WING-AN Construction and Development Corporation is set to file anytime this week an arbitration case against the University of Science and Technology of Southern Philippines (USTP) before the Construction Industry Arbitration Commission (CIAC).
Wing-An president Engineer Selwyn Lao said this is the company's last resort to resolve the dispute with USTP over the termination of its contract for the construction of a building worth some P200 million inside the state university.
Arbitration is a way of settling disputes between parties through a process involving nominated judges or arbitrators. A decision or an award rendered by arbitrator/s in CIAC arbitration proceedings is enforceable by a writ of execution.
Lao said the respondents of the case will be the USTP's Project Management Office (PMO), Project Management Advisory Committee (PMAC), and the Board of Regents.
He explained that he could not identify all the personalities involved in the project but the USTP might be forced to name all the members of PMO and PMAC once the case is elevated at the CIAC.
"Since both parties nag-agree na kami ng arbitration, therefore, tuloy na yan. This is finally to put an end sa lahat ng gusot kaya ilalatag ko na ito sa CIAC para ma-resolve once and for all (Both parties have agreed to the arbitration therefore it will proceed. This is to put an end to all the trouble that is why I will lay everything before the CIAC),"Lao added.
"Marami ang involved na di ko kilala kaya 'John Does' na lang ang gagawin ko pero mapu-pwersa din sila na pangalanan lahat ng involved sa implementation ng project na ito (There are many who were involved who I do not know that is why they are itagged as John Does. But they will be forced to identify all those involved),"Lao said.
Lao said only the CIAC can settle the issues of technicalities in the halted project like the evaluation of the work accomplishment and the termination of the project deal.
The Manila-based contractor said the previous failed attempts of the state-owned university to settle the glitches forced them to defer the filing of the arbitration case.
"Parati kasi nilang nag-ooffer na pag-uusapan daw sa Board of Regents. Pwede ring sabihin na dini-delay nila kami (They always offered to talk about this at the Board of Regents. It can also be said that they are delaying us),"Lao said.
He also said the high cost of the filing which will cost him around a million pesos delayed the filing of the case.
Lao said his lawyers are now reviewing the complaint sheet and if plans don't change, it is expected to be filed at the CIAC this week.
Should the CIAC's resolves the case on their favor, Lao said the USTP will be obliged to pay them according to the findings of the arbitrators.
"They have to pay us depende kung ano ang ma-find out ng CIAC yun ang babayaran nila (They have to pay us but this will be determined by the CIAC),"he added.
Lao said the CIAC normally conducts a marathon of hearings to settle a case in about six months.