1. The escrow account
Funds are held in a regulated trust account at a partner law firm in Accra. The account is opened in your name as beneficiary, not in the name of Toivo Investment. The law firm acts as escrow administrator and is regulated by the General Legal Council of Ghana.
Toivo Investment is added as a co-signatory exclusively for the purpose of authorising release against agreed milestones. We have no power to withdraw funds for any other purpose, and no power at all if our signatory rights are revoked (see section 7).
2. How funds release
On an investment acquisition, funds release only against the Lands Commission registration of title transfer and the signed independent legal opinion. There is one release event, not a schedule.
On a construction project, funds release against a signed milestone certificate from the independent supervising engineer you appoint at the start of the project. The supervising engineer is paid directly by you (typically 2 – 3% of construction cost) and reports to you, not to T.I. We see the same certificate the escrow agent sees.
No certificate, no release. If a dispute arises about whether a milestone has been met, see section 6.
3. Sample milestone schedule
The schedule below is a typical disbursement profile for a 4-bedroom residential build. The final schedule is tailored to the project at the contract stage, signed by you, and filed with the escrow administrator.
Mobilisation
Released on signed contract and filed building permit. Funds site set-up, hoarding, initial materials order.
Foundation
Released after the supervising engineer signs off the foundation pour and reinforcement schedule.
Superstructure
Slab, frame, and roof structure complete. Visible from the street; photographed and certified.
Envelope & first fix
Walls, plumbing first fix, electrical first fix, roofing complete. Building is weather-tight.
Finishes
Tiling, joinery, sanitaryware, paint, landscaping. Second fix complete.
Retention
Held in escrow for 60 days after handover. Released only when the snag list closes with no outstanding items.
4. Retention & defects
A 5% retention is held in escrow for 60 days after handover, the statutory defects-liability period under our standard contract. Anything that fails inside that window — leaks, electrical, finishes, joinery — is rectified at T.I’s cost before the retention is released.
If a defect is identified after the 60-day window, structural and waterproofing items remain covered for 24 months under our subcontractor warranties. Cosmetic items are not covered past the defects period.
5. Variations & change orders
The fixed-price contract you sign at week 14 is the baseline. If you change the scope after that point, the cost implication is priced by the independent quantity surveyor, signed by you, and filed with the escrow administrator before the work proceeds.
Material substitutions driven by import disruption or supply shortage are flagged in the weekly report and priced before any substitution is accepted. Weather delays do not generate a cost variation but extend the schedule; the contingency is declared upfront in the bill of quantities.
6. Disputes
If you believe a milestone has not been met but T.I has requested release, the supervising engineer’s certificate is determinative. If you dispute the supervising engineer’s certificate itself, the escrow administrator will withhold the release until the dispute is resolved between you, T.I, and the engineer.
Unresolved disputes are referred to arbitration in Accra under the Ghana Arbitration Centre rules. Our standard contract includes the relevant clause.
7. Withdrawing T.I as signatory
You can revoke our co-signatory status at any time, in writing to the escrow administrator. We are notified, the account remains open in your name, and any work in progress is closed out under the terms of the construction contract.
This is a deliberate design feature. Your money never stops being yours, and your control over it is never lost.