Constructor of delayed sanitary landfill faces contract dissolution

NAGA C ITY --- Disgusted by what he found out after conducting an ocular inspection of the project site, City Mayor Nelson Legacion on Tuesday summoned the contractor of the city’s much-delayed sanitary landfill to show cause why the project contract should not be terminated.

The mayor gave contractor Rommel A. Mendiola, owner/general manager of R.A. Mendiola Construction & Developer, ten days to respond to the verified report of the City Engineer’s Office which shows a work slippage of 38.2% as of July 7, 2019.

“Based on your contract, time extension included, you should have completed your work by February 26, 2019,” Legacion’s notice of termination to the Lucena-based contractor stated.

The city mayor further reminded the contractor that “[y]our work accomplishment as of February 18, 2019, just 8 days from completion date, was only 25.3%. Thus, even during the contract period, you were already in substantial delay.”

The project, denominated as SLF Embankment, involves construction work at the proposed modern sanitary landfill in Brgy. San Isidro here that will replace the Balatas Open Dumpsite which is due for its final closure. The mayor, who is a lawyer, reminded the contractor of Section III. A. 2. B of Annex 3 of the 2016 IRR of R.A. 9164 (Guidelines on Termination of Contract), which states, thus: “b) Due to the contractor’s fault and after the contract time has expired, it has incurred a negative slippage of ten percent (10%) or more in the completion of work.”

Stressing that he means what he says, Mayor Legacion gave the contractor 10 days from receipt of the notice of termination to show cause why the said project should not be terminated. A copy of the formal notice dated July 9 shows that contractor Mendiola duly received said notice at 3:00 p.m. on the next day, July 10.