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Malaba-Busia-Bugiri Road,
Uganda |
The EU funded the
rehabilitation of a section of Malaba-Busia-Bugiri Road, part
one of the two principal links with Kenya. This included extensive
carriageway widening, reconstruction and resurfacing
works.
After the handing over of a
38km section of the highway, severe rutting and deformation of the
surface was observed.
A claim for the
rectification of the damage under the CAR policy was repudiated; the
Insurer alleging the problem resulted from defective design and/or
materials.
ICC reviewed the case and
demonstrated that repudiation based on defective design was
invalid. We also advised the Contractor on taking the matter
to arbitration. |