This is a sick idea. People are running away from town. How much floor space will they create?

quot; When i grow up i want to write posts like @Kaigangio

these are general insurance clauses in construction contracts. in this instance, they have allowed shoppers and business owners to continue accessing the building. it get's very interesting coz once a contractor hands over a building, the owner is now supposed to provide his insurance cover. in this case, the owner of the building has insurance for the occupied floors and the contractor takes insurance for the new works. if for example a falling debris injures someone, the contractor is responsible but if an accident happens in the current shop floors, the building owner is responsible

It is not a sick idea. Many bussinesses are moving from CBD because of parking problems...

by any standards within Nairobi, an office block offering parking to the tune of 500 vehicle spaces is a hot cake...believe me, there will be a cut throat competition and scrambling for these office spaces...

@ gregory

A landlord who would agree to such would be quite foolish...Why?

The site once handed over to the contractor literally becomes his including any other item within it and as such the landlord is covered against any claims that may arise from within the site during the contract execution.

This is one of the tender conditions and thereafter contract condition that the contractor is obliged to adhere to failure to which the contractor automatically breaches the contract...

The Hazina towers development is unique in that there are three categories of people on this construction site.

1. the controlled category...these are the workers carrying out the construction on this site.

2. the uncontrolled permanent category...these are the businessmen/women owning businesses in the construction site

3. the uncontrolled non-permanent (temporary) category...these are you and me who visit or go shopping in the construction site and we are there for only a couple of minutes in a given visit...

The landlord is normally clever enough to transfer all the risks to the contractor from day one of the construction at a premium...

At any instantaneous time anybody within this building is and should be covered against any harmful effects of the construction...

May be we need to separate the two circumstances and treat them individually:

Firstly, start with an operational shopping mall before the works begin...

At this point in time, the building is fully owned by the landlord and any accidents that may happen within it and are attributable to the structure itself e.g lift ropes detarching or getting cut and lift going down in free fall causing deaths to the occupants, the atrium roof curving in and going down causing injuries or even death, etc, the landlord here would be responsible since all the risks are his/hers.

secondly, an operational shopping mall with construction works above it going on...

When the landlord hands over the construction site, the contractor assumes full ownership of the premises until the finished development is finally handed over to the landlord...The landlord thus transfers all the construction and building risks to the contractor such that if any misfortunes arises in any part of the building (be it in the operational section or the section under construction) and are attributable to the on-going construction works the contractor is squarely responsible...

take an example, the crane is lifting a load of reinforcement steel to 30th floor, but unfortunately at 25th floor level the knot tying up the reinfos becomes accidentally undone and the steel goes down smashing the atrium roof and on to the ground floor killing a couple of shoppers...You see the fact that this has happened in the operational section of the building, the landlord is not responsible for claims from these deaths but the contractor...The contractor will also be responsible for the damage to the atrium roof..That is why the contractor will have to take an idemnification cover for the buildings and the new works.

As for partial possession of a building by the landlord this is a different story altogether..In the case under consideration the operational section of the building is an existing entity and shall not form part of any physical work executed under the current contract.

If the new works goes to such a stage that the landlord feels that he needs to have or occupy a portion of it, then the contractor will complete that portion just as stipulated in the contract. The project will be said to be partially handed over when the landlord takes possession of it while the contractor continues to execute the rest of works elsewhere. The only risk here that the contractor transfers to the landlord is the operational maintenance costs and any other building damages that may arise due to its usage by the landlord. Plus the defects liability period for this portion starts from the date of partial practical completion. If the DLP expires before the construction is complete then the landlord becomes wholly responsible for the portion that he has been occupying (all the risks here to the landlord).

By the way partial hand over is normally a part of the contract agreement. The contract agreement would not have to be amended to accommodate the the partial completion scenario.

Kidero on the spot as regulator okays 39-storey building
Kwani Kidero is not for maendeleo ya nrb¿ Whatz up with the guy¿

@Metasploit,

The national environmental regulator has rejected claims by Nairobi governor Evans Kidero that NSSF does not have its approval to construct the Hazina Trade Centre, which is set to be Nairobi’s tallest tower on completion.

The National Environment Management Authority (Nema) said in an interview it had renewed plans by NSSF to extend the eight-storey Hazina Trade Centre to 39 floors in June last year, having first given the authorisation in September 2011.

Approvals by the environmental authority remain valid for two years.

@ mwekez@ji

If you read my earlier posts any barriers created by the Nairobi County planning department is an avenue for bribery and corruption...

These guys don't usually get this kind of mega projects quite often...The contractor on the other hand would wish the process finished quickly so that he can start making money...

You can rest assured that the money that will be changing hands behind the scenes for quickening of the process will be paid out by the contractor...He will recover it nevertheless!!!