What would changing the defect liability period mean for Ghanaian road contracts, contractors and public investment?
A proposed shift in contractual accountability
Ghana’s Roads and Highways Minister, Governs Kwame Agbodza, says the one-year defect liability period used in road contracts should be changed. He made the remarks during an inspection of ongoing works on the Accra-Kumasi N6 highway on Tuesday, Sept 29. The minister said he was discussing the change with the ministers of Finance and Works and Housing, but the statement did not set out a new period or confirm that a revised rule had been adopted. The policy direction is nevertheless significant for procurement because it would extend the point at which a contractor or consultant may remain responsible for defects after a project has been completed and put into use.
How a defect liability period works
A defect liability period is a contractual window after completion in which defects linked to the works can be raised with the contractor, subject to the contract’s terms and the evidence available. Under the practice described by the minister, that period ends after one year. Agbodza argued that this is difficult to reconcile with a road intended to last 30 years, particularly when public funds have already been spent. Extending the period would not automatically establish that every later failure was caused by poor construction. It would instead keep a contractual route open for examining and remedying defects for longer, with the precise responsibilities to be defined in procurement documents.
The proposed case for public value
Agbodza said a longer liability period could protect public investment and give contractors a stronger incentive to deliver durable, high-quality works. He linked the proposal to closer supervision, enforcement of project specifications and efforts to address mistakes found during construction. The minister also said the government had confidence in Ghanaian engineers and contractors and was relying on local expertise to build roads to international standards. In procurement terms, the change could alter how bidders assess design, materials, construction methods, quality assurance and the financial exposure associated with later defects. It could also make clear in each tender how defects will be identified, notified and corrected.
Details still matter for competition
The minister’s statement gives the policy rationale but not the proposed duration, the contracts that would be covered or how the change would apply to projects already under way. Those details would matter to both procuring authorities and bidders. A longer period may support durability and value for money, but tender conditions would need to state the allocation of risk clearly so that firms can price and manage it consistently. The source does not report a final decision, a new standard clause or any finding against a particular contractor or consultant. Agbodza said the ministry would continue monitoring construction and enforcing specifications while seeking greater accountability beyond the current one-year period.
IN NUMBERS
The minister’s remarks point towards a possible redesign of post-completion responsibility in Ghana’s road procurement. The practical test will be how any change is written into contracts, applied to projects and balanced with clear, fair conditions for competition.
Reported from myjoyonline.com, 2026-09-30. The Tender Wire is published by Otnox.
