A Lautoka High Court has mandated a builder to pay $74,000 to a businessman in Ba after the builder abandoned a residential construction project in 2020. This ruling came after a civil suit was filed by Ravinesh Chand, representing Rish Distributors, against Manoj Kumar of Ekta Builders.
The contract, established on May 14, 2018, was valued at $120,000 for the construction of a two-flat single-story house in Namosau, Ba. Mr. Chand reported that he had paid $114,000 of the contracted amount, keeping back only $6,000, which was to be released upon the issuance of a completion certificate.
Mr. Chand testified that Mr. Kumar abruptly left the construction site on January 16, 2020, without providing any rationale. He explained that only the initial construction phase had been completed, with the subsequent phases being left unaddressed. An evaluation from a later contractor indicated that significant portions of the construction remained unfinished; specifically, three-quarters of the second phase and all of the third and fourth phases were neglected.
Following Mr. Kumar’s departure, Mr. Chand sought the services of another contractor to finish the house, incurring additional costs of $25,000 for labor and over $52,000 for materials.
Justice Anare Tuilevuka, overseeing the case, stated that Mr. Kumar’s defense had been invalidated due to non-compliance with court orders related to unpaid costs. While Mr. Chand had sought liquidated damages of $200 per day for the delays, the court denied this request, acknowledging the disruptions caused by the COVID-19 pandemic.
The judge also noted critical shortcomings in the evidence, such as a lack of necessary documentation for municipal building approvals and consent from the iTaukei Land Trust Board, which are crucial for such projects. Although Mr. Chand submitted invoices from the new contractor, they did not adequately serve as proof of payment.
Taking these considerations into account and providing some leeway, Justice Tuilevuka awarded Mr. Chand a total of $74,000 in compensation along with $1,000 in court costs. This case underscores the critical importance of thorough documentation and compliance with contractual obligations in the construction sector, particularly in light of unexpected disruptions like the pandemic. The ruling not only seeks to provide justice in this instance but also serves as a reminder for the industry to maintain better practices moving forward.