University files raps vs. installer of cladding

CEBU, Philippines - Cebu Doctors’ University has filed a complaint for breach of contract and damages against the advertised proprietor of “Steel+Stone” on March 16 before the Regional Trial Court.

In its complaint, the said institution built a new campus at the North Reclamation Area Boardwalk in Mandaue City wherein its façade needed the use of cladding materials. 

Bernard Vonn Sia, a resident of Salinas Drive in barangay Lahug, this city and the said proprietor of “Steel+Stone”, agreed and was paid P4,321,400 by the complainant to supply and install the cladding.

Thereafter, Sia was able to install 90 percent of the cladding. Despite the noted defects, the effect of the entire installation was good and, allegedly, CDU was made to believe that it will be completed on time.

In believing so, CDU moved out and shut down their facilities in Kamuning Street, Cebu City so that their classes will start at the new building in June 2007.

However, according to the complaint, pieces of the cladding started to fall that Sia had to repair them but failed to continue the detachments.

The complainant pointed out that the principal causes of the said damage were “careless installation, use of weak or inappropriate support materials, and poor anchorage.”

Moreover, blocks of cladding and framing fell that it disappointed the establishment for such encouraged negative feedbacks.

CDU also claimed that an accident did occur as to the said negligence on Sia’s part. The complainant specified that a taxicab driver was injured while his cab and four other cars were damaged while an adjacent establishment’s roof was torn.

CDU was left in caring for the injured persons, as well as in fixing the damages that caused them P101,419. Sia who was supposed to be responsible about the situation allegedly failed to do so.

As the complainant was about to give up the design, Dakay Construction, which was then constructing the dormitory, provided a solution on using strong materials for the refitting of the façade and the replacement of the cladding. The establishment ended up working on the project wherein CDU had to pay them P4,600,000.

CDU asked Sia to compensate for their expenses but the latter refused to do so forcing the former to file the said complaint.

The complainant requires Sia to pay P4,701,419 for actual damages. CDU also demanded P500,000 for moral and exemplary damages and P200,000 for attorney’s fees. – Iris Christine Cornito and Angelica Odias, UP interns/MEEV   (THE FREEMAN)