1. Contracts Termination, the conundrum:
2. My Trainers told me, “young man, an engineer doesn’t think with his heart, but his head. He doesn’t make emotional decisions. When you go for Inspection please leave your pen behind! The engineer’s pen is big (Kalamu Maduong), whatever you write has monetary implications”.
3. “When you suspend a non performing Contractor you are in trouble. When you terminate a contract you are in trouble. When you do nothing you are in trouble! You are charged with ensuring Project delivery, how you achieve that objective is upon you down to everyone”.
4. The worst you can do is to recommend Termination. We have seen roadside declarations by Powerful Politicians instructing the engineer to recommend termination. A bait. Politicians are emotionally carried, the engineer must use his head! Public Project termination is a process.
5. Un-procedural terminations are but expensive burdens. The Contractor goes to Court, project stops awaiting court determination, Wanjiku suffers of no service delivery. Lost employment, wasted time. Don’t dare!
6. It’s difficult to blame Contractors when they chose Court process. Why didn’t the engineer follow Termination Process. Sometimes contracts allow for “termination under Mutual Consent”. Why are Engineers in hurry to frustrate projects by recommending rushed terminations
7. Depending on which Conditions of Contract you are using in your project, please acquaint yourself with “Termination Clauses”. Muache kusumbua Contractors. If you are using Fidic Conditions and you must Terminate, “Mutual Consent” is the best. Don’t use your pen Carelessly.
8/8 Alternative Dispute Resolution is better that Court process in Contracts Management. Many Judges have referred cases back to ADB. Some have recommended the procedure in Conditions of Contracts to be exhausted before the matter is brought before the Courts.
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