Noticed defects in your newly built structure?

Common defects likely to occur in the home soon after occupation include chipped tiles, blocked or leaking drainage taps and sewerage and peeling paint. PHOTO| FOTOSEARCH

What you need to know:

  • Mr Onchweri says that during the construction, the client (homeowner) should, typically, hold onto a percentage of the money to be paid to the contractor as per the payment schedule.
  • This money that is retained by the client, which comprise a percentage of the total indicated in the contract, serves as security.
  • Usually capped at 1 per cent of the project’s contract price, the retained sum protects the client against the cost of repairing any defects that might arise during the DLP.

Many home builders believe that the contracts they sign with the contractors end once the building is complete. They assume that as soon as the contractor hands over the keys of the newly-built house, their dealings are over.

However, according to a Nairobi-based quantity surveyor, Mr Daniel Omari Onchweri, this is, in fact not the case. Mr Onchweri says the contractor is liable for any defects noticed in the structure for, say, six months after the construction. So, as a homeowner, if you encounter any problems arising from construction flaws, you have the right to recall the contractor to do the requisite repairs. The guarantee time span, Mr Onchweri says, is known as the defects liability period (DLP).

“The Joint Building Council of Kenya (JBC) provides a typical contract to be used by construction companies in the country. This contract always stipulates the terms for the defects liability period in Clause 34. Before entering into any building negotiations, you should read the contract thoroughly to fully grasp its contents and, if necessary, consult a lawyer,” he advises.

The quantity surveyor advises that, to get the best deal when you are building, you should have in your team an architect and a quantity surveyor, who will monitor the contractor at every stage of the construction.

Mr Onchweri notes that there is an emerging trend where construction firms are offering design-and-build packages.

With these packages, which are offered ostensibly to save money, the construction firm oversees the construction and also comes up with the bill of quantities (the former is an architect’s work while the latter should be done only by qualified quantity surveyors).

“I would strongly advise against this. By having separate entities serve as your architect and quantity surveyor, they can keep the contractor in check and inform the builder whenever he (the contractor) attempts to cut corners. Otherwise, how would contractors police themselves?” he asks.

Mr Onchweri says that during the construction, the client (homeowner) should, typically, hold onto a percentage of the money to be paid to the contractor as per the payment schedule.

This money that is retained by the client, which comprise a percentage of the total indicated in the contract, serves as security. Usually capped at 1 per cent of the project’s contract price, the retained sum protects the client against the cost of repairing any defects that might arise during the DLP.

Once the client is notified that the construction is complete, the building should be inspected by the architect (a representative of the client), who will point out any visible defects and defects that might not be noticeable to an untrained eye.

These deficiencies will be noted down in a “snug-list”, which is given to the contractor, who should correct all the defects before moving out of the site.

“The quantity surveyor will then do a penultimate valuation of the building,” says Mr Onchweri. This valuation, he explains, determines the total amount of money owed to the contractor by the client. “You will be surprised that more often than not, the amount arrived at is usually not what is stated in the contract.

Nairobi-based quantity surveyor, Mr Daniel Omari Onchweri. PHOTO| COURTESY

By having a QS carry out this valuation, a client might end up saving money as the QS might point out that the building actually cost the contractor less than initially been budgeted for,” he reveals.

After the architect is satisfied with the work (and any repairs) done, he issues the contractor with a certificate of practical completion. And it is only after receiving this certificate that the contractor is allowed to hand over the site to the homeowner.

Common defects likely to occur in the home soon after occupation include chipped tiles, blocked or leaking drainage taps and sewerage, peeling paint, fading iron roofing, electrical wires short-circuiting and even cracks on the walls and pillars. If you notice such flaws during the defects liability period, you should notify the architect, so that he or she can ask the contractor to repair the defects as soon as possible.

“In rare cases where the contractor fails to show up, the architect can allow the client to hire another contractor to do the repairs. The hired contractor will then be paid using a part of, or even all, the money the client had withheld from the initial contractor,” Mr Onchweri explains.

After six months of occupation, which marks the end of the DLP, the quantity surveyor prepares a final account of the amount of money owed to the contractor. It is only after paying this withheld amount that the contract between the homeowner and the contractor is considered complete.

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Concrete planters add texture to your yard

Concrete is just as useful and versatile today as it was when the Romans discovered how to make it 2000 years ago. Early masons used the humble mix of cement, sand, stone, and water to build impressive structures such as the Pantheon (A.D. 126), which is still used as a house of worship.

Today, we use concrete for everything; from home foundations to kitchen counters. Mr Rakesh Shah, the Managing Director of Garden and Patio, explains: “Concrete is also a great material for creating smaller items, such as planters. It is super-sturdy but simple.”

Concrete planters have many advantages over plastic or wood containers. They are strong, durable, and do not rot or become brittle with time. Because they are heavy, they are less likely to blow over in the wind or get knocked down by children, pets, or lawnmowers. The big ones are also ideal for larger plants and small trees.

Concrete planters come in a wide variety. PHOTO COURTESY

Concrete planters come in a wide variety, and create a range of decorative effects. If left bare, concrete can develop an aged, mossy look for a more natural, classical appearance. Mosaic tiles can be fixed to the outer surface of a planter to add colour, or create a customised effect.

“Smaller planters can be moulded to fit spaces like window sills, bathrooms, reception counters and kitchen work tops,” says Mr Shah.

“Simple concrete pots are an excellent way to update your back and front garden without spending a fortune, while also adding a new texture to it. Even without a garden, concrete planters can be used to add outdoor feeling to the aesthetics of a facility or a home.”

Concrete planter boxes, pots and vessels are versatile and easy to use, and with so many sizes available you can transplant existing flowers and shrubs, or do a whole new update for every season.