CEBU City Mayor Nestor Archival wants to make Department of Public Works and Highways’ (DPWH) contractors directly liable for delays and damage in flood control and road projects.
Contractors will be required to submit undertakings before permits are issued, said Archival in a press conference on Monday, Sept. 1, 2025.
Archival has directed the Cebu City Legal Office to study his proposal, which would compel contractors to pledge they will pay liquidated damages if projects are not finished on time.
The mayor’s move comes amid the ongoing review of newly implemented flood control projects in the city.
Archival said the measure is needed as the City lacks direct authority over the contractors.
Requiring them to pledge accountability and a commitment to pay for delays, the City ensures greater responsibility and timeliness in the completion of infrastructure projects.
“We don’t have any hold over the contractors. We can only make requests. The penalties they pay for delays go to the DPWH, not to the City,” Archival said.
The Cebu City Transportation Office (CCTO) could enforce the new rule, which issues excavation and other permits.
Contractors would have to agree in writing to pay the City for delays.
Stricter rules
Archival also seeks stricter on-site requirements. He said contractors should:
Install visible signboards at the start and end of every project to inform the public.
Present certification that they have personnel who are trained and CCTO-deputized to manage traffic.
Assign at least four traffic aides per kilometer.
Deploy at least four workers per kilometer to keep the site clean.
Limit construction hours to 10 p.m. to 5 a.m. to minimize daytime disruption.
“The undertaking should include their willingness to pay damages if they fail to finish on time. We won’t be the ones to impose this because it’s not mandated by law, but they themselves will make the pledge,” Archival said.
He added that while DPWH has authority over contractors and can impose liquidated damages, these penalties do not benefit the City.
“All we can really do is complain if the projects aren’t finished,” he said.
Project questioned
Archival also visited an ongoing DPWH project near Country Mall in Barangay Banilad, where he questioned the scrapping of a road section that was still in good condition.
Archival pointed out that traffic was already slow in the area and the road was still in good condition, yet contractors went ahead with scraping it.
He called this “unjustifiable,” stressing that if there were potholes, contractors should have just patched them instead of tearing up the entire road.
He added that the project appeared to be done to merely spend funds and reminded contractors that they were using public money, not their own.
Archival said the measure would initially cover ongoing and upcoming projects for 2025 to ensure timely completion and minimize disruptions caused by prolonged construction. / CAV