Put your fundi on contract

Builders at a construction site. A contract ensures all parties honour their obligations. [PHOTO: FILE / STANDARD]

Kenya: Tales of home owners frustrated by fundis are a dime a dozen. From stories of delayed construction to disappearing materials.

At the end of the day, an exercise that would have been quick and painless if well managed turns into a circus of sorts.

The excuses range from feigned illnesses, an expectant spouse, a run-in with the cops or attendance of a funeral in some distant place.

To avert the heartache, it is time those wishing to put up houses put their fundis under performance contracts to avoid hide and seek games during construction.

The builders (fundis) would then have to face legal consequences if they breached the contracts that they appended their signatures on.

The reason for the contracts is to spare many first time investors who resolved to build homes on plots bought using heard earned resources.

Many  such investors buy and fence their plots before saving or applying for loans to start construction.

They visit several hardware stores comparing prices before resorting to the cheaper options that include free transport to the site after purchase.

It is after purchasing the bulk of materials that the first time home builder tells friends he is ready for construction, and looking for a fundi.

After identifying a fundi, many verbally agree to complete the foundation and raise walls within two weeks, provided he is paid upfront.

At some point, the fundi who had earlier assured you of completing his assignment within a set time frame goes missing. Chances are high that the fundi has been engaged elsewhere, where he was also paid up front and therefore, he puts your work on the back burner.

It would be less of a headache to enter into written agreements with the fundis complete with clauses on legal remedies for breaching the fine print.

The remedies may entail payment of damages or orders for specific performance whereby the court forces the fundi to perform the service.

Such written agreements/contracts are more likely to ensure the engaged builders complete their work as they will have clauses on the expected date of completion.

Moreover, instead of paying the fundi a lump sum amount, the agreement may have a clause on a down payment and settlement of the balance upon satisfactory completion of the job.

The home owner can also repudiate the agreement/contract when the fundi refuses to work or abandons the site.

Legally, repudiation occurs when a party commits a serious breach of contract forcing the innocent party to treat the contract as terminated.

— The writer is an advocate of the High Court.

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