Ghana Roads Minister: Seeks Road Contract Defect Liability Period Extension

• Ghana's Minister of Roads and Highways, Governs Kwame Agbodza, proposes extending the one-year defect liability period for road construction contracts.
• The change aims to hold contractors and consultants more accountable for poor road quality and protect public investments worth billions of cedis.
• Discussions are ongoing with the Ministers of Finance and Works and Housing to implement this revision.
• A longer liability period is expected to incentivize contractors to deliver more durable and higher-quality road projects.
• The initiative is part of a broader effort to enforce quality standards and ensure local expertise builds long-lasting infrastructure, reducing the need for frequent repairs.

He emphasized that for roads designed to last decades, a mere one-year liability window is insufficient to ensure long-term quality and address defects that may emerge post-completion and during active use.

Ghana's Minister of Roads and Highways, Governs Kwame Agbodza, has announced intentions to revise the existing one-year defect liability period stipulated in road construction contracts. This proposed change aims to enhance accountability among contractors and consultants responsible for the nation's road infrastructure.

The Minister highlighted that the current practice, which absolves contractors and consultants of liability just one year after project completion, is inadequate, especially given the substantial public funds — billions of cedis — invested in these projects. He emphasized that for roads designed to last decades, a mere one-year liability window is insufficient to ensure long-term quality and address defects that may emerge post-completion and during active use.

Mr. Agbodza made these remarks during a recent inspection of ongoing construction activities along the Accra-Kumasi N6 highway. He confirmed that discussions are underway with the Ministers of Finance and Works and Housing to implement this change, seeking to make road contractors more directly responsible for the quality of their executed projects.

The primary motivation behind extending the defect liability period is to safeguard public investments in Ghana's road infrastructure. Minister Agbodza believes that a longer period will compel contractors to deliver more durable and higher-quality work, thereby protecting the significant financial outlay by the government.

This initiative forms a crucial part of the Ministry of Roads and Highways' broader efforts to enforce stringent quality standards and ensure that contractors adhere strictly to project specifications. The Minister acknowledged instances where mistakes have occurred, underscoring the need for enhanced oversight. He stressed that while the ministry is committed to ensuring roads meet required standards, strengthening contractor accountability beyond the current liability period is essential. A prolonged liability period is expected to serve as a powerful incentive for contractors to prioritize the quality and longevity of their work from the outset.

Minister Agbodza expressed strong confidence in the capabilities of Ghanaian engineers and contractors, asserting their ability to design and execute road projects that meet international standards. He stated his belief that local expertise is fully capable of delivering high-quality infrastructure within the country.

The government plans to leverage this local talent to construct resilient road networks that can withstand the test of time, thereby reducing the necessity for frequent repairs. The overarching objective is to ensure that completed road projects remain in optimal condition for extended durations. This approach would allow the government to reallocate limited financial resources towards expanding road infrastructure into new communities, rather than constantly repairing existing ones. The Minister urged contractors to view the delivery of durable roads as a professional obligation, demanding full adherence to contract specifications and quality requirements, and affirmed the ministry's ongoing commitment to monitoring construction works closely.

Lawyers advising road contractors and consultants in Ghana should closely monitor the Ministry of Roads and Highways' discussions regarding extending the defect liability period. This proposed change could significantly alter contractual obligations, risk exposure, and negotiation strategies for current and future public works projects, requiring a review of standard contract terms and compliance frameworks.

Source: Original reporting via Graphic Online