Tuesday, September 1, 2026

Is a force majeure event a ground for not strictly enforcing a provision of the agreement?

Nation building via learning and being the best in business






A business protege is encountering a difficulty.  He had a  huge amortization in the agreement due end of July.   However, the initial agreement was  delayed by 3 mos because the father for no apparent reason  said there was not spa signed.  It took 3 mos before he was placated and had conformity to the original agreement.  

Now there is a flood due 3 weeks of incessant rain, and the place of the proejct is unreachable because of the flooding at the expressway on  the way to the project site.  The province is also placed on state of emergency.   

Way back in 1986, I encountered similar problem due to EDSA reb The land owner understood the situation and gave me extension.

Monday, August 31, 2026

Lady businesswoman, a Rotarian said she is starting to put businesses just like ours in her home province, looked upon me as a model

Nation building via learning and being the best in business









This post got over the weekend how do you do and our business.  She is a fmer Rotarian and brought us some deals back at her home province.   I said fine.  Hows our business.  Fine.  She said she is starting to make one beside the property she brought to us several years back.    1 hectare (but maybe she will not make money on that) Then she will go a next town where she has 3 hectare

But a 1 hectare project does not make money.  I can suggest recommend ways to make her project profitable

She said I am her idol.  Am wondering why???!

I told her she can contact me and meet how we can further help her in business. I have helped another lady, also a Rotarian put up 2 memorial parks in her island province.  Now we are on our way to 3...

The floods, the force majeure made a lot of things more challenging for many entrepreneurs/businessmen

Nation building via learning and being the best in business





                                                             NLEX impassable





                                                        Flooding at Calasiao






This post hates alibis and excuses but really the incessant rain.  One of the businesses being aided complained that many of the things he was to do were not done:

     1.  The expressway, and the province he was operating was flooded;
     2.  Things were not moving:   his bank loan transactions, other agreements, payment of his receivables
          were not moving because people were making excuses too because of the rain;

Buyers, prospects, investors do not come your way because of the bad weather....

The other parties are angry but thats it;   there are acts of God, and you just have to wait it out for the sunny day to come.   On Feb 26, 1986, I went to the land owner of the land we bought on installment which we are developing into a subdivsion, saying we cant pay on the date because of the difficulties at EDSA,  The Chinese land owner embraced me, and thanked me for my honesty and courage, and said they too in the car industry,  laid eggs.   And said things will be all right...

Sunday, August 30, 2026

Defects in real estate properties deals: material defects that are repairable and those that are unrepairable

Nation building via learning and being the best in business

















This post learned from a book by George Bockl on community based real estate business that there are 1 defects to watch out for:

     1.  The repairable ( material) defects  
     2.  The non repairable

Because of these, our filters for new projects only turned up very few projects.  We do not take projects where the water supply is doubtful, or those that are clearly flood prone or those that are near factories and pollution.    Anyway we do not have projects like we see now.   This post saw a subdivision project of a premium developer submerged in flood waters in Pampanga

The material defects are those that are part of the construction:  foundation walls, beams, columns, ceiling, roofing HVAC water sewage STP.   The non repairable are those that are inherent mostly in the land and location:   bad feng shui being located near a cemetery, near a river bank or beach property (can be eroded or destroyed by storm surge) near a volcano, sits neear a fault (like San Andreas)

So the buyers now would be wary because of the floodings.  What would result from these floods is that buyers would migrate to less flood  prone in the hills (but not in steep ravine that could erode)  The houses in Pampanga had sound construction but maybe they did not know about the elevation of the flood (it is easy now to check via google earth) or situated in flood plain. 

The towns involved in flooding in Pampanga  Bulacan and Tarlac may see sudden decline in values of real property (the zonal valuation would have to be revised -  ZV keeps going up up for the govt coffers)

Let us see also better compliance with no build zones, issuance of ECC and the like which every developer has to go through (except the companies owned by some officials that are exempt from inspection?)

Putting people first, or putting good system first

Nation building via learning and being the best in business









It is the mission of the compnay to provide jobs and employment (it is embodied in vision mission and beliefs and principle statement. )  However as of late, maintaining this priority is under extreme scrutiny as we encounter a generation of workers who abhor responsibility, hard work, vs the old school system, and sometimes brute insubordination.  We encounter plenty of unauthorized discounts, allowing a service to proceedd without payment.  This happens  despite constant training guidance and reminders.

Survival of the business and good health of business owners take precedence.   Especially if the labor environment is left leaning

Labor disputes are prevalent and sometimes the litigation involves negligence of the employee who failed to file the proper reports to the govt agency.  These things sap the energy to manage and run the business and prepare this for the future

In many companies, the idea is lean and mean, having outsourcing and offshoring to lessen cost of labor and administrative task of managing the labor

This post would rather than now have a system that can not be over ridden (a computer program) that an employee must simply follow otherwise the whole transaction will not proceed, lessening errors in human judgement.  This should have been before..  But it is a thing we must do now.  Beginning 2027...

This was supposed to be happening in car registration and NBI clearance.  The govt paid the Quiambao firm to authomate many govt processes.  I wonder if this is being implemented.


When business and govt leaders debase their personal values (character) they also devalue the economy

Nation building via learning and being the best in business






This was expressed in 1990s by one of the popular Fed boss (Greenspan I remember or Volcker?) that when you debase your personal values, the debasement of the economy follows.  He said these when markets fell because some of the top wall street guys were discovered to be sheenigan.  

Just look at Phil economy now.  Low FDI, cheap assets, no one dare to look at them because we have been popularized as the epicenter of corruption, of ghost projects, and endless stream trillions worth of infrastructure anomalies.   Who made them so -  business people in cahoots with politicians.   The vicious cycle of value debasement