JUDGMENT OF THE COURT
1. By a building contract dated 2nd May, 2012 the respondent was engaged as a contractor to extensively develop the appellant’s (employer) parcel described as L.R No. 24605/4 situated at Mavoko for a consideration of Kshs.1,300,000,000. The terms and conditions governing the parties’ relationship were set out in the contract.
2. Of relevance to this appeal was that the commencement date of the project works which was 1st June, 2012 while the completion date was scheduled as 15th May, 2014. The respondent was to periodically make applications for payment of work done by furnishing the quantity surveyor, Getso Consultants Limited with details of the work done, materials on site and amount it considered itself entitled to. The quantity surveyor was required upon receipt of the application to verify the amount claimed, prepare an interim valuation of the work so far done and materials on site and forward the same to the project architect, Blink Studio Limited. The arch…