Contractor XYX  and the Province of Tawi-Tawi, as Project Owner, had a construction dispute. Pedro was Claiming for the return of Retention Money equivalent to P5,000,000.00 inclusive of Arbitration Fees, Attorney’s Fees and Moral Damages.  The project owner made a Counterclaim in the total amount of  P7,000,000.00  representing damages for defective works, damages for delay (Liquidated Damages) as well as Moral Damages, Exemplary Damages,  Arbitration Fees and Attorney’s Fees. XYZ filed the Case before the CIAC on  August  17, 2021.  After 115 Days, or today December 10, 2021, the Construction Arbitral Tribunal ruled that the Contractor is entitled to a Total of  P3,000,000.00. The Award is with interest until the Award is paid.      a. In the imposition of interest, what do you think was the rate of  interest AND what  will the  reckoning date of interest:  From the Date of filing of the case  or From the Date of Tribunal Award? Briefly state your reason.  If the Government did  not make any further legal steps and opted to pay after  200 Days from the date of Award, how much will be the  total amount due from the Government? Why?

icon
Related questions
Question
  1. Contractor XYX  and the Province of Tawi-Tawi, as Project Owner, had a construction dispute. Pedro was Claiming for the return of Retention Money equivalent to P5,000,000.00 inclusive of Arbitration Fees, Attorney’s Fees and Moral Damages.  The project owner made a Counterclaim in the total amount of  P7,000,000.00  representing damages for defective works, damages for delay (Liquidated Damages) as well as Moral Damages, Exemplary Damages,  Arbitration Fees and Attorney’s Fees. XYZ filed the Case before the CIAC on  August  17, 2021. 

After 115 Days, or today December 10, 2021, the Construction Arbitral Tribunal ruled that the Contractor is entitled to a Total of  P3,000,000.00. The Award is with interest until the Award is paid.     

  1. a. In the imposition of interest, what do you think was the rate of  interest AND what  will the  reckoning date of interest:  From the Date of filing of the case  or From the Date of Tribunal Award? Briefly state your reason.
  2.  If the Government did  not make any further legal steps and opted to pay after  200 Days from the date of Award, how much will be the  total amount due from the Government? Why?
Expert Solution
steps

Step by step

Solved in 3 steps

Blurred answer