Petitioner
Urban Consolidated Constructors Philippines
Respondent
The Insular Life Assurance Co.
Citation
G.R. No. 180824
Court
Supreme Court
Division
Third Division
Ponente
Ynares-Santiago, J.
Decided
August 28, 2009

Summary

This case involves a construction contract dispute between Urban Consolidated Constructors and Insular Life Assurance over a six-storey building project. Urban sued for collection of unpaid amounts claiming Insular caused construction delays, while Insular counterclaimed for liquidated damages due to Urban's delayed completion. The Supreme Court affirmed that Urban was liable for liquidated damages as the contractor had the primary obligation to furnish materials and complete the project on time. However, applying Civil Code provisions on penalty reduction, the Court reduced the liquidated damages from the contractually stipulated amount to P1,940,000.00, considering Urban's substantial performance (97% completion), absence of bad faith, and Insular's contributory delay in releasing payments. The case establishes important precedents on the equitable reduction of liquidated damages in construction contracts under Articles 1229 and 2227 of the Civil Code.

Statutes applied

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By Intellegal Editorial Board · August 28, 2009

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