Petitioner
Ngo Sin Sing
Respondent
Li Seng Giap & Sons
Citation
G.R. No. 170596
Court
Supreme Court
Division
Third Division
Ponente
Nachura, J.
Decided
November 28, 2008

Summary

This case involves property damage caused by excavation work during construction. Petitioner spouses contracted Contech to build a 5-storey building, and during excavation work, the adjacent Li Seng Giap Building suffered structural damage including cracks and sagging. The respondent company sought P8,021,687.00 for reconstruction costs. The Supreme Court found contributory negligence by the respondent for adding floors without proper foundation reinforcement, and primarily held Contech liable as the contractor who failed to provide adequate lateral support during excavation. The Court applied quasi-delict principles and the doctrine of supervening negligence, ultimately ordering Contech alone to pay P4,010,843.50 (50% of damages), recognizing that ordinary property owners should be able to rely on their contractor's technical expertise and that the contractor had the last clear opportunity to prevent the harm through proper construction methods.

Statutes applied

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By the Intellegal Editorial Board · November 28, 2008

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