Another right of the client is to take physical possession of and secure the site. 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%): Professional fees in building projects Structural engineering fees Rp200,000 to Rp 300,000 per square metre MEP (mechanical, electrical and plumbing) design fees Rp120,000 per square metre Quantity Surveyors fees Rp60,000 per square metre Section 2(i), part 2 of the Manual makes detailed provisions on fire safety, protection, evacuation, first responders and emergency planning. The deal was valued at USD414.9 billion. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. The most heavily negotiated provisions are those relating to the contractor's liability in specific events of default. d) PSGS 4: Property Management. 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). It also contains information on the legal, financial, environmental and technical aspects of the proposed project. 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. Time or Duration Based Fees CHAPTER FIVE: Adjustment of Fees 5.1. For projects in the public sector, parties are mandatorily required to comply with procurement rules and regulations. Legal or equitable mortgage on all of the project company's interest in the project site, land and buildings and fixed plant and machinery. Act (. Controversy is sprouting again among building sector professionals on the scale of fees being charged in the industry. Assignment of rights in the project documents, insurance policies, hedging arrangements, future and present undertaking, and so on. The slow implementation of government budgets, however, has been a perennial problem in Nigeria. Advising a leading Nigerian broadband communication solution integrator on the financing of fibre optic cables and the restructuring of existing debt; Advising IFC in connection with the proposed facilities of up to USD325 million to a liquefied natural gas company in Nigeria. Act (. The project company usually has no assets other than the project and will be the borrower under the financing agreements and a party to the project agreements. Arbitration is either ad hoc or institutional. Various states in Nigeria have also passed laws regulating PPP projects in their states. Percentage Fee Scales 4.4. The provisions that commonly govern contract variations are those that regulate issuing change orders or additional work. Apapa-Wharf concrete road completed by AG Dangote Construction Company Ltd. Construction of the Lekki Deep Sea Port (. Despite the impact of the pandemic that led to a significant decline of construction activities, the industry was forecast to be one of the lead drivers of the Nigerian economy in 2021. Where there is a third party with an interest in the project, it is standard practice for the consultants to be required to provide specific collateral warranties in favour of the third party. 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 are 3 stages of payment. The parties must also ensure that the service is not being carried on illegally and must comply with local content requirements set out in either regulations or executive orders made by the President of Nigeria. The NESREA has primary responsibility of enforcing compliance with laws, guidelines, policies and standards on environmental matters in Nigeria, such as water quality, noise, ozone protection, air and atmospheric protection and has issued various regulations on compliance requirements. Draft EIA to be carried out and a report submitted to the DRP at the end of the project conceptual design and will form the basis for approval by the DPR of the detailed engineering design. Cost is a vital element in every development. 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 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. It is usual for parties to agree a period beyond which the contract will be terminated on account of the subsistence of a force majeure event. The MDA sends out an invitation for bids from interested private sector developers. Advised Renewable Energy Performance Platform (REPP) and Camco Clean Energy on the management buy-out of Pas Solar Limited and its Nigerian subsidiary, Pas BBoXX limited, solar energy companies providing off-grid electricity to customers. There are various mechanisms available to Nigerian companies for mitigating taxes, depending on the nature of the transaction and the project. In addition, if the sponsors are executing a project for a government entity this may require the sponsors to adopt a selection process that complies with the PPA. N60m (estimated project cost) multiplied by a minimum of 7.5% (scale of fees for new projects). Fee proposed 10% of cost of Annual Services. Advised NG Power-HPS Limited in connection with the acquisition of majority shares in First Independent Power Limited. Corporate guarantee from the sponsors (and sponsors' parent companies in international projects). One which promotes competition, economy and efficiency. An EIA must be undertaken where the extent, nature or location of a proposed project or activity is likely to have a significant effect on the environment. f) PSGS 6: Letting/Real Estate Brokerage/Agency. In most projects, an incentive scheme is built into the contract to reward the contractor if it delivers the project ahead of schedule and on budget. The Federal Government of Nigeria (FGN) is committed to growing the infrastructure industry including modernising and expanding the existing power production capacities in the country, both on-grid and off-grid. Percentage Fee Scales 4.4. Contracts can also include clear definitions of the standard of performance expected and penalties for not meeting the standard. In practice, an eight to nine-hour working day is the norm. In the power sector, the caps in engineering, procurement and construction contracts range between 10% and 15%. National Environmental (Standards for Telecommunications and Broadcast Facilities) Regulations, SI No. Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. There are rules in Nigeria that prohibit corrupt business practices and bribery generally. Professional Bodies in Nigerian Construction Industry. Fee proposed 10% of Gross Rent Payable. The funders may decide to call for the performance bond or take out the parent company guarantee provided by the contractor where such exists. WebThis 1978 document had the architects fee starting at 4.5% for a project of N250,000.00 and sliding thereafter. Harmful Waste (Special Criminal Provisions, etc.) High debt-servicing costs and low tax revenue also left little scope for fiscal spending and new public projects. A foreign contractor that will be executing a project in Nigeria must incorporate a local subsidiary in Nigeria through which it will implement and carry out the construction contract (. 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. Under Nigerian law, exclusion of liability is typically achieved through limitation of liability clauses. Both equity and debt financing will typically be used in the same project usually at a ratio of 70% debt to 30% equity. It is common for a tender process to be carried out or for qualified professionals to be invited to submit bids or proposals in relation to private 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. Basis of Professional Charges for Consulting Services 4.3. Professional Bodies in Nigerian Construction Industry. 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. 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. Other debt funding arrangements include overdraft facility, revolving credit facility, debt capital markets and letters of credit. 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. Escrow arrangements whereby contract prices are paid into escrow accounts held by third party banks or financial institutions for release on specified conditions also operate as a form of payment security for the contractor. This Scale was used for the next 14 years until 1992 when it was revised. In Lagos State, under the Construction Workers Safety Law (. It also includes provisions on the bidding process, bid security, evaluation of bids. Professional bodies are formed as an association of professionals which enhance, control, and regulate the activities of its members. 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 WebThis 1978 document had the architects fee starting at 4.5% for a project of N250,000.00 and sliding thereafter. During 2020 and 2021, parties have increasingly sought to declare force majeure events caused by COVID-19. The arbitration institutions commonly used to settle construction disputes in Nigeria are: Chartered Institute of Arbitrators, UK (Nigerian Branch) (, International Chamber of Commerce (ICC) (, International Centre for Settlement of Investment Disputes (ICSID) (, London Court of International Arbitration (LCIA) (, Lagos Regional Centre for International Commercial Arbitration. The project is currently at the pre-engineering state which is estimated to be completed in 10 months. Rules of the Chartered Institute of Arbitration (UK). 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