Dispute Resolution in the Construction Sector in Mauritius

Construction disputes in Mauritius typically arise from payment disputes, defective works, delay claims, variation claims, and termination of building contracts. The legal framework provides several resolution mechanisms.

Contractual Dispute Resolution

Most standard form building contracts used in Mauritius include a tiered dispute resolution clause, commencing with negotiation between senior representatives of the parties. Where negotiation fails, mediation may be pursued through the Mauritius Mediation Centre, established under the Mediation Act 2004. Section 3 of the Mediation Act 2004 provides that a mediated settlement agreement is binding and enforceable as a contract.

Arbitration

The LCIA-MIAC handles construction arbitrations seated in Mauritius. The International Arbitration Act 2008 provides the procedural framework. In Rostruct Africa Ltd v Geosond Holding AG [2015] SCJ 399, the Supreme Court considered the scope of an arbitration clause in a construction contract, holding that the clause extended to disputes arising out of or in connection with the contract, including claims for delay and defective works.

Litigation

The Supreme Court of Mauritius has jurisdiction over construction disputes. The court may appoint expert assessors to assist with technical matters under Order 38 of the Supreme Court Rules.

Legislation

The Building Control Act 1995 regulates building works and requires compliance with approved plans and standards. The Construction Industry Development Board Act 2005 establishes the CIDB, responsible for the registration and regulation of construction professionals and contractors.

Limitation

Section 22 of the Limitation Act 1985 provides a limitation period of ten years for actions founded on a simple contract. For building defects, the limitation period runs from the date the defect becomes reasonably discoverable.

Practical Guidance

Parties should ensure that contemporaneous records are maintained, contractual notice provisions are complied with strictly, expert evidence on quantum and delay is obtained early, and the limitation period is diarised.

This article is for general information purposes only and does not constitute legal advice.