Contractors back plans to review new defects law

Market News

Contractors back plans to review new defects law

Friday, June 12, 2020 0:01

By JAMES KARIUKI

The Joint Building and Construction Council (JBCC) has supported a review of recently gazetted defects and liability regulations, saying that what is required are construction management process regulations.

The memorandum that 10 professional built-environment, contractors and developers associations signed called for an urgent sit-down, saying the regulations should be suspended “as they make Kenya appear like a pariah state” regarding construction laws.

“A long-term solution is the provision of a legal framework to enhance the management of the construction process but the current defects and liability regulations only serve to confuse,” they said.

The memorandum said the regulations Transport, Housing and Urban Development secretary James Macharia signed disregarded global principles that govern building contracts.

It added that they go against the World Bank and the African Development Bank conditions.

Mr Macharia’s gazette notice introduced stiff penalties for architects and project managers if projects suffer defects.

This, said JBCC, negated the laid down principle where professionals, as agents of the employer can only be cited for the negligence of duty but cannot be held liable for any defects arising from a contractor’s work.