Flashcards Studio

Nova Verde Construction, Inc. sues Greencore Developers, Inc. for P4,500,000, claiming unpaid progress payments under a construction contract for site development work completed by Nova Verde. The complaint attaches: (i) the signed contract and a schedule of unit prices; (ii) certified true copies of monthly progress billings; (iii) a project architect’s affidavit stating amounts billed and due; (iv) a project ledger showing the cumulative amount claimed. Greencore opposes, arguing that a price adjustment clause in the contract reduces the amount due and that certain work was not properly authorized. Nova Verde moves for summary judgment under Rule 35. (a) State the controlling rule and standard for granting a summary judgment under Rule 35. (b) Discuss whether Nova Verde’s documentary evidence, taken together with Greencore’s price-adjustment defense, establishes that there is no genuine issue of material fact. (c) Based on your analysis, should the court grant the motion? Explain your ruling and the governing rationale.