Title
H.S. Pow Construction and Development Corp. vs. Shaughnessy Development Corp.
Case
G.R. No. 229262
Decision Date
Jul 7, 2021
HSPCDC sued SDC for unpaid construction work; SC upheld liability for incomplete tasks but deleted delay penalty, citing SDC's changes and additional works.

Case Digest (G.R. No. 229262)
Expanded Legal Reasoning Model

Facts:

  • Contractual Engagement
    • On September 2001, H.S. Pow Construction and Development Corporation (HSPCDC) entered into a Construction Contract with Shaughnessy Development Corporation (SDC) for P10,500,000.00, inclusive of materials, labor, overhead, bonds, and VAT; with no escalation clause; work to commence within 10 days from notice to proceed and complete within 180 days.
    • Construction began May 21, 2002; SDC approved variation orders costing P552,829.75; SDC also instructed HSPCDC to build three duplex units outside original scope.
  • Performance, Billing, and Demand
    • By March 3, 2003, road network was complete; HSPCDC submitted progress billing of P766,556.46 (Jan 10–Mar 3, 2003); SDC deferred payment and made no response to follow‐up letters.
    • On November 11, 2003, HSPCDC sent a Summary of Account demanding P2,122,704.55 (main contract balance P1,081,584.80; duplex units P488,290.00; variation orders P552,829.75); SDC refused payment.
  • Trial Court and Appeals
    • HSPCDC filed Complaint in RTC Quezon City (Civil Case No. Q-05-55081) for P2,122,704.55 plus 12% interest, attorney’s fees, and damages; SDC counterclaimed for P1,078,067.80 (completion expenses, penalties, exemplary damages, litigation costs).
    • RTC (Oct 29, 2010) awarded HSPCDC P44,270.94 (main contract), P552,829.75 (variations), P488,290.00 (duplex), 10% attorney’s fees, and 12% interest from finality; CA (Aug 16, 2016) reversed, awarded SDC P362,781.72 (well-drilling), P359,503.80 (water tank), P1,050,000.00 (delay) against HSPCDC, and HSPCDC P2,069,874.80 against SDC, with 6% interest; SC granted HSPCDC’s petition in part (July 7, 2021).

Issues:

  • Did the CA err in directing HSPCDC to pay SDC P362,781.72 for well-drilling and P359,503.80 for the elevated water steel tank?
  • Did the CA err in holding HSPCDC liable for P1,050,000.00 in delay penalties?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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