Title
Source: Supreme Court
Shangri-La Properties, Inc. vs. BF Corp.
Case
G.R. No. 187552-53
Decision Date
Oct 15, 2019
Construction dispute between SLPI and BFC over EDSA Plaza Project; CIAC arbitration awarded BFC P46.9M, SLPI P8.4M; CA modified awards, upheld by SC, final net award P38.5M to BFC.

Case Summary (G.R. No. 187552-53)

Antecedents of the Dispute

The controversy originated from a contract for the execution of builder's work for Phases I and II and the Car Parking Structure of the EDSA Plaza Project, which was executed between SLPI and BFC. BFC filed a lawsuit against SLPI for the collection of P228,630,807.80, which was subsequently submitted for arbitration at CIAC. The case highlights the key issues, primarily concerning various claims for damages, unpaid work, and the procedural matters related to arbitration.

The Arbitral Tribunal's Findings

The Arbitral Tribunal composed of Engr. Eliseo Evangelista, Ms. Alicia Tiongson, and Atty. Mario Eugenio Lim carefully reviewed the claims of both parties. The Tribunal ruled in favor of BFC for several claims related to unpaid progress billings, changes to work orders, and retention money, while granting SLPI its counterclaim for liquidated damages due to delays. The final net award indicated that SLPI owed BFC P38,518,494.73, plus legal interest.

Court of Appeals Ruling

The Court of Appeals (CA) partially granted the consolidated petitions from SLPI and BFC, affirming certain aspects of the Arbitral Tribunal's decision while modifying financial awards. This included increasing BFC’s award for unpaid progress billings based on original scope work while reducing other claims. The CA decisions highlighted procedural considerations of the arbitration context and the evidence presented.

Issues from the Appeal

Both parties raised several issues during the appeal process:

  1. BFC challenged the CA’s denial of its claims for variation works and damages caused by SLPI’s nominated sub-contractors.
  2. SLPI contended against the increased awards granted to BFC from the Arbitral Tribunal’s original amounts, particularly for unpaid progress billings and liquidated damages.

Judicial Review of Factual Findings

The Supreme Court reviewed the appeal, noting its limitations regarding factual findings as a general principle while also recognizing exceptions wherein factual discrepancies and contradictions can allow for judicial intervention. The Court reaffirmed the principle that factual determinations made by specialized tribunals like CIAC are to be respected unless clear and convincing evidence of error is presented.

Conclusion on Variation Works

The Court upheld the Arbitral Tribunal's findings on BFC's claims for variation works authorized by SLPI, reinforcing the need for written instructions as per Article 1724 of the Civil Code. This decision underscored the necessity for proper documentation in variation claims and the recognition of terms agreed upon in the contractual relationship.

Rulings on Damages and Interest

With regard to BFC's claims for damages caused by sub-contractors and for fire damage and repairs, the Court agreed with the lower courts’ findings that BFC was not entitled to those claims due to a lack of proof demonstrating SLPI's liability or the existence of recoverable insurance proceeds. BFC’s challenges regarding the computation of legal interest were also addressed, with the Court restoring the amounts stipulated by the Arbitral Tribunal.

Final Jud

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