PRACTICE AREA DETAILS
- Date 15 Feb 2016
- Location Golf View Office Suites, 6th Floor, Wambui Road Off Kiambu Road, Opposite Muthaiga Golf Club, Nairobi
- Category Dispute Management Department
ABOUT THIS PRACTICE AREA
Njuguna & Partners LLP occupies a respected position among the small number of Kenyan law firms with genuine depth of expertise in construction law and disputes. Construction disputes are among the most technically complex in commercial practice, often involving large sums, multiple parties, specialist experts, and intricate contractual frameworks. The firm has the experience and capacity to navigate these challenges effectively.
Contract Frameworks
The firm advises clients on a full range of standard-form contracts used in the construction industry in Kenya, including:
- FIDIC (Fédération Internationale des Ingénieurs-Conseils) contracts — Red Book, Yellow Book, Silver Book, and MDB Harmonised Edition — which are commonly used in donor-funded and government infrastructure projects.
- NEC (New Engineering Contract) suites, increasingly adopted in contemporary infrastructure delivery.
- JBCC (Joint Building Contracts Committee) contracts used in building works.
- Bespoke employer-drafted contracts, particularly in public sector and institutional construction projects.
Dispute Resolution in Construction Matters
Construction disputes may arise from a variety of causes, including variations and variations orders, payment disputes, liquidated damages and penalties for delay, defective work claims, prolongation and disruption costs, contractor insolvency and performance bond calls, and professional negligence by architects, engineers, or quantity surveyors. The firm advises clients on their rights and obligations throughout the project lifecycle and, when disputes arise, represents them in:
- Engineer’s decisions and Dispute Adjudication Board (DAB) proceedings under FIDIC contracts.
- Expert determination and technical dispute resolution processes.
- Domestic and international arbitration, including ICC, LCIA, Nairobi Centre for International Arbitration (NCIA), and ad hoc arbitration under the Arbitration Act, 1995.
- High Court litigation in respect of construction-related claims.
