Uniwide Sales v. Mirafuente & Ng

CARPIO MORALES, J.:

Uniwide Sales, Inc. (petitioner) and Mirafuente and Ng, Inc. (respondent), represented by Architect Robert Mirafuente, forged on December 13, 1993 a "DESIGN SERVICES: Architectural Services Agreement"1 (the agreement) whereby petitioner engaged respondent "to plan and design the proposed UNIWIDE SALES MALL" located at a 10-hectare lot along Roxas Boulevard, Parañaque for a consideration of Two Million Five Hundred Thousand (₱2,500,000) Pesos "for Architectural Design Service only." The pertinent portions of the agreement read: ARTICLE 1 SCOPE OF WORK That the scope of work to be done by the Architect, as herein authorized by the Owner, for the subject Project herein referred to consist of professional services for the preparation, planning, design and documentation for architectural drawings of the project.

The work is deemed ninety five percent (95%) complete upon submission of complete working drawings and documents for construction. The last five percent (5%) consist of task required during the construction phase as stipulated in this contract. x x x x ARTICLE 2 ARCHITECT FEES AND MANNER OF PAYMENTS The Owner shall pay the Architect TWO MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,000.00) as compensation for the Architectural Design Service only.

x x x x Payments of the Architectural Design Fee shall be made in accordance with the following schedule: Signing of this Agreement Ten percent (10%) Schematic Design Phase Fifteen percent (15%) Pro-rata to completed phase Design Development Phase Thirty Five Percent (35%) Pro-rata to completed phase Construction Document Phase Thirty Five Percent (35%) Pro-rata to completed phase Construction Phase Five Percent (5%)