I’m writing this blog to help potential home investors in preventing what my family went (or
am) going through regarding a supposed home builder in Cebu, Philippines.
My wife and I recently bought a piece of property on Mactan
island, Cebu.
We wanted to place a house
in it and we needed a builder.
So, like
in all modern ways, we searched the internet for a builder.
I’m not sure why, but at the time, there
didn’t seem like a lot of builders with a web presence.
Unfortunately for us, we came upon the website
elizabethconstruction.ph, elizabethdesigns or
elizabethdesignbuild.com (links may no longer work).
They were well developed sites, lots of pictures of houses/buildings of their
projects, their services offered with “quality and affordable
construction”. It was essentially a "We have a solution to all your needs!"
website. So we gave them a call
and was in contact with a person named
Jerzon Cesnorio Figueroa, owner/manager of
Elizabeth construction.
He first asked about the property documents,
then a survey as expected from any builder.
We asked about building permits and he said they can get it done, as
part of the contract, during the building process.
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| Conceptual |
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| Month 1 |
After a few weeks of designing and budgeting, we had an agreed
contract signed for a 10 month build time, completed by end of 2018.
We were on our way to a new house…or so we thought.
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| Month 2 |
After prepping and a few weeks with builder onsite, the
wife, who was periodically checking, was questioning some of the building
practices and rate of progress.
Workers
generally didn’t have power tools and materials was constantly scarce.
Even the foreman was complaining for lack of
materials.
I, assuming certain tasks
could be slow at times or some engineering reason, told her to just to keep
monitoring.
In our contract, we
stipulated progress payment plan.
Jerzon, each month, asked for payment, which was a fixed amount.
However, nothing in terms of a written
progress report was presented. We just paid each month which was a big mistake.
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| Month 3 |
During the months under the contract, we saw our initial
foreman/engineer quit. We kept asking
about progress on the building permits, and Jerzon said he’ll get it done next
week, etc. Of course it didn’t. At about 8-9th month of the
contract, the wife, after much effort on her side, we finally got the permits
in place. The experience regarding permits was it
took tooth and nail to get this builder to do anything. One of the things we complained about was
workers were leaving the site to attend to other projects. We apparently were low priority. We even paid early with the hope of speeding
up construction. By month 10, our side
of the contract was fulfilled, all payments except a final payment upon
turnover.
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| Month 5 |
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| Month 6: 2nd Floor |
By the end of contract, Jerzon formally asked for a 3-month
extension. We gave it to him, even
though there was no apparent reason. We
had him sign a form to stipulate final payment would decrease each month after
the extension. At this time, the house
was up but there was still no roof. Workers were putting up ceiling and
interior stuff. No Roof! When no workers were around, there was always
at least one worker just painting, almost like there just to seem like work was
progressing.
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Month 12: Beyond end of contract.
Does this look anywhere near complete? |
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| Month 10 |
The 3-month extension goes by (Month 14), Jerzon asks for another 3-month extension (to Month 17). We brought in a lawyer with demand letter to finish up in the 2nd 3-month extension. During this extension, more substandard work occurs and painting to cover it up. Tin underlayer roof installed but leaky. No engineer or management for the workers so they just did what they wanted.
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| Month 15 Interior |
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| Month 15 Exterior |
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| Month 17 Rear |
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| Month 17 Front |
By the end of the 2nd extension, we hired a
lawyer with demand letter for a meeting. We also had a structural engineer assess the
building and found out the inadequacy of the house should there be an
earthquake/typhoon. Further, concrete
roof tiles was planned and paid for in the beginning, thus adding a lot of potential weight to the house that somehow management overlooked during construction.
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| Improper Truss Anchoring |
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| Honey comb on Concrete |
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| "Quality and Affordable Construction?" |
During the meeting with the lawyer, we presented the structural
integrity of the house with Jerzon. He had
the arrogance to question the engineering assessment so he hired another
structural engineer and received similar results.
The house needed rectification…on a new construction project! If it was designed and constructed correctly,
rectification wouldn’t be required. Understanding his work was inadequate and incomplete, an undertaking agreement was signed by Jerzon for
another 4 months. This time it would involve an
engineer hired by us to manage/report Jerzon. So all that Jerzon needed to do was deliver materials and workers. Afterwards, Jerzon contracted out a roofer and had more trusses
installed for the roof to support the cement roof tiles. That took about
a week. After that, there was just a
painter covering up evidence, basically not doing anything relevant. By the end of the month, we had another
demand letter presented if he was going to continue the project and get real
work done. After another month and with
no response, project was considered abandoned. So that was the last
grace period.
We now have a lawsuit submitted to this builder and person for breach of contract “
Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.” With three extensions offered past contract date and outside engineer assessments on quality and 50% complete at best, I wonder what possible excuse he could conjure up in court.
So where did we go wrong?
We certainly didn’t do enough research. For one, Jerzon is just a mechanical engineer as noted in the Philippines Professional Regulation Commission (PRC). What does a mechanical engineer know about civil engineering work? Further, the business was not licensed Philippine Contractors Accreditation Board (PCAB), see
here.
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| Do you want to deal with this nightmare construction company? |
We should have demanded written progress reports before payment and hired another engineer to spot check for quality earlier on. Of course we did not know this builder would prove to be
incompetent and had no real intentions of completing the contract in any reasonable time. Or was that the plan?
Aftermath:
In the weeks that followed, we hired another builder, reviewing the next contract more carefully and also documenting the house before reconstruction began.
Elizabeth construction has been renamed to
Elijah Builders, Elijah Builders and Development Corp, or ELJ Konstract. I wonder why. Too much negative feedback about the prior business name or trying to hide from his obligations? Several other victimized clients have also been discovered so an
estafa case is building.
Would you like to join this case?
If you like or learned something about this story, be sure to spread the word (or link), so other hard working people don't fall for this bad construction company.
