPERTY DEVELOPMENT CORPORATION.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 361,RA 739,RA 141,RA 756,RA 113,RA 624,RA 224,RA 6657,RA 640,
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TL;DR — Ruling

WHEREFORE , judgment is hereby rendered and award is made on the monetary claims made by the parties as follows: I. FOR THE CLAIMANT-CONTRACTOR PMACCI: P1,052,233.78— for its work accomplishment for the period from 01-15 September 1998 to be paid separately, as follows: P137,138.50 — for GDC 610,298.

Decision

Ruling

WHEREFORE , judgment is hereby rendered and award is made on the monetary claims made by the parties as follows: I. FOR THE CLAIMANT-CONTRACTOR PMACCI: P1,052,233.78 for its work accomplishment for the period from 01-15 September 1998 to be paid separately, as follows: P137,138.50 for GDC 610,298.28 for JLI 304,797.00 for CPDC P191,373[.19] for the total net additive costs to be paid separately, as follows: [P]47,302.69 for the net additive claim uncontested by JLI 143,615.66 GDC 454.84 CPDC P1,311,900.17 for the value of construction materials left at project site. Said obligation shall be jointly and severally paid to the Claimant by the Respondents. P5,400,735.25 as refund of retention moneys to be paid separately as follows: JLI P2,708,356.05 GDC 1,395,780.56 CPDC 1,296,599.12 Total P5,400.735.25 - P7,956,242.39 GRAND TOTAL DUE TO THE CLAIMANT BROKEN DOWN AS FOLLOWS: P1,676,534.72 from GDC 3,35,957.02 [11] from JLI 1,601,850.96 from CPDC 1,311,900.17 from all collectively P7,956,242.39 GRAND TOTAL II. FOR THE RESPONDENTS: GREENFIELD DEVELOPMENT CORPORATION P8,800.00 for the value of 100 bags of Portland Cement borrowed by the Claimant P55,200.00 for rental of construction equipment used by the Claimant in the works P2,466,546.57 for the refund of the unrecouped downpayment P259,780.13 for reimbursement of the amount paid for utilities P74,455.58 for liquidated damages on the SDUs P2,864,782.28 Total due to GDC CASTLETON PROPERTIES & DEVELOPMENT CORP. P1,847,254.47 for the refund of the unrecouped downpayment 274,156.34 for liquidated damages on the SDUs P2,121,410.81 Total due to CPDC JARDINE LAND, INC. [P]3,432,163.86 for the refund of the unrecouped downpayment 675,044.89 for liquidated damages on the SDUs P4,107,208.75 Total due to JLI ALL RESPONDENTS COLLECTIVELY P65,268.45 reimbursement of amounts advanced for occupancy permit fee, inspection fee, certificate of electrical inspection, miscellaneous fee and city ordinance contractors' tax P623,094.58 as liquidated damages on the amenities contract P1,041,727.92 Total due to all Respondents collectively P10,135,129.76 GRAND TOTAL DUE TO RESPONDENTS "Claimant is hereby further required to turn over to the Respondents the original of the building permits for the project and the project logbook. "OFFSETTING the grand total amounts due to the Claimant-Contractor and the Respondents, respectively, a balance of P2,178,887.37 remains in favor of the Respondent-Owners. Claimant-Contractor POSADAS-MOYA AND ASSOCIATES CONSTRUCTION CO., INC. (PMACCI) is accordingly directed to pay said balance of P2,178,887.37 to the Respondents collectively. Interests on the foregoing amount shall be paid at the rate of 6% per annum from the date of this Decision. After finality of this Decision, interest at the rate of 12% per annum shall be paid thereon until full payment of the awarded amount shall have been made, ` this interim period being d