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Demand Damages to Developer

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1 Demand Damages to Developer on Sun Mar 18, 2018 1:57 pm


Arresto Menor
Hello Legal Expert,

I am an architect and currently have an ongoing residential project in Batangas. My client and I have issues with the developer. We are the first to build in the said subdivision.

1) We paid the construction bond and water utility connection and yet the developer have not yet provided the said water utility connection.

2) No Electricity Connection yet. The local electric cooperative has unresolved legal issues with the developer.

We had our mobilization last October 15, 2017 and the contract due is 150 calendar days. So it is past due last week.

Our present supply of water is thru the decommissioned water tank of the subdivision. Pipe local water had already laid since November last year, however the developer failed to provide us metered supply from the cooperative. We are the one's paying for the electricity needed to pump the water.

On the issue of electricity, the developer only allowed us to temporarily tap at the clubhouse last January 20, 2018. The clubhouse is 150 meters away from the construction site. Technically, we can not use most of the electrical equipment due to voltage drop.

As of now, we are only halfway or 50% of the expected accomplishment which is due last week.

Aside from the liquidated damages (per day of delay) I can claim. What other compensatory damages we can claim/demand ( property owner and contractor) to the developer?

Thank you very much

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