Civil case readied vs ACE Builders
The City Legal Office headed by Atty. Jose Junio Jacela is preparing to file civil charges against contractor Ace Builders Enterprises (ABE) for abandoning the P130- million housing project of the city government in Brgy. Ungka, Pavia town.
Jacela said the filing of case will push through eventhough the notice of termination of contract issued by Mayor Jed Patrick Mabilog last August 23, was not served to ABE president Alex Trinidad.
“It is up to them to defend themselves in court,” he said.
On Monday, the inventory and evaluation team created by Mabilog through Executive Order 022 started their factual inspection of the 304 housing units at the site.
Part of Mabilog’s order is to recover some valuable materials that still could
be used by the city government in some future projects.
After the inventory, the mayor said he will discuss with the team what to do – either to continue the project or lease or sell the whole project, including the lot, to private investors.
The inventory team has been given 15 days to submit their report and recommendations.
In 2003, the ABE abandoned the project after it was found to have used substandard materials in the housing units.
Mabilog, in the notice of termination, asked Trinidad “to participate (in a joint inventory and evaluation) on or before Oct. 10, 2010,” adding his “failure to appear shall be deemed a waiver of whatever rights you have under the contract.”
The ABE contract has been being revoked on the grounds of “substantial defects in workmanships and use of substandard materials in the partially completed units such as but not limited to roofing sheets, ceiling board and reinforcement steel bars.”
Mabilog said the contractor’s shortcomings are contained in the “Summary of Cost of Report on Finding of Substandard Materials and Report of Defects, Deficiencies and Discrepancies as of June 30, 2003 issued by the Office of the City Engineer and Commission on Audit Evaluation Report dated Nov. 16, 2005.”
Other violations include “non-compliance with the plan and deviations of actual work from the approved plans and specifications such as unauthorized use of the unprescribed fascia board.”*
