This is to clarify the news article entitled “Megawide seeks P800m from FLI” posted in Manila Standard.net on September 24, 2017. The article reported in part that:
“The rift between construction company Megawide Construction Corp. and client Filinvest Land Inc. has become more intense, with Megawide considering a legal action to demand payment for roughly P800 million in receivables from various projects it delivered to the property developer controlled by the Gotianun family.
FLI said it was also demanding payment from Megawide for its failure to complete several projects.
Megawide chief finance officer Oliver Tan said the company had been trying to collect around P800 million worth of receivables for more than a year now from five construction projects it completed for FLI.
Tan said the five projects, mostly high-rise buildings, had been completed, turned over to FLI and were now being occupied by FLI customers.
Tan said the issue stemmed from the claim of Filinvest Group that Megawide failed to deliver the projects based on the agreed timetable.
‘What they are saying is we did not complete the projects in time as per the contract. However, in our agreements, there are time extensions approved during the implementation of the projects. So we have new turnover schedule based on the approved extension and we are well within the approved new turnover schedule,’ Tan said.
‘We already endorsed this issue to our legal department for appropriate action because we have been following it up with FLI for quite sometime. We sent several demand and follow-up letters,’ he said.
FLI said in a statement sent to Manila Standard Megawide was the one liable for damages over ‘delays in construction and abandonment’ of five projects.
‘It is Megawide, not Filinvest, that is liable for damages because of its delays in construction and abandonment of five Filinvest building projects,’ FLI said, when asked to comment on the issue.
‘Filinvest had to take over these projects to ensure completion, which resulted in substantial liquidated damages and other actual damages for costs of rectification, take-over works and lost income. Filinvest has already demanded payments from Megawide to no avail,’ FLI said.
‘Further, Megawide, in its recent letter to Filinvest has expressed its intent to discuss an amicable settlement. It seems however, that they now prefer to discuss the issue outside of the proper legal forum. In any case, Megawide’s delays in construction and abandonment of the projects are well-documented and Filinvest is ready to prove these before the proper forum,’ FLI said.
Tan said it was the first time that Megawide had experienced this issue over the 20 years of its operations.
Tan said Megawide was willing to settle the issue amicably and that the filing of a legal case against FLI would be a last resort.
. . . .”
We confirm that Megawide Construction Corporation (Megawide) had been trying to collect around P800 million worth of receivables for more than a year from five (5) construction projects it completed for FLI. The five (5) projects, mostly high-rise buildings, had been completed, turned over to FLI and were now being occupied by FLI customers.
We confirm that there were time extensions approved during the implementation of the projects. The new turnover schedule was based on the approved extension and well within the new turnover schedule.
We confirm that the issue had been endorsed to Megawide’s legal counsel for appropriate action. Megawide had sent several demand and follow-up letters.
However, Megawide denies the statement made by FLI that “Megawide is liable for damages because of its delays in construction and abandonment of five (5) Filinvest building projects”. As earlier mentioned, the new turnover schedule were based on time extesnions approved during the implementation of the projects.
Please see continuation of clarification under Other Relevant Information. |
Continued...
Megawide denies the statement made by FLI that “Filinvest had to take over these projects to ensure completion, which resulted in substantial liquidated damages and other actual damages for costs of rectification, take-over works and lost income”. Megawide had turned-over the completed projects according to the terms agreed upon. Hence, there was absolutely no necessity to rectify the projects completed by Megawide.
Megawide denies the statement made by FLI that Megawide “now prefer(s) to discuss the issue outside of the proper legal forum”. Megawide is committed to handling this issue using any legal means necessary, which includes pursuing an amicable settlement of the matter.
We trust that the foregoing is sufficiently helpful to you. Please do not hesitate to call us should you have any further questions.
Thank you. |