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The National Construction Authority and the Joint Building Construction Council co-hosted a stakeholder’s conference on 16th and 17th of January, 2018.
The conference, held at KPC Morendat and Conference Center, was to provide a platform for the review of the standard forms of construction contracts. It was well attended by industry stakeholders with representatives from Chartered Institute of Arbitrators (CIA), Institute of Quantity Surveyors of Kenya (IQSK), Public Procurement Oversight Authority (PPOA), Construction Industry Development Board (CIDB) among others.
This followed the recent rebranding of the former Joint Building Council, who’s recently appointed Chairman Kairu Bachia is keen to revive the once powerful body.
During the two day sitting, a series of changes were agreed upon by the stakeholders. To start with, there would be the identification of shortcomings and review of the contents of the JBCC standard forms of contract. Several amendments were proposed, such as a shift in focus to all players in the construction value chain, development of project-specific contract terms based on value, adoption of digital document dissemination and harmonization of contract and sub-contract conditions.
The need to adopt alternative methods of dispute resolution was also discussed, and to that effect JBCC would henceforth engage the Chartered Institute of Arbitrators in conflict resolution.
In her address to the sitting, Association of Architects in Kenya (AAK) Chairperson Ms. Emma Miloyo, said that JBCC was widely recognized both locally and regionally, bolstering its position of potential influence, sentiments which mirrored the position held by the Kenya Association of Building and Civil Engineering Contractors (KABCEC). AAK and KABCEC are the founding bodies of JBCC.
On his part, NCA Executive Director Dr. Arch. Daniel Manduku highlighted the need for JBCC to spearhead advocacy to influence formulation of policy in the construction industry.
There was also consensus on the formation of two committees within JBCC; the Content Committee that will deal with inclusion of new and emerging disciplines within the construction industry and, the Restructuring Committee which will be tasked with the expansion of JBCC to include other stakeholders.
The standard form of contract, popularly referred to as the Green Book, defines the relationship between developers (employers) and contractors. The review was necessitated by the myriad changes and developments that have occurred in the construction industry since 1999 , which was the last time the review process was undertaken.
JBCC was formed in the year 1980, and for many years was the key reference point in both the public and private sectors not just for the standard form of contract in construction but also the fluctuating price list that informed material price variations. The list will now be published on a quarterly basis, the most recent one dated end of November 2017. Mr. Bachia, a quantity surveyor by training and a former Chairperson of AAK, took over the leadership in July 2017.