ADVOKS GLOBAL · KENYA
Engineers (Scale of Fees for Professional Engineering Services) Rules
23. Determination of scale fees
Edition: 2022-12-31 · In force
23. Determination of scale fees
(1)The following factors may be taken into considering when determining the fees for professional engineering services—(b)monetary value of the works;(c)the duration of the project;(d)the level of risk and responsibility;(e)the level of skills, experience and expertise required;(f)the technology required;(g)any duplication of works;(h)the client requirements; and(i)the scope of the project.(2)Subject to the factors in subrule(1), the client and engineer or firm shall agree on the applicable fees at the time of the engagement of the engineer or firm or as soon as possible thereafter, but in all cases prior to the engineer or firm rendering any services to the client.(3)Where the standard professional engineering services required on a project relate to more than one engineering discipline, a separate fee for the services in each discipline shall be agreed on between the client and engineer or firm.(4)The fees for services shall be set out in writing in the agreement between the client and the engineer or firm and agreed on in any of the following ways—(a)percentage fee based on the cost of works or cost of the project;(b)fees for additional professional engineering services in addition to fees charged for the standard professional engineering services;(c)time-based fees calculated in man-hours or man-months; or(d)reimbursable expenses.(5)In a case where the scope of works is uncertain, the fees shall be based on time and reimbursable expenses.(6)In the case where the location, size and nature of the works has been previously defined through previous investigations that have formed part of the client’s normal practise or have been the subject of previous separate engagements paid for on a time and cost basis, the fees may be determined using schedules based on the cost of the works or cost of the project(7)In the case where the application of schedules under subrule (6) would not be appropriate, the fees may be determined as time- based.