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Good evening! I am CARMELA D.C. MASIBAY from Taguig City. I am into a construction business. My problem is about my BUILDING FACADE GLASS CURTAIN WALL in one of the on going building construction located at Pasig City.
The Contract Price was 1.5M that includes Glass Curtain Wall at the Facade of the Building, Aluminum Cladding and all the Window Profiles at the back area of the building.
Honestly, the price i gave to the Gen. Con. was way too low because i just wanted to help him.
I have the notice to proceed and the contract of such.
I ordered the glass from China thru a Filipino Supplier.
I paid the downpayment to my glass supplier and the glass was fabricated.
After the fabrication, there has been revisions. In fact, in mu contract with the Gen. Con. it was stated that "ANY REVISION OR CHANGES THE GEN. CON MUST INFORMED THE SUB-CONTRACTOR AHEAD OF TIME BEFORE THE GOODS ARE FABRICATED, OTHERWISE IF THE GOODS ARE FABRICATED THEY WILL HAVE TO PAY EXTRA CHARGES." But being good enough i never billed to them the extra charges, the goods that need to be revised are fabricated already.
So there has been delays because of the revisions of the glass and the added works was charged by my supplier on my account.
I was asking for financial assistance from the Gen. Con. because being fair with me i did not charged them for revision, what am asking was fund to cover up for my importation expenses, like shipment fee and taxes to be paid here in the Philippines.
In the contract of 1.5M i had already supplied and install the Aluminum Cladding which cost 392,000 pesos and the Curtain Wall Aluminum Framing which cost 200,000 pesos and the Windows Schedule which cost 120,000.00
They gave advance payment of 200,000 pesos supposedly the down payment must be at least 50% of the Total Contract price.
The Gen. Con. refused to give financial assistance that again caused delay for the shipment.
Then last April 5, the Gen. Con called for a meeting, so he made an agreement stating HE WILL RELEASE THE AMOUNT OF PHP 300,000.00 on April 8, 2013 but i have to deliver the goods not later than midnight of April 12.
They asked for my supplier's number to verify if the goods are ready for shipment. I gave the the contact number.
So i signed with full confidence because i knew i can comply. my staff went to the Gen. Con's office from 8Am to 6Pm they kept my staff waiting but they failed to comply, they failed to give the money. They are very much aware that the goods will be shipped by 1pm it must be on the boat, were just waiting for the money that they would give so we can pay the shipment.
Payment first before loading.
Just this afternoon i found out that Hyper j contacted my supplier and made an agreement that my supplier will directly negotiate with Hyper J.
I was surprised, i paid the down payment already and he must not get in the way between me and the Gen.Con. And I am his client he must protect me. i know he will gain from that transaction. But his gain is my pain.
And i've been very transparent with my Supplier about what's going on.
What shall i do? PLEASE HELP.
The Contract Price was 1.5M that includes Glass Curtain Wall at the Facade of the Building, Aluminum Cladding and all the Window Profiles at the back area of the building.
Honestly, the price i gave to the Gen. Con. was way too low because i just wanted to help him.
I have the notice to proceed and the contract of such.
I ordered the glass from China thru a Filipino Supplier.
I paid the downpayment to my glass supplier and the glass was fabricated.
After the fabrication, there has been revisions. In fact, in mu contract with the Gen. Con. it was stated that "ANY REVISION OR CHANGES THE GEN. CON MUST INFORMED THE SUB-CONTRACTOR AHEAD OF TIME BEFORE THE GOODS ARE FABRICATED, OTHERWISE IF THE GOODS ARE FABRICATED THEY WILL HAVE TO PAY EXTRA CHARGES." But being good enough i never billed to them the extra charges, the goods that need to be revised are fabricated already.
So there has been delays because of the revisions of the glass and the added works was charged by my supplier on my account.
I was asking for financial assistance from the Gen. Con. because being fair with me i did not charged them for revision, what am asking was fund to cover up for my importation expenses, like shipment fee and taxes to be paid here in the Philippines.
In the contract of 1.5M i had already supplied and install the Aluminum Cladding which cost 392,000 pesos and the Curtain Wall Aluminum Framing which cost 200,000 pesos and the Windows Schedule which cost 120,000.00
They gave advance payment of 200,000 pesos supposedly the down payment must be at least 50% of the Total Contract price.
The Gen. Con. refused to give financial assistance that again caused delay for the shipment.
Then last April 5, the Gen. Con called for a meeting, so he made an agreement stating HE WILL RELEASE THE AMOUNT OF PHP 300,000.00 on April 8, 2013 but i have to deliver the goods not later than midnight of April 12.
They asked for my supplier's number to verify if the goods are ready for shipment. I gave the the contact number.
So i signed with full confidence because i knew i can comply. my staff went to the Gen. Con's office from 8Am to 6Pm they kept my staff waiting but they failed to comply, they failed to give the money. They are very much aware that the goods will be shipped by 1pm it must be on the boat, were just waiting for the money that they would give so we can pay the shipment.
Payment first before loading.
Just this afternoon i found out that Hyper j contacted my supplier and made an agreement that my supplier will directly negotiate with Hyper J.
I was surprised, i paid the down payment already and he must not get in the way between me and the Gen.Con. And I am his client he must protect me. i know he will gain from that transaction. But his gain is my pain.
And i've been very transparent with my Supplier about what's going on.
What shall i do? PLEASE HELP.
