2023 Edition

KEY CLAUSES IN CONTRACTS
Construction contracts are legally binding agreements between a contractor and a client with an
intention to provide clarity and protection for both parties involved in the project.
There are several types of construction contracts, including fixed-price contracts, cost-plus contracts,
time,materials contracts, and management contracts. Some of the key elements include:
Scope of work: A detailed description of the work to be performed by the contractor.
Payment terms: The amount and schedule of payments to the contractor, including any penalties or
incentives for completing the work on time or under budget.
Schedule: The timeline for completing the project, including any milestones or deadlines.
Change order procedures: The process for making changes to the scope of work, timeline, or budget.
Warranties and guarantees: The terms and duration of any warranties or guarantees for the work
performed by the contractor.
Dispute resolution: The process for resolving disputes between the contractor and client, such as
through mediation or arbitration.
Termination clauses: The circumstances under which either party may terminate the contract,
including any penalties or fees for doing so.
It's important for both parties to carefully review and negotiate the terms of the contract before
signing.
As a general rule of thumb, what is not writing has not been said!
+Patrick Mwangi |Construction Project Manager| 3rd March2023
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REDFLAGS IN CONTRACTORS
The contractor is generally the builder and can cause a serious damage if not scouted for wisely. They
are mandated to execute works and paid the largest share of the project sum. Adequate due diligence
is very important since 70% of the work rests on their hands. Here are a few insights to be keen on:
Lack of licensing or insurance -A reputable contractor will have the proper licenses and insurance to
protect both themselves and their clients. Be sure to ask for proof of both before hiring a contractor.
No references or portfolio - A good contractor will be happy to provide you with references from past
clients and show you their portfolio of previous work.
Poor communication - If the contractor is slow to respond to your technical calls or emails, or doesn't
seem to be listening to your concerns or questions, it could be a sign that they're not interested in
providing good customer service.
Pressure to sign a contract or make a deposit - If a contractor is pressuring you to sign a contract or
make a deposit before you're ready, it could be a sign that they're not trustworthy.
Lack of clarity in the contract - Make sure the contract clearly outlines the work to be done, the
timeline, the payment schedule, and any warranties or guarantees.
Poor reviews or ratings - Check online reviews and ratings to see what past clients have to say about
the contractor. If there are a lot of negative reviews, it could be a red flag.
Unwillingness to provide a written estimate - A reputable contractor will provide you with a written
estimate that clearly outlines the costs associated with the project. If they're unwilling to do so, it
could be a sign that they're not trustworthy.
Generally, it's important to do your research and trust your instincts when hiring a contractor. If
something seems too good to be true or doesn't feel right, it's best to keep looking for someone else.
A contractor`s primarily defined as a business person. Stay alert!
+Patrick Mwangi |Construction Project Manager| 4th April 2023
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CONSTRUCTION CLAIMS
Construction claims arise when two or more parties of the construction contract get into a dispute.One
may claim for compensation for accrued damages especially due to breach of the contract.They
include:
Delay claims - These claims arise when there is a delay in the completion of a project due to a variety
of reasons, such as late delivery of materials, unforeseen circumstances, or changes in the scope of
work.
Change order claims - These claims arise when there are changes to the scope of work or design of
the project that were not initially included in the contract.
Defective work claims - These claims arise when there are defects in the work performed by a
contractor or subcontractor that result in additional costs or repairs.
Payment claims - These claims arise when there are disputes over payment, such as when a contractor
is not paid for work performed or when a property owner refuses to pay for work that was completed.
Breach of contract claims - These claims arise when there is a violation of the terms and conditions of
a contract between parties involved in the construction project.
Negligence claims - These claims arise when a party involved in the construction project fails to
exercise reasonable care, resulting in damage or injury to another party.
Design error claims - These claims arise when there are errors in the design of the project that result
in additional costs or delays.
Warranty claims - These claims arise when there are defects or issues with a product or service that
was provided as part of the construction project, such as faulty equipment or materials.
In legal terms they are collectively classified into 4 categories:
Contractual claims - arise when one party fails to fulfill his contractual obligation thus causing harm
to the other party.Such include delay of works and payments.
Ex-gratia claims - arise where one party decides to compensate the other as an act of goodwill without
any legal obligation to do so.
Quantum Meruit claims - arises when one party provides goods or services to another party, but no
contract exists between the two parties, or the contract is incomplete or unenforceable.
Common law claims - arise as a result of any breach in contract clauses such as payments,warranty or
negligence.
These claims are handled by the appointed contract administrator or the Quantity Surveyor.Such a
procedure call for adequate negotiation skills as you also apply the suitable dispute resolution method.
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SUSTAINABLE CONSTRUCTION WASTE MANAGEMENT
Construction waste refers to any type of waste or debris that is generated during the building
process.This waste can include materials such as concrete, wood, metal, bricks, glass, and plastics.
Construction waste can be generated at every stage of a construction project, from site preparation
and foundation work to finishing and landscaping. The amount and type of waste generated depend
on factors such as the size and complexity of the project, the materials used, and the construction
methods employed.
Such waste canarise from demolitions,stockpiling,cut offs,residual,poor transportation and during

application. This calls for austainable waste management approach whereby which involves
minimizing waste generation, maximizing material recovery and reuse, and reducing environmental
impact. Here are some practices that can help achieve sustainable waste management in the
construction industry:
Design and plan for waste reduction - The design of buildings and infrastructure should take into
account the amount of waste generated during construction and aim to reduce it where possible. This
can be achieved by using prefabricated components, choosing materials that can be reused or
recycled, and avoiding over-ordering materials.
Waste segregation - Waste should be separated into different categories, such as hazardous waste,
recyclable waste, and non-recyclable waste. This makes it easier to dispose of waste in an
environmentally friendly manner, and also makes it easier to identify opportunities for recycling or
reuse.
Recycling and reuse - Materials that are no longer required can be recycled or reused in other projects.
For example, concrete can be crushed and used as aggregate, and timber can be used for fuel or as
mulch.
Waste disposal agencies- Where waste cannot be recycled or reused, it should be disposed of
responsibly. This may involve using a licensed waste disposal company, or arranging for waste to be
transported to a landfill site.
Education and training - Workers in the construction industry should receive education and training
on waste management practices. This can help to ensure that waste is handled correctly and that
workers are aware of the environmental impact of their actions.
Conduct waste audits - Conducting regular waste audits will help identify the types and quantities of
waste generated and opportunities for recycling, reuse or waste minimization.
Collaborate with suppliers - Work with suppliers to minimize packaging and use recycled or recyclable
materials. Request detailed information about the materials and the supplier’s environmental impact.
+Patrick Mwangi |Construction Project Manager| 21st April 2023
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AI AND THE CONSTRUCTION INDUSTRY
The current talk all over is on adopting the technology to enhance efficiency in this industry.AI has the potential to
revolutionize the construction industry by improving efficiency, reducing costs, and enhancing safety. Here are some ways
that its being utilized in construction:
Predictive analytics - AI can help predict potential problems before they occur by analyzing data and identifying patterns.
This can help construction teams identify areas that may require more attention and make adjustments to avoid costly
delays and errors.
Autonomous equipment - AI-powered construction equipment can operate without human intervention, increasing
productivity and reducing labor costs. For example, autonomous excavators and bulldozers can perform repetitive tasks
more efficiently than human operators.
Quality control - AI can detect defects in construction materials and identify potential quality issues. This can improve the
overall quality of construction projects and reduce the risk of costly rework.
Safety monitoring - AI can monitor construction sites for potential safety hazards, such as falls or equipment failures. This
can help prevent accidents and ensure that workers are protected on the job.
Virtual and augmented reality - AI can be used to create virtual and augmented reality simulations that allow construction
teams to visualize and test designs before they are built. This can help identify potential issues and optimize designs
before construction begins.
One of the primary concerns is the potential displacement of human workers. As AI becomes more prevalent in the
industry, there is a risk that some tasks currently performed by humans may become automated, leading to job losses.
While this is a concern, it is important to note that AI can also create new job opportunities, particularly in areas such as
data analytics and programming therefore its only a threat to those who are not welcome to the idea of learning and
operating it.
Another potential risk is the ethical use of AI. As AI becomes more advanced, there is a risk that it could be used to make
decisions that discriminate against certain groups, or to infringe upon individuals' privacy rights. It is crucial for companies
to prioritize ethical considerations when developing and using AI technology in the construction industry.It has no power
to create but to recreate.What you feed it is what it feeds you.
There are many successful AI applications in buildings that have helped to increase efficiency, reduce costs, and improve
the overall user experience. Some examples include:
HVAC systems - AI can be used to control heating, ventilation, and air conditioning (HVAC) systems to maintain optimal
temperatures and reduce energy consumption. It can also detect when rooms are unoccupied and adjust settings
accordingly.
Lighting and security control - AI can be used to control lighting in a building, turning lights on and off automatically
based on occupancy and natural light levels. The same applies for monitoring security cameras and detect suspicious
activity.
Maintenance - AI can be used to predict when equipment in a building is likely to fail, allowing for proactive maintenance
to prevent downtime and reduce costs.
Indoor air quality - AI can monitor air quality and make adjustments to HVAC systems to maintain healthy indoor
environments.
Yes, it is is possible to co-exist. After all,we as professionals hold the power of creation and thus the ability to make them
better.
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SITE SAFETY
Site safety is a major concern globally. In Kenya, it is regulated under the Occupational Safety and
Health Act (OSHA) 2007.This is a looming crisis since discipline of safety is barely taken into account.
There are so many hazards on site. Just to mention a few:
Working at Heights - Working at heights, such as on scaffolds or ladders, can be dangerous if proper
safety precautions are not taken. Falls from heights are a leading cause of construction site fatalities
including even the public.
Poor Housekeeping - A messy or cluttered work site can increase the risk of accidents and injuries.
Tools, equipment, and debris left lying around can cause tripping hazards, falls, or other accidents.
Electrical Hazards - Electrical hazards, such as exposed wires or improperly grounded equipment, can
cause electric shock, burns, or fires.
Excavation Hazards - Excavations can collapse if proper shoring and sloping are not in place, posing a
serious risk to workers being trapped in pits.
Chemical Exposure - Exposure to hazardous chemicals or materials, such as certain paints, can cause
serious long-term health effects, especially respiratory illnesses.
These hazards are very avoidable. In the interest of protecting workers, improving productivity and
enhancing reputation, the contractor can deploy the following measures:
Train Workers - All workers on a construction site should receive proper training and instruction on
how to work safely. This includes training on the use of equipment, tools, and materials, as well as
training on the safe handling and storage of hazardous materials.
Provide Personal Protective Equipment (PPE) - Employers should provide workers with appropriate
personal protective equipment, such as hard hats, safety glasses, gloves, and respiratory protection.
Workers should be trained on how to properly use and maintain their PPE.The cost is reserved in the
preliminaries section.
Regular Safety Inspections - Regular safety inspections should be conducted to ensure that all safety
protocols are being followed, and to identify any potential hazards or risks. Serious action should be
taken when the contractor is found not to oblige with the terms.
Proper Equipment Maintenance - Equipment on the construction site should be regularly inspected
and maintained to ensure that it is in good working condition and safe to use.
Also remember that remember of safety policies often succumbs to internal challenges. I mean, the
workers themselves pose the challenge. This can be communication barriers or just a mere resistance
to follow the policies particularly wearing PPEs.Contractors may also work under pressure to meet
deadlines thus have an impact on safety procedure.Again,they are also on limited resources.
+Patrick Mwangi |Construction Project Manager| 5th May 2023
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BUILDING CODES AND BUILDING STANDARDS
The Building Code is a set of laws and regulations that govern how buildings are constructed and
maintained in Kenya
Unfortunately for us, we still use the 1968 building code which has been around for 55 years now.
Amendments have been made by the National construction Authority since 2020 to promote the new
revised code but still lagging behind as a result of political interference.
In brief, the code provides legislation of the following elements:
Approval of building plans, siting and Spacing including offsets from beacons, plot access, height,
service lines and minimum sizes of rooms, building materials including testing and codes (British
Standards), general building framework including foundations, structural steelwork, walls, roofs,
floors, chimneys,stairs and lifts, building services including fire reistance,ventilation and drainage and
finally general particulars such as demolitions,horading,change of use and associated penalties.
Building Standards are a set of guidelines that Architects and Engineers use to create buildings that
meet the requirements of the Building Code. They are broadly classified into sustainable design and
sustainable construction. This largely involves utilization of modern technology in the built
environment.
𝖲𝗎𝗌𝗍𝖺𝗂𝗇𝖺𝖻𝗅𝖾 𝖣𝖾𝗌𝗂𝗀𝗇
Passive architecture whereby a building relies on natural processes to create comfortable and
sustainable living spaces e.g. orientation to the sun and natural ventilation from wind flow.
Active architecture whereby a building relies on mechanical and electrical systems (HVAC) to regulate
indoor temperature, lighting and air quality.
Social spaces in terms of accessibility, inclusivity and egornomics. Disabled people should be
accommodated in your design. There has also been a trend of providing combined parent and kid
washroom. The art or painting of the room should blend with the end user.
𝖲𝗎𝗌𝗍𝖺𝗂𝗇𝖺𝖻𝗅𝖾 𝖢𝗈𝗇𝗌𝗍𝗋𝗎𝖼𝗍𝗂𝗈𝗇
Lean construction which advocates for minimum waste production while improving quality.
Sustainable materials such as wood, cork in place of glass and stones for insulation and precast
elements for landscaping.
Embracing the use of technology such as drones and electrically operated machines to minimize the
associated hazards imposed to the environment.
The common associated agency in Kenya is the National Green Building Standards (NGBS) and has a
subsidiary here in Kenya called Kenya Green Building Council. (KGBS)
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DELEGATION OF DUTIES
Delegation in the construction industry is the practise of authorizing a team player to carry out a
particular task. This is a very important component of project management since is ensure smooth
coordination.
Unfortunately for our under-regulated sector, it is taken for granted. Some professionals are in the
game of assorting tasks for themselves usually because of the gravity of the reward. This results to
conflict of interest as they are actually trespassing into each other’s line of service.
Traditionally this was the duty of the Architect but in the recent trend, it has been taken over by the
Project Manager. The Project Manager should come up with the `responsibility matrix` which serves
as a guide to what is expected of every consultant including himself and the client. This document
confers authority to appointed member on whether to approve only, manage only or bear
responsibility or both.
For example, In tender evaluation,
- Client - approves
- Project Manager – facilitate/manage
- Contractor – responsible
Such criteria creates a burden of responsibility since everybody knows what is expected of him or her
and in case of a fault, a specific individual(s) can be called out and account for the mess. If the Architect
for instance, does a random site visit and orders for a column to be shifted through a written
instruction without liaising with the Engineer, then such should be termed as a serious offence.
Such kind of conflicts may result to the project stalling and compromising quality of works.
Consequently, there will be additional cost to be borne by the client just by mere recklessness.
Back to our polluted sector; there are different Acts governing the different professions. An example
is Cap 525 of the Architect`s and Quantity Surveyor`s Act and Cap 530 of the Engineer`s Act. They offer
specifics on the qualification criteria and also scale of fees. Yet again, you will find an Architect
preparing bill of quantities or an Engineer drafting an architectural drawing. The Quantity Surveyor
together with the Engineer also choose to declare themselves as project managers.
When such happens, the scope of each profession becomes diluted and quality becomes substandard.
That bill of quantities done by the Architect will not come out as perfectly if it were done by the
Quantity Surveyor or the architectural design drafted by the Engineer if it were done by the Architect.
All these professions provide specific values in the specific line of work. The Architect takes care of
space and function, the Engineer safety and durability, the Quantity Surveyor costing and control, the
Project Manager managing risk, time and quality.
We should embrace sticking to our lanes as per the job descriptions. Do what is required of you
without necessarily assuming all work to yourself. Once you get a client as a responsible professional,
delegate!
There is a reason as to why amount of work always exceeds the workers.
Patrick Mwangi |Construction Project Manager| 16thMay2023
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CLARITY IN PROJECT MANAGEMENT
An emphasis on clarity is very important in project management. It involves establishing clear project
goals, objectives, tasks and overall direction. Every player involved in the project including the client,
consultants and the contractor must have a shared understanding of the scope in terms of what needs
to be accomplished and how it will be achieved.
The common way on how this is achievable is asking questions while on site regardless of your
capacity. Making careless assumptions often lead to serious mistakes and misunderstandings. A
common scenario is how tasks are prioritized. This is a challenge for some contractors, since they fail
to differentiate between urgent and important tasks and important but not urgent tasks.
For instance, commencing of the works before the building permit expires to prevent extra charges of
reapplication, qualifies to be an urgent and important task. Erecting a boundary wall before
construction of the main house is important but not urgent. This is also a concept of Parkinson`s law
which states that work expands to fill the time available for its completion.
We advise that you incorporate these pro tips whilst managing your construction projects:
- Set clear project objectives which you are sure that everyone is aligned on what needs to be
achieved. They should be specific, relevant, attainable and time-bound.
- Thorough detailing of the project scope; making it clear about the boundaries of the project
in terms of what is included and excluded.
- Developing a responsibility matrix where all the players know their responsibilities within the
project and understand their roles in the project.
- Embracing transparent communication at all times. This can be easily achieved through site
meetings where information is shared regarding progress updates and whether expectations
are being met or other new ones are set.
- Regular documentation of the day works which can easily act as a point of reference or
confirmation about a particular work methodology. Contracts also must be embraced to
establish one focal point of clarification.
When this is achieved, all players will be on the same train and expecting to arrive at the same
destination. Picture this as having a flock of sheep in a yard and as the herdsman, you have spotted
the best spot for them to feed on and created a common passage for their safe transit and arrival.
Through clarity:
- Every player understands the deliverables expected and makes his/her best contribution.
- There is a higher rate of accountability resulting from the responsibility matrix and this also
prevents confusion and duplication of efforts during delivery.
- Conflicts are easily resolved since every one is briefed with the same information and the site
diaries or contract agreement act as a point of reference.
It is also important to advocate for the training of construction workers in terms of handling
equipment and work methodology including material specifications and general workmanship. The
language used on site is different than the common one. You direct a casual to place spacer blocks on
beams, he places a stone pebble. Again, the overall beam size is 450 mm and the guy prepares the
reinforcement layout with and depth of 450mm thus the beam ends up being 500mm and inflating
the cost due to additional concrete.
Yes should mean yes and understood as yes only, the military way. Clarity affords focus!
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FOREIGN INVASION IN THE CONSTRUCTION INDUSTRY
Having a closer look on what has been happening to our contractors for the past 5 years, it is safe to
assume that they are under the mercy of their foreign counterparts. Yes, the building department in
our built environment is heavily colonized!
Our contractors have been brought on their knees of which is highly attributed by unfair competition.
Take a look at all the infrastructure projects we have. How many can you count by the fingers of one
hand that have been executed by one of our own? They summon them to only handle renovations
and demolitions. As for building works, most of the commercial developments tenders are rarely
awarded to the local contractor.
So how are the foreigners good at the game? Is it that our contractors lack technical capacity? Do they
lack sufficient experience? Are they incompetent? It is surprising that our local developers including
the Government buy the fallacy that the local contractor is untrustworthy, reckless and unqualified.
This is wrong! You are the ones scouting for the wrong ones. We have excellent local contracting firms
with a good reputation even outside the country. They are now executing projects in Rwanda,
Tanzania, Uganda and South Sudan. Does it mean that these neighbouring countries have no
standards? Here is why.
Firstly, infrastructure projects are subject to kickbacks. Pictures this, when you are looking for a spare
part in town, someone will approach you and lead you to a specific shop. The shop owner will
overcharge you in your purchase to create a commission for that referee. Unlike a reward, that is
illegal. Local contractors cannot manage such scale of commissions but foreigners do. An example is
the expressway. The negotiator got USD 10,000,000 as kickback. Our local players are left competing
for renovation tenders which are subjected to manageable fees of about USD 10,000.
Kickbacks are also reinforced by political influence. Politicians backup these acts to an extent of
presenting scrapped up bills like the Public Private Partnerships (PPP) all in efforts to salvage as much
as possible. The trending issue now is the privatisation of 100 dams proposed by the cabinet secretary.
You can guess how much we are talking about in illicit commissions.
Secondly, the foreign players get cheaper loans from their parent countries. Interest accrued is
between 3% to 6%. The extremely compromises the credibility of the local contractor. With such loans,
they have established massive plants and used them as selling points. Moreover, their rates of
sensitive items such as scaffolding, concrete and formwork are below market rates since they now
have a different method of sourcing and will still make profit.
Again, they have better understanding of our own laws than we do. Trust you me, If I interview our
local contractor and a Chinese contractor on the same panel, the China man will stand out as the
expert. He has read the relevant Acts and the constitution inside out and discovered its loopholes thus
capitalizing mercilessly on them. Check what is happening as for the real estate market in Kilimani and
Kitusuru.Find out who actually owns those units. Some of our builders tend to think they need a yard,
few plant and equipment and they are good to go all because they are fellow citizens and no threat
will come your way. Well, I challenge you!
There is little hope for own contractors in terms of what the future holds for them. Remember, the
Government will not be on your side since the foreigners pay much more in tax and consistently retain
a good name when it comes to delivery. Their terms in contract administration are also superb, of
which is a real challenge to our local players. Through the PPP, they have the Design-Build-Operate-
Transfer module which is almost impossible to be handled by our own. They are now moving out to
other countries.
Mr. Kenyan Contractor particularly NCA 1 or NCA 2, how are you surviving?
+Patrick Mwangi |Construction Project Manager| 23rd May 2023
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PERSPICASITY AND SOLICITUDITY
We have been trained as consultants to be critical thinkers, problem solvers and also paying attention
to detail. A lot goes on around us in our professional lives. But again, do we care to notice if something
is not in order? If not in order, do you call it out and ensure the orderly procedure is adhered to?
The current environment and cultural systems are so polarized and have created a serious mess. There
is now the common narrative of `mind your own business’. This has created a syndrome of abrupt
negligence and incompetence, of which is against our traditional professional order of practise. In the
90`s when a neighbour`s kid is guilty of misconduct, you were allowed to punish the child and later
when the parents come home, explain the case and congratulated for upholding discipline. Try that
today, you will be charges with violating `children rights`.
Back to the construction industry.
As the project manager passing by a random site and notice some unsafe and awkward practices such
as lack of personal protective equipment, incomplete signboard details and unhealthy waste disposal
techniques you stop over and call it out? If yes, do you care that it will be implemented or hold on to
the mentality that you did your best by just noticing it? If no, are you aware that that is a passive
professional negligence?
Over to you Mr. Architect. You spend your time in office creating and designing amazing house plans
in accordance with the provided building codes. When we make a visit to your apartment, there are
issues with the lighting, movement coordination, waste disposal or air circulation. Have you engaged
the management to challenge it while advising on the way forward? Why rent it out in the first place?
Mr Engineer, you have done well and built your own house and settling better than your colleagues
who are busy buying units. A challenge for you; are you satisfied by the fact that all the furniture in
the house is bought? Why not even craft a customized chair for yourself? Why not decorate your
landscape through hands on skills such us fixing paving slabs? You are a creator and problem solver.
Be useful and lead by example.
We ought to care and pay attention since we also get to learn. The tendency of ignoring issues since
because they do not directly affect you, must stop. Aim to be the last man standing since there is no
pleasure in the `mind your own business narrative’. You get what you entertain. If you are condoning
mediocre practises, that is exactly what will be coming at your doorstep.
A query for deep thought:
You are in a journey but made a stop over to have a rest at a hotel for the rest of the night. You wake
up in the morning and realize the building including your reserved room had cracks. As a consultant
should you or will you proceed pay the accommodation fee?
+Patrick Mwangi |Construction Project Manager| 27nth May 2023
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SPOTTING REDFLAGS IN CLIENTS.
Clients are the main players in projects owing to the fact that they are the financiers. They are also
the ones with the idea thus initiating the project in the first place.
However, for some, it is taken as the opportunity to lead consultants to depression and the contractor
to bankruptcy.
I have compiled an executive checklist that you ought to go through and ensure you are not a victim
of such torments. Where the clients fulfil the following conditions either totally or partially, then
abandon the train and return home to your family; I mean, protect your career and general reputation.
They repeatedly refuse to let you be in charge - clients who refuse to abide by your consultancy is
actually as sign of disrespect. This is common as they use their financial authority as defence and most
contractors miss out on this for fear of losing the job.
They want you to work for free - if a client asks for a ridiculous discounts in the name of assurances
to recommend you to other clients then watch out. For instance, make a site visit and underpays you
or fails to with the excuse that you had come to look for work.
They are always in haste - building is a process, not an event. A client comes to you drops a task and
expect you to rush to get it done is quite lethal. Even from your end, you end up making mistakes and
for that you will again be underpaid or not paid at all. Should you feel you are up to it, then charge
double.
They have a track record of being in conflict with other consultants – in case of a bad reputation of
your new client arising from previous interactions with your counterparts, abandon mission
immediately. You are not different. Do not attempt to be the sacrificial lamb.
They provide incomplete information or withhold it - this is specifically associated with information
relating to project scope and budget. For instance, they fail to disclose the land you are building on
has an unending dispute or the financier is the bank and this changes the process of overall payment
procedures.
They have deliberate poor communication patterns - clients who are unresponsive, take a long time
to reply to emails or calls, or consistently fail to provide necessary information can hinder progress
and cause delays. As a contractor, you might even find yourself building nobody`s house.
They lack respect or professionalism - clients who display disrespectful behaviour towards you or
your team, use inappropriate language, or fail to adhere to professional boundaries may create a toxic
working environment. This includes undermining you perhaps since you are the younger one. A very
common occurrence if dealing with a relative as client.
They constantly miss deadlines - clients who consistently fail to provide necessary deliverables such
as payments or handing over site to the contractor should be handled with caution. Otherwise, it will
be blamed on you. Fun fact, those who are relaxed and quiet are very co-operative in payments. The
loud and the boastful often default on payments.
It is also safe to note that 99% of the clients you will encounter have never been in a construction class
and therefore do not understand or appreciate the design aspect. This can be attributed to the fact
that they are unsure of their goals and have vague expectations. There may be a lot of changes in
design or budgeting.
This should not be confused as a red flag since it is where you chip in and advice accordingly. The client
must still be co-operative and willing to be engaged. Prevention is better than Cure!
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NEGOTIATION IN THE CONSTRUCTION INDUSTRY.
Negotiation is a very important discipline in this industry since it establishes the baseline for trust and
professional responsibility of delegation.
Successful negotiations rely heavily on efficient communication since it applies in all phases of the
project. Just to mention a few:
Initiation - clients and consultants enter into negotiations during briefs as they settle on payments
and the general scope of work. Clients and contractors must get to a contract agreement which
clarifies on issues such as pricing of work, timelines and general quality standards.
Execution - Charge orders may be issued whether as an omission, addition or substitution calls for
negotiations and agreement in cost implications or schedule adjustments. Suppliers and contractors
may also get into negotiations to agree on issues like quality of materials and mode of delivery.
Handover - disputes may emerge as the project is about be complete. This may be due to missing out
on scheduled deadlines or payments.
However, the delivery of this aspect calls for good mastery and expertise. Assuming that you are called
to a dispute, how will you handle it? For the case of conflict management, assume you are dealing
with an approach-avoidance conflict between the client and the contractor, what would be your ideal
checklist?
An approach- avoidance conflict is whereby you are making a decision about a situation with both
positive and negative ramifications. For instance, you are considering to apply for a job that has good
salary and of high status but again have to deal with a great deal of pressure and long working hours.
To apply it in construction; is whereby clients create huge variations to meet their satisfaction and fail
to factor in that they are actually inflating the budget at their own expense and must be separately
compensate the contractor but become notorious. So, lets negotiate to bring both sides to agreement.
Remember, making it a win win case is the most ideal.
Background information - gather relevant information on each party`s interests, needs and priorities
to help you justify your stand. Do not take sides. If there is a contract, then all is clear.
Build a rapport with both parties - establish a positive and respectful tone with no demands or
ultimatums. Listen as they both speak, ask open-ended questions and clearly articulate your own
stand. On listening, pay attention to what is not being said.
Establish a common ground - identify shared interest and goals as you foster a collaborative
environment. Open up to new perspectives as you start making concessions which are balanced and
fair.
Closing out and documentation - maintain a persuasive and composed demeanour as you deploy
persuasion techniques. Once an agreement is reached, review and make sure it is put down in writing
for easy reference.
Again, follow up on the agreement and how effective it is since negotiation is a dynamic process.
Always maintain open lines of communication with the other party.
Remember, negotiation not a confrontation but an act of diplomacy.
+Patrick Mwangi |Construction Project Manager| 2nd June2023
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PROFESSIONAL NEGLIGENCE
In our beloved country, it is safe to say that there is no specific written oath of practice, similar to that
for doctors, that the various professionals pledge prior to assuming their practices. This has with time
created huge conflict in terms of professional ethics as far as service delivery is concerned. The means
to the accomplishment of task is totally out of order.
Professional negligence in the construction industry refers to the failure of professionals, such as
architects, engineers, and contractors, to meet the required standard of care in their work, resulting
in harm, financial loss, or damage to a project or individual.
Negligence can be evident in capacities described below:
Design Errors - Architects and Engineers may make errors or omissions in their design plans, resulting
in structural defects, inadequate safety measures, or other issues that can cause harm or damage.
This is common where there is a huge workload and under pressure to meet deadlines. For example,
an Architect fails to incorporate the inclusivity features such as ramp for the disabled or the Engineer
designs for the nominal case instead of the worst case.
Construction Defects - contractors fail to follow specifications as per the drawing whether of materials
or workmanship during the construction process, leading to defective workmanship and faulty
installations. This may be spotted during inspections but all checks may not be perfect thus leaving
out a risk of harm during occupation. Communication is also an issue especially in issuing site
instructions without clarity.
Failure to Supervise - professionals responsible for overseeing construction projects may neglect their
duty to supervise the works by the contractor or ensure compliance with the plans and specifications,
resulting in errors or delays. However, this may be argued that there is little or no pay but fail to realise
you will still be held liable in case of an inconvenience.
Inadequate due diligence - professionals fail to adequately warn clients or other stakeholders about
potential risks or hazards associated with a construction project, such as soil instability, structural
weaknesses, or environmental concerns such as rainy weather. This is attributed to being in a rush at
the planning stage with the assumption that all will be well.
Misinformation - professionals providing inaccurate or misleading information, such as incorrect cost
estimates or misrepresentation of qualifications or experience, can lead to financial losses or delays
for project owners. This is same case for professionals who assume roles not initially accredited to
them. If a Quantity Surveyor does a structural design, then that is a quack of an Engineer.
These professionals have a duty to exercise reasonable skill, care, and diligence in their work, and
when they fail to do so, it can lead to legal claims of professional negligence.
When professional negligence occurs, affected parties may seek legal recourse through a professional
negligence claim. They will need to demonstrate that the professional owed them a duty of care,
breached that duty, and that the breach directly caused harm or damage, resulting in measurable
losses. Expert testimony and evidence are often crucial in these cases.
To avoid all these troubles, as a professional, preserve your integrity, work ethics and acknowledge
your responsibility.
+Patrick Mwangi |Construction Project Manager| 6th June2023
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COST CONTROL IN PROJECTS.
The contract has been signed at a fixed cost and funds released, what next? Cost has to be controlled
so as not to deviate from the original budget and avoid imposing a financial burden to the client.
Cost control in construction project management refers to the process of monitoring, managing, and
minimizing expenses throughout the lifecycle of a construction project. Effective cost control ensures
that the project is completed within the allocated budget, while maintaining quality standards and
meeting project objectives. Here are some key tips to check on in cost control:
Establishment of payment terms - these involves whether the appropriate time of payment and can
be based on milestones or on time. As for milestones it calls for payment depending on the stage of
construction whether foundation, walling or roofing. Once done then the money is released. Payment
based on time is based on the monthly valuations or after 2 months and subject to retention sums.
Waste management - proper supervision is key to minimize material waste so as to save on the cost
of frequent purchases. Items should be sparingly used such as dismantling of formwork with caution
so that it can be used for the next element of work.
Risk management - all risks should have been eliminated at initial planning stage. However, should
others emerge along the way then they should be minimized, for example theft and accidents. The
small accessories such as nails tend to be stolen which leads to extra costs when repurchasing. Again,
site accidents such as collapsing of walls during excavation is also subject to rework.
Labour control - you must check the productivity of the workforce. It does not always mean that if
you hire a huge labour force you will complete the work faster since it may also encourage laziness.
Again, this workforce is consuming so much from funds from labour aspect and may inflate the cost.
Again, practise subletting specialists works especially for electrical and mechanical services.
Programme of works - prepare a comprehensive work programme that identify project lags so that if
possible you may divert a certain funding to avoid repetition. For example, when tiles are to be
delivered later for finish up the main structure auxiliary works may begin such as the boundary wall.
Value engineering - this involves identifying opportunities for cost savings without compromising the
project's quality or functionality. It involves analysing alternatives, evaluating trade-offs, and selecting
the most cost-effective options. For example, in space allocation, you can revise some provisions made
so as to reduce the gross area and consequently the cost.
Variations - variations should be limited as per the contract agreement since they tend to inflate
budgets in the long run. For example, replacing flush doors for mahogany doors is huge cost inflation
factor.
Material audits - always check on the quantity and quality of materials delivered on site. It’s very
important so as to ensure no comprise is made from the supplier. If 100 bags were to be delivered
and only 90 have arrived yet what was paid for is 100 then there is a problem.
Disputes and claims - disputes is also part of a risk and should be eliminated by all means. It calls for
an emergency funding and consumes a lot of time. This inflates the overall cost.
Its also essential to conduct post-project reviews to identify lessons learned and best practices for
future projects. Analyse cost performance, identify areas for improvement, and incorporate feedback
into future cost control strategies.
Patrick Mwangi |Construction Project Manager| 9nth June2023
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CLIENT ENGAGEMENT
From the construction perspective, client engagement is a very technical issue that must be
understood well. In most cases, you will find yourself dealing with clients who do not even know let
alone understand what they want. This occurs at the initiation phase of the project as clients are
expected to provide briefs so that the consultants provide workable solutions.
It is always cynical since ideas are not properly synthesized. As a consultant, you are to provide
guidance and making sure the spoken ideas are logical, workable and within the acceptable norms. In
most occasions speak different languages from that of the client since we have been in the game for
a while but must be careful not to lose the connection.
Honestly, you cannot expect a client to know what a structural drawing is. If the client knows it, then
he cannot understand it. Similarly, for the bill of quantities. What the client knows is that you are there
to synthesize the data and solve the problem at hand from a professional`s perspective. Here are some
quick tips to maximize on engagement:
Fostering a deeper connection - this aims at listening to what is not being said. Put yourself in the
client`s situation. Conduct interim assessments while gathering feedback. Continuously seek for input
to tailor solutions to their specific needs.
Provide your value - what is your actual usefulness? Find yourself solving the problem and not adding
problems. Speak the client`s language. They don`t know what is a conceptual cost or structural
integrity but rather a budget and a stable building. Additionally, stay updated with industry trends by
conducting market research. For example, instead of a conventional slab, you can propose for the use
of hollow pots in effort to reduce cost amongst other advantages.
Go beyond expectations - go the extra mile. Offer personalized recommendations such as personal
experiences while providing additional resources and support. Think about delivering a memorable
experience through proactive communication. As a general rule, when granted the opportunity to
brand yourself, you must make the best of it.
Follow up on progress and feedback - regularly seek client feedback to evaluate the effectiveness of
your engagement strategies. This also builds on trust and transparency since you will also be delivering
your work progress as promised.
Client loyalty is very important since you are there literally to protect him against himself. Using a
concentrated technical approach will make the client drop off and actually landing on a
quack.Sadly,the quacks understand them better, its only that they have interests for themselves.
Always purpose to meet and exceed the client`s expectations.
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PROFESSIONAL FEES
Professional fees are sums charged by the relevant practioners in the industry as a compensation or reward for their
exemplary services. This can be an Architect, Quantity Surveyor, Engineer or Project Manager. A guide is provided by
different institutions starting with Cap 525 of Architects and Quantity Surveyors Act as well as Cap 530 of the Engineers
Act. Additionally, the Board of Registration of Architects and Quantity Surveyors (BORAQS) and other ceremonial
associations such as the Architectural Association of Kenya publish guidelines relating to the same.
However, it is safe to mention that on the practical scenarios, none of the recommendations are followed. Why so? The
guidelines are so clear and also expected to advise on the same to clients. Are the professionals the mediocres? Are the
institutions not adequately empowered to enforce it? Do the clients really have no budget to accommodate the
consultancy fees?
Firstly, these fees are dependent on several factors regardless of the profession. The common factors are:
Project size and complexity - larger and more complex projects require a greater level of expertise, resources and time
commitment from professionals and thus the fees tend to be higher than for minor projects. An example is whereby site
visits for skyscrapers can go up to ksh 25,000 while for maisonettes is a maximum of ksh 10,000
Scope of work - a comprehensive scope that includes all services such as design, project management and overall
consulting will result to higher fees. Again, this is for massive projects only.
Professional experience and reputation - professionals normally reserved with title `senior` have extensive experience
with a proven track record and a massive reputation will call for higher fees since quality is more assured
Geographical location - of course this is also a factor that is often left behind. Regions with higher living costs or greater
demand for construction services calls for higher fees. This is why firms operating mostly outside the city centres have
lower rates.
Market target - professionals dealing with developers have higher fees of which mostly are non negotiable compared to
professionals dealing with regular clients.
Professional Accreditations - Professionals with specialized knowledge, certifications, or advanced qualifications may
command higher fees due to their expertise in niche areas of the construction industry. An example are architects who
are also certified green building consultants.
These fees can also be agreed via a contract where parties agree to the amount and terms of payment. Terms Include
Hourly rate - charge per hour for your services. This is common with project managers.
Fixed fee - depending on the scope of work, a one-time fee is set by a consultant which can be paid in stages.
Retainer - this is a charge to retain the professional services. This is common for contractors who have an external team
of consultants who are not direct office employees but engage then in projects from time to time.
All these fees must cover for all expenses incurred during the course of work such as travelling, accomodation, research
and documentation. This must be agreed at the onset so as to determine the maximum output of the professional.
Honestly, an Architect who charges ksh 200,000 for a design and another charging ksh 90,000 have a huge variation in
terms of the design functions. Then there is a confused one who is in debt and charges ksh 30,000 for a design.
This creates a market where clients think that design is an easy process. Charges are for the years spent mastering the
skill not the one off product delivered. ‘Charging less` per say is undermining the roles of the professional consultant.
There is laxity to follow up on this matter since our industry is not taken seriously compared to doctors and lawyers. For
them, if its ksh 1,000,000 it is so. Pay or leave. There are competent professionals competing for salaries on the range of
ksh 300,000 to ksh 600,000 while that is the income for an intern surgeon. Does it seem okay with you? Think about it.
Here are the common range of the actual charges based on percentage of construction costs based on my research:
|Architectural : 4% - 6% | Engineering : 2% - 4% | Quantity Surveying : 1% - 3% | Project Management : 6% - 9% |
|All inclusive : 7% - 10% |
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PROFESSIONAL ENGAGEMENT
By now you have come across the phrase `I know some who charges less` by clients. This is a
total menace since in the long run they run back to the professionals to fix the situation which
again require magicians.
Professional engagement in the construction industry refers to the active involvement,
participation and interaction of professionals within the project to meet the standards of the
required deliverables. It involves professionals from different disciplines within the
construction industry, such as Project Managers, Architects, Quantity Surveyors, Engineers,
Contractors and other stakeholders such as the Government. These professionals engage with
one another to exchange information, ideas, experiences, and best practices to enhance
project outcomes.
Clients must and should engage and work with professionals from project inception to
handover. Some drop clients after the design and approval stage and reset to defaults of
quacks. The construction industry is not a betting platform. Results are not abrupt but a
collection of multiple of events leading to its success. Building a home is a process, not an
event.
Relevance of professional engagement include:
Assurance of quality and safety - professionals actively share their expertise, identify and
eliminate potential risks and implement best practices to ensure that construction work
meets or exceeds industry standards. Likelihood of errors is very minimal.
Execution intelligence - since the industry is evolving, professionals explore new
technologies, materials, and construction methods. They implement innovative solutions,
improve project efficiency, and embrace sustainable practices.
Cost savings - construction professionals have the expertise to develop accurate project
budgets, prepare cost estimates, and monitor expenses throughout the project lifecycle. Our
understanding of value engineering and cost-saving measures helps optimize resources,
control expenses, and deliver the project within the allocated budget.
Shortcuts taken end up being the longest route when the maintenance phase kicks in. Any
hidden blunder always comes to light. Renovations are very expensive since at times, they
involve demolition and re-doing the structure afresh.
As consultants, it is safe to also mention that we should devise mechanisms of connecting
with clients. They have to know that we are available so as to appreciate our existence. This
is where quacks leverage since they are readily available and easily comply to their terms.
Patrick Mwangi |Construction Project Manager| 20thJune2023
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IS A CONTRACTOR A BUSINESS PERSON OR A PROFESSIONAL?
This is a debate worth your attention since it forms quite a controversy. By first principles, a contractor
is a person or a firm that undertakes a contract to provide materials or labour or both in exchange for
a reward, usually money. Hence by default, a contractor is a business person.
However, with the upcoming and evolving trends in the construction industry, the argument
aforementioned is declared to be biased. There are currently different forms of contract specifically
in terms of procurement include traditional, design-build and management. As for the design build
model, it also calls for the contractor to be a professional since there is involvement in the design
stage.
So what difference is there among the two? Let us start with the contractor as a business person. Such
contractors have a reputation of being majorly concerned with profits. What matters is marketing
their services by all means necessary, get clients and the focus on the cash flows. Yes, they will still
deliver but with a slightly diluted taste of quality. Their focus is majorly growth and expansion and
have minimal attachments to projects.
The contractor as a professional is a more of a calling. To start with, such contractors have come from
previous professions such as Engineering and Project Management; hence have specialized skills and
knowledge such as building technology and the building codes. They also belong to professional bodies
and cannot afford to fail to be registered by the relevant authority such as the National Construction
Authority. They are focused to understand the client`s needs and provide value by helping them make
informed decisions. Reward is more of a passive expectation but still automatic.
So, to easily differentiate the two, be very keen on the following aspects:
Expertise - A professional contractor will often emphasize their specialized knowledge, skills, and
qualifications related to the construction industry. They may have acquired formal education,
certifications, or licenses from their previous practise. A business contractor will emphasize about his
reputation of doing work and usually has no related background education.
Client-Centric Approach - A professional contractor is focused on actively engaging with clients and
providing tailored solutions. The business mogul is only worried about the cashflows. More of; give
me (cash) I give you (project) and everyone to go home happy.
Accreditation by an Association - A professional contractor belongs to a reputable professional

association and is also a regular participant in conferences and seminars aimed at continuous
professional development. The business contractor is not interested in events which have no returns
unless he is sponsoring and there is how it is of benefit to him.
It is also safe to note that the title contractor has no educational background of study hence open to
anyone. Again, both members are registered by the same national regulator and requirements are not
limited to anyone.
A contractor can qualify as either a business person or a professional or as both. It is however very
important to be keen while filtering them. Always prioritize competency and truthful capacity to
deliver.
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IS THE CLIENT ALWAYS RIGHT?
The client is the key financier and sponsor in projects and thus the enjoys the privilege of being
worshipped most of the times. The popular phrase of “the client is always right” has all always been
the gospel since time memorial.However,for the construction industry, is this always the case?
Firstly, there should be a clear understanding of that statement. It is meant to suggest that the client`s
needs and priorities should be given adequate attention so as to foster continuous interactions. In as
much as it is important to value the feedback, it does not mean that all their demands should be
unquestionably met.
Conflicts emerge from the briefs provided by clients. This attributed to the situations where there are:
Misinformed and unrealistic demands – there is always a 90% chance that the client does not have a
complete knowledge about the project or even none at all. This creates unrealistic and impractical
expectations and as professionals is where we come in to manage those expectations appropriately.
Ethical concerns – some clients may understand the procedure but request you to get your hands
dirty especially during building approvals .Legal standards and professional ethics must not be
compromised since if you look at the larger picture, you are becoming a danger to others. If the
building collapses its also your fault.
Toxic interactions – some clients tend to behave in an abusive and disrespectful manner especially
where issues fail to work in their favour for the greater good. This cannot be condoned and always
advised to step back as a professional.
Need for a long-term relationship – sometimes as a consultant you may be trapped in a dilemma. A
client may offer a fair price for your services and choose to execute since you have worked before and
would not like him/her to land in the wrong hands or have hardships in creating new relationships.
Secondly, a more balanced approached is required when handling clients. You have to scrutinize the
client and understand his needs. What is needed is for you to deliver while meeting his satisfaction.
As a consultant your priority lives to be protecting clients against themselves. For those in practise you
can tell how you have had weird briefs, especially where the budget is not limited. They must be
standardized to maintain the principles of Architecture (space and fuction) and Engineering (stability
and durability).
In general conclusion, construction projects involve complex technical aspects. Professionals must
take charge and provide guidance. In as much as you are interested in the challenge, remember you
are the one with the required information and should not adhere to the clients unethical and
unprofessional demands.Morever,if there is a possibility of issues going south, please adopt contracts
and any other written agreements. It is for the best. The future of that stable co-operation is not
always assured.
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CHALLENGES OF CONSTRUCTION STARTUP IN KENYA
Many face challenges in finding jobs and improving their careers.Well,running a construction related
entity is also not a walk in the park. This applies regardless of whether it is a service provider or product
seller. Some break the boundaries, others seem lucky and several quit along the way. I have gathered
some facts on this on which I hope you can be wary of especially for the upcoming and those intending
to venture. Do not be afraid. It is still worth the shot.
There are broadly 2 factors to take into consideration. They are internal and external. They are both
heavily underestimated and broadly due to the polluted construction culture of unprofessionalism
and biased Government policies. There is the mentality that since you are a citizen, you can do
anything you feel on grounds that you are a Kenyan. You think the Government will just entertain your
mediocrity since you were born here and you forget that in the business world, you are viewed as a
taxpayer. This is how foreign players are beating us. I mean, they even understand our own laws more
than us!
The internal factors are:
Lack of experience and industry-based knowledge – the construction field requires a lot of technical
expertise. You must learn the methodology and understand the process of project delivery. You
cannot start your operations solely because you saw your neighbour, who is an upcoming contractor,
changing cars on a monthly basis. A background knowledge is important. People are rushing to be a
Jack of all trades. You can make so much money on being plumbing subcontractor rather than a
general contractor. Do your research!
Inadequate projections in planning – this is a huge headache for suppliers including hardwares and
general distributors. You fail to do a comprehensive market analysis and understand the actual client
that you are targeting. Most argue with the “lower cost and high quality” trick which itself is very
contradicting.Morever,you may start well and fail to plan for growth. The momentum in terms of
aggression plummets after a good sale and forget about the future.
Ineffective engagement – again on marketing, guys elaborate more on their benefits and forget on
the value to add on a client. An Architect brags on having superb renders but having a disfunctional
house plan behind the scenes. A contractor claims to have a massive capacity but can never meet
deadlines. Suppliers sell out their product and cannot even issue security through warranties.
The external factors are:
Legal documentation – you can never afford to have grudges with the Government. Understand all
licenses require from taxes to individual practising licences. You are not a fruit vendor to hawk your
product or services in the streets. Once you start facing tax penalties and other legal disputes, you are
done.
Advancing trends – emphasis is on improvisation. This involves understanding the dynamics of
operation may it be technology or normal practises. For example, clients are more convinced with the
supply and fix methodology. There are also computer-based systems to check your cashflows and
customer base for a given period and so on.
Due diligence and understanding of due procedures is very important. By first principles, identify the
problem and provide a solution.Aftwerwards increase your value and we, as clients, will find you.
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WHY CLIENTS ARE VULNERABLE TO CON-GAMES.
As per the culture of the profession, the norm is that the project is for the client while the site is for
the builder in liaison with the consultants. Ideas and approvals come from the client thus confined all
the authority.Trasformation and application is of concepts is for the builders and consultants and must
both complement each other. Conflicts arising from either or all parties, becomes a complete mess.
With the larger responsibility being on clients, makes them vulnerable to self-destruct especially by
being in an autopilot mode. By this I mean creating monopoly of knowledge and responsibility. This is
evident in cases where clients take unsolicited advice from friends and family, generally being in a rush
or having a lot of insecurities in projects.
No one is against taking advice from friends and relatives. The problem comes in when such advice is
in conflict with a professional`s recommendation especially when your relatives are not one. No 2
projects are fully identical. Your story does not have to be your friend`s story. An iota of uniqueness
has to be featured lest your project loses taste. Those friends can easily turn to con artists especially
if left to be fully in charge of your project. The goal is to salvage as much as possible by comprising the
planned designs and methodologies.
Moreover, it has been said time and again that building is a process and not an event. Where are you
rushing to? When you rush professionals in designs, you create a risk of making the designs come out
faulty.Actually,they may reject such terms and this is where quacks will come in and promise you
heaven on earth. Mistakes will eventually be made on budget, time and quality as you fail to
thoroughly revise and analyse how the 3 deliverables complement each other.
Lastly, we all know that the investment is yours thus on high alert to preserve it.However the levels of
insecurity you portray can be irritating. This includes demanding to be the supervisor on site, creating
abrupt and unnecessary variations (to reduce cost) or raising unjustified claims about methodologies
used on site. In such scenarios, you unknowingly create an impression that the builder or consultant
does not know what he is doing on site. This affects the output since you kill the positive attitude and
motivation because literally, you mocked someone`s expertise. The project will be abandoned and
quacks will chip in.You may be happy since they will agree to everything you say but overtime it will
be a complete mess.
Proper planning is the gospel. Take your time to gather recommendations, conduct a due diligence for
the delivery team as you consult widely. This is a long-term investment. If you spent 5 years
accumulating savings, why rush to deplete them in 6 months? Why force to apply discounts and expect
the same quality? Such games will land you in the menu rather than been the cook. Appreciate the
process.
Patrick Mwangi |Construction Project Manager| 08thSeptember2023
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SET YOUR STANDARDS EXPEDITIOUSLY
Setting clear standards with clients in the construction industry is a precursor to harmonious project delivery. This is a
must for successful project coordination and maintaining the mutual working relationship. When you step in court, there
are house rules at first sight. When you step in theatre, there are accommodation rules upon touching base. Similarly, it
is very important to create such boundaries with all clients upon first contact. This is very important in the long run as
everyone`s importance is acknowledged and taken seriously.
The first and most vital is the payments. This include terms, modes and schedule. As a consultant or contractor, you must
specify how you expect to be paid; inclusive of upfront deposits, progress payments and final payments. Such payments
should also be availed at specific timelines and deadlines thereof since you understand the level of disruption it can cause
on your expenditure in operations. Whether cash, cheque or any other mode must be well outlined due to changes in
transaction. Failure to adherence is to attract heavy penalties which must be gravely outlined.
The second and equally vital which can at time be number one is respect and professionalism. An emphasis must be made
on mutual respect and professionalism in all interactions. Courtesy is a must. It is not a matter of who needs whom more,
who is older than whom or failing to acknowledge the importance of each other. A code of conduct must be established
to create a decorum for all parties involved.
Finally, is the autonomy of work. This is basically everyone sticking to his/her role and not interfering with the other
especially if the expertise does not exist or called for altogether. Just to elaborate, “a fish does not teach a fisherman
about fishing”. Clarify your role and the client`s role in the project. Boundaries to be made clear in terms of workflow,
decision making and general protocols to approval for a smooth workflow. Communication should be made in good time
particularly in working hours relating to project updates are addressing any concerns. Regular feedback is important from
both sides to express satisfaction and areas of improvement.
In summary all this item especially the first point can be well specified in a contract agreement so as to provide realistic
evidence. All project details, specifications, timelines and responsibilities must be comprehensively documented. Accrued
warranties, penalties and changes in scope must also be well captured.
If everyone sticks to their roles, it will be a smooth ride. All parties should have shared understanding of these expectations
to prevent misunderstanding down the road. All these must be set at the initiation stage while receiving the brief. If it
fails there, abandon the mission immediately. The incoming risks; of late payments, being despised since you are the one
looking for a project or rushed to deliver results with limited resources, is not worth it. You are trained to overcome this.
You just can`t stoop to this.
+Patrick Mwangi |Construction Project Manager| 14th September 2023
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COLLABORATION IS THE WAY
To start off, I will quote my professor “its better to have a small piece of a big cake than a big piece of a small cake. “Read
that again. Sounds familiar? Let me explain. The small piece of a big cake describes the Samaritan while the big piece of a
small cake describes the Oppressor.
In this day and age, we live in very competitive industry. To make the matters worse, the opponents are in competition
of equivalence. Enmity is created as a result of sidelining each other for the best deals. It is a divide and rule ego that
drives the market standards. It’s even worse for partnership deals today where there are no direct immediate benefits.
You just set a meeting when you can offer something in return. Otherwise it’s a rollercoaster of unanswered calls,
rejection, dejection, uncertainty and anxiety.
There are several disciplines in the built environment. No profession is a one stop shop in terms of attending to the client's
needs. That already tells you that you can't assume all work to yourself. Most professionals within in the region especially
the better part of Africa are fighting against this initiative. This selfish mantra has caused a lot of chaos and disorganization
in this industry. Everyone is now a self-proclaimed expert through a roadside declaration.
A case example is whereby a client goes to the Architect for designs but the Architect proceeds to do a cost estimate
thereby locking out the Quantity Surveyor, all for the money. At the same time, work may be too much but the Architect
refuses to call other fellow Architects and share the workload; again, for the money. What we fail to realize is that foreign
players come around with a niche and engage our own professionals thereby taking all the work. Sadly, they employ you
and you stick there shamelessly showcasing your pride to us that you work with an international firm.
At the same time, we tend to ask for commissions emanating from referrals in the name wanting to take credit for giving
work to your neighbor. Surely, you referred a client to be taken care by your colleague in a much better way or you were
too busy. The client is home and dry. That’s all. This politics of demanding a 5% share of the sum is unethical. You end up
hiking initial fees and introduce the idea of it being a business transaction rather than exchange of value.
All players should stick to their own practice and collaborate where necessary. Work always exceeds the workers. How
we can do it together is better than how you can do it by yourself. We are here for the best interests of clients and to
serve the industry as a whole. No need for blame games. No need for disregarding one another.
Unity and good will wins.
+Patrick Mwangi |Construction Project Manager| 21st September 2023
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CONFLICT OF INTEREST
It is expected that at one point in time, we may conduct business with friends and family. Human interactions are prone
to misunderstanding and given that you share an extraordinary connection with the aforementioned category, you may
compromise the integrity, transparency, and fairness of the construction projects.
Conflicted interests are of a wide scope in this industry. A case example is tender awards to nominated contractors by
word of mouth without competitive bidding. Again, you may find professionals having secondary employment or
consulting roles that conflict with their primary responsibilities on a project. Another ridiculous scenario is whereby
perhaps the principal of issuer of permits is a friend to a client running an uncompliant construction site.
Best option is always to acknowledge the status and withdraw from the conflict. Here is your checklist:
• Identify and disclose conflict whether relational or financial.

• Evaluate the nature and extent of the conflict of interest to determine its potential impact and whether it poses
a real or perceived threat to the integrity of the project.
• If the conflict of interest involves a key decision-maker or party, consider whether that individual should recuse
themselves from decision-making related to the conflicted matter and Implement mitigation measures to
minimize the impact of the conflict while the issue is being resolved.
• Continuously monitor the construction project to ensure that the conflict of interest does not resurface and that
the resolution measures remain effective.
It is unfortunate that our nature and culture inclines to the path of always thinking that we can solve all messes. Decisions
are to made in autonomy without due influence for the best of judgement. A mess created from neglecting crimes made
due to personal relations can mess up projects big time.
Let not being conflicted be confused with being under siege since the latter lacks self-will and freedom of choice.
Transparency is a vital artefact of communication. Stakeholders should be able to report suspected conflicts without fear
of retaliation.
As you become conflicted, preserve your ethics for the greater good. Acknowledge the circumstance and call for
intervention.
+Patrick Mwangi |Construction Project Manager| 22nd September 2023
My Website
STATUS OF CORRUPTION IN THE BUILT ENVIRONMENT
You must have associated corruption with bribery and biased methodologies in practice but it generally involves abuse of
power. Some argue its due to the situation of the environment exposed to or accustomed culture but I incline it to human
nature. We are generally selfish beings in nature with opportunistic and self-centered ideologies.
The status of corruption still extends to the built environment and starts at the individual capacities as client, builder or
consultant and stretches far wide to institutions such as associations and Government not forgetting the industry
presence of manufacturers and suppliers. Yes, it’s not a one man`s affair and did not begin yesterday. Actually, in a given
incident or scandal, you may find all mentioned parties involved whether directly or indirectly.
The built environment is a delicate field given that it accommodates one of the 4 basic needs of human life which is
housing and shelter. This is an aspect leveraged to be the playground of such crooked dealings. Not once have we had:
developers compromising on the roles of consultants, contractors purchasing practicing certificates, consultants
interfering with each other`s roles, Government authorities issuing building permits recklessly, associations under capture
by sponsored partners hence fail to advocate of bad practices, manufacturers monopolizing materials production and
suppliers availing substandard products.
The interesting fact of such incidences is they that eventually catch up with everyone and jeopardizes your unfairly earned
benefits. So what next? We all know that there are laws in existence to govern the industry and eradicate such incidences.
But what happens? The mantra is I know a guy who knows a guy. Again, it’s a mentality that law is for the commons; the
rich and influential are unaffected. Incase it’s the Government, you will hear its not breaking the law because the
Government is the law. Such dynamics have completely polluted the culture to an extent that those who follow the law
and those who have not, are actually riding the same boat with the same benefits and misfortunes. A case example is
where you pay the building permit fee but still provide a `facilitation fee` to motivate the staff to act on your designs quick
enough. Again, one who has all approvals on site and another who misses some are subject to the same `allowance` to an
authority upon a site visit.
I believe laws are created to keep the industry in order since without them, we live like animals. Laws can exist but without
enforcement they are completely useless. Another incidence is where a building permit is issued to build on riparian land
then later on as construction is underway, the permit is revoked. It becomes a fracas of internal fights between agencies
under the tab that the `Government does not understand what the Government is doing’. Such clown shows demotivate
even a regular player to take industry matters seriously.
Laws are made for compliance not to be broken. Corruption is just one of the rewards for lack of enforcement. You have
seen the level of disruption and losses it has caused in terms of building collapse, defective materials around and increase
in construction cost. Let us normalize doing the right thing, at the right time, at the right place and in the right manner no
matter what!
+Patrick Mwangi |Construction Project Manager| 28th September 2023
My Website
DOES LUCK APPLY IN THIS INDUSTRY?
I don`t know about you but for my case I believe luck exists. However, it is an extension of ability and availability. How
special are you? Are you in the right place in the right time?
The construction industry globally is a venture that calls for patience, resilience and hard work given that the building
itself takes time to transform from conceptualization to handover. It is a series of planning, coordination and monitoring
evaluation. There are neither shortcuts nor quick fixes.
In the job market, the case is quite different in comparison to other sectors. In regards to the delicate nature of scope of
work, you find that it is basically referrals. This is not to be misquoted as favoritism or biased application systems. In case
where an Architect is called for a job, it is communicated through stakeholders within to provide someone competent
who is vetted by the given recommendation. Again, networking works very well. Most companies would not consider
advertising posts only to later meet the directors at an event who were actually looking for you. If not, it’s up to you to
provide the need.
The same phenomena applies to consultancy services and contracting services. The extra effort in this case is that you
make good of every work you engage in to stay on demand. It is easier to award a project to a contractor who has been
in the game for a while, seen his work and got good reviews rather than sharing the opportunity with a novice. That is
why those who do good jobs are given running contracts. No canvasing, only justifiable negotiations.
You have heard of people being called out of retirement and attend to their previous roles. Does it mean that there is no
one at that time to perform the duty of the retiree? You have seen clients being loyal to always walk with and refer specific
consultants. In case the consultant is busy, the client will wait until he is relieved and proceed with him. Some consultants
go to the extent of turning down several offers as they see fit. Is the chosen client lucky?
I think it points back to you as an individual in regards to the brand you have built for yourself. Hard work, discipline and
tolerance get to build your worth and preserve your value overtime you become a wizard. That colleague you see in
volunteering forums and trade fairs ends up changing flights every week-end. That is availability. That workmate who was
dedicating an hour to learn an extra skill and expand her technical expertise, later lands a promotion. That is ability.
These tantrums we throw at each other and guys ahead are due to envy and jealousy makes us end up not acting on
opportunities as the `lucky` ones. People have come from somewhere for them to be famous, rich and prosperous. This
is a unique industry, treat it as so. No time for emails in job applications or request for proposals. For business owners,
you understand how you close more deals informally than formally. It this status quo. Fight it at your own risk or fit in at
your own pleasure. Miracle is an element of hard work. If you got away with it first time, make it good since there will be
no other chance.
+Patrick Mwangi |Construction Project Manager| 05th October 2023
My Website
PROFESSIONAL ETHICS IN THE CONSTRUCTION INDUSTRY.
As a professional in this industry; what do you do when no one is watching you? How do you respond
to tough situations? How do you play safe in your management roles?
Ethics is knowing the difference between what you have a right to do, what is right to do and why it is
done. This principle extends out to all players at any role in the built environment. It is now obvious
that mistakes cannot remain hidden. Violations of professional ethics can lead to legal consequences,
financial losses, and damage to a professional's or organization's reputation.
Case example an example of an approval authority taking bribes to approve non-compliant drawings.
That is breach of the code of social responsibility. The community is now in danger of uncontrolled
development which ends up affecting privacy and equity of resources. The client fails to adhere to
timely payments to contractors. That is breach of business ethics. The contractor engages in bid
rigging. That is breach of honesty. Manufacturers colluding for price fixing. That is breach of integrity.
The consultants underdelivering in line of duty. That is breach of professional competence.
I think it’s safe to say that the common ethics has been redefined as a result of the vexed culture we
have around. We have normalized the abnormal and to an extent of defending it. There is a stiff
competition to be non-compliant, of course all for the money and influence. You will even find some
clients calling for you to be unethical. Woe unto you if thy fall in to temptation as the karma of truth
is organizing for a very good headline to go viral immediately you are the next item on the devil`s
menu.
In your practice, both from training and personal experience, you have the obligation to do what is
right and stand for what is right no matter what. In the end you are always vindicated. The client can
be wrong. Your colleague can be wrong. The authority can be compromised. Why join the convoy?
You have you own brand. The reputation, competency, trust and Integrity you have built overtime will
be turned to ruins only for one single deal gone wrong.
Are you an open book? What is it you do when no one is watching? If there is something, then there
is a problem. Laws are created to bring out the vices and illuminate the consequences. Unfortunately,
we still have the choice to heed or discard. We have an obligation to ensure client satisfaction within
the right protocols as this is what hands over referrals or makes us be called again. You dare to
compromise in anything, it will catchup with you and your portfolio rating shall plummet in a blink of
an eye.
My Website
UNCONVENTIONAL PATHS OF SUCCESS IN THE CONSTRUCTION INDUSTRY.
The construction industry is often associated with the traditional and linear career path; one starts as an apprentice
or intern, works their way up to a professional, and eventually becomes a senior consultant. While this path has
proven successful for many, it is currently been challenged with emergence of unconventional paths and proving
that innovation, determination, and a willingness to take risks can lead to a thriving career in construction.
However, unconventional success stories often begin with a single visionary individual who sees an opportunity to
disrupt the status quo. These guys identify gaps in the market, develop innovative solutions, and establish their
own construction businesses. This is the case especially for contractors who some unfortunately end up redefining
the standards for construction practices.
Success in the construction industry is no longer confined to those with single-track expertise. Professionals who
diversify their skill set across various disciplines often find themselves at the forefront of the industry.
Unfortunately, again this has made some to be self-declared professionals by virtue of having self-taught skills
which in most cases is beyond their line of service delivery. An example is an Engineer with costing and estimation
skills.
The world is also undergoing a digital transformation and the construction industry is not immune to this. Those
who have embraced technology and adapted to the changing landscape have found unconventional paths to
success. By harnessing the power of data and technology, they have revolutionized project management, design,
and construction efficiency. This includes operating drones, ERP systems such as those for processing payments
and widescale use of Artificial Intelligence.
Networking and mentorship have also played a pivotal role in carving unconventional paths to success. Establishing
strong connections within the industry, learning from experienced professionals, and seeking mentors who provide
invaluable insights and opportunities elevate you to higher positions faster. The juniors who are open to
collaboration and continuous learning find that these relationships lead to unique and fulfilling career trajectories.
Let us not contradict this with forcing a new norm coupled with integrity and mistrust. Dubious strategies are being
deployed all over as the end results are forced to justify the means. Systems and protocols are in place to protect
public interests and that is why there is standardization of procedures. When you ask thief to define stealing, you
can expect an accommodative response compared to when you a ask an ordinary truthful person. This is the
problem. We are redefining quackery and the end result is misery and chaos.
Exceptionality is awesome. However, is the ethics in check? Are the bare minimums verified? If not, revert to first
principles and earn your way up as it should be. The emotional tantrums of gatekeeping eventually ends up creating
a pool of frauds. Unfortunately, the skill economy today judges by the capacity to get it done by all means necessary.
With the level of contamination in this sector today, it should be closed for serious renovations.
My Website
THE CONSTRUCTION BUSINESS.
In practice, we say that to your degree, add a skill and to your skill add entrepreneurial sense. Your business should
sell since at the end of the day you are to fetch some rewards. This is widely divided into products and services.
Products are quite easy to venture in as you manufacture, market, distribute and sell. As for services, it has to be
tactical given that it calls for ethics and authenticity as rewards come from referrals and personal branding. You
don`t market such services or engage in them anyhow since there are regulations around it.
In the journey to launch these startups, change operations or scale up, we tend to research around and gather
opinions from those who came before us. Unfortunately, most people project their end results and not what
happens behind the scenes. Some exaggerate or fake altogether and as a naïve novice you end up borrowing the
wrong thing.
Schools do not teach the business side of the profession. This includes how to engage a client, pricing for services,
prospecting for a potential market and successful closure of proposals. You get a client, you speak to him or here
like you do with a fellow professional. You get a client and attempt to extract as much as you can as if you will not
have another. You prospect today and wait for massive cashflows at the end of the month. Well, let me tell you
that you are on the wrong side of everything.
Firstly, running a startup from scratch is hell on earth. Especially if a lone, in such a depreciating economy and failure
to address a unique value proposition. You will see your senior peers online mentioning of how to give employees
vacations, spending on big office equipment and so on and forget to inquire how long they have been in business.
In fact, you may even find out that the office expenses are not even funded by that specific businesses they own.
Secondly, the sacrifice is immense in faith and practice. Well, not many things make sense anymore. Nothing like
holidays, nothing like weekends, time is utilized in planning, you have to keep being updated and so on. Again, in
prospecting, you will encounter rejection, dejection, uncertainty and anxiety. Expect empty bank accounts, debt,
collapsing deals without number and broken relationships. Basically, you will be unable to fit into the rigors of 8-5
routine having chosen a different and very difficult path of self-discovery.
No need of worry as overtime you will have mastered the game and all pieces if the puzzle will perfectly begin fitting
in. When in, its very important that you retain the ambition as you master your ego. Ego kills progression. The spirit
of backwardness hinders innovation. Staying the competition is actually tougher than getting in. Remember more
proprietors are flooding the market thus you must always be on your toes to diversify on new mechanisms to retain
you clients and bring in more.
Ethics must be upheld since the goal is satisfaction of the client`s requirements for the long-term advantage. This
is where differences may be sidelined and embrace collaboration for the greater good. You can also have the
partnership of reciprocation where you refer clients to each other from time to time and without expecting
commissions. Entrepreneurship and sales in particular must be a skilled nurtured in learning institutions. The
industry is not like a science lab for trial and errors but a race. Run your own style, win.
My Website

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KEY CLAUSES IN CONTRACTS

Scope of work: A detailed description of the work to be performed by the contractor.

+Patrick Mwangi |Construction Project Manager| 3rd March2023

A contractor`s primarily defined as a business person. Stay alert!

+Patrick Mwangi |Construction Project Manager| 4th April 2023

+Patrick Mwangi |Construction Project Manager| 14th April 2023

Such waste canarise from demolitions,stockpiling,cut offs,residual,poor transportation and during

+Patrick Mwangi |Construction Project Manager| 21st April 2023

+Patrick Mwangi |Construction Project Manager| 28th April 2023

There are so many hazards on site. Just to mention a few:

+Patrick Mwangi |Construction Project Manager| 5th May 2023

In brief, the code provides legislation of the following elements:

+Patrick Mwangi |Construction Project Manager| 12th May 2023

For example, In tender evaluation,

There is a reason as to why amount of work always exceeds the workers.

Patrick Mwangi |Construction Project Manager| 16thMay2023

Back to the construction industry.

A query for deep thought:

+Patrick Mwangi |Construction Project Manager| 27nth May 2023

+Patrick Mwangi |Construction Project Manager| 6th June2023

Patrick Mwangi |Construction Project Manager| 13nth June2023

Accreditation by an Association - A professional contractor belongs to a reputable professional

Patrick Mwangi |Construction Project Manager| 23thJune2023

Patrick Mwangi |Construction Project Manager| 27thJune2023

Patrick Mwangi |Construction Project Manager| 30thJune2023

Patrick Mwangi |Construction Project Manager| 08thSeptember2023

+Patrick Mwangi |Construction Project Manager| 14th September 2023

Unity and good will wins.

+Patrick Mwangi |Construction Project Manager| 21st September 2023

• Identify and disclose conflict whether relational or financial.

+Patrick Mwangi |Construction Project Manager| 22nd September 2023

+Patrick Mwangi |Construction Project Manager| 28th September 2023

+Patrick Mwangi |Construction Project Manager| 05th October 2023

+Patrick Mwangi |Construction Project Manager| 12th October 2023

+Patrick Mwangi |Construction Project Manager| 19th October 2023

+Patrick Mwangi |Construction Project Manager| 26th October 2023

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