Construction Law/construction law


QUESTION: Assuming that the latent defect has occurred due to one of the factors you have indicated and difficult to pinpoint on negligence of the designer, can I assume that the contractor will be liable? In the UK the liability is carried for a period of 12 years as per the latent defect act but in the absence of this statute in Uganda, I perhaps have to assume that the contractor remains liable forever!

It seems I inadvertently crossed this question as private earlier and hence resent.

Dear Raj,

You may assume whatever you wish, but will the Contractor accept it and will the courts support you?  I suggest that you get competent legal advice with particular reference to the Civil Procedure and Limitation (Miscellaneous Provisions) Act and the Limitation Act 1959 together with any relevant amendments or associated case law.  If you google the keywords 'statute of limitations in Uganda' you will several useful references.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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