A builder has been ordered by the High Court in Lautoka to pay $74,000 to a businessman from Ba after he abandoned a residential construction project in 2020. This ruling follows a formal hearing in a civil suit brought forward by Ravinesh Chand, operating under Rish Distributors, against Manoj Kumar of Ekta Builders.
The court was informed that on May 14, 2018, the two parties entered into a contract worth $120,000 for the construction of a two-flat single-story house in Namosau, Ba. Mr. Chand testified that he had paid a total of $114,000 towards the contract, withholding only $6,000 pending a completion certificate.
However, it was revealed that Mr. Kumar left the job site on January 16, 2020, without finishing the project or providing any explanation. Mr. Chand described that Mr. Kumar had only completed the first phase of construction and failed to proceed with the second and third phases. A report from a subsequent contractor highlighted that three-quarters of the second stage remained unfinished, while the third and fourth stages had been completely neglected.
After Mr. Kumar’s departure, Mr. Chand hired another contractor to complete the house, which resulted in additional expenses of $25,000 for labor and over $52,000 for materials.
Justice Anare Tuilevuka, presiding over the case, noted that Mr. Kumar’s defense statement had previously been struck out due to non-compliance with court orders concerning unpaid costs. While Mr. Chand sought liquidated damages of $200 per day for delays incurred, the court did not grant this claim, recognizing that the COVID-19 pandemic had disrupted business operations.
The judge also pointed out several weaknesses in the evidence presented, such as the absence of documentation for municipal building approvals or consent from the iTaukei Land Trust Board necessary for the project. Although invoices from the new contractor were submitted, they failed to serve as proof of payment.
Considering these factors and allowing some leniency, Justice Tuilevuka ultimately awarded Mr. Chand $74,000 in compensation, along with assessed court costs of $1,000. This case highlights the importance of clear documentation and adherence to contractual obligations in the construction industry, especially in the wake of unforeseen events like the pandemic.