Common causes of construction disputes
- Late or non-payment of certified sums
- Delay and disruption claims, and liquidated damages
- Valuation of variations and additional works
- Defective works and design responsibility
- Termination of the contract and its consequences
- Calls on performance bonds and guarantees
Routes to resolution
Many construction contracts set a staged process — negotiation, then adjudication or mediation, then arbitration. Following the contractual steps and notice requirements is essential, because missing a deadline can weaken or defeat a valid claim.
Arbitration under the Arbitration Act 1995 is common for construction disputes, and the courts can grant interim measures where urgent protection is needed, such as preventing a bond call or preserving evidence.
Common risks and mistakes
- Missing contractual notice periods for claims.
- Poor site records, which make delay and variation claims difficult to prove.
- Suspending or terminating without following the contract procedure.
- Letting a dispute escalate without exploring negotiated or mediated solutions.
Who should seek counsel
- Employers and developers facing delay or defects
- Contractors with unpaid certificates or disputed variations
- Subcontractors and suppliers in payment disputes
- Consultants facing professional claims
How we work
- 1Early assessmentWe review the contract, notices and records to assess your position.
- 2Preserve your rightsWe make sure notices are served and evidence is preserved.
- 3Resolve proportionatelyWe pursue negotiation, mediation, adjudication or arbitration as appropriate.
- 4EnforceWe enforce settlements, awards and judgments where needed.
Advocates for this matter
Frequently asked questions
Only if the contract gives a right to suspend and the required procedure, including notices, is followed. Suspending without a contractual right can itself be a breach.
Through the dispute resolution clause in the contract — often negotiation, then adjudication or mediation, and finally arbitration. Court proceedings are used where the contract provides for them or for urgent interim relief.
Delay, disruption and variation claims depend on evidence. Programmes, site diaries, correspondence, instructions and photographs often decide the outcome.
Courts are generally reluctant to restrain calls on unconditional bonds, except in limited circumstances such as clear fraud. Advice should be sought immediately if a call is threatened.
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This page gives general information about Kenyan law and is not legal advice for your situation. Contacting us does not create an advocate–client relationship. Last reviewed 8 Oct 2026.