By Cherrie Anne E. Villahermosa
Variety News Staff

A SUBCONTRACTOR has sued another firm for breach of contract in connection with the demolition, structural finish, mechanical and electrical fixtures of a hotel in 2005.
BMW Corp., through attorney Danilo T. Aguilar, filed the complaint in Superior Court against Ab Kon Co and its president Jay Kim.
The plaintiff accuses Ab Kon Ko Co and Kim. of breach of contract, bad check collection and unjust enrichment.
The plaintiff is seeking $29,820; an award of damages under the Bad Checks Act for the face value of checks and bank charges and 12 percent pre-judgment interest; attorney’s fees and cost of suit; post-judgment interest at a rate of 9 percent per annum; and for all other amounts owed by the defendant for the judgment until fully satisfied.
The complaint stated that BMW, the subcontractor, and Ab Kon Co, the contractor, entered into an agreement in May 15, 2005 to provide labor tools and complete work in connection with the demolition, structural finish, mechanical and electrical fixtures at the then-Dai-Ichi hotel.
The contract sum was $129,600. The plaintiff and the defendants verbally agreed to an additional fee of $5,320 for the plaintiff to provide additional demolition work on the family room of the hotel.
The complaint stated that it was agreed by the plaintiff and the defendant that payment would be made in progress based on the monthly evaluated work.
The complaint stated that the defendant issued a check on May 10, 2006 in the amount of $10,000.
But the check was returned on May 15, 2006 for insufficient funds.
The complaint stated that the defendant issued another check on May 19, 2006 amounting to $13,500 but it was returned also for insufficient funds.
Another check amounting to $4,000 was issued on May 26, 2006 but the check was not deposited.
The defendant promised to replace it with cash payments on an installments basis, and paid a total of $3,000 as replacements for the bad checks leaving a balance of $1,000.
According to the complaint, the defendant failed to pay $29,820 and more than 30 days has passed since the demand letter was sent, during which there was no response from the defendant.