Cameroon is a common-law and civil-law country. The legal requirements for the creation of a legally binding contract in Cameroon or drafting a construction contract in Cameroon are offer, acceptance, consideration, intention to create legal relations, and legal capacity.
Contracts generally do not require any formalities and for this reason, there are no mandatory law requirements that need to be reflected in a construction contract. However, where the construction contract has to do with building over landed property, negotiating a construction contract in Cameroon must be in accordance with Cameroon construction contract law.
In Cameroon, construction contracts are always in writing because there is a need to have terms and conditions when negotiating a construction contract in Cameroon. This is due to the huge capital outlay of the project and the need to avoid controversies thereon.
Furthermore, drafting a construction contract in Cameroon always contain a provision for adjudication or arbitration. The inclusion of an adjudication or arbitration clause in a construction contract makes it mandatory for the contract to be in writing as envisaged by the OHADA Uniform Act on Arbitration.
For the work to meet the expectation of the Employer and for the Contractor to satisfactorily deliver the work, specific provisions must be included when drafting a construction contract in Cameroon between parties. This will not only enable the work to be completed within the stipulated period, but it will also prevent unnecessary conflicts and waste of time and resources of the parties.
LEGAL CONSIDERATIONS FOR CAMEROON CONSTRUCTION CONTRACTS
Here are some of the legal considerations for Cameroon construction contracts;
- Scope of Construction Work
- Period of Completion
- Contract Sum
- Defects Liability Period and Payment of Retention Sum
- Insurance Policy
- Dispute Resolution
Cameroon construction contract law usually contains provisions for the employment of a third party as the construction manager, who is an agent of the employer. He also performs quasi-judicial decision-making functions and supervises the works. Such a construction manager is bound to act impartially. In directing relations between the employer and the contractor, the construction manager’s duty as an agent of the employer is limited by the terms of the contract and he must act independently and impartially when communicating with both of them. However, except where the provisions of the contract place limitations on the powers of the construction manager, the construction manager’s duty is absolute.
A party to a construction contractor who is aggrieved with the conduct of the third party is at liberty to resort to court in the event that the third party breaches his duty to act impartially.
Article by MAFANY victor NGANDO
“The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.”