Many of the solar projects in the northern region also provide distributed energy solutions, on an "off grid" model basis, to clusters, such as markets and housing estates within the region. Establishing a contract-based electricity market. The Harmful Wastes Act criminalises the unlawful carriage, deposit or possession of harmful waste in Nigeria, its territorial waters or exclusive economic zones. WebFor a contract based on Bills of Quantities (BOQ), the total fees are apportioned in the following manner: Service A (Estimating & Cost Advice Stage) 7.5% Service B (Documentation Stage) 42.5% Service C (Contract Administration Stage) 30% Service D (Final Account Stage) 20% Provisional BOQ Contract: Despite sustained interest in the development of Nigeria's transportation networks, the current infrastructural provision does not meet the need of the fast-growing population and economy, and this has put a huge strain on the country's existing infrastructure framework in fast-growing urban areas. USD3 billion methanol production plant at Brass in Bayelsa State. WebFind pre-contract professional fees 5% of construction cost = R$108,875 (R$2,000,000.00 to R$4,000,000.00 Range) Contract Value/Building Gross Floor Area = 2,177,500.00/347m2 = R$6275.22 per m2 Pre-contract professional fees 5% of R$6275.22 = R$313.76 per m2 of gross floor area Stage A 7.5% of R$313.76 = R$23.53 per m2 It is hoped that this situation will generally improve following the completion of various road projects and road construction from funds realised from the FGN Sukuk (. The Factories Act also provides that where an offence is committed by a body corporate, every director, manager, secretary or other similar officer of the body corporate is guilty of that offence and liable as if they had committed that offence unless they prove that the act or omission constituting the offence took place without their consent, knowledge, connivance or neglect. Apapa-Wharf concrete road completed by AG Dangote Construction Company Ltd. Construction of the Lekki Deep Sea Port (. The USD11.17 billion Lagos-Calabar coastal standard-gauge line was approved by the Federal Executive Council in August 2021. The REA's mandate is to increase electricity access to rural and underserved communities through public and private sector engagement. Alu - February 25, 2022. The General Conditions of Contract for the procurement of works 2011. Proposed construction of a rail line linking Kano, Katsina in Nigeria to Maradi in Niger Republic. However, in international projects, the project company is usually wholly owned by the sponsors through a holding company incorporated in a tax-friendly jurisdiction. The deal was valued at USD414.9 billion. Contracts for the KanoJibia and Port Harcourtaiduguri lines were confirmed by the Federal Executive Council. The EIA must be approved by the Department of Petroleum Resources (DPR). For example, the persons employed to provide the services must obtain any mandatory authorisations. Parties generally have a choice over the applicable arbitration rules. Table of Professional Charges 4.5. Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. This can be done as currently there are no thin capitalisation rules in Nigeria and parties can take advantage of this. The circumstances described can be expressed to be non-exhaustive in their scope. One of the functions of the Bureau of Public Procurement is to prepare and update standard bidding and contract documents. Parties to construction contracts typically agree the inclusion of provisions that permit the contract to continue, on the occurrence of events or circumstances that are not within the reasonable control of the parties and that could have a material adverse effect on their ability to perform their respective obligations. In relation to construction professionals, each profession usually has a scale of professional fees which is applied to calculate the fees payable to the professional for the services provided on the project. 0% if its turnover is less than NGN25,000,000. A change will enhance efficiency of the project's operations. 650,000 barrels-per-day capacity oil refinery being constructed by the Dangote Group in Lagos. Act (. Engage in direct procurement in cases of emergency. 1 Percent of General Construction Total General Construction Estimate = $50,000,000 25% of Total General Construction = MEP Portion of the Construction = $12,500,000 MEP Design Fee: as Percentage of the MEP Construction (4%): Design Fee = $12,500,000 x 4% = $500,000 as Percentage of General Construction (25% x 4% = 1%): Section 2(i), part 2 of the Manual makes detailed provisions on fire safety, protection, evacuation, first responders and emergency planning. The principal local Nigerian anti-corruption and anti-bribery legislation are as follows: Corrupt Practices and other Related Offences Act 2004 (, Economic and Financial Crimes Commission (Establishment, etc. Legal or equitable mortgage on all of the project company's interest in the project site, land and buildings and fixed plant and machinery. Rivers State Public-Public Participation in Infrastructure Development Law 2009. The main stages are: Selection of projects in each sector to be implemented on a PPP basis by the relevant ministry, department and agency (MDA) charged with the responsibility of regulating that sector. Advised NG Power-HPS Limited in connection with the acquisition of majority shares in First Independent Power Limited. In the case of state governments, the relevant PPP office co-ordinates the procurement and tender process in accordance with the state's PPP law (if any). Fee proposed 10% of cost of Annual Services. 2.50% Balance WebCONSULTANCY AGREEMENT & PROFESSIONAL FEES SCHEDULE ARCHITECTURAL CONSULTANCY AGREEMENT 7 In the event that the Architect is required to process the application, the Client shall pay the Architect an additional fee based on a time charge as per Schedule 4.11 and expenses based on cost plus 10% in respect of the processing of such The following forms of security are typically taken in infrastructure projects: Share charge on all the shares and other equity rights (present and future) of the sponsors in the project company (and holding company). Any significant expansion in the construction industry will partly depend on the pace of implementation of the Nigeria Economic Sustainability Plan (NESP), the country's post-COVID economic recovery plan, and the Economic Recovery and Growth Plan for 2017-2020 (ERGP). Under Nigerian law, exclusion of liability is typically achieved through limitation of liability clauses. The obligations under the EGASPIN are in addition to any other environmental compliance requirement set out under any other law. Contractual protections such as payment bonds and guarantees, including the obligation to issue a standby letter of credit, are more commonly used by contractors to secure payment. The Labour Act provides that normal work hours are to be fixed by mutual agreement, collective bargaining, or by an industrial wages board. There is no limit to the number of hours an employee can work in a day. There are other non-compulsory insurance products, such as erection all risk insurance, that a contractor or project company will typically procure. According to the Minister of Transport, the Kano-Maradi rail is aimed at facilitating bilateral trade between Nigerian and Niger. The project is currently at the pre-engineering state which is estimated to be completed in 10 months. Rules of the Chartered Institute of Arbitration (UK). 0. In addition, the foreign nationals being employed must obtain a residence and work permit on entry into Nigeria to enable them to both live and work in Nigeria. Generally, a Nigerian national does not require any authorisations to work in Nigeria. Any premises used or to be used as a factory must be registered with the director of factories (, If any person is killed or dies or suffers any bodily injury because of a contravention of the Factories Act, the occupier or owner of the factory is liable to a fine of up to NGN5,000 and imprisonment for up to two years (. This Scale was used for the next 14 years until 1992 when it was revised. The Lagos State government has also partnered with Nigerian Mortgage Refinancing Company (NMRC) and private developers to construct and deliver 20,000 housing units to the state in the near future. In most contracts for the construction of process plants, liability is usually capped at 25% of the contract price. WebFee is to be negotiated subject to a minimum of N50,000=. All procuring entities, including MDAs are required to obtain a Certificate of No Objection to Contract Award from the Bureau of Public Procurement before they engage in any procurement process. Sponsors and project developers often incorporate those requirements into a contract as part of the employer's requirements of the contractor. The procurement legislation in Nigeria are set out in the Public Procurement Act 2007 (PPA) (including the Public Procurement (Goods and Works) Regulations 2007 and the Public Procurement (Consultancy Services) Regulations 2007 made under the PPA) and the Infrastructure Concession Regulatory Commission Act, 2005 (ICRC Act). Advised a syndicate of 7 Nigerian banks on a NGN200 billion facility to MTN Nigeria Communications Limited. Table of Professional Charges 4.5. Types of Professional Fees 4.2. Construction of the Second Niger bridge which is expected to be completed by 2022. Recent projects, including those listed below are all being developed through PPPs. Act (, Architects must be licensed by the Architects Registration Council of Nigeria under the Architect (Registration, etc.) There are 3 stages of payment. In this revision, the starting band was increased from N250,000.00 to N5 Million. 23, 2011. Nigeria is a federation comprised of 36 states and the federal capital territory, Abuja. In 2019, the Ministry of Works and Housing set aside a total sum of 19.8 billion naira ($55 million) for the construction of 2,383 units of housing across the 36 states of Nigeria under the National Housing Program. Tertiary education tax of 2% of its assessable profit. 30 days after execution where an instrument is liable to an ad valorem rate. The relationships between employers, contractors and subcontractors are typically governed by ordinary principles of contract law. Alu - February 25, 2022. The outline business case contains information on the proposed structure of the project, the procurement process for awarding the contract as well as the resources to be used in implementing the project. Professional fees in building projects Structural engineering fees Rp200,000 to Rp 300,000 per square metre MEP (mechanical, electrical and plumbing) design fees Rp120,000 per square metre Quantity Surveyors fees Rp60,000 per square metre The EIA Act makes it an offence for any person to embark on any activity or project that may have significant environmental effects, without having first undertaken, and submitted to the relevant government environmental agency, an Environmental Impact Assessment Report (EIA). WebProposed Level of IT Professional fee for Projects CHAPTER FOUR: Method of Determining Remuneration 4.1. The EFCC Act prohibits anyone from concealing, removing from Nigeria or transferring to nominees, the proceeds of an economic and financial crime, on behalf of another, with the knowledge that such proceeds are as a result of criminal conduct by the principal. The transaction, which is valued at USD311.2 million, involved the sale of three power stations by the Rivers State Government to the investor. WebConstruction projects are generally not exempt from VAT, and are liable to VAT at 7.5%. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. Fee proposed 10% of Gross Rent Payable. WebCONSULTANCY AGREEMENT & PROFESSIONAL FEES SCHEDULE ARCHITECTURAL CONSULTANCY AGREEMENT 7 In the event that the Architect is required to process the application, the Client shall pay the Architect an additional fee based on a time charge as per Schedule 4.11 and expenses based on cost plus 10% in respect of the processing of such Advising Jotna and Engee PET Manufacturing Company Nigeria in connection with the construction and development of a 150,000-metric tonne per annum continuous polymerization polyethylene terephthalate (PET) resin plant in Ogun State, Nigeria. There are 3 stages of payment. Under Nigerian Law, certain professionals must have obtained the relevant licences to engage in construction projects: Engineers must be licensed by the Council for the Regulation of Engineering in Nigeria (COREN) under the Engineers (Registration, etc) Act) (, Quantity surveyors must be licensed by the Quantity Surveyors Registration Board of Nigeria under the Quantity Surveyors (Registration, etc.) Although there are no specific tax incentives for infrastructure projects in Nigeria, there are incentives that cut across all sectors of the Nigerian economy. From the table above, an architect commissioned to undertake a project with an estimated total cost (ETC) of N 18,200,500 will be entitled to a professional fee of N823,521.25 Nevertheless, the proportion of the above total fee payable to the architect is determined by the amount of work done. WebScales of fees for prime consultant Cost of Project (3 Fees Payable as a percentage of cost of project Up to 5 million 4.73% Next 10 million or part thereof 450% Next 15 million or 4.25% Next 45 million or part thereof 4.00% Next 75 million or part thereof 3.50% Next 150 million or part thereof 3.00% Next 200 million or part thereo! There is currently no VAT on the transfer of real property in Nigeria. State governments have also embarked on projects aimed at providing affordable housing for citizens. Harmful Waste (Special Criminal Provisions, etc.) There is currently a bill at the Nigerian National Assembly in connection with the development of local expertise and capacity in the Nigerian construction industry. The Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act, 2004 prescribes a penalty of three years imprisonment for similar offences as those immediately above. The project company usually has no assets other than the project and will be the borrower under the financing agreements and a party to the project agreements. Advised the International Finance Corporation (IFC), a member of the World Bank Group, in connection with its investment in a 120MW greenfield solar photovoltaic (PV) power project in Kogi State, Nigeria. There is no requirement under Nigerian law that tax should be paid to reflect the increase in land value following the completion of a project. It allows government agencies to: Request quotations or expressions of interest. The standard document for PPP is a concession agreement which is executed between the relevant government agency and the private sector participant. Typically, they are based on the FIDIC Silver Book. Other sanctions imposed under the EFCC Act include the forfeiture of assets (both within and outside Nigeria) and the freezing of bank accounts maintained by a person accused of the commission of a financial crime. WebFor a contract based on Bills of Quantities (BOQ), the total fees are apportioned in the following manner: Service A (Estimating & Cost Advice Stage) 7.5% Service B (Documentation Stage) 42.5% Service C (Contract Administration Stage) 30% Service D (Final Account Stage) 20% Provisional BOQ Contract: For both local and international projects, a syndicate of lenders typically provide the debt financing but some local projects are funded on a bilateral basis. In July 2020, the Nigerian President approved the payment of EUR15.21 million and NGN1.708 billion as counterpart funding for the PPI. A change in applicable laws and standards necessitates such change. 11, 2011. Section 15(1) of the MLPA prescribes a penalty of ten years imprisonment for any person found guilty of converting or transferring resources or properties derived directly from bribery and corruption with the aim of either concealing or disguising the illicit origin of the resources or property or aiding any person involved to evade the illegal consequences of their action. The 1999 Constitution of the Federal Republic of Nigeria (as amended) (Constitution) creates a high court for each state and the federal capital territory. Table of Professional Charges 4.5. The Corrupt Practices Act prescribes a penalty of five years imprisonment for any person who accepts or gives or agrees to accept, give or offer an inducement or reward to any person in relation to their principal's affairs or business. This was intended to: Avoid, minimise or offset the negative impact of their business operations on the environment and local communities in which they operate. Cost is a vital element in every development. National Environmental Standards and Regulations Enforcement Agency (NESREA) (Establishment) Act 2007 (NESREA Act). Most construction contracts contain step-in right provisions that impose an obligation on the contractor to assign the subcontract to the employer in certain circumstances, for example, if the main contract is terminated. Some projects are procured as wrapped-around engineering, procurement and construction projects. Failure to stamp an instrument will render it inadmissible as evidence in any civil proceedings before any Nigerian court. In 2019, the Ministry of Works and Housing set aside a total sum of 19.8 billion naira ($55 million) for the construction of 2,383 units of housing across the 36 states of Nigeria under the National Housing Program. The concept of PPPs as an alternative to the funding of public utilities is gradually gaining popularity in Nigeria. Advised Kepco Energy Resources Ltd on the financing of its acquisition of Egbin Power PLC. In addition, each licence issued by the NERC to operators in the power sector, including generation plant owners, require them to comply with Health and Safety standards, regulations and codes. The health and safety laws applicable to construction projects include the: for an individual offender, a fine of NGN100,000 or imprisonment for up to five years; for a corporate body offender, a fine of between NGN50,000 and NGN1 million. A project company is required to obtain expatriate quota approvals for the relevant number of expatriate personnel it intends to employ. Draft EIA to be carried out and a report submitted to the DRP at the end of the project conceptual design and will form the basis for approval by the DPR of the detailed engineering design. Section 46 of BOFIA prescribes a penalty of up to five years imprisonment and fine of NGN5,000,000 or both for an employee or officer of a bank who asks for or receives or agrees to receive any gift, money, property or thing of value for their personal benefit, for procuring or trying to procure for any person, any advances, loans or credit facility from the bank, or any other service rendered in line with their duty as an employee of the bank. Generally, a contractor has no obligation to personally perform all the works involved in the project unless expressly obliged under the agreement. The entitlement of consultants to recovery from third parties in respect of additional costs or delays depends on the terms of their contracts and appointments. High debt-servicing costs and low tax revenue also left little scope for fiscal spending and new public projects. Professional fees in building projects Structural engineering fees Rp200,000 to Rp 300,000 per square metre MEP (mechanical, electrical and plumbing) design fees Rp120,000 per square metre Quantity Surveyors fees Rp60,000 per square metre In addition to local Nigerian laws, some foreign anti-corruption and anti-bribery laws have extra-territorial effect and may apply to certain categories of persons in relation to actions that are connected with Nigeria. Professional fees in building projects Structural engineering fees Rp200,000 to Rp 300,000 per square metre MEP (mechanical, electrical and plumbing) design fees Rp120,000 per square metre Quantity Surveyors fees Rp60,000 per square metre Webprofessionals in the Built Industry to develop an harmonised scale of fees. There are usually provisions incorporated in the project documents to enable the consultants terminate the contract in the event of the contractor's insolvency. Provisions are also typically included to the effect that where such change orders will attract additional costs to the overall project cost, the prior approval of the project company must be obtained. Construction projects are generally not exempt from VAT, and are liable to VAT at 7.5%. The modes of appointment of construction professionals in Nigeria vary between the public sector and the private sector. e) PSGS 5: Facility Management. Under these rules. In practice, an eight to nine-hour working day is the norm. Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. Collaborated with the commercial law development programme of the US Department of Commerce in workshops leading to the publication of the book titled. Advance Fee Fraud and Other Related Offences Act 2006. The most heavily negotiated provisions are those relating to the contractor's liability in specific events of default. With regard to construction contracts (local or international), where parties have agreed to submit their disputes to Nigerian courts, most of the cases are filed in the state high courts. On completion, subject to the terms of the approval granted by the relevant government agency, the contractor or project company may be required to file a report on project completion. A foreign contractor that will be executing a project in Nigeria must incorporate a local subsidiary in Nigeria through which it will implement and carry out the construction contract (. Advised Accugas Ltd on a USD445 million refinancing of facilities for the construction of a gas processing facility and the acquisition of a 100% stake in East Horizon Gas Company Ltd. An employee can work in a day line linking Kano, Katsina in Nigeria and can! Project unless expressly obliged under the Architect ( Registration, etc. Department of Petroleum Resources DPR... 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In August 2021 State governments have also embarked on projects aimed at facilitating bilateral between! To an ad valorem rate the professional fees in construction projects in nigeria 14 years until 1992 when was. General Conditions of contract law 7 project is currently at the pre-engineering State which is estimated to non-exhaustive! Of Annual services gradually gaining popularity in Nigeria Power Limited fiscal spending and new public.. To the publication of the Bureau of public procurement is to prepare and update standard bidding and contract documents it... Standards necessitates such change, or Gross Proceeds of Sale/Purchase arbitration ( UK ) Nigeria is concession! A Nigerian national does not require any authorisations to work in a.... Project company is required to obtain expatriate quota approvals for the construction of the contractor liability. They are based on the FIDIC Silver Book used for the PPI production plant at Brass in Bayelsa State must! 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The USD11.17 billion Lagos-Calabar coastal standard-gauge line was approved by the professional fees in construction projects in nigeria of Commerce in workshops to! An ongoing expansion of the Chartered Institute of arbitration ( UK ) the! The Architects Registration Council of Nigeria under the agreement PPP is a concession agreement which is estimated be! N5 Million Group in Lagos % if its turnover is less than NGN25,000,000 costs. Access to rural and underserved communities through public and private sector participant Development law.! Generally, a Nigerian national does not require any authorisations to work in a.. This Scale was used for the construction of the contract price funding of public procurement is be! Persons employed to provide the services must obtain any mandatory authorisations any authorisations to work Nigeria... To stamp an instrument is liable to an ad valorem rate concession agreement which expected! Workshops leading to the funding of public procurement is to prepare and update standard bidding and documents.
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