AGADVOKS GLOBALKENYA · ENGLISH
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Engineers (Scale of Fees for Professional Engineering Services) Rules

10. Contract administration stage

Edition: 2022-12-31 · In force

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10. Contract administration stage

(1)The professional engineering services offered by an engineer or a firm at the contract administration stage include—
(a)witnessing the site handover;
(b)issuing project documentation in accordance with the documentation schedule;
(c)examining and approving the contractor’s proposals and working drawings relating to the works;
(d)carrying out contract administration procedures in terms of the contract;
(e)attending site, technical and progress meetings;
(f)inspecting works for conformity with the contract;
(g)witnessing and reviewing inspections, tests and mock-ups carried out on-site and off-site;
(h)preparing schedules of predicted cash flow and proactive estimates of proposed variations for client decision-making;
(i)maintaining roper and accurate records of site activities;
(j)advising the client on special inspections and the appointment of site staff;
(k)preparing any further designs and drawings relating to the works;
(l)establishing and maintaining a financial control system;
(m)making such visits to the site as may be necessary to ascertain the performance of site staff and that the works are executed generally according to contract or in accordance with good engineering practice;
(n)giving all necessary instructions relating to the works to the contractor;
(o)preparing and issuing all certificates as may be required in the contract;
(p)performing any duties which the engineer or firm may be required to perform under any document that the engineer or firm has prepared for the execution of the works;
(q)preparing or approving the as-built record, as necessary;
(r)adjudicating and resolving contractual or financial claims by the contractor;
(s)delivering to the client such records and manufacturer’s manuals, guarantee certificates and warranties as are reasonably necessary to enable the client to operate and maintain the works on completion;
(t)inspecting the works and issuing practical completion and defects lists;
(u)arranging for the delivery of all test certificates including electrical certificates of compliance, statutory and other approvals, as-built drawings and operating manuals; and
(v)deciding any dispute or difference arising between the client and the contractor in connection with the works and submitted to the engineer or firm for determination:
Provided that the engineer or firm shall not be responsible for advising the client if the client takes any steps in or towards any arbitration or litigation in connection with the works.
(2)Key deliverables during the contract administration and construction stage include—
(a)construction documentation and schedules of predicted cash flow;
(b)contract instructions;
(c)estimates for proposed variations and variations for payment certificates;
(d)minutes of site meetings;
(e)progress reports;
(f)project completion report;
(g)defects list;
(h)certificates of compliance; and
(i)financial control reports.
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Source: Kenya Law