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In all cases, the attorney’s fees and expenses of litigation must be reasonable. x x x50 (Emphasis supplied. 2227. x x x47, In other words, petitioner never sent notice to respondent regarding a request for extension of time to finish the work despite its claim of the existence of circumstances fairly entitling it to an extension of the contract period. In answer to respondent�s request for arbitration, petitioner alleged that the delay was attributable to: (1) delayed turnover of the site; (2) cause of two typhoons; 3) change orders and additional works; (4) late approval of shop drawings; (5) non-arrival of chimney expert; (6) delayed payments; and (7) non-payment of the last two billings.22 It also argued that respondent suspended the construction works depriving it of the opportunity to complete the works on or before November 15, 1997.23 It also insisted that there was unlawful termination of the construction contract. The sale, importation or lease of passenger or cargo vessel and aircraft, Art. 13-98. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer’s default, Seller shall retain, as liquidated damages the deposit actually paid. Liquidated damages clauses are a useful tool that should be included in construction contracts when the delay of the project completion is critical for the program or will cost the University unforeseen expense, as, for example, when a delay will impact a research program or the timely completion of a … Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. Philippine Supreme Court Decisions On-Line : Spouses Carmen Tongson and Jose Tongson vs. Thus, petitioner aptly set up its counterclaims before the CIAC.35 The CA also sustained the CIAC�s conclusion on the illegality of the termination of the construction contract for failure of respondent to comply with the 15-day notice.36 It, however, could not agree with the CIAC as to respondent�s claim for liquidated damages. Art. 2235. Property Relations Between Husband & Wife, Book 2: Property. Some contractors are quick to challenge the validity of a liquidated damages provision in the hope of avoiding liability to pay damages for late completion. No. Interest cannot be recovered upon unliquidated claims or damages, except when the demand can be established with reasonably certainty. The resolution of the issue of respondent�s entitlement to liquidated damages hinges on whether petitioner was in default in the performance of its obligation.39. (1109a). 1. At the outset, the Court notes that the case involved various claims and counterclaims separately set up by petitioner and respondent. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per cent per annum. Petitioner elevated the matter to the CA docketed as CA-G.R. 143154, June 21, 2006, 491 SCRA 557, 579-580. Subcontracts and liquidated damages. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. Art. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation. It is noteworthy that at the time such adjustment was given, respondent specified that liquidated damages shall be applied beyond the extended period given as provided for in their Construction Contract.51 Clearly, respondent had also made a demand for the payment of said damages should delay be incurred by petitioner beyond the new agreed dates. 2206. The CIAC found that petitioner incurred delay in the completion of the project. Such damages are separate and distinct from fines and shall be paid to the offended party. While it did file a request for extension which was granted until April 7, 1997, the project remained incomplete and no further extension was asked26 Notwithstanding the delay, the CIAC found the termination of the contract illegal for respondent�s failure to comply with the requirements of termination, as the contract specifically provides that petitioner be given 15-day notice prior to such termination.27 It added that petitioner�s delay was overridden by the unlawful termination of the contract.28 Consequently, respondent was not awarded liquidated damages.29 For failure to submit sufficient evidence, the CIAC also found respondent not entitled to the additional cost to complete the project.30 As to the cost of correcting the defects, it concluded that although respondent failed to prove the cost of correcting the defects, reasonable cost should be awarded in view of the admitted and proven defects.31 Finally, the CIAC found petitioner entitled to the 10% retention which is P1,012,139.89 from which respondent�s claims should be deducted.32 In effect, both petitioner�s and respondent�s claims and counterclaims were partly granted. The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code. As worded, the amount agreed upon answers for damages suffered by the owner due to delays in the completion of the project. COURT OF APPEALS and HERBAL COVE REALTY CORPORATION, Respondents. Carlos Construction, Inc. v. Marina Properties Corporation, G.R. Contracts generally include a clause making provision for the contractor to pay liquidated damages (LD, sometimes referred to as liquidated and ascertained damages - LADs) to the client in the event that the contract is breached. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. They are, however, subject to income tax, the same being compensation for loss of anticipated profits. SECTION 3. ATLANTIC ERECTORS, INC., Petitioner, Physical, exemplary, and moral damages except damages for loss of profit in property are not taxable. Lack of interest to make a firm commitment to finish the project.17. That attempt is judged as of the date the contract was signed. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless, before the court may consider the question of granting exemplary in addition to the liquidated damages… Art. 2230. Liquidated damages are those that the parties agree to be paid in case of a breach. Article 2227. It is attached to an obligation in order to ensure performance and has a double function: (1) to provide for liquidated damages, and (2) to strengthen the coercive force of the obligation by the threat of greater responsibility in the event of breach.40 The amount agreed upon answers for damages suffered by the owner due to delays in the completion of the project.41 As a pre-condition to such award, however, there must be proof of the fact of delay in the performance of the obligation.42, To resolve the question of default by the parties, we must re-examine the terms of the Construction Contract and the relevant documents which form part of the parties� agreement. 13 Exhibit "J"; Expanding Envelope No. 2213. Liquidated damages for failure to deliver an obligation at a guaranteed date represent indemnification for the unexpected loss of assets, and are not subject to VAT. As a general rule, contracts constitute the law between the parties, and they are bound by its stipulations. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. 17 Exhibit "U"; Expanding Envelope No. vs. Art. 28-42. OWNER�S RIGHT TO RECOVER LIQUIDATED DAMAGES: Neither the taking over by the Owner of the work for completion by administration nor the re-letting of the same to another Contractor shall be construed as a waiver of the Owner�s rights to recover damages against the original Contractor and/or his sureties for the failure to complete the work as stipulated. Liquidated damages are calculated based on what the owner would lose if the project was not completed on time (final completion) and the owner was prevented from using the project as it was intended. Besides, the General Conditions specifically lay down the requirements for a valid extension of the contract period, to wit: Article 21.04. 2. Under Philippine laws, these damages take the nature of penalties. However, if the project is substantially completed, meaning the owner can make use of the project beneficially, then they may not be able to assess liquidated damages. Delayed completion of the project; and, 3. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. Liquidated Damages: Present in certain legal contracts, this provision allows for the payment of a specified sum should one of the parties be in breach of contract . Art. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. Yet it still reneged on its obligation. Temperate damages must be reasonable under the circumstances. Additional extension was requested due to bad weather condition that prevailed during the implementation of the projects, again causing excusable delay. 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