ADVOKS GLOBAL · KENYA
Engineers (Scale of Fees for Professional Engineering Services) Rules
29. Services provided partially or in stages
Edition: 2022-12-31 · In force
29. Services provided partially or in stages
(1)For the purpose of this rule—"cost of works" means the fair estimate amount or value of the works at the onset inclusive of value added tax and all applicable taxes, as certified or which would, normally, be certifiable for payment to contractors (irrespective of who actually carries out the works) in respect of the works designed, specified or administered by the professional engineer, before deduction of liquidated damages or penalties, including—(a)escalation, assuming continuity of the project through to completion where delays occur in the project cycle the client and the professional engineer should come to an agreement on the escalation that will be applicable to various stages of services;(b)a pro rata portion of all preliminary and general items applicable to the works; and(c)the cost of new materials, goods or equipment, or a fair valuation of any labour, of such material, goods or equipment as if new whether supplied new or otherwise by, or to, the client and including the cost or a fair evaluation of the cost of installation, but does not include—(i)administration expenses incurred by the client;(ii)costs incurred by the client under the agreement between the client and the professional engineer for professional engineering services for the works;(iii)salaries, travelling, out of pocket and office expenses of resident site staff, unless the works are carried out by direct labour;(iv)interest on capital during construction, and cost of raising moneys required for carrying out the construction of the works;(v)cost of land and way leaves;(vi)external services designed, documented and supervised by others including power and water authority mains; and"cost of the project" means all costs of all elements of the project including value added tax.(2)The fees for professional services rendered over more than one stage of a project shall be apportioned in accordance with the Fourteenth Schedule.(3)Notwithstanding subrule (2), the percentage used shall be adjusted for each stage through negotiation based on the work involved in each stage, the value added in each stage and any commercial considerations.(4)Interim payments shall be calculated on basis of the cost of works or any portion thereof or the cost of the project, but before allowing for any modifications to the design by the client after approval.(5)For the purpose of calculating fees for interim payments under subrule (4) for design stage services, the cost of works or cost of the project shall be the professional engineers’ reasonable estimate of the value of the works designed after deducting contingency sums and provisional sums.(6)Where not all the stages of the standard professional engineering services are provided for by the professional engineer, the fee is, subject to rule 26, calculated as a percentage of the total fees calculated under this rule, which percentage is the sum of the percentage points appropriate to each stage as set out in the Fifteenth Schedule or Sixteenth Schedule for the respective stages of the project.(7)Where the professional engineer is be required to conduct supervision during implementation of the project, the fees charged shall be time-based.