ALLEN v.

THE PROVINCE OF ALBAY AND THE PROVINCE OF AMBOS CAMARINES was waived and the contractor was bound only to finish the construction within a
reasonable time.

Facts: The result is that the provinces are limited to such

damages which they may have suffered on account
On February 25, 1913, the Director of Public Works, acting for the
of an unreasonable delay on the part of the plaintiff
Provinces of Albay and Ambos Camarines, advertised for the sealed
proposals, to be opened March 15, 1913, for the construction of a in completing the bridge, if there were, in fact, an
reenforced concrete bridge over the Agus River on the Albay-Ambos unreasonable delay.
Camarines boundary. It would seem, however, that as the plaintiff asked
At the request of the plaintiff, the opening of the bids was postponed until for an extension on December 1, sometime after the
March 20, on which date plaintiff submitted his bid to construct the
quarantine had been raised and also after the
proposed bridge for the sum of P30,690.
The project was solely awarded to plaintiff Allen. The formal construct was change in the plans had been made, until February
duly executed on June 26, 1913. The bridge was completed and accepted 15, 1914, he should have finished the work on or
by the defendant provinces on April 1, 1914. The plaintiff was paid the before the latter dated and all time thereafter would
construct price less P1,301.45 as follows:
constitute an unreasonable delay.
P925 being retained as liquidated damages at the rate of P25 per day
from February 15, 1914, to March 31, 1914;
P175.03 for expenses of inspection from November 1, 1913, to For the foregoing reasons the judgment appealed from
February 15, 1914; and is reversed and judgment will be entered in favor of
P201.42 for the operation and maintenance of a ferry across the Agus
the plaintiff and against the defendants for the sum of
River during the last mentioned period.
This action was instituted for the purpose of recovering the amount of P1,301.45, with legal interest from April 1, 1914. No
P1,301.45, P200 overcharges on steel not delivered, P2,000 for damages costs will be allowed in this instance. So ordered.
caused by the defendants' delay, and P878 for extra work and material
furnished on the bridge at defendants' request.
The lower court ruled in favor of the defendant province (Albay).

Issue: WON the defendants were entitled to deduct from the contract price for the
construction of the bridge total sum of P1,301.45.

Ruling: NO. Where a contract for the construction of a reenforce concrete bridge
fixes a certain sum as liquidated damages for each day's delay in completing the
work within the time agreed, and it appears that the owners failed to promptly
deliver the steel and changed the plans, and the Government imposed a strict
quarantine on all draft animals, thereby causing a substantial delay, the time limit