“IT’S the contractor’s own risk.”

This is the view of Vice Mayor Alvin Fernandez on the still continuing construction of a P84-million tourism park complex at the former Magsaysay Market, sans any notice to proceed from the Special Bidding and Awards Committee and building permit from the City Engineer’s Office.

Fernandez said he has personally verified from City Engineer Virginia Rosario that no permit was ever granted by her office to the contractor.

The contractor, he said, applied for a building permit but this could not be acted upon as it lacked the necessary documents.

Without a building permit, the contractor is violating the Building Code of the Philippines and therefore the construction could be stopped at any time by the City Engineering Office or by the Department of Public Works and Highways.

However, the neither the city engineering office nor the DPWH has indicated whether it would soon take action against the erring contractor. 

Fernandez also pointed out that the resolution of the city council giving authority to Mayor Benjamin Lim to enter into contract with MetroState Realty Corporation, the supposed winning bidder, has yet to be issued.

The resolution enacted during a city council resolution on December 19. 2007 is still on hold and cannot not be transmitted to the office of Lim until the transcript of the minutes of the meeting shall have been signed.

Those who voted for the resolution have said they will refuse to sign the transcript until Councilor Teofilo Guadiz III signs the committee report which was used as the basis of voting by members of the city council.

This condition was incorporated in the approved resolution.

The transcript of the minutes in the approval of the council resolution was supposed to have been approved by the councilors had there been a quorum in the two past regular sessions.

Observers said that the contractor stands to lose its license if it persists on violating the building code.

PNB DAMAGE

As this developed, the Philippine National Bank is bent on suing the project contractor as its heavy equipment, while undertaking some construction work, accidentally  tore down part of the bank’s perimeter fence.

PNB Vice President Rafael Peralta said they have already referred the matter to their legal department in Manila so the offending contractor can be sued for damages.—LM

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