NOMINATED SUB-

CONTRACTOR
 All specialists, merchants, tradesmen and others
executing any work or supplying any goods, materials,
Plant or services for which Provisional Sums are included
Nominated Sub- in the Contract, who may have been or be nominated or
selected or approved by the Employer or the Engineer,

contractors
and all persons to whom by virtue of the provisions of the
Contract the Contractor is required to subcontract shall, in
the execution of such work or the supply of such goods,
materials, Plant or services, be deemed to be
subcontractors to the Contractor and are referred to in this
Contract as "nominated Subcontractors".

CIAP 102
Sub-Contractor
A Contractor duly registered and licensed by the

Sub-contractors Philippine Contractors Accreditation Board having a direct

contract with the Contractor and who acts for or in behalf
of the Contractor in executing any part of the Contract.

NOTE: one who furnishes materials without labor is a

supplier and not a Sub-Contractor.
SUB-CONTRACTING

• The Contractor may subcontract cany part of the

Contract with the approval of the Owner. The Owner
may require the Contractor as a condition for the
approval of the subcontract that:
• (a) the subcontract shall be submitted to the Owner
and the subcontract must require the Sub-Contractor
to obtain the same bonds and insurance coverage as
are required of the Contractor under the Contract; and
• (b) the Contractor furnish the Owner copies of these
insurance policies and bonds.
OBJECTION OF NOMINATION
The Contractor shall not be required by the Employer or the
Engineer, or be deemed to be under any obligation, to employ any
nominated Subcontractor against whom the Contractor may raise
reasonable objection, or who declines to enter into a subcontract
with the Contractor containing provisions:
• (a) that in respect of the work, goods, materials, Plant or
services the subject of the subcontract, the nominated
Subcontractor will undertake towards the Contractor such
obligations and liabilities as will enable the Contractor to
discharge his own obligations and liabilities towards the
Employer under the terms of the Contract and will save
harmless and indemnify the Contractor from and against the
same and from all claims, proceedings, damages, costs,
charges and expenses whatsoever arising out of or in
connection therewith, or arising out of or in connection with any
failure to perform such obligations or to fulfil such liabilities, and
OBJECTION OF NOMINATION
(b) that the nominated Subcontractor will save harmless and
indemnify the Contractor from and against any negligence by the
nominated Subcontractor, his agents, workmen and servants and
from and against any misuse by him or them of any Temporary
Works provided by the Contractor for the purposes of the Contract
and from all claims as aforesaid.
 PAYMENT FOR NOMINATED SUB-CONTRACTOR
FIDIC RED BOOK
For all work executed or goods, materials, Plant or services supplied by any nominated
Subcontractor, the Contractor shall be entitled to:
(a) the actual price paid or due to be paid by the Contractor, on the instructions of the Engineer, and
in accordance with the subcontract;
(b) in respect of labor supplied by the Contractor, the sum, if any, entered in the Bill of Quantities or,
if instructed by the Engineer pursuant to paragraph (a) of Sub-Clause 58.2, as may be determined in
accordance with Clause 52; and
(c) in respect of all other charges and profit, a sum being a percentage rate of the actual price paid
or due to be paid calculated, where provision has been made in the Bill of Quantities for a rate to be
set against the relevant Provisional Sum, at the rate inserted by the Contractor against that item or,
where no such provision has been made, at the rate inserted by the Contractor in the Appendix to
Tender and repeated where provision for such is made in a special item provided in the Bill of
Quantities for such purpose.
 CERTIFICATION OF PAYMENTS
Before issuing, under Clause 60, any certificate, which includes any payment in respect of work done or goods,
materials, Plant or services supplied by any nominated Subcontractor, the Engineer shall be entitled to demand from
the Contractor reasonable proof that all payments, less retentions, included in previous certificates in respect of the
work or goods, materials, Plant or services of such nominated Subcontractor have been paid or discharged by the
Contractor. If the Contractor fails to supply such proof then, unless the Contractor:
(a) satisfies the Engineer in writing that he has reasonable cause for withholding or refusing to make such payments,
and
(b) produces to the Engineer reasonable proof that he has so informed such nominated Subcontractor in writing,
the Employer shall be entitled to pay to such nominated Subcontractor direct, upon the certificate of the Engineer, all
payments, less retentions, provided for in the nominated Subcontract, which the Contractor has failed to make to such
nominated Subcontractor and to deduct by way of set-off the amount so paid by the Employer from any sums due or to
become due from the Employer to the Contractor.
Provided that, where the Engineer has certified and the Employer has paid direct as aforesaid, the Engineer shall, in
issuing any further certificate in favor of the Contractor, deduct from the amount thereof the amount so paid, direct as
aforesaid, but shall not withhold or delay the issue of the certificate itself when due to be issued under the terms of the
Contract.
 CASE DIGEST
Title of the CaseH. S. POW CONSTRUCTION v.
SHAUGHNESSY DEVELOPMENT CORPORATION
Issue:
Whether the CA erred in directing petitioner to pay
respondent the amount of P362,781.72 for well-drilling and
P359,503.80 for the elevated water steel tank.
Whether the CA erred in holding petitioner liable to pay
respondent P1,050,000.00 for delay.
Ruling of the Court: The Supreme Court made a decision
that favored Luzon Hydro.
Finding the conclusion of the RTC to be supported by
evidence on record, the Court affirms its finding that
HSPCDC did not incur delay and is therefore not liable to pay
SDC liquidated damages in the amount of P1,050,000.00
Facts:
• On April 4, 2005, HSPCDC filed a Complaint for Sum of Money
alleging that in September 2001, Shaughnessy Development
Corporation (SDC) engaged its Services for the construction of
subdivision concrete roads, underground drainage system, water
distribution, and elevated water reservoir for SDC's Summerfield
Subdivision in Taytay, Rizal.
• Based on the Construction Contract, HSPCDC shall undertake the
project for P10,500,000.00 with no escalation clause, inclusive of
all materials, labor, shop facilities, overhead, supervision, profit,
workers insurance coverage, performance and warrant bonds, and
value added tax. The Contract further provided that work should
commence not later than 10 calendar days from receipt of the
notice to proceed and upon actual release of the building permit
and should be completed within 180 days therefrom.
References:
H. S. POW CONSTRUCTION v. SHAUGHNESSY DEVELOPMENT
CORPORATION + [G.R. No. 229262, July 07, 2021]
https://lawyerly.ph/app/#/cases/67769
STAFF AND LABOR
 ENGAGEMENT OF STAFF AND LABOR

According to Section 19 of the Labor Code of the Philippines, Standard

format of service agreement and employment contract, states that :
• “The Bureau shall adopt a standard format of service agreement and
employment contract in accordance with pertinent labor and social legislation
and prevailing international standard and conventions.
• The standard format shall set the minimum standards of the terms and
conditions to govern the employment of land-based overseas Filipinos.
• All employers shall adopt the model contract in connection with the hiring
and engagement of the services of overseas workers.
RATE OF WAGES
RATE OF WAGES

According to Article 99-101 of the Labor

Code:
• The minimum wage rates for agricultural and
non-agricultural employees and workers in
each and every region of the country shall be
those prescribed by the Regional Tripartite
Wages and Productivity Boards.
• The Secretary of Labor and Employment shall
regulate the payment of wages by results,
including pakyao, piecework, and other non-
time work, in order to ensure the payment of
fair and reasonable wage rates, preferably
through time and motion studies or in
consultation with representatives of workers’
and employers’ organizations
R
A
T
E
O
F
W
A
G
E
S
PERSON IN THE SERVICE OF
EMPLOYER
PERSON IN THE SERVICE
OF EMPLOYER
• According to BWC DOLE, (Bureau of Working Conditions) Department Order No. 19
s. 1993, April 01, 1993: Section 2
• There are 2 types of employees, a) Project Employee and b)Non-project Employee

Project Employees are those employed in connection with a particular construction

project or phase thereof and whose employment is co-terminus with each project or
phase of the project to which they are assigned.

Non-Project Employee
A. Probationary employees are those who, upon the completion of the probationary
period, are entitled to regularization. Upon their engagement, probationary
employee should be informed of the reasonable standards under which they will
qualify as regular employees.
B. Casual employees are those employed to perform work not related to the main line
of business of the Employer. Casual employees who are employed for at least one
year, whether continuous or broken, shall be considered regular with respect to the
activity in which they are employed and their employment shall continue for as long
as such activity exists, unless the employment is terminated sooner by the employer
for a just or authorized cause, or voluntarily by the employee.
CONDITION OF LABOR
According to the BWC DOLE (Bureau of Working
Conditions) Department Order No. 19 s. 1993, April 01,
1993 Section 3:
• a) Project employees whose aggregate period of
continuous employment in a construction company is at
least one year shall be considered regular employees, in
the absence of a "day certain" agreed upon by the parties
for the termination of their relationship. Project employees
who have become regular shall be entitled to separation
pay.
• A day as used herein, is understood to be that which must
The Contractor
necessarily come,shall facilitate
although it maythe
notEngineer's
be known exactly
inspection
when. Thisactivities
means thatby where
providing anycompletion
the final contractually-
of a
required
project orconveniences
phase thereof isand assistance
in fact (Theand
determinable Contractor
the
isexpected
obligated to aid theisEngineer
completion made known in carrying out
to the employee, such
project employee
systematic may not be considered regular,
inspection.)
notwithstanding the one-year duration of two or more
employments in the same project or phase of the project.
C
O
N
D The completion of the project or any phase thereof is
I determined on the date originally agreed upon or the date
T indicated on the contract or, if the same is extended, the date
of termination of project extension.
I
O b. If the project or the phase of the project the employee is
working on has not yet been completed and his services are
N terminated without just cause or authorized cause and there is
O no showing that this services are unsatisfactory, the project
employee is entitled to reinstatement with back wages to his
F former position or substantially equivalent position. If the
L reinstatement is no longer possible, the employee is entitled to
his salaries for the unexpired portion of the agreement.
A
B
O
R
LABOR LAW
 The Labor Law is the Labor Code of the Philippines, which was
established on Labor Day, May 1, 1974, by Ferdinand Marcos Sr.

It is Presidential Decree No. 442 of 1974, as amended and

renumbered.

LABOR LAW It is a decree instituting a Labor Code thereby revising and

consolidating labor and social laws to afford protection to Labor,
Promote employment and Human Resources Development and
Ensure Industrial peace based on social justice.

• The normal hours of work of any employee shall not exceed 8

hours a day.
• Hours worked shall include a) all time during which an
employee is required to be on duty or to be at a prescribed
WORKING workplace and b) all time during which an employee is suffered
or permitted to work.
HOURS • Rest periods of short duration during working hours shall be
counted as hours worked.
• Overtime Work- Work may be performed beyond 8 hours a
day provided that the employee is paid for the overtime work,
an additional compensation equivalent to his regular wage plus
at least 25% thereof. Work performed beyond 8 hours on a
holiday, or a rest day shall be paid of an additional
compensation equivalent to the rate of the first 8 hours on a
holiday or rest day plus at least 30% thereof.
 SAFETY AND HEALTH
The Contractor, from the commencement of the Work up to completion, shall:
• (a) furnish and put up all temporary barricades and guard lights necessary for the
protection, proper prosecution and completion of the Work;
• (b) maintain guard lights at the top of the following, but not limited to, falsework tower, barricades, railings;
• (c) provide and maintain sufficient sanitary toilet accommodation and other necessary conveniences including, but
not limited to, water connections for the use of personnel and laborers on the work properly secluded from public
observation in such manner and at such points as shall be approved by the Owner, use shall be strictly enforced;

• (d) keep such places clean and free from pests; and

• (e) remove all connections and appliances connected therewith prior to the completion of the Work.
CONTRACTOR SUPERINTENDENT
& CONTRACTOR PERSONNEL
 A construction superintendent is the individual who
oversees every step of the construction process, from

CONTRACTOR
planning to completion. They are in charge of conducting
interviews and selecting the workers they want on the job
site. Some construction superintendents specialize in a
SUPERENTENDENT certain type of construction, whether residential,
commercial, or industrial. They take full responsibility for
their jobs sites, overseeing everything from making
schedules to selecting materials.

CONTRACTOR The Contractor shall employ only competent and duly

PERSONNEL
qualified professionals, technical personnel, foremen, and
construction workers to execute the Work.
RECORD OF PERSONNEL AND EQUIPMENT

Within 28 days, or such other reasonable time as may be

agreed by the Engineer, of giving notice under Sub-
Clause 53.1, the Contractor shall send to the Engineer an
account giving detailed particulars of the amount claimed
and the grounds upon which the claim is based. Where
the event giving rise to the claim has a continuing effect,
such account shall be considered to be an interim account
and the Contractor shall, at such intervals as the Engineer
may reasonably require, send further interim accounts
giving the accumulated amount of the claim and any
further grounds upon which it is based. In cases where
interim accounts are sent to the Engineer, the Contractor
shall send a final account within 28 days of the end of the
effects resulting from the event. The Contractor shall, if
required by the Engineer so to do, copy to the Employer
all accounts sent to the Engineer pursuant to this Sub-
Clause.
 RECORD OF PERSONNEL AND EQUIPMENT
Notice of Claims- Notwithstanding any other provision of
the Contract, if the Contractor intends to claim any
additional payment pursuant to any Clause of these
Conditions or otherwise, he shall give notice of his
intention to the Engineer, with a copy to the Employer,
within 28 days after the event giving rise to the claim has
first arisen.

Contemporary Records- Upon the happening of the

event referred to in Sub-Clause 53.1, the Contractor shall
keep such contemporary records as may reasonably be
necessary to support any claim he may subsequently wish
to make. Without necessarily admitting the Employer's
liability, the Engineer shall, on receipt of a notice under
Sub-Clause 53.1, inspect such contemporary records and
may instruct the Contractor to keep any further
contemporary records as are reasonable and may be
material to the claim of which notice has been given. The
Contractor shall permit the Engineer to inspect all records
kept pursuant to this Sub-Clause and shall supply him with
copies thereof as and when the Engineer so instructs.
RECORD OF PERSONNEL AND EQUIPMENT
• If the Contractor fails to comply with any of the provisions
of this Clause in respect of any claim which he seeks to
make, his entitlement to payment in respect thereof shall
not exceed such amount as the Engineer or any arbitrator
or arbitrators appointed pursuant to Sub-Clause 67.3
assessing the claim considers to be verified by
contemporary records (whether or not such records were
brought to the Engineer's notice as required under Sub-
Clauses 53.2 and 53.3)
• The Contractor shall be entitled to have included in any
interim payment certified by the Engineer pursuant to
Clause 60 such amount in respect of any claim as the
Engineer, after due consultation with the Employer and the
Contractor, may consider due to the Contractor provided
that the Contractor has supplied sufficient particulars to
enable the Engineer to determine the amount due. If such
particulars are insufficient to substantiate the whole of the
claim, the Contractor shall be entitled to payment in respect
of such part of the claim as such particulars may
substantiate to the satisfaction of the Engineer. The
Engineer shall notify the Contractor of any determination
made under this Sub-Clause, with a copy to the Employer.
DISORDERLY CONDUCT
DISORDERLY CONDUCT
Preventive Suspension — Subject to Article 277 (b) of the
Code, project and non-project employees may be preventively
suspended if their continued employment poses a serious and
imminent threat to the life or property of the employer or of their
co-workers. No preventive suspension, however, shall last
longer than fifteen (15) days. The employer shall thereafter
reinstate the worker in his former or in a substantially
equivalent position or the employer may extend the period of
suspension provided that during the period of extension, he
pays the wages and other benefits due to the worker. The
employer shall designate a day, time and place within the
period of preventive suspension, with notice of the employee,
to hold a fact-finding investigation, to enable the suspended
employee to be heard and be assisted by his counsel or
representative, if he so desires, of the charge and against him
and thereby exonerate the employee, or upon the employee's
failure to vindicate himself, to find the employee guilty and
thereby, to terminate his employment. Such termination shall
not prejudice the right of the employee to question the
severance of the relationship in the appropriate forum.
 CASE DIGEST
Title of the Case: MASTER IRON LABOR UNION
(MILU) VS NATIONAL LABOR RELATIONS
COMMISION and MASTER IRONWORKS AND
CONSTUCTION CORPORATION
Issue:
a no-strike clause in a CBA is applicable only to
economic strikes. Corollarily, if the strike is founded on
an unfair labor practice of the employer, a strike
declared by the union cannot be considered a violation
of the no-strike clause.
Facts:
- The Master Iron Works Construction Corporation (Corporation
for brevity) is a duly organized corporate entity engaged in steel
fabrication and other related business activities
- The Corporation went to the practice of hiring outside workers.
When the MILU president, Wilfredo Abulencia, insisted in doing
his regular work of cutting steel bars which was being done by
casual workers, a supervisor reprimanded him, charged him with
insubordination and suspended him.
- MILU filed a notice of strike on the following grounds: (a)
violation of CBA; (b) discrimination; (c) unreasonable suspension
of union officials; and (d) unreasonable refusal to entertain
grievance
- MILU filed a position paper with counter-complaint before the
NLRC. In said counter-complaint, the workers charged the
Corporation with unfair labor practice for subcontracting work that
was normally done by its regular workers.
-In holding that the strike was illegal, the NLRC relied solely on
the no-strike no-lockout provision of the CBA aforequoted.
 CASE DIGEST
Ruling of the Court: References:
- All told, the strike staged by the petitioners was a legal one Luzon Hydro Corp. v. Transfield Phils., Inc., G.R. No. 146717,
even though it may have been called to offset what the (S.C., Jan. 22, 2007)
strikers believed in good faith to be unfair labor practices on https://lawphil.net/judjuris/juri2004/nov2004/gr_146717_2004.html
the part of the employer.
- The strike being legal, the NLRC gravely abused its
discretion in terminating the employment of the individual
petitioners, who, by operation of law, are entitled to
reinstatement with three years backwages.
-the questioned decision and resolution of the NLRC as well
as the decision of the Labor Arbiter are hereby SET ASIDE
and the individual petitioners are reinstated to their positions.
Further, respondent corporation is ordered to desist from
subcontracting work usually performed by its regular workers.
MATERIALS ,
PLANT AND
WORKMANSHIP
MATERIALS , PLANT AND WORKMANSHIP
QUALITY OF MATERIALS AND WORKMANSHIP
 QUALITY OF MATERIALS AND WORKMANSHIP

Materials, Plant, and workmanship Materials, Plant, and workmanship shall

shall be of the kinds described in the be subjected to testing by the Engineer
Contract and per Engineer's as deemed necessary to verify
instructions to ensure compliance compliance through objective
with specifications (Adherence to assessments (The Engineer is
empowered to conduct quality control
contractual quality requirements and
testing to check compliance with the
Engineer's directives is obligatory.)
standards.)
COST OF SAMPLES
 COST OF SAMPLES
The Contractor shall provide labor, utilities,
and other necessities required by the Engineer
for conducting the tests to facilitate the quality
control process (Adequate facilities and
assistance enables the Engineer to efficiently
perform the required tests.)
The Contractor shall supply samples of
Materials before incorporation into the Works as
selected by the Engineer for advance testing
and verification of the Materials (Advance
testing of Material samples enables quality
issues to be rectified before usage in
permanent Works.)
COST OF TEST
COST OF TEST
Testing costs shall be borne by the Contractor if
specifically required by the Contract terms or
reasonably foreseeable based on the scope
(Contractually mandated or foreseeable tests are
accounted for by the Contractor in the tender pricing.)

For testing required by the Engineer that exceeds

provisional requirements, the Engineer shall
equitably determine the testing costs for inclusion in
the Contract Price (Where testing requirements were
not reasonable to anticipate, the Engineer will
objectively determine additional costs.)
INSPECTION OF OPERATIONS

The Engineer and authorized personnel shall have

access at reasonable times to Project Sites and
manufacture/fabrication facilities to inspect operations
first-hand (Site access enables the Engineer to directly
monitor Materials sourcing and Works execution for
quality control.)

The Contractor shall facilitate the Engineer's

inspection activities by providing any contractually-
required conveniences and assistance (The Contractor
is obligated to aid the Engineer in carrying out
systematic inspection.)
INSPECTION AND TESTING
 INSPECTION AND TESTING
The Engineer may inspect and test
Materials and Plant during
manufacture or fabrication stages
as a proactive measure for early
quality verification (Advanced
quality checks during sourcing and
manufacture enables preemptive
issue resolution.)
Such Engineer inspections do not
absolve the Contractor of any
responsibilities or liabilities regarding
provision of compliant Materials and
Plant (Contractor remains liable to
deliver Materials/Plant meeting
Contract specifications regardless of
Engineer's preliminary inspections.)
 INSPECTION AND TESTING DATES
The Contractor and Engineer shall
mutually agree on timings for
scheduled tests/inspections to enable
efficient coordination and preparation
(Collaborative scheduling prevents
delays and allows allocation of
required resources.)
The Engineer shall provide a
minimum 24 hours' notice to the
Contractor before conducting
inspections to ensure availability and
readiness (Advance notice allows the
Contractor to make proper
arrangements for Engineer's on-site
verification activities.)
REJECTION OF PLANTS/MATERIALS
 REJECTION OF PLANTS/MATERIALS
Materials or Plant may be rejected by the
Engineer if found non-compliant based on testing or
inspection, with prompt written notice to the
Contractor on the rationale (Rejection authority
reinforces compliance by disallowing unsatisfactory
Materials or Plant.)
The Contractor shall expeditiously rectify or replace
rejected Materials/Plant and arrange re-testing if
required by the Engineer (Expeditious corrective action
ensures progress delays and costs are minimized in case
of non-compliant supplies.)
The Contractor shall then promptly make good the
defect or ensure that rejected materials or Plant comply
with the Contract. If the Engineer so requests, the tests
of rejected materials or Plant shall be made or repeated
under the same terms and conditions. All costs incurred
by the Employer by the repetition of the tests shall,
after due consultation with the Employer and the
Contractor, be determined by the Engineer and shall be
recoverable from the Contractor by the Employer and
may be deducted from any monies due or to become
due to the Contractor and the Engineer shall notify the
Contractor accordingly, with a copy to the Employer.
 EXAMINATION BEFORE COVERING UP
The Engineer shall examine relevant
Works about to be covered up and
review foundations before further
construction (Checking Works prior to
concealment is prudent to confirm
satisfactory execution.)

The Contractor shall notify the

Engineer well in advance when any
Works or foundations are ready for
examination (Adequate advance
notice from the Contractor allows the
Engineer to schedule timely
inspections before covering up Works.)
UNCOVERING WORKS
UNCOVERING WORKS
The Engineer may instruct the Contractor to uncover
completed Works or make openings to allow inspection
access based on potential issues (Uncovering enables
examination of completed Works if potential quality issues
necessitate closer inspection.)

If uncovered Works are found compliant, the Contractor

shall be compensated for costs related to
uncovering/reinstatement based on Engineer's assessment
(The time and costs of properly ordered opening up and
reinstating Works shall be reimbursed if Works are compliant
REMOVAL OF PLANTS AND MATERIALS
 REMOVAL OF PLANTS AND MATERIALS
The Engineer may instruct removal of
Materials/Plant deemed non-compliant
from the Site within specified
timeframes (Removal of unsatisfactory
items is imperative to maintain
Contract standards.)

The Contractor is required to give the

work constant attention to facilitate its
progress. Additionally, the Contractor
is expected to collaborate closely with
the Owner's Representative and any
other contractors involved in the
project in every way possible.
NON-COMPLIANCE BY CONTRACTOR
NON-COMPLIANCE BY CONTRACTOR
If the Contractor fails to follow Engineer's
removal instructions within stipulated time,
the Employer can assign others for removing
the non-compliant items (The Employer can
mitigate delays by assigning others for
removals if Contractor non-responsive.)

The Contractor shall be responsible for

compensating the Employer all the costs
related to the removals done by assigned
third parties due to non-compliance (The
Contractor will remain liable for the costs
incurred by Employer resulting from
Contractor's failures to remove not suitable
items.)
 CASE DIGEST
Title of the Case: Luzon Hydro Corporation vs. Transfield
Philippines, Inc., S.C., Jan. 22, 2007. G.R. No. 146717
Issue:
Whether Transfield fails the terms of the contract for labor,
materials, or plant, it will be held accountable.
Ruling of the Court: The Supreme Court made a decision
that favored Luzon Hydro.
-They discovered that Transfield had violated the material
quality requirements outlined in the contract, which qualified
as a major violation and called for the contract to be
terminated.
- Transfield's failure to remedy the defects within a
reasonable time after notice further
-Justified termination of the contract in accordance with its
terms
Facts:
- Luzon Hydro and Transfield agree to a deal for the
construction of a hydroelectric power project.
-The contract lays out requirements for labor, supplies, and
equipment.
- Luzon Hydro reported to Transfield any issues with joints
and welds in the pressure pipes it had provided.
-Transfield could not sufficiently fix the flaws.
- Luzon Hydro ended the deal after rejecting inappropriate
material.
-Transfield took issue with the termination.
References:
Luzon Hydro Corp. v. Transfield Phils., Inc., G.R. No. 146717,
(S.C., Jan. 22, 2007)
https://lawphil.net/judjuris/juri2004/nov2004/gr_146717_2004.html