JUDGMENT
On 8th May 2007, the appellant and the respondent entered into a “Construction Contract Agreement” for the construction on LR Numbers 209/6265 and 6266 of the works therein specified in accordance with the drawings prepared by the Architects (M/s. Shamla Fernandes Architect) and bills of quantities prepared by the Contractors (the respondents herein), both showing and describing the Works to be done, for the contract sum of KShs. 143,028,729.
Subsequently, the appellant and the respondent entered into a second Construction Contract Agreement dated 3rd December 2007 for “completion and finishing of the hotel structure” constituting the works referred to in the 8th May 2007 agreement. Clause 15.1 of the Construction Contract Agreement made on 3rd December 2007 provides:
“When in the opinion of the Architect the Works are substantially completed, he shall forthwith issue a certificate to that effect and Substantial Completion of the Works shall be deemed for all the purposes of thi…