ADVOKS GLOBAL · KENYA
Engineers (Scale of Fees for Professional Engineering Services) Rules
37. Payment following termination or suspension by the client
Edition: 2022-12-31 · In force
37. Payment following termination or suspension by the client
(1)If the works or engineer’s or firm’s services are terminated or suspended by the client, except where the termination or suspension is due to the engineer’s or firm’s default or negligence, the engineer or firm shall be paid the following sums, which sums shall not include the amount of payments previously made to the engineer or firm—(a)a sum deducible from the stage of professional services completed at the time of termination or suspension in accordance with rule 28;(b)a disruption charge equal to one-sixth of the difference between the sum, which would have been payable to the engineer or firm under rule 25 (2) or (3) based on the nature of works, whichever may be applicable:Provided that the professional services have advanced beyond the preliminary stage; and(c)amounts due to the engineer or firm under Parts IV and V.(2)If the engineer or firm is required to recommence professional services after a suspension by the client, the engineer or firm shall be paid for the performance the professional services the sum payable to the engineer or firm under rule 26 (2) or (3), whichever may be applicable, and any payments under subrule (1) (a) or (c) of this rule shall be treated as payments on account:Provided that the engineer or firm shall retain as an additional payment the disruption charge referred to in subrule (1) (b).(3)If tendering for the works or any part thereof is, or is likely to be, delayed for more than nine months or postponed at the request of the client, then for the purpose of computing the fee to be paid to the engineer or firm for professional services, the applicable cost of the works shall be the estimated cost of the works or any relevant part of them at the time of completion of the designs.(4)If the works are suspended or postponed after the tenders have been called, the fees payable to the engineer or firm shall be as follows—(a)for the inception stage, preliminary design stage, detailed design stage and tender stage, the fees shall be computed on the lowest acceptable tender:Provided that if no acceptable tender is received, then the fees shall be computed on the estimate made by the engineer or firm of the cost of the works at the date of calling for tenders;(b)if the works subsequently resume and the tenders are recalled, the total fees payable to the professional engineer, which shall include the fees paid under subrule (2), shall be as follows—(i)for the inception stage, preliminary design stage, detailed design stage and tender stage, the fees shall be computed in accordance with subrule (2); and(ii)for the contract administration and construction stage, the fees shall be computed on the final contract sum of the works at the time of the completion of the works.(5)If the engineer or firm is required to perform any additional services in connection with the resumption of professional services under this rule, the engineer or firm shall be paid for the performance of the additional professional services on a time basis in accordance with rule 13 and any appropriate reimbursements in accordance with rule 31.