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On January 9, 2019, Contractor A filed before the Construction Industry Arbitration Commission (CIAC) a case against PHISAR, Owner of the PROJECT VACCIPAN19. There is
On January 9, 2019, Contractor A filed before the Construction Industry Arbitration Commission (CIAC) a case against PHISAR, Owner of the PROJECT "VACCIPAN19". There is an Arbitration Clause contained in the contract of the parties. As shown in the "TERMS OF REFERENCE (TORY signed by Official Representatives of both Parties, their Counsels and the Arbitral Tribunal, Claimant is asking for the total amount of P15,000,000.00 for the Retention Money that is still in the hands of the Owner. Such amount represents the Sum Total of the TEN PERCENT (10%) withheld by the Owner every time a Periodic Net Progress Billing was approved by the Owner. Among its Counterclaims, the Respondent Project Owner is asking for the Total Amount of P15,000.000.00 for Liquidated Damages due to 100 Days of Delay incurred by the contractor. The contract signed by the parties provides, among others, that LIQUIDATED DAMAGES (LD) shall be equivalent to 1% of 10% of the "Total P150,000.000 Contract Price" Per Day of Delay and that such Liquidated Damages shall not exceed 10% of the Total Contract Price. (Recall that for government projects, LD is 1% of 10% of Total Value of Unfinished Portion of the Project)] Based on the Pleadings, Testimonies of the Parties, Hearing. Formal Offer of Evidence and Memoranda of the parties, the Arbitral Tribunal was able to establish, among others, the following: The Respondent received a demand letter on December 7, 2018 from the Claimant . The Claimant is entitled to all the Retention Money as Claimed. Taking into consideration the delay of the Owner in timely providing "Owner Supplied Materials (OWM)" the Net Unjustified Delays incurred by the Claimant Contractor was 90 DAYS DISREGARDING the OTHER TOR ISSUES such as Unearned Profits (TOR says that Owner was not able to earn monthly rentals due to claimant's delays. But Claimant says that such issue is already covered by the contract provision on Liquidated Damages, since such issue was never included in the contract), Moral Damages. Exemplary Damages, Attorneys Fees and Arbitration Expenses a. Based on the above, what is the Total Amount that the Tribunal should award to the Claimant, if there is any? b. If ever the Tribunal imposes interest, how much is the interest rate to be imposed and what is the reckoning date for the imposition of such interest? On January 9, 2019, Contractor A filed before the Construction Industry Arbitration Commission (CIAC) a case against PHISAR, Owner of the PROJECT "VACCIPAN19". There is an Arbitration Clause contained in the contract of the parties. As shown in the "TERMS OF REFERENCE (TORY signed by Official Representatives of both Parties, their Counsels and the Arbitral Tribunal, Claimant is asking for the total amount of P15,000,000.00 for the Retention Money that is still in the hands of the Owner. Such amount represents the Sum Total of the TEN PERCENT (10%) withheld by the Owner every time a Periodic Net Progress Billing was approved by the Owner. Among its Counterclaims, the Respondent Project Owner is asking for the Total Amount of P15,000.000.00 for Liquidated Damages due to 100 Days of Delay incurred by the contractor. The contract signed by the parties provides, among others, that LIQUIDATED DAMAGES (LD) shall be equivalent to 1% of 10% of the "Total P150,000.000 Contract Price" Per Day of Delay and that such Liquidated Damages shall not exceed 10% of the Total Contract Price. (Recall that for government projects, LD is 1% of 10% of Total Value of Unfinished Portion of the Project)] Based on the Pleadings, Testimonies of the Parties, Hearing. Formal Offer of Evidence and Memoranda of the parties, the Arbitral Tribunal was able to establish, among others, the following: The Respondent received a demand letter on December 7, 2018 from the Claimant . The Claimant is entitled to all the Retention Money as Claimed. Taking into consideration the delay of the Owner in timely providing "Owner Supplied Materials (OWM)" the Net Unjustified Delays incurred by the Claimant Contractor was 90 DAYS DISREGARDING the OTHER TOR ISSUES such as Unearned Profits (TOR says that Owner was not able to earn monthly rentals due to claimant's delays. But Claimant says that such issue is already covered by the contract provision on Liquidated Damages, since such issue was never included in the contract), Moral Damages. Exemplary Damages, Attorneys Fees and Arbitration Expenses a. Based on the above, what is the Total Amount that the Tribunal should award to the Claimant, if there is any? b. If ever the Tribunal imposes interest, how much is the interest rate to be imposed and what is the reckoning date for the imposition of such interest
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