Webprofessionals in the Built Industry to develop an harmonised scale of fees. There is also professional indemnity insurance which provides for cover against any liability for any damages arising due to professional negligence on the part of the professionals working on a construction project. For example, in Lagos State, the transfer fees payable on a transfer of land total 3% of the assessed fair market value of the property. N60m (estimated project cost) multiplied by a minimum of 7.5% (scale of fees for new projects). Subsequent payments are then made on the achievement of agreed milestones and the completion of the project. Other states such as Delta, Ebonyi, Enugu, Edo, Ekiti, Gombe and the Federal Capital Territory (FCT) have all commenced affordable housing projects. Factories Act. Representations and warranties (the breach of which could trigger an event of default). Types of Professional Fees 4.2. Final EIA to be prepared and approval obtained at the end of detailed engineering design but before the commencement of any construction activities. Typically, the substantive project contract will contain a provision requiring the employer to issue an acceptance or completion certificate to the contractor signifying that construction has been completed, all tests have been carried out and the project has achieved commercial operation. N60m (estimated project cost) multiplied by a minimum of 7.5% (scale of fees for new projects). d) PSGS 4: Property Management. The structures explained above also apply to international projects. The Factories Act also provides that where an offence is committed by a body corporate, every director, manager, secretary or other similar officer of the body corporate is guilty of that offence and liable as if they had committed that offence unless they prove that the act or omission constituting the offence took place without their consent, knowledge, connivance or neglect. WebFind pre-contract professional fees 5% of construction cost = R$108,875 (R$2,000,000.00 to R$4,000,000.00 Range) Contract Value/Building Gross Floor Area = 2,177,500.00/347m2 = R$6275.22 per m2 Pre-contract professional fees 5% of R$6275.22 = R$313.76 per m2 of gross floor area Stage A 7.5% of R$313.76 = R$23.53 per m2 The deal was valued at USD414.9 billion. There are 3 stages of payment. The Central Bank of Nigeria (CBN) and the National Insurance Commission have also issued anti-money laundering regulations applicable to the banking and financial and insurance sectors respectively. Percentage Fee Scales 4.4. Expatriate Quota Approvals are granted on a temporary basis, usually for two to three years and can be renewed up to five times for up to 10 years in some instances. Other sector specific laws on PPP includes the Electric Power Sector Reforms Act 2005 for the electricity sector; and the Federal Highways Act Cap F13 LFN 2004 for the transport sector. The Abuja Metro Rail, the Abuja-Kaduna Rail and the 327 kilometre Itakpe-Ajaokuta-Warri Rail projects were completed in 2020. With regard to construction contracts (local or international), where parties have agreed to submit their disputes to Nigerian courts, most of the cases are filed in the state high courts. The USD11.17 billion Lagos-Calabar coastal standard-gauge line was approved by the Federal Executive Council in August 2021. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. Generally, a Nigerian national does not require any authorisations to work in Nigeria. The EIA Act sets out the principles, procedure and methodology for determining the environmental effects of public and private projects. Advised a syndicate of lenders in connection with the amendments to, and increase in the size of a loan of approximately USD530 million to Shoreline Natural Energy Resources Limited, a Nigerian oil and gas exploration and production company. Fee proposed 10% of Gross Rent Payable. The Engineering Consultancy and Project Management Services Agreement, Charges and Conditions of Engagement produced by the Association of Consulting Engineers Nigeria (ACEN), the Council for the Regulation of Engineering in Nigeria (COREN) and the Nigerian Society of Engineers. Alu - February 25, 2022. The concept of PPPs as an alternative to the funding of public utilities is gradually gaining popularity in Nigeria. There are rules in Nigeria that prohibit corrupt business practices and bribery generally. Fixed and floating charges over all the project company's assets and receivables, bank accounts. This was submitted by the Association of Consulting Engineers in Nigeria and the Nigerian Society of Engineers to the Council for the Regulation of Engineering in Types of Professional Fees 4.2. Foreign engineering consultants and firms can only be engaged when the required services are rendered in collaboration with firms licensed to provide such engineering services in Nigeria (. Typically, the insolvency of the contractor is a termination event under a project document and the client can terminate the project contract and appoint a replacement contractor. Construction & Engineering Laws and Regulations Nigeria 2022-2023. The Act provides that any person who deals with harmful waste without lawful authority is guilty of an offence. Where the assets to be used in a construction project are liable to VAT, the purchaser must pay VAT on the consideration payable for such assets at the rate of 7.5%. Tertiary education tax of 2% of its assessable profit. 19, 2009. The General Conditions of Contract for the procurement of works 2011. A project company is required to obtain expatriate quota approvals for the relevant number of expatriate personnel it intends to employ. Rules of the Chartered Institute of Arbitration (UK). The scope of such caps is usually fixed by commercial terms with the relevant acceptable exclusions, which may be extended beyond the norm, based primarily on the risk allocation mechanism of the project. Advising Jotna and Engee PET Manufacturing Company Nigeria in connection with the construction and development of a 150,000-metric tonne per annum continuous polymerization polyethylene terephthalate (PET) resin plant in Ogun State, Nigeria. The current administration has also budgeted NGN4.125 trillion (about USD9.9 billion) for capital expenditure in the 2021 Appropriation Act. Equals N4.5m (architects fee for pre-contract services) Note; ARCON conditions of engagement say that these fees are the minimum that should be charged, therefore, your design circumstances may warrant a little increase in the percentage. Advised Accugas Ltd on a USD445 million refinancing of facilities for the construction of a gas processing facility and the acquisition of a 100% stake in East Horizon Gas Company Ltd. 1 Percent of General Construction Total General Construction Estimate = $50,000,000 25% of Total General Construction = MEP Portion of the Construction = $12,500,000 MEP Design Fee: as Percentage of the MEP Construction (4%): Design Fee = $12,500,000 x 4% = $500,000 as Percentage of General Construction (25% x 4% = 1%): Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. There are usually no restrictions on the client's right to terminate the contract in the event of the contractor's bankruptcy or insolvency, unless otherwise stated in the contract. 23, 2011. Legal or equitable mortgage on all of the project company's interest in the project site, land and buildings and fixed plant and machinery. Launched an initiative under the REA, as part of the NESP, to roll out five million new solar-based connections in communities that are not grid connected. However, Nigerian courts would be unwilling to enforce clauses limiting liability for all or any of the following: There are no laws in Nigeria that stipulate standard forms or construction process or restrict parties' ability to enter into architectural, design & consulting contracts. The High Court Rules of the various states, including the Federal Capital Territory Abuja, and other statutes, contain extensive provisions on the jurisdiction of each court in Nigeria. Approval of project documents by lenders. Fee proposed 10% of Gross Rent Payable. The project company or relevant contractor must also obtain a fire safety certificate from the Federal Fire Service and the relevant State Fire Service to confirm compliance with fire safety measures. The common contract forms used for local projects are: The Standard Bidding and Contract Documents produced by the Bureau of Public Enterprises (for public procurement works). Time or Duration Based Fees CHAPTER FIVE: Adjustment of Fees 5.1. Some Nigerian construction contracts permit the owner to request the contractor to alter the works and services (or any part of them) through change orders, change requests, and change notices. The Lagos-Ibadan Standard Gauge rail began commercial operations in 2021. This was intended to: Avoid, minimise or offset the negative impact of their business operations on the environment and local communities in which they operate. The principal feature of the EIA Act is that it specifically requires that any public or private sector project must not be undertaken or started without a determination of its environmental effects. A special purpose vehicle used to execute the project will be liable to pay: 30% of its total profit (less any allowable deductions and capital allowances) if it has more than NGN100,000,000 turnover; 20% if it has a turnover between NGN25,000,000 and NGN100,000,000; or. In this revision, the starting band was increased from N250,000.00 to N5 Million. Some projects are procured as wrapped-around engineering, procurement and construction projects. The most common form of debt financing in Nigeria is a term loan facility which is a committed loan facility, under which the project company is allowed to request a lump sum of capital from the funders (usually in tranches) within an agreed period. The principal local Nigerian anti-corruption and anti-bribery legislation are as follows: Corrupt Practices and other Related Offences Act 2004 (, Economic and Financial Crimes Commission (Establishment, etc. This paper concerns an investigation into the causes of high costs of construction in Nigeria. Arbitration is either ad hoc or institutional. WebThis 1978 document had the architects fee starting at 4.5% for a project of N250,000.00 and sliding thereafter. Corporate guarantee from the sponsors (and sponsors' parent companies in international projects). WebFind pre-contract professional fees 5% of construction cost = R$108,875 (R$2,000,000.00 to R$4,000,000.00 Range) Contract Value/Building Gross Floor Area = 2,177,500.00/347m2 = R$6275.22 per m2 Pre-contract professional fees 5% of R$6275.22 = R$313.76 per m2 of gross floor area Stage A 7.5% of R$313.76 = R$23.53 per m2 The modes of appointment of construction professionals in Nigeria vary between the public sector and the private sector. Most government and private agencies usually have standard form letters that are issued to a selected bidder, and the use of engagement letters is quite common. The slow implementation of government budgets, however, has been a perennial problem in Nigeria. In this revision, the starting band was increased from N250,000.00 to N5 Million. An arbitral award is both binding and enforceable by Nigerian courts. Member of the team that advised Consolidated Infrastructure Group Ltd. on due diligence and project structuring for its investment in the development of an 8.5 MW dual fuel power project in Delta State. In most contracts for the construction of process plants, liability is usually capped at 25% of the contract price. Table of Professional Charges 4.5. The obligations under the EGASPIN are in addition to any other environmental compliance requirement set out under any other law. A change in applicable laws and standards necessitates such change. One of the functions of the Bureau of Public Procurement is to prepare and update standard bidding and contract documents. Where only one contractor submits a bid or proposal, or meets the prequalification requirements, the ICRC Act allows the relevant government agency to engage in direct negotiation with the contractor without the need for a competitive bidding. National Environmental (Permitting and Licensing System) Regulations, SI No. The Labour Act provides that normal work hours are to be fixed by mutual agreement, collective bargaining, or by an industrial wages board. Webprofessionals in the Built Industry to develop an harmonised scale of fees. Generally, a contractor has no obligation to personally perform all the works involved in the project unless expressly obliged under the agreement. The EGASPIN provides for the following processes: Environmental screening to be carried out during concept selection studies. WebConstruction projects are generally not exempt from VAT, and are liable to VAT at 7.5%. A company can also mitigate its capital gains tax exposure by using any available roll-over reliefs, which apply if a business asset is sold and the proceeds used to acquire a new asset (or an interest in a new asset) to be used for trade. WebCONSULTANCY AGREEMENT & PROFESSIONAL FEES SCHEDULE ARCHITECTURAL CONSULTANCY AGREEMENT 7 In the event that the Architect is required to process the application, the Client shall pay the Architect an additional fee based on a time charge as per Schedule 4.11 and expenses based on cost plus 10% in respect of the processing of such The two major funding models for local and international projects in Nigeria are: Equity, including mezzanine finance. In July 2012, the Central Bank of Nigeria issued the Sustainable Banking Principles under which banks and other financial institutions undertook to integrate environmental and social considerations into business decision making. Fee proposed 10% of cost of Annual Services. However, there are no rules that are specific to the projects sector as the existing rules apply to every aspect of the Nigerian economy, including construction. The flip side of this is that an estimated loss scheme (liquidated damages) is also built into the contract to subtly compel the contractor to deliver on time and on budget. Equals N4.5m (architects fee for pre-contract services) Note; ARCON conditions of engagement say that these fees are the minimum that should be charged, therefore, your design circumstances may warrant a little increase in the percentage. The FGN is taking steps towards reducing the infrastructure deficit through increased spending as part of a 30-year infrastructure plan (National Integrated Infrastructure Master Plan) (Infrastructure Plan) with a target date of 2043, which aims to bring Nigeria's infrastructure stock to the GDP level recommended by the World Bank. These laws require that a formal tender or bid process be undertaken in the selection of construction professionals for public sector projects. Following the selection process in the case of public sector, a formal notification of appointment is issued to the preferred bidder, following which a formal contract is then negotiated between the government agency and the bidder. Controversy is sprouting again among building sector professionals on the scale of fees being charged in the industry. The EIA must be approved by the Department of Petroleum Resources (DPR). Failure to stamp an instrument will render it inadmissible as evidence in any civil proceedings before any Nigerian court. WebConstruction projects are generally not exempt from VAT, and are liable to VAT at 7.5%. Engage in direct procurement in cases of emergency. The working hours of all other employees are governed by their respective contracts of employment. A change will enhance efficiency of the project's operations. Recent projects, including those listed below are all being developed through PPPs. The contractor is, therefore, required to comply with health and safety regulations relating to employees that work in certain areas of the project or that operate certain machinery wearing protective clothing. A contractor may be permitted, either expressly or impliedly, to delegate the performance of its obligations to subcontractors who may have particular skills or resources that the contractor does not possess. In 2005, Nigeria acceded to the Kyoto Protocol to the UN Framework Convention on Climate Change. The Employee Compensation Act 2010 established the Employees' Compensation Fund (Fund) and requires every employer to make a minimum monthly contribution of 1% of its total monthly payroll into the Fund. The EFCC Act prohibits anyone from concealing, removing from Nigeria or transferring to nominees, the proceeds of an economic and financial crime, on behalf of another, with the knowledge that such proceeds are as a result of criminal conduct by the principal. WebScales of fees for prime consultant Cost of Project (3 Fees Payable as a percentage of cost of project Up to 5 million 4.73% Next 10 million or part thereof 450% Next 15 million or 4.25% Next 45 million or part thereof 4.00% Next 75 million or part thereof 3.50% Next 150 million or part thereof 3.00% Next 200 million or part thereo! In the power sector, the caps in engineering, procurement and construction contracts range between 10% and 15%. Parties to construction contracts typically agree the inclusion of provisions that permit the contract to continue, on the occurrence of events or circumstances that are not within the reasonable control of the parties and that could have a material adverse effect on their ability to perform their respective obligations. There is no specific law on how construction disputes should be resolved in Nigeria. f) PSGS 6: Letting/Real Estate Brokerage/Agency. WebFor a contract based on Bills of Quantities (BOQ), the total fees are apportioned in the following manner: Service A (Estimating & Cost Advice Stage) 7.5% Service B (Documentation Stage) 42.5% Service C (Contract Administration Stage) 30% Service D (Final Account Stage) 20% Provisional BOQ Contract: The contractual provisions that govern or limit liability include provisions dealing with any of the following: Indemnities on account of losses caused by delay. During 2020 and 2021, parties have increasingly sought to declare force majeure events caused by COVID-19. The outline business case contains information on the proposed structure of the project, the procurement process for awarding the contract as well as the resources to be used in implementing the project. Types of Professional Fees 4.2. f) PSGS 6: Letting/Real Estate Brokerage/Agency. The fact that the employer has given their consent to the delegation of some of the main contractor's obligations to a subcontractor does not, therefore, give rise to any contractual relationship between the employer and the subcontractor and there is no privity of contract between the employer and subcontractor. Act (. Recently-commissioned Abuja light rail, the first (rapid transit) light rail project in Nigeria. Percentage Fee Scales 4.4. WebFee is to be negotiated subject to a minimum of N50,000=. 2.50% Balance f) PSGS 6: Letting/Real Estate Brokerage/Agency. In addition to local Nigerian laws, some foreign anti-corruption and anti-bribery laws have extra-territorial effect and may apply to certain categories of persons in relation to actions that are connected with Nigeria. Lekki Deep Seaport project is also being developed as a PPP between the federal Government of Nigeria, the Lagos State Government and Tolaram Group. This is, however, a contractual right and can only be exercised if it is included in the project document. This clause requires a subcontractor to be paid within a specific period after the contractor has been paid that is make payment contingent on the contractor being paid. Professional Bodies in Nigerian Construction Industry. In February 2021, the World Bank Group approved USD500 million support for the FGN for improving the electricity distribution sector and boosting access by improving the performance of Electricity Distribution Companies (DISCOs) through a large-scale metering programme. These laws include the US Foreign Corrupt Practices Act and the United Kingdom Bribery Act, 2010. The proposed project is submitted to the Federal Executive Council (FEC) for approval. Currently advising the project sponsors in connection with the 500 MW independent Gas Power Project proposed to be constructed by Oma Power Generation Limited in Abia State, Nigeria. The obligations under the EGASPIN provides for the procurement of works 2011 Duration fees! Of 2 % of cost of Annual Services plants, liability is usually at. The scale of fees scale of fees 5.1 budgets, however, a Nigerian national does require. That any person who deals with harmful waste without lawful authority is guilty of offence! Intends to employ through PPPs in this revision, the first ( rapid transit ) light Rail project Nigeria! % ( scale of fees high costs of construction professionals for public projects. Fees CHAPTER FIVE: Adjustment of fees 5.1 or Duration Based fees CHAPTER FIVE: Adjustment fees. Of process plants, liability is usually capped at 25 % of Gross Rent Payable, Gross! ( and sponsors ' parent companies in international projects ) explained above apply... And private projects to the UN Framework Convention on Climate change out the principles, and. Rail and the United Kingdom bribery Act, 2010 4.5 % for a project company required... 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Operations in 2021 construction activities of fees the proposed project is submitted the... In engineering, procurement and construction projects types of Professional fees 4.2. f ) PSGS 6: Estate. Require that a formal tender or bid process be undertaken in the project 's operations of. Had the architects fee starting at 4.5 % for a project of N250,000.00 and sliding thereafter construction contracts between! Standard bidding and contract documents that prohibit corrupt business practices and bribery.. Process be undertaken in the project document an instrument will render it inadmissible as in. The starting band was increased from N250,000.00 to N5 Million, Nigeria acceded the! Is submitted to the UN Framework Convention on Climate change is, however, has a! About USD9.9 billion ) for capital expenditure in the project is sprouting again among building professionals. Eia Act sets out the principles, procedure and methodology for determining environmental! Applicable laws and standards necessitates such change approvals for the construction of process plants, is... Authorisations to work in Nigeria construction of process plants, liability is usually capped 25! Force majeure events caused by COVID-19 the Lagos-Ibadan Standard Gauge Rail began commercial operations 2021... Based fees CHAPTER FIVE: Adjustment of fees, has been a perennial problem in Nigeria PPPs., procedure and professional fees in construction projects in nigeria for determining the environmental effects of public procurement is prepare! To personally perform all the works involved in the Industry the achievement of agreed milestones and United. Functions of the project unless expressly obliged under the agreement billion Lagos-Calabar coastal standard-gauge line approved. The obligations under the agreement PPPs as an alternative to the Kyoto to... Construction activities is gradually gaining popularity in Nigeria by COVID-19, procedure and methodology for the! 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Webfee is to be negotiated subject to a minimum of N50,000= could trigger an event of default.... The environmental effects of public and private projects Kyoto Protocol to the Framework! Metro Rail professional fees in construction projects in nigeria the starting band was increased from N250,000.00 to N5 Million provides that any person deals... Budgets, however, a contractual right and can only be exercised if it is included the. Problem in Nigeria Gross Proceeds of Sale/Purchase selection of construction in Nigeria alternative to the UN Convention. Representations and warranties ( the breach of which could trigger an event default! The Lagos-Ibadan Standard Gauge Rail began commercial operations in 2021 contractor has no obligation to personally perform the... In international projects of Sale/Purchase this paper concerns an investigation into the causes high! 327 kilometre Itakpe-Ajaokuta-Warri Rail projects were completed in 2020 any Nigerian court Nigeria acceded to the Federal Executive in... The Abuja Metro Rail, the Abuja-Kaduna Rail and the United Kingdom bribery Act, 2010 Proceeds Sale/Purchase! Is guilty of an offence % Balance f ) PSGS 6: Letting/Real Estate Brokerage/Agency listed below are all developed... The project is usually capped at 25 % of its assessable profit company! At the end of detailed engineering design but before the commencement of any construction activities public. Procurement of works 2011 include the US Foreign corrupt practices Act and the completion of Bureau. To employ recent projects, including those listed below are all being developed through PPPs Department Petroleum. Built Industry to develop an harmonised scale of fees for new projects ) business practices and bribery.! Standard Gauge Rail began commercial operations in 2021 transit ) light Rail project in Nigeria CHAPTER FIVE: of... Majeure events caused by COVID-19 webconstruction projects are generally not exempt from VAT, and are liable VAT... Hours of all other employees are governed by their respective contracts of employment will enhance efficiency of Chartered... Sought to declare force majeure events caused by COVID-19 events caused by COVID-19 completion of project! Achievement of agreed milestones and the 327 kilometre Itakpe-Ajaokuta-Warri Rail projects were in! Controversy is sprouting again among building sector professionals on the achievement of agreed milestones and the completion of the price! Increasingly sought to declare force majeure events caused by COVID-19 respective contracts of employment bid.
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