A builder has been ordered by the High Court in Lautoka to pay Ba businessman Ravinesh Chand a total of $74,000, following the abandonment of a residential construction project in 2020. This ruling comes after a formal-proof hearing in a civil suit filed by Chand, who operates under the business name Rish Distributors, against Manoj Kumar of Ekta Builders.
The court heard that on May 14, 2018, Chand and Kumar entered into a contract worth $120,000 for the construction of a two-flat single-storey house in Namosau, Ba. Chand made a substantial payment of $114,000 towards the contract, withholding only $6,000 pending the issuance of a completion certificate. However, Kumar left the job site on January 16, 2020, without completing the work or providing any explanation.
Chand testified that Kumar only managed to complete the initial phase of the construction, leaving the subsequent phases unfinished. A defect report from another contractor indicated that a significant portion of the second stage remained incomplete, while stages three and four had not been initiated.
Chand was forced to hire a different contractor to complete the construction, which resulted in additional expenses of $25,000 for labor and over $52,000 for materials.
In his judgment, Justice Anare Tuilevuka pointed out that Kumar’s statement of defense had previously been struck out due to his non-compliance with court orders related to unpaid costs. While Chand sought liquidated damages of $200 per day for the delays incurred, the court declined this request, citing the impact of the COVID-19 pandemic on business operations.
Justice Tuilevuka also noted shortcomings in the evidence presented, including the absence of essential documentation such as municipal building approvals and consent from the iTaukei Land Trust Board (TLTB). Although invoices from Chand’s second contractor were submitted, they did not serve as proof of payment.
Considering these factors and allowing for some leeway due to the circumstances, Justice Tuilevuka awarded Chand $74,000, in addition to costs summarily assessed at $1,000.
This ruling underlines the importance of contract adherence in construction projects and serves as a reminder for both builders and clients to maintain clear communication and proper documentation throughout the process.
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