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Terms & Conditions

Effective: June 2023 | Nairobi, Kenya

EarthPlan Construction Limited (Company No. CPR/2015/208057 ) is a registered construction firm licensed by the National Construction Authority (NCA) and authorized to manage project funds under Kenyan law.

1 General Terms

EarthPlan Construction Limited (hereafter "the Company") is a duly registered entity under the Companies Act (Cap 486) of Kenya, holding NCA License No. 46822/B/1218. These terms govern all contracts for construction services within Kenya.

Legal Capacity:

  • Registered to manage construction funds per NCA Regulations 2021
  • Licensed to operate as a prime contractor for building works and road works.
  • VAT Registered: P051565239L

2 Contract Formation

Stage Requirements Legal Basis
Proposal Acceptance Signed agreements agreed upon by both the company and the client wwithin the stipulated scope of work and as per the rate Law of Contract Act §3

3 Financial Terms

Payment Schedule

  • Initial Deposit: 20%
  • Foundation Completion: 30%
  • Roofing Completion: 25%
  • Practical Completion: 20%
  • Retention (12 months): 5%

Fund Management

  • Monthly account statements provided
  • Withdrawals require dual authorization

Licensed by Central Bank of Kenya for client fund management

4 Project Execution

Construction Phases

  1. Phase 1: Site Preparation

    Survey, clearing, foundation layout (5-10 days)

  2. Phase 2: Foundation/Substructure

    Excavation, reinforcement, pouring (14-21 days)

  3. Phase 3: Superstructure

    Wall construction, roofing, finishes (60-90 days)

Force Majeure

The Company shall not be liable for delays caused by:

  • Acts of government or local authorities
  • Extreme weather conditions (per Kenya Met Dept advisories)
  • Material shortages beyond our control

Notice Requirement:

Client must report defects within 7 days of project handover to qualify for warranty coverage.

5 Warranties & Liabilities

Construction Warranties

  • Structural Elements: 10 Years
  • Roofing Systems: 5 Years
  • Plumbing/Electrical: 2 Years

Excludes damage from unauthorized modifications or natural disasters

Limitations of Liability

  • Not liable for pre-existing land defects
  • Maximum liability = 125% of contract value
  • No consequential damage coverage

6 Dispute Resolution

Mandatory Steps:

  1. Written complaint to Site Manager (7 days resolution)
  2. Mediation through NCA Arbitration Centre
  3. Legal action only if mediation fails

Governing Law:

  • Kenyan law applies to all contracts
  • Exclusive jurisdiction of Nairobi courts

7 Amendments & Severability

Contract Changes:

Any modifications require written agreement signed by both parties. No verbal amendments shall be binding.

Severability:

If any clause is deemed unenforceable, remaining terms stay valid. Unenforceable provisions shall be modified to reflect original intent.

Acceptance of Terms

By engaging our services, you acknowledge having read and agreed to these terms in their entirety.

Version 3.2
Effective 15/06/2023

EarthPlan Construction Limited is registered under the Companies Act (Cap 486) with a paid-up capital of KES 50,000,000