DEPARTMENT OF ARCHITECTURE

SCHOOL OF ENVIRONMENTAL TECHNOLOGY

FEDERAL UNIVERSITY OF TECHNOLOGY,

AKURE, ONDO STATE, NIGERIA.

A TERM PAPER

ON

CONSULTANTS IN THE BUILDING INDUSTRY IN NIGERIA

BY

OKORONKWO AUSTIN UNOMA

ARC. 12/2854

SUBMITTED TO

PROF. OGUNSOTE O.

IN PARTIAL FULFILMENT OF THE COURSE

ARC 807-PROFESSIONAL PRACTICE AND PROCEDURE

JUNE, 2013.

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TABLE OF CONTENTSIntroduction 3

Prime Consultant in the building industry 3

Specialist consultant in the building industry 3

Appointment of a consultant 3

Prime consultant (Architect) Remuneration 4

Normal service 4

Partial Service 4

Reimbursable Expenses 4

Method of payment

Commencement of service

6 Delay to consultant service

6 Care, Diligence and responsibility

7

Incapacity of consultants 7

Consultant Responsibility 8

Scope of Professional service for Consultant Architect 9

Project Management 10

Other consultants In the construction industry 10

Civil / Structural Engineer Scope of service 11

Scope of Service for Quantity Surveyor 12

Scope of service of the Estate Surveyor/Valuer 14

Scope Of professional Service for a Town Planner 15

Scope of Professional service for a Builder 16

Project Management for all category of consultants 18

Scale of Fees for project management 18

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Reimbursable expenses for all category of consultant in the construction industry 18

INTRODUCTION A consultant is usually an expert or a professional in a

specific field and has a wide knowledge of the subject matter.

Internal Consultant - someone who operates within an organization but is available to be consulted on areas of specialism by other departments or individuals (acting as clients); or

External Consultant - someone who is employed externally (either by a firm or some other agency) whose expertise is provided on a temporary basis, usually for a fee. As such this type of consultant generally engages with multiple and changing clients.

The overall impact of a consultant is that clients have access to deeper levels of

expertise than would be feasible for them to retain in-house, and may purchase

only as much service from the outside consultant as desired.

PRIME CONSULTANT IN BUILDING INDUSTRY. This shall mean the

Architect who is the Team Leader on building projects. He initiates, conceives and

produces the Architectural Design, coordinates the input of other consultants and

manages the project.

SPECIALIST CONSULTANT IN BUILDING INDUSTRY This shall mean consultant in Civil Engineering, Structural Engineering, Mechanical and Electrical Engineering, Quantity Surveying, Town Planning, and any other professional discipline relevant to the project other than Architecture.

APPOINTMENT OF CONSULTANT

The Employer appoints the Consultant and the Consultant agrees to act as

Consultant in connection with the Project upon the terms and conditions and scale

of professional charges hereinafter set forth.

SCOPE OF SERVICES

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The Consultant shall undertake the responsibilities and provide the services

described in the First Schedule annexed hereto as hereinafter:

PRIME CONSULTANTS (ARCHITECT) REMUNERATION THE NORMAL SERVICE

For the performance of the services described the Consultant shall

be paid in accordance with the Scale of Fees laid down by the Government and

Published under the title "Consultancy Fees Payable by the Public Sector" as in the

Second Schedule annexed hereto.

The total fee payable to the Consultant will be based upon an estimated total Cost

of the Project.PARTIAL SERVICE

For the performance of the services which is not the normal service the Consultant

shall be paid in accordance with the Scales of Fees in the Second Schedule.

The total fee payable to the Consultant will be based upon an estimated Total Cost

of the Project

REIMBURSABLE EXPENSES

The Consultant shall be reimbursed by the Employer for all expenses actually and

properly incurred in respect of items listed in the Fourth Schedule annexed hereto

upon presentation of detailed invoices with supporting receipts where practicable

subject to a provisional sum not exceeding such sum may not be exceeded without

the authority of the Employer.

METHOD O F PAYMENT

All sums due to the Consultant under the conditions of engagement shall be paid

in Nigerian Naira

Fees shall become due as follows:

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DESIGN STAGE 1(DS I)

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Phase 1 15% as initial payment on issuance of letter of Commission and instruction to proceed with the appraisal, programming and project definition (Commitment Fee)

Phase 2 20% as payment for Concept Design.

DESIGN STAGE II (DS II)Phase 3 25% as payment for Coordinated Detail Design.Phase 4 40% as payment for all Construction documents.

TENDERING AND AWARD (TA) Phase 5 Payment based on minimum hourly rates in accordance with Schedule 4.3 --‐ pre--‐qualification of contractors, invitation to tender, analysis, negotiation, recommendation and award.

CONSTRUCTION STAGEPhase 6 Payment based on minimum hourly rates in accordance with

Schedule 4.3 --‐ from site handover to contractor through to completion.

POST CONSTRUCTION STAGEPhase 7 Payment based on minimum hourly rates in accordance with

Schedule 4.3:

Architects Post Occupancy Analysis (APOA)Architects Post Occupancy Evaluation (APOE) Reimbursable expenses shall become due upon the presentation of accounts for

each stage.

Repetitive fees shall be due when the works contract for repeated buildings is a

regarded.

Claims in respect of fees and reimbursable expenses due to the Consultant shall

be submitted by the Consultant to the Employer as follows:

Fee Accounts Copies.

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Reimbursable accounts and supporting Invoices copies.

Fees and expenses are to be paid within thirty days of submission unless

queried by the Employer within twenty days of submission. In the event of a claim

being queried a payment on account of that part which is not questioned is

nevertheless to be made within thirty days of submission.

Any part of any claims properly payable but remaining unpaid for more than 90

days from the date of delivery shall carry ' rest from the thirty first day after

submission to the date of payment at the rate of 2% above the primary bank rate

ruling in Nigeria at that time plus any inflation resulting from government policy

within the period ..

COMMENCEMENT OF SERVICES

This Agreement shall become effective upon the Consultant's receipt from the

Employer of a written notice to proceed with the services to be provided in the

agreement.

DELAYS TO CONSULTANT'S SERVICES

Where delays are caused by the Consultant's failure to obtain adequate reply,

approval , or d ecision within thirty (30) days after a request has been made by the

Consultant due to the following reasons:

1. the Employer's ommission to reply, approve or decide within the said period

of thirty days

2. The failure of a third party, who has been assigned by the E m ployer to com ply

with the request to act or to perform within the specified period .

The Employer shall adequately compensate the Consultant for any costs incurred

as a result of the delay

The Employer undertakes to consider and review all documents submitted by the

Consultant a n d to process any necessary approvals for the Consultant within

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thirty days of their submission so as not to delay the Consultant from giving

drawings and instructions to the Works contractor.

If after the expiry of thirty days no communication has been received from the

Employer by the Consultant on such documents then approval shall be deemed to

have been given.

CARE, DILIGENCE AND RESPONSIBILITIES

The Consultant shall exercise all reasonable skill, care and diligence in the

discharge of the services required by this Agreement in accordance with the Bye -

laws and Code of Professional Conduct laid down by the Professional Body.

The Consultant shall not divulge to any unauthorized person or body any of the

information obtained or the results of any survey or design carried out in

connection with this Agreement.

The Consultant shall endeavour to protect the Employer from any defects and

deficiencies that may occur in any Works contractor's, sub-contractor's or

supplier's work but they do not guarantee the fulfillment of the Contractor's, sub-

contractor's ,or supplier's undertakings to the Employer.

T he Consultant shall not assign or transfer the benefits and obligations of this

Agreement in part or in whole, and in the event of the death or incapacity of the

Consultant the same shall automatically come to an end on the death of the

Consultant's survivor but without prejudice to the accrued rights of either party

against the other under this Agreement. Provided that it shall be lawful for the

Consultant at any time to take into partnership another professional partner or

partners who, or the survivor or survivors of whom, shall thenceforth assume the

liabilities of this Agreement.

INCAPAC ITY O F CONSULTANTS

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If the Consultant shall become incapacitated from action as Consultant as

aforesaid the Employer may make full use' of all or any drawings, estimates or

other documents prepared by the Consultant pursuant to and for use under this

Agreement without prejudice to the lien on such drawings or documents against

unpaid fees.

The Employer shall not make use of such drawings or documents except for the

purpose of the building works which are the subject of this

Agreement.

CONSULTANTS RESPONSIBILITIES

The Consultant must have the authority of the Employer before initiating any

service or work stage.

The Consultant shall not make any material alteration, addition to or omission

from the approved design without the knowledge and consent of the Employer,

except if found necessary during construction for constructional reasons, i n

which case they shall inform the Employer without delay.

The Consultant shall inform the Employer if they have reason to believe the total

authorized expenditure or contract period are likely to be materially varied

The Consultant, will prepare proposals for consideration by the Employer

which may assist the administration of the construction program me and also

protect the interests of the Employer.

The Consultant will advise on the need for Specialist Consultants and will be

responsile for the integration of their work. The Specialist Consultants shall be

responsile for the design and supervision of the work entrusted to

them.

The Consultant shall give such regular supervision and inspection as may be

necessary to ensure that the works are being executed in general accordance

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with the contract. Constant supervision does not form part of normal duties

and additional services.

SCOPE OF PROFESSIONAL SERVICES FOR THE CONSULTANT

ARCHITECTSTHE NORMAL SERVICES

STAGE 1 : PRELIMINARY DESIGN

Obtaining client's briefing and requirements including survey plan(s) and other

statutory documents, analyzing the site, sourcing of statutory design data and

information. Preparing, illustrating and describing outline proposal in an

appropriate scale. While on maintenance works, detailed schedule of dilapidation

to include extent and level of damage, deterioration, disrepair and defects amongst

others, shall accompany the proposal. Preparing appropriate design scheme(s)

consisting of drawings and outline specifications sufficient to indicate spatial

arrangements, material usage and design configuration with site arrangements and

Architectural massing. While on maintenance works. Appropriate re-detailing,

repair/replacement schedule and specification shall accompany the proposal.

Presenting a report on the scheme, including cost implication and programme for

the project. STAGE 2; PRODUCTION WORKI NG, DRAWINGS, SPEC I FICATIONS

AND DETAILS. Preparation of comprehensive workings, drawings and contract

documents, including designs/technical specifications. Providing appropriate

information and drawings and specifications for preparation of Bills of Quantities .

Reconciling all Structural Drawings, and their specifications with the architectural

design to ensure that there are no conflicts or discrepancies.

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Preparing the form of tender and issuing invitation to tender. Issuance and

collation of all tender documents to and from Tenderers, preparing the appropriate

contract agreement with all conditions applicable for the works. STAGE 3; OBTAINING TENDERS TO COMPLETION

Obtaining, analyzing as it relates to Architects works (preference, quality of work

executed. preparing and advising on the contract and the appointment of the

contractor.Arranging for the works contractor to take possession of site.

PROJECT MANAGEMENT

The responsibilities if a pfroject manager are as follows

1. Identification of the client's objectlves and priorities.

2. Development and preparation of the brief.

3. Prepare an option/feasibility report.

4. Execute a risk analysis exercise.

5. Establish the budget and the total project programme.

6. Advise on the design team selection.

7. Advise on the appropriate procurement strategy.

8. Establish the pre-contract control systems and execute a value analysis exercise.

9. Monitor planning permission and other statutory consents.

10. Facilitate and receive tenders evaluation/report including the selection of

contractor(s).

OTHER CONSULTANTS IN THE BUILDING INDUSTRY

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Other consultants in the industry are: Project Manager, Planning Consultant,

Quantity Surveyor, Civil/Structural Engineer, Mechanical Engineer, Electrical

Engineer, Surveyors, Geo-Technical Engineers etc.

The Architect, as Prime Consultant, shall recommend the appointment of these

consultants to the employer. These other consultants listed above are also prime

consultants in their various fields when dealing directly with the employer.

They have their various responsibilities, scope of services, scale of fees etc just

like the architect in their various field CIVIL / STRUCTURAL ENGINEERS SCOPE OF SERVICE

The Consultant Civil Engineer on civil engineering projects such as roads , bridges

etc. is the designer consultant on such projects and he is the prime consultantN ORMAL SERVICE

STAGE I : PRE LIMINARY DES I G N

Seek the brief from the client and discuss with the client the role of the consultant

engineer and his relationship with the need for other consultants .

Seek from the client all information to be provided by the client and prepare a

questionnaire for the client to seek further clarification for his requirements.

Advise the client on limitations caused by topography, road and public access to

the site both during construction of the project, on completion and any identifiable

previous uses that may affect the design options.

Obtain such information as is reasonably available from documents on the

existence and extent of public services such as water, gas , electricity,

telecommunications, sewage, culverts , tunnels and any physical site restriction

which affect the engineering options for the project and comment on the same to

the client.

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Make initial recommendations to the client on the technical viability of the project

with suggestion for amending the brief.

Advise the client on the need for geo-technical investigatio , topographical a n d

other surveys of the site to obtain details of construction in existence on or adjacent

to the site .

Arrange o n behalf of the client when authorized by h i m for such i nvestigations

to be undertaken by appropriate professional and certify the amount of any

payment to be made by the client for the carrying out of such investigations .

Develop the client's requirements into a definitive brief for th e project in

consultation with the client and any other consultants and consider alternative

outline solutions to the Project.

Provide sufficient preliminary information i n the form of advice, s ketches a n d

reports or outlines specification to enable any other consultants to prepare their

outline proposals and inputs to the outline cost p l a n .

Collate, co-ordinate and present the outline proposals and cost plan to the client.

After receiving the Client's approval of the outline proposals and the client's

consent to proceed to the scheme

SCOPE OF SERVICE OF THE QUANTITY SURVEYOR

STAGE I : PRELIMINARY AN D FINAL BUDGET ESTIMATING

Inspection of the site to ascertain site conditions

Preparation of Budgetary Estimate based on Gross Floor Area Or other "Unit

Method".

Preparation of Preliminary Estimate based on Preliminary Design/Drawings

prepared by other consultants.

Cost checking of alternative designs and specifications arrived at acceptable final

budget estimate.

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Preparation of Detailed Estimate based on detailed Drawings, Specifications and

Schedules prepared by other consultants.

Preparation of Bills of Quantities based on detailed drawings, design,

specifications and schedules prepared by other consultants.

Preparation of Articles of Agreement

Preparation of Form of Tender

Preparation of Schedule of Day Works

Advice on Contractual Arrangement.

Pricing of Bills of Quantities with a view to comparing with Tenders.

Collating the Full Tender Documents comprising Articles of Agreement, Contract

Conditions, Preliminaries, Specifications/Preambles, Bills of Quantities, Form of

Tender and Schedule of day Works.

Co-operate with other consultants on the preparation of the list of contractors and

sub Contractors.

STAGE Ill: CONTRACT ADMINISTRATION.

Tender evaluation, analysis and reporting.

Preparation of contract documents for the project, ready for signature (at least five

copies)

Check and confirm suitability and adequacy of Bonds.

Advise on Advance Payment and list of materials to be covered.

Site measurement and preparation of Interim Valuations for the works on monthly

basis or agreed intervals.

Measurements and adjustment of variations i n the scope of works

Management of cost implication of contractual issues.

Preparation of periodic assessment of anticipated Final Cost and reporting thereon.

Preparation of Final Accounts for the project.

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SCOPE OF SERVICE OF THE ESTATE SURVEYOR AND VALUER

Much of the functions of the Estate Surveyor and Valuer are Valuation based .

Because of that, virtually all his duties require basic field inspection and visits. In

large valuation briefs, stage payments are always arranged or agreed between the

clients and the consultant Surveyor and Valuers to fall in line with the fol l owing.

STAGE I : RECONNAI SSANCE S U RVEY AN D RENUMERATION.

STAGE 11: Detailed valuation survey and in section including measurement and

recording of all deta ils of accom modati o n , construction and state of

maintenance, Computation and preparation of Draft Valuation Report for

discussion with the Client.

FINAL VALUATION REPORT AN D/OR C ERTIFICATE

For various activity areas the services are as follows:

VALUATION OF INTERESTS IN LAN D AND B U ILDINGS

Reconnaissance Survey and Remuneration Detailed Survey and i nspection ,

including measurement, field sketches and recording of details of accommodation,

construction and state of maintenance.

Analysis of data for valuation and Computation .

Report writing and preparation of valuation report and/or certificate which include

s ketches.

Market survey and compilation of market data, data analysis.

Computation and preparation of valuation report and/or certificate .

Selection of tenants Negotiation of rents and terms

Collection of rents and any agreed deposits and accounting to the property owne r

for the same

Liasing with the solicitor for the p reparation of lease or tenancy agreement.

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MANAGEMENT OF PROPERTY

Includes letting of premises.

Checking in and out tenants.

Receiving complaints from the tenant and liasing with the property owner, other

consultants and the contractor for amelioration .

Running and maintenance of common services

Collection, keeping and management of service charge.

Negotiation renewals.

Management of terminal responsibilities including preparation of Schedules o f

Dilapidation.

SCOPE OF PROFESSIONAL SERVICE FOR THE TOWN PLANNER

STAGE I : PRELIMINARY ACTIVITIES

1. Assembly of various professionals who will participate in the assignment.

2. Delineation of subject area.

3. Collection of maps, surveys, etc of the area.

4. Identification and sourcing of secondary data on the subject area - reports, books

informal i nterview etc.

5. Site visit to confirm s u rvey plan with actual g ro u nd situation .

6. Public consultation of stakeholders .

7. Submission of proposals.

8. Existing situation - Physical, social, economic, etc.

9. Identified physical problems to be solved.

STAGE 11: RECONNAISSANCE S U RVEYS

In an existing settlement, conduct of a land use/infrastructure a n d socio-

economic survey.

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In vacant lands. conduct a site assets and limitations analysis from the topographic

and other maps .

Collection and analysis of secondary data e.g population, economic activities,

government policy, Government land use commitments .etc:

Collection , study and analysis of survey plans or maps .

Collection of planning information from planning office -land use zoning, plot

sizes, location of site within the master plan of the city; location of other

infrastructural facilities,roads, water, electricity, etc.

Visit to site to ascertain the conformity of site with survey plans or maps.

Site analysis and production of report.

STAGE Ill: PREPARATION OF ALTERNATIVE DESIGN (Data analysis and

design)

The alternative will be evaluated and a recommended plan given to the client.

The client could comment on the plan on his own or could decide to exhibit it for

comments from other People.

The observations and objections will be analyzed and necessary amendments will

be made to the draft final plan after which it becomes the final plan.

Arising from information in Stages I and 11 above, prepare two or three alternative

designs.

Evaluate the alte rnatives and suggest a preferred plan with a draft final report. SCOPE OF PROFESSIONAl.: SERVICE FOR THE BUILDER

I n the scale of fees document, the Builder is not to tender ' the services of

Production/Construction Management of Building Projects. these services are to

be rendered to or o n behalf of the contractor the tender and construction at the post

contract stage.

2 . EXAMINATION OF DOC U MENTS

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Examination of all production i nformation documents.

Taking note of every issue including omissions, discrepancies and interface details

that could adversely affect efficient and economic building production .

Preparing reports including giving advice on efficient, economic and effective

solution to building production .

Presenting the report.

CONSTRUCTION P LAN N I N G

Preparing outline sequence of operations i nvolvi ng a l l elements of the project.

Preparing detailed method statement.

Preparing the following monitoring and control Documents.

Construction programme{s). Early warn ing system .

Project Quality Manual. Fire , Health and Safety Plan.

Examinati ng and reviewi ng the project s ite organizational Structure noti ng the

corresponding adequate or otherwise.

P reparing construction planning report.

Presenting constructio n planning report.

P ROJECT MANAGEMENT F O R ALL CATEGORY OF CONSULTANTS

Where the Prime consultant or any other consultant is the Project Manager, the

sliding scale of fee shall apply. .' "

TABLE 4 SCALE OF FEES FOR P ROJ ECT MANAGEMENT

N ext 10 million or part thereof 0 .90%

N ext 15 million or part thereof 0.80%

N ext 45 million or part thereof 0.70%

N ext 75 million or part thereof 0.60%

N ext 150 million or part thereof 0.50%

N ext 200 million or part thereof 0.40%

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Balance over 500 million 0.30%

REIMBURSABLE EXPENSES FOR ALL CATEGORIES OF CONSULTANTS

ON A CONSTRUCTION P ROJECT

The Payment of Reimbursable claims on transport, accommodation, printing,

computer rentals, office equipment and other incidental expenses incurred on the

project shall be made to all the consultants in addition to normal fees, but only

after the receipts backing ' u p such claims have been accepted by the client,

subject however to a maximum of 1 % of the cost of the Project. This amount is

distributed among the consultants as follows:

Architect (prime Consultant) 40%

Structural Engineer 15%

Quantity Surveyor 15%

Mechanical Engineer 10%

Electrical Engineer 10%

Geotechnical Engineer - 5%

Builder 5%

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REFERRENCES

Nigeria Institute of Architects Conditions Of Engagement and Consultancy service

1996 and 2011 J.K Randle Hall, Island Club Road Onikan, Lagos.

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