Don Builders, Inc. is the subject of a further complaint filed with PCAB against this unlicensed contractor by PCA Metropolitan Chapter. This follows the earlier report of the new project unlicensed contractor Don Builders is engaged in under the Kalayaan Flyover, along EDSA in Makati. The report can be accessed at the following link:- http://pcametro.ph/blog/unlicensed-don-builders-at-it-again/.

PCA Metro, in its capacity as PCAB Public Assistance Help Desk and as obligated in terms of such appointment, has filed the complaint in which it urges PCAB to now take action against Don Builders in terms of Section 34 of RA 4566 which provision entitles it to secure a Writ of Injunction restraining the unlicensed contractor without the need for posting a bond. This complaint was transmitted to PCAB during the course of the past week.

PCA Metro has also furnished DOLE-NCR with a copy of this complaint against Don Builders requesting it to take urgent action if a DOLE approved Construction Safety and Health Program (CSHP) is not in existence. A DOLE approved CSHP was made condition to the issuance of Building Permits by DPWH NBCDO No. 02 series of 2011. A condition of all CSHPs is a valid PCAB license. DOLE-NCR has the power to suspend all work at the site.

In taking this two prong approach PCA Metro hopes that the might of both agencies will be brought to bear on Don Builders who, notwithstanding a previous complaint, defiantly continuous to engage in construction in contravention of the law.

The previous complaint against Don builders was filed with PCAB in March against this unlicensed contractor due to its involvement with the LEED registered BTTC project in Greenhills. The Contractors’ License Law (RA 4566) mandates that only licensed contractors may engage in construction activities in the country and makes contravention an offence. This was also raised with the US Green Building Council, the owner of the LEED (Leadership in Energy and Environmental Design) Green Building Rating System, which stated that enforcement of the laws in the Philippines is not its concern. See the following post: http://pcametro.ph/blog/leed1/

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A contractor involved in the construction of the Shangri-La at the Fort project in Bonifacio Global City in Taguig City is unlicensed. The contractor, Malaysian based Conaire Engineering SDN BHD, is not licensed by the Philippine Contractors accreditation Board, a prerequisite to engage in the business of contracting in the country as mandated by the provisions of the Contractors’ License Law (RA 4566).

Based on a report made to PCA Metropolitan Chapter, the mechanical work for this 60 storey mixed-use business, residential and retail tower comprising 577 hotel guestrooms, 97 hotel residences and 96 exclusive Horizon Homes, was awarded by Shangri-La to Conaire Engineering and who started work under its contract. PCA Metro was also informed that Conair Engineering does not even have an office in the country and that it holds office at the site.

In terms of the law, the 100% foreign owned Conaire Engineering is precluded from securing a regular PCAB license and it is highly unlikely that it will qualify for a Special PCAB license under the provisions of the Rules and Regulations promulgated under RA 4566. According to PCAB sources, no license application whatsoever was made to it by this contractor. Its business activities in the country is thus in contravention of the law.

Based on its profile as set out in its website, Conaire Engineering has been engaged in projects in the Philippines since 1991 when it was engaged in the construction of the EDSA Shangri-La Hotel and Resort. Since then it was engaged in a further 4 Shangri-La projects. It was also engaged in the construction of the Thai Embassy, the Westin Philippine Plaza, the Sheraton Hotel, Manila, KSA Tower, Makati, Enterprise Centre, Manila, etc. It clearly does not pay much heed to Philippine laws.

PCA Metro, in its capacity as PCAB Public Assistance Help Desk and as obligated in terms of such appointment, has filed a complaint against this unlicensed contractor with PCAB requesting it to take action in terms of Section 34 of RA 4566 which provision entitles it to secure a Writ of Injunction restraining the unlicensed contractor without the need for posting a bond.

PCA Metro has also furnished DOLE-NCR with this complaint and similarly requested it to take action.

It is bad enough for the legitimate licensed Filipino contractor to compete against local unlicensed contractors which make up more than 90% of contractors in the country. To also compete against foreign unlicensed contractors is stretching it way too far. Very strong action is warranted in this case.

PCA Metro will be monitoring developments and from time to time report on all action taken in this matter.

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Unlicensed contractor, Don Builders, Inc., again bags another project – this time in Makati. The project is located near the Kalayaan Flyover along EDSA and proudly displays its name.

A complaint was filed with PCAB in March against this unlicensed contractor due to its involvement with the LEED registered BTTC project in Greenhills. The Contractors’ License Law (RA 4566) mandates that only licensed contractors may engage in construction activities in the country and makes contravention an offence. This was also raised with the US Green Building Council, the owner of the LEED (Leadership in Energy and Environmental Design) Green Building Rating System, which stated that enforcement of the laws in the Philippines is not its concern. See the following post: http://pcametro.ph/blog/leed1/

In total defiance of the law this unlicensed contractor is engaging in another project. One wonders what the City of Makati is doing about this construction and whether or not a Building Permit has been issued. Following the issuance of Joint Administrative Order No. 01 series of 2011 issued by DTI, DILG, DPWH, DOLE and PRC (JAO No. 01) – this followed after the Eton incident in Makati where 10 workers died –DPWH Secretary Singson, acting in his capacity as National Building Official, issued DPWH NBCDO Memorandum Circular 02 of 2011 directing all Local Building Officials to require a DOLE approved Construction Safety and Health Program (CSHP) before the issuance of any Building Permit. DOLE may only approve CSHPs submitted by licensed contractors (DOLE Department Order 13). One wonders whether a Building Permit was issued for this project by the City of Makati.

It appears that the straight path the President was talking about during his inauguration in 2010 has struck a detour as the crooked path seems still to be the path to success.

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As a matter of interest a Google search “contractor Philippines” was carried out and the results were astounding. Other than for three contractors (listed under the Google maps section) the rest of the contractors listed on the first search page are all unlicensed. We will highlight some:

J.A.O. Builders – Ranked No. 1 on the search page and who claims to be the No. 1 construction company is UNLICENSED. This contractor was previously fined by DTI and directed to license. However, up to now it remains unlicensed. This shows the effectiveness of DTI in taking action against unlicensed contractors. The hands of PCAB are tied as DTI is insisting in adjudicating complaints against unlicensed contractors.

Loza Builders Design and Construction – Ranked No. 2 on the search page is another unlicensed contractor. They claim to have 30 years experience in the real estate industry, yet no license.

Blue Circle Builders – Ranked No. 3 on the search page is another unlicensed contractor. They claim to have “started out as steelwork fabricator for real estate developers V.A. Aguilar Properties, Inc., Crown Asia Properties, Inc. and Household Development Corporation. These companies paved the way for us to venture into general construction business.”

Concept Home Builders – Ranked No. 4 (discounting Google Map entries) on the search page is another unlicensed contractor. They state as follows: “Established in 1995, we started in “Iron Works” dealing mostly in the fabrication and installation of steel casement windows and steel trusses. Later, we also engaged in various engineering works such as HVAC design and installation, sub-contracting in civil and mechanical works.” A contractors’ license is seemingly not important to them.

This list is endless and shows the true state of crisis the industry is in. These law breaking contractors do business unhindered to the detriment of the legitimate and licensed contractor who is faced with ever increasing license requirements and regulations. These contractors are also not being compelled to undergo the required safety training.

RA 4566, enacted in 1965, requires of all contractors, irrespective of nationality, to first secure a license from the Philippine Contractors Accreditation Board (PCAB) before engaging in construction activities in the country.

Google proves that in the business of contracting the crooked path is seemingly the path to success. It is time that strong action be taken, for mayors to comply with DILG directives to only issue business licenses to licensed contractors and for Local Building Officials to ensure than when a project is undertaken by contract, only licensed contractors (including sub- and specialty contractors) may do the work as required by the Revised implementing Rules and Regulations under the National Building Code.

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Unlicensed Contractor, Multi-Development Construction Corporation (MDCC), proudly displays the Philippine flag at its construction site and its website. It proudly shows its patriotism by breaking the law as if to shout out loud for all to hear that the crooked path is the path to success!!

According to its website it was established in 1975 and its vision is “to become an exemplar company in the construction industry, and to have the premier role in building the best Interior Facilities of our nation, inspired by the highest standards of workmanship and innovation”. It also has a slogan “Our Company, Our Countrymen”

In the wake of the deaths by drowning at Ali Mall of 4 workers of another unlicensed contractor, RCBC Plumbing Services, the alerts are hopefully up and action against unlicensed contractors by all involved agencies will hopefully follow. (see the related article)

The Contractors License Law (RA 4566) provides that only contractors licensed by PCAB may engage in construction activities in the country. Failure to comply is an offence. The revised IRR under National Building Code also provides that when a project is undertaken by contract, only duly licensed and registered contractors may do the work.

MDCC is currently constructing a project for Piandre along Timog Avenue in Quezon City.

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The LEED signs are back in full force at the BTTC Centre construction site in Greenhills donning the faces of San Juan Representative J. V. Ejercito, San Juan Mayor Guia Gomez and Vice Mayor Francis Zamora. Unlicensed contractor, Don Builders, Inc. is still the contractor. PCA Metro reported earlier that the signs have been removed and was hoping that some action was taken resulting in the removal. Sadly, apparently not.

The signs are now just much bigger shouting out for all to see that the laws of the Philippines were not enacted to be followed and only there for window dressing. What happened to the statement of the President that he has six short years to prove that the crooked path is the path to failure and that the straight path is the only path to success? Where is the DOLE Task Force that must assure that DOLE approved Construction Safety and Health Programs are in place (may only be issued to licensed contractors – DOLE DO. 13)? Is CBRE Philippines, the  leasing and property management agent, informing prospective tenants and occupiers that construction is carried out by an unlicensed contractor? What about PEZA? It requires that all contractors constructing within its zones are duly licensed, yet its seal of approval is given to this project! What is the Hon. Congressman, Mayor and Vice Mayor doing about an unlicensed contractor constructing at a site which dons their faces. Should they not ensure that the law is being enforced? Off course it is election year in 2013.

This is truly a sad state of affairs and, in a sense, truly reflects the State of the Nation………

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With all LEED signs removed from the construction site of the BTTC Centre building project in Greenhills, is the United States Green Building Council (USGBC) now disavowing the project? Does it mean that they will no longer certify the project? These are questions that only time will tell.

Significant also is that where these once was expansive signage naming all involved, architects, engineers, unlicensed contractor and the like, there is now only an ugly GI sheet enclosure with vestiges of graffiti. Even the PEZA logo has disappeared. However, construction is still ongoing, just not advertising who is undertaking it!

PCA Metro is informed by PCAB that the complaint against Don Builders, Inc., the unlicensed contractor linked to the project, was referred to DTI for action with a request for the issuance of a Cease and Desist Order. as DTI is not known for its swift action in matters such as this, the outcome of this complaint may be long in the making. It would be better to alert DOLE to see whether there is compliance with DOLE DO No. 13. At least DOLE has the direct power to suspend work at the site.

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PCA Metro, through its “Report an Unlicensed Contractor Campaign” received a report, with supporting documentation, that the Coastline Construction & Maintenance Services is currently engaged in two multi-million Peso contracts awarded to it by A G Araja Construction, a licensed AAA contractor. PCA Metro was also informed that a falsified PCAB license was used by this unlicensed contractor.

The documentation, including the copy of the falsified PCAB license, was forwarded to PCAB and it was urged to take very strong and immediate action in this regard.

Among the documents furnished to PCA Metro was the company profile of Coastline Consruction. In this it makes the following statement: “The ancestral domain of COASTLINE CONSTRUCTION AND MAINTENANCE SERVICES has existed for more than twenty four (24) years in the Construction, Operation and Maintenance Industry. The CLCMS Team maintains a High Standards Quality of Services with realistic cost forecast to satisfy its client. Most of the Project that the Company undertook came from Pilipinas Shell Petroleum Corporation, Shell Gas Eastern Inc., Pililla Petroleum Corporation, Interbeton Philippines, Flour Daniel Philippines, Brown & Root Industrial Services (BRISPI), Atlantic Gulf Pacific Inc. (AG&P), Engineering Equipment Inc., (EEI) El Sitio Development Corporation, Cape East Phil., Fortune Cement Corp., ABCAR International Construction Corporation, Mc Connell Dowell Philippines, Daelim Philippines, Miescor, Siemens, Sempec Phils., First Philippine Balfour Beatty, Raytheon Engineers, and Foster Wheeler Philippines in which COAST-LINE CONSTRUCTION is considered as one of their qualified In-House Contractors.”

All this by a contractor that has never had a PCAB license as required by law and which is a prerequisite to engaging in the business of contracting. The President is wrong, in the construction industry, the crooked path is the path to success! PCA Metro sincerely hopes that the full might of RA 4566 will be brought to bear on this unlicensed contractor and that an example will be made of this case.

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PCA Metropolitan Chapter filed a complaint with PCAB against this unlicensed contractor currently constructing a commercial building along Sct. Tobias in Quezon City. The use of unlicensed contractors in this area is rife and PCA Metro was previously advised by legal counsel in the Office of The Building Official that it not the duty of the Building Official to ensure that contractors carrying out the work where projects are undertaken by contract is in fact licensed. This despite the clear provisions of Section 304.5(f) of the Revised IRR under the National Building Code which stipulates that “where a certain project is undertaken by contract, only duly licensed and registered contractors may do the work” as well as a 2007 Memorandum Circular reiterating this issued by the then DPWH Secretary in his capacity of National Building Official.

It will also be interesting to find out whether a DOLE approved Construction Safety and Health Program was filed as required by JAO No. 01 series of 2011 as prerequisite to the issuance of a building permit.

What is interesting further is the fact that ADGO is again the architects involved in this project. They are also the architects in the BTTC Centre along Ortigas Ave. in Greenhills where Don Builders, Inc., another unlicensed contractor, is doing the work.

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A complaint was filed with PCAB against unlicensed contractor Don Builders, Inc. currently engaged in the construction of the BTTC Centre Building along Ortigas Avenue in Greenhills. This project is LEED registered and by allowing an unlicensed contractor to construct, the US Green Building Council is showing its inderrerence of the laws of the Philippines.

At a recent meeting of the PCAB board it was resolved to take immediate action against this unlicensed contractor. The outcome of this case is being monitored and awaited in anticipation.

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