Zimbabwe High Court: Contractors Must Repair Road Defects Under Liability Clause

• Legislators raise concerns over potholes on newly rehabilitated roads in Zimbabwe.
• Ministry of Transport and Infrastructural Development emphasizes defects liability clause in contracts to hold contractors accountable.
• Government approves new infrastructure financing framework to provide funding for delayed road projects.

The ministry only pays contractors after engineers certify that the work meets required standards, and contracts include a defects liability clause requiring contractors to repair any defects within an agreed period at their own cost.

Legislators in the Zimbabwean Senate have raised concerns over the quality of recently rehabilitated roads, citing potholes and other defects. Matabeleland South Senator Nonhlanhla Mlotshwa questioned the Ministry of Transport and Infrastructural Development on measures to hold contractors accountable for substandard work. The senator noted that some roads completed under rehabilitation projects were already deteriorating.

The Minister of Transport and Infrastructural Development, Felix Mhona, responded by stating that contractors are only paid after engineers certify that the work meets required standards. He also emphasized that contracts include a defects liability clause, which requires contractors to repair any defects within an agreed period at their own cost.

The Ministry of Transport and Infrastructural Development has maintained that all road construction contracts include a defects liability clause. This clause is designed to hold contractors accountable for any defects or potholes that emerge within the agreed liability period. According to Minister Mhona, if a defect appears before the agreed time, the contractor must redo the work at their own cost. The ministry's emphasis on this clause suggests a commitment to ensuring accountability in public infrastructure projects.

However, some roads that appear to have been poorly constructed may actually be resurfaced roads rather than newly reconstructed ones. Minister Mhona explained that resealed roads retain the original road structure beneath the new surface, making weak sections susceptible to potholes.

In response to concerns over stalled projects, Transport and Infrastructural Development Minister Felix Mhona announced that the government has approved a new infrastructure financing framework. This framework will provide funding for delayed road projects through financial institutions. The minister also stated that all contractors are expected to be fully mobilized in the coming weeks, with work having resumed on parts of the Matopo Road.

The government's efforts to address funding challenges and contractor mobilization may help alleviate concerns over the quality of rehabilitated roads. However, the defects liability clause remains a crucial accountability measure in ensuring that contractors deliver high-quality work.

Lawyers advising clients on public infrastructure projects in Zimbabwe should watch for the defects liability clause in contracts, which requires contractors to repair defects at their own cost within a specified period.

Source: Original reporting via Concerns mount as newly rehabilitated roads develop potholes, while Govt defends contractor controls