Penalty Incurred for Delayed Loan Guaranty Release

I applied for a bank financing for my condo unit in 2010. My SPA signed all the documentations on Feb 10/10. I was worried that the loan will not be released on time as the due date was Feb 28th I phoned the developer on Feb 25th asking the amount to be paid spoke to the incharge of the condo building in the accounting dept. I gave my email address but haven't received any response at all and on April 15th received email that I incurred a penalty of PHP132,288 for receiving the bank guaranty on March 26th instead of Feb 28th. I went to the developer's office on Apr 28th to asked them to waive the penalty as explained to them that I asked their accounting dept the amount I should be paying if the loan won't be released on time but they didn't reply. My question is do I have a case if I'll sue them as my request to waive it went to deaf ears as they added the penalty on my loan which I started paying it last March 24th/11.