Licomcen v. Engr. Salvador Abainza

Summary

This case involves a construction contract dispute where contractor Salvador Abainza sought payment of P1,777,202.80 for additional work performed on an air-conditioning ductwork project due to substantial plan changes ordered by LICOMCEN, Inc. The Supreme Court affirmed the lower courts' decisions holding LICOMCEN liable for the additional costs. The Court ruled that defenses not pleaded in pre-trial are deemed waived under procedural rules, and Article 1724 of the Civil Code requiring written authorization for plan changes was inapplicable since no original contract was ever signed by both parties. The decision establishes that when a contractor performs additional work upon the client's orders and with the client's supervision and approval, the client cannot escape liability by invoking technical contract requirements that were never met from the outset. The case demonstrates the interaction between substantive contract law and procedural rules regarding pleadings and pre-trial requirements.