On Dropped Megadome Design: Pablo John: Architect must sue to get paid
April 19, 2006 | 12:00am
Capitol consultant on information, organization and management, Pablo John Garcia, said the only way the architect of the dissolved megadome project can get the province to pay him is to file a case against the province and get a court order.
Garcia yesterday hit the official statement of the United Architects of the Philippines asking Capitol to pay Alexius Medalla of his architect's fee on the project and that the differences between the two parties should be settled amicably in the absence of a contract.
"Why? Because they say so? Who are they? They're architects. They're not the court," he said.
The capitol consultant hopes that this time the statement released by UAP represented the general sentiments of its members and not only that of its vice president, Benjamin "Bing" Avila, as what happened in the past.
Garcia said should the Capitol opt to renegotiate and pay Medalla his compensation, they risk facing disallowance from the Commission on Audit for there is no contract to support such a move.
In addition, Garcia said have in the past tried to negotiate with Medalla for him to be paid in a quantum merit basis but it was the latter who "wasted the many chances" he would have had had to be paid by the province.
"We tried before but Medalla had shown his unreliability," Garcia said.
What Medalla disclosed as his compensation fee of P3.8 million to the UAP was reportedly almost twice lower than the P7 million that he originally demanded from Capitol as compensation fee for the works he had accomplished for the design of the megadome project.
"The only way for the Capitol to pay Medalla for the works he says he did would be to get a court order," Garcia said.
He explained Medalla has to file a case in court against the provincial government and only when the final court says with finality that he has to be paid will they pay Medalla's architect's fee.
As for now, Garcia said the province "will not be held hostage, threatened, and harassed in making concessions with someone who has acted in bad faith."
Capitol dropped Medalla as designer of the now Cebu International Convention Center project last February after he failed to submit details of the design to the Capitol, which were already needed so the provincial government could get started with the bidding and other related works for the construction of the CICC. - Cristina C. Birondo
Garcia yesterday hit the official statement of the United Architects of the Philippines asking Capitol to pay Alexius Medalla of his architect's fee on the project and that the differences between the two parties should be settled amicably in the absence of a contract.
"Why? Because they say so? Who are they? They're architects. They're not the court," he said.
The capitol consultant hopes that this time the statement released by UAP represented the general sentiments of its members and not only that of its vice president, Benjamin "Bing" Avila, as what happened in the past.
Garcia said should the Capitol opt to renegotiate and pay Medalla his compensation, they risk facing disallowance from the Commission on Audit for there is no contract to support such a move.
In addition, Garcia said have in the past tried to negotiate with Medalla for him to be paid in a quantum merit basis but it was the latter who "wasted the many chances" he would have had had to be paid by the province.
"We tried before but Medalla had shown his unreliability," Garcia said.
What Medalla disclosed as his compensation fee of P3.8 million to the UAP was reportedly almost twice lower than the P7 million that he originally demanded from Capitol as compensation fee for the works he had accomplished for the design of the megadome project.
"The only way for the Capitol to pay Medalla for the works he says he did would be to get a court order," Garcia said.
He explained Medalla has to file a case in court against the provincial government and only when the final court says with finality that he has to be paid will they pay Medalla's architect's fee.
As for now, Garcia said the province "will not be held hostage, threatened, and harassed in making concessions with someone who has acted in bad faith."
Capitol dropped Medalla as designer of the now Cebu International Convention Center project last February after he failed to submit details of the design to the Capitol, which were already needed so the provincial government could get started with the bidding and other related works for the construction of the CICC. - Cristina C. Birondo
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