Engineers (Scale of Fees for Professional Engineering Services) Rules
During the contract administration stage the engineer or firm must perform the duties listed in Section 10(1)(a)–(v).
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 20 of 2022
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
During the contract administration stage the engineer or firm must perform the duties listed in Section 10(1)(a)–(v). Close-out stage Section conducting inspections and verification of defects Describes activities forming the inception stage, including consultations with the client, site investigations, preliminary investigations and design for feasibility, stakeholder consultations, advising the client on statutory/regulatory/environmental matters, searches for data and reports, feasibility and consents information, project brief development, procurement and procurement strategy advice, defining scope through inspections and tests, determining necessary information, and concluding terms and a signed agreement. The engineer or firm must prepare and finalise the project concept and carry out related preliminary design tasks in accordance with the brief, including scope, scale, function and preliminary programme. Engineers or firms must develop the approved concept into a final detailed design, including specifications, cost planning, financial viability and project programme.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Engineers (Scale of Fees for Professional Engineering Services) Rules
Showing 35 of 35
Part II
STANDARD PROFESSIONAL ENGINEERING SERVICES
- 10
STANDARD PROFESSIONAL ENGINEERING SERVICES - 10. Contract administration stage
AI-assisted research summary: During the contract administration stage the engineer or firm must perform the duties listed in Section 10(1)(a)–(v).
Section 10. Contract administration stage Section 10(1)(a) witnessing the site handover; Section 10(1)(b) issuing project documentation in accordance with the documentation schedule; Section 10(1)(c) examining and approving the contractor’s proposals and working drawings relating to the works; Section 10(1)(d) carrying out contract administration procedures in terms of the contract; Section 10(1)(e) attending site, technical and progress meetings; Section 10(1)(f) inspecting works for conformity with the contract; Section 10(1)(g) witnessing and reviewing inspections, tests and mock-ups carried out on-site and off-site; Section 10(1)(h) preparing schedules of predicted cash flow and proactive estimates of proposed variations for client decision-making; Section 10(1)(i) maintaining roper and accurate records of site activities; Section 10(1)(j) advising the client on special inspections and the appointment of site staff; Section 10(1)(k) preparing any further designs and drawings relating to the works; Section 10(1)(l) establishing and maintaining a financial control system; Section 10(1)(m) making such visits to the site as may be necessary to ascertain the performance of site staff and that the works are executed generally according to contract or in accordance with good engineering practice; Section 10(1)(n) giving all necessary instructions relating to the works to the contractor; Section 10(1)(o) preparing and issuing all certificates as may be required in the contract; Section 10(1)(p) performing any duties which the engineer or firm may be required to perform under any document that the engineer or firm has prepared for the execution of the works; Section 10(1)(q) preparing or approving the as-built record, as necessary; Section 10(1)(r) adjudicating and resolving contractual or financial claims by the contractor; Section 10(1)(s) delivering to the client such records and manufacturer’s manuals, guarantee certificates and warranties as are reasonably necessary to enable the client to operate and maintain the works on completion; Section 10(1)(t) inspecting the works and issuing practical completion and defects lists; Section 10(1)(u) arranging for the delivery of all test certificates including electrical certificates of compliance, statutory and other approvals, as-built drawings and operating manuals; and Section 10(1)(v) deciding any dispute or difference arising between the client and the contractor in connection with the works and submitted to the engineer or firm for determination: Section 10(2)(a) construction documentation and schedules of predicted cash flow; Section 10(2)(b) contract instructions; Section 10(2)(c) estimates for proposed variations and variations for payment certificates; Section 10(2)(d) minutes of site meetings; Section 10(2)(e) progress reports; Section 10(2)(f) project completion report; Section 10(2)(g) defects list; Section 10(2)(h) certificates of compliance; and Section 10(2)(i) financial control reports. - 11
STANDARD PROFESSIONAL ENGINEERING SERVICES - 11. Close-out stage
AI-assisted research summary: Close-out stage Section conducting inspections and verification of defects
Section 11. Close-out stage Section conducting inspections and verification of defects; - 6
STANDARD PROFESSIONAL ENGINEERING SERVICES - 6. Inception stage
AI-assisted research summary: Describes activities forming the inception stage, including consultations with the client, site investigations, preliminary investigations and design for feasibility, stakeholder consultations, advising the client on statutory/regulatory/environmental matters, searches for data and reports, feasibility and consents information, project brief development, procurement and procurement strategy advice, defining scope through inspections and tests, determining necessary information, and concluding terms and a signed agreement.
Section 6. Inception stage Section 6(1)(a) consultations with the client or the client’s authorised representative; Section 6(1)(b) conducting site investigations of the proposed project; Section 6(1)(c) carrying out preliminary investigations, route location, planning and a level of design appropriate to allow decisions on feasibility; Section 6(1)(d) consultations with any local or approving authorities, the public and stakeholder groups in connection with the proposed works; Section 6(1)(e) advising the client on any statutory and regulatory requirements and approvals, environmental management, surveys, investigations and analysis and any reports that may need to be submitted; and Section 6(1)(f) conducting searches to obtain and collate data, drawings and plans relating to the works. Section 6(2)(a) technical and financial feasibility and related implications; Section 6(2)(b) consents and approvals; and Section 6(2)(c) information on the project. Section 6(3)(a) investigating data and information relevant to the works and considering any reports relating to the works; Section 6(3)(b) the development of a clear project brief including project objectives, priorities, constraints, assumptions, and strategies; Section 6(3)(c) advising the client on the procurement strategy of the project and criteria that could significantly influence the project lifecycle cost; Section 6(3)(d) advising the client on the required rights, consents and approvals; Section 6(3)(e) defining the scope of works and services of the project through site inspections, surveys, analyses, tests and other similar investigations; Section 6(3)(f) determining the necessary information available for the project such as data, drawings, and plans; and Section 6(3)(g) concluding the terms of agreement with the client. Section 6(4)(a) a signed agreement with the client; Section 6(4)(b) an agreement with the client on the scope of works and services; and Section 6(4)(c) a report on project requirements. - 7
STANDARD PROFESSIONAL ENGINEERING SERVICES - 7. Preliminary design stage
AI-assisted research summary: The engineer or firm must prepare and finalise the project concept and carry out related preliminary design tasks in accordance with the brief, including scope, scale, function and preliminary programme.
Section 7. Preliminary design stage Section 7(1) In the preliminary stage, the engineer or firm shall be responsible for preparing and finalising the project concept in accordance with the brief, including project scope, scale and function including preliminary programme. Section 7(2)(a) establishment of the concept design criteria; Section 7(2)(b) preparation of the initial concept design and related documentation, process designs and preliminary designs for approval by authorities and the client, and for costing; Section 7(2)(c) advising the client on further or special analyses, surveys, tests and in-depth investigations required to supplement the available information; Section 7(2)(d) arranging for investigations, and certifying the amount of any payments to be made by the client to persons, firms or companies carrying out the investigations under the engineer’s or firm’s direction, and advising the client on the results of the investigations; Section 7(2)(e) establishing the access, utilities, services and connections required for the design; Section 7(2)(f) determining any projects’ risks and establishing mitigation measures; Section 7(2)(g) establishing local authorities’ or regulatory authorities’ requirements and incorporate the requirements into the design to ensure conformity; Section 7(2)(h) co-ordinating design interfaces with any other consultants involved in the project; Section 7(2)(i) consulting the lead consultant, if any, appointed by the client in connection with the overall direction of the project and documentation programme; and Section 7(2)(j) liaising, co-operating and providing the necessary information to the client, lead consultant and other consultants involved to enable the client consider the professional engineer’s proposals including cost estimates and life cycle costs as required, with alternative proposals. Section 7(3)(a) concept design; Section 7(3)(b) preliminary design; Section 7(3)(c) cost estimates; and Section 7(3)(d) reports on investigations or surveys. - 8
STANDARD PROFESSIONAL ENGINEERING SERVICES - 8. Detailed design stage
AI-assisted research summary: Engineers or firms must develop the approved concept into a final detailed design, including specifications, cost planning, financial viability and project programme.
Section 8. Detailed design stage Section 8(1) In the detailed design stage, the engineer or firm shall develop the approved concept to finalise the design, outline specifications, cost plan, financial viability and programme for the project. Section 8(2)(a) conducting a review of the documentation programme with the lead consultant and other consultants involved; Section 8(2)(b) incorporating the clients’ and authorities’ detailed requirements into the design; Section 8(2)(c) incorporating any other consultants’ designs and requirements into the design; Section 8(2)(d) preparing the design development drawings including technical details and specifications; Section 8(2)(e) computing the cost of any risks involved and the risks’ implications on the project; Section 8(2)(f) preparing detailed estimates of project implementation costs; Section 8(2)(g) liaising, co-operating and providing necessary information to the lead consultant and other consultants involved; and Section 8(2)(h) submitting the required design documentation to local authorities and regulatory authorities for approval. Section 8(3)(a) detailed design drawings, and in the case of final detailed design drawings, the designs shall be stamped and signed by the design engineer and professional engineer; Section 8(3)(b) clear and complete contract drawings, schedules and bills of quantities; Section 8(3)(c) project specifications; Section 8(3)(d) local authorities’ and regulatory authorities’ submission drawings and reports; and Section 8(3)(e) detailed estimates of project costs. - 9
STANDARD PROFESSIONAL ENGINEERING SERVICES - 9. Tender stage
AI-assisted research summary: During the tender stage the provision lists activities: checking cost estimates and adjusting designs to remain within the client-agreed budget; formulation of procurement strategy or assisting the lead consultant; preparation of tender drawings or documentation; review of designs, drawings and schedules against the approved budget; assisting the client in calling for tenders, negotiating prices, or assisting the lead consultant; assisting the client in tender evaluation; advising the client on and preparing formal contract documents including the letter of acceptance; and assessment of samples and products for compliance and design intent. It also lists documents: specifications and stamped working drawings; tender documentation including priced tenders; tender evaluation reports and recommendations; and priced contract documentation.
Section 9. Tender stage Section 9(1)(a) checking cost estimates and adjusting designs and documents where appropriate to remain within the budget agreed with the client; Section 9(1)(b) the formulation of the procurement strategy for contractors or assisting the lead consultant in the formulation of the strategy, where applicable; Section 9(1)(c) the preparation of tender drawings or documentation for procurement; Section 9(1)(d) the review of designs, drawings and schedules in accordance with the approved budget; Section 9(1)(e) assisting the client in calling for tenders, negotiation of prices, or assisting the lead consultant in calling for tenders or negotiating prices, where applicable. Section 9(1)(f) assisting the client in tender evaluation; Section 9(1)(g) advising the client on, and preparing, formal contract documents including the letter of acceptance for carrying out the works or any part of them; and Section 9(1)(h) the assessment of samples and products for compliance and the design intent. Section 9(2)(a) specifications and stamped working drawings; Section 9(2)(b) tender documentation including priced tenders; Section 9(2)(c) tender evaluation reports and recommendations; and Section 9(2)(d) priced contract documentation.
Part III
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES
- 12
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 12. Additional professional engineering services of a general nature
AI-assisted research summary: Section 12 titles the provision as additional professional engineering services of a general nature and references enquiries not directly concerned with the works and its subsequent utilisation.
Section 12. Additional professional engineering services of a general nature Section enquiries not directly concerned with the works and its subsequent utilisation; - 13
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 13. Additional professional engineering services of a specialist nature
AI-assisted research summary: Additional professional engineering services: obtaining specialist technical advice on any abnormal aspects of the works.
Section 13. Additional professional engineering services of a specialist nature Section obtaining specialist technical advice on any abnormal aspects of the works; - 14
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 14. On-site supervision
AI-assisted research summary: The engineer or firm must be in full control of and responsible for on-site supervision; all site staff must be under the engineer's or firm's control and take instructions only from them.
Section 14. On-site supervision Section 14(1) The engineer or firm shall be in full control of, and be responsible for, the supervision of the works on-site. Section 14(2)(a) advise the client of the fact; and Section 14(2)(b) advise the client of the desired qualifications and experience which the site staff shall possess. Section 14(3) All site staff shall be under the control of, and take instructions from, the engineer or firm only. - 15
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 15. Construction monitoring
AI-assisted research summary: Engineer or firm may appoint additional staff with the client's prior written consent; if no or inadequate additional staff are provided, the engineer or firm must provide additional services (including site visits) as agreed in writing with the client. Additional staff must report to and take instructions only from the engineer, firm or an authorized representative and are deemed to be employed by the engineer or firm.
Section 15. Construction monitoring Section 15(1) If the construction monitoring is deemed to be insufficient by the engineer or firm, the engineer or firm may, with the prior written consent of the client, appoint or make available additional staff for such construction monitoring as are necessary to the extent specifically defined and agreed with the client. Section 15(2) The additional staff shall report to and take instructions from the engineer, firm or an authorized representative of the engineer or firm only, and shall be deemed to be in the employ of the engineer or firm. Section 15(3) Where any changes regarding the persons utilized for additional on-site monitoring or their remuneration is necessary, the utilization of such persons or their remuneration shall be agreed to in writing with the client prior to the implementation of the changes. Section 15(4) If, for any reason, no additional staff or inadequate staff for construction monitoring is appointed, the engineer or firm shall provide additional services, including additional site visits, as required and agreed to in writing with the client before commencement thereof. - 16
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 16. Duties of the professional engineer during construction monitoring
AI-assisted research summary: A professional engineer must monitor outputs from any other party’s quality assurance programme against the requirements of the plans and specifications.
Section 16. Duties of the professional engineer during construction monitoring Section monitoring the outputs from any other party’s quality assurance programme against the requirements of the plans and specifications; - 17
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 17. Occupational safety and health duties
AI-assisted research summary: A contractor must provide documentary evidence showing compliance with the Occupational Safety and Health Act (Cap. 236A), arranged formally and in writing.
Section 17. Occupational safety and health duties Section arranging, formally and in writing, for the contractor to provide documentary evidence of compliance with all the requirements of the Occupational Safety and Health Act (Cap. 236A); and - 18
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 18. Quality assurance system
AI-assisted research summary: If the client requires additional quality management or quality assurance services, the engineer or firm must ensure those additional services are in addition to the standard services; the client and the engineer or firm must define and separately agree in writing on provision of such services.
Section 18. Quality assurance system Section 18(1) Where the client requires that quality management system or quality assurance services in addition to the construction monitoring services be applied by the engineer or firm to the project, the additional services shall be in addition to the standard services provided by the engineer or firm. Section 18(2) The client and engineer or firm shall define and separately agree to in writing on the provision of a quality management system or quality assurance services. Section 18(3) The quality management system or quality assurance services may include conducting of technical and financial audits of an ongoing or already commissioned project. - 19
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 19. Lead professional engineer
AI-assisted research summary: The Lead professional engineer is responsible for the overall administration of all sections of professional services provided by the team, including parts that fall within the ambit of other engineers or firms.
Section 19. Lead professional engineer Section responsibility for the overall administration of all sections of professional services provided by the team including parts of the services which fall within the ambit of the other engineers or firms; - 20
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 20. Engineering management services
AI-assisted research summary: Defines "engineering management" and says that when a client requires an engineer or firm to perform engineering management duties, the additional services and deliverables must follow the Eighteenth Schedule.
Section 20. Engineering management services Section 20(1) For the purposes of this rule, "engineering management" means the application of management principles to the engineering practice including technical problem-solving ability of engineering and the organizational, administrative and planning abilities of management for the purpose of overseeing the operational performance of a complex engineering-driven enterprise or project. Section 20(2) Where the client requires the engineer or firm to undertake duties of an engineering management nature on behalf of the client, the additional services and respective deliverables shall be in accordance with the Eighteenth Schedule. - 21
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 21. Dispute resolution
AI-assisted research summary: If the client requires the engineer or firm to provide dispute-resolution services on the client's behalf, the extent of those services and the fees must be as agreed between the client and the engineer or firm, subject to these Rules.
Section 21. Dispute resolution Section Where the client requires the engineer or firm to, on the client’s behalf, offer professional services relating to dispute resolution, the extent of, and fees for the services, shall be as agreed to between the client and the engineer an firm subject to these Rules. - 22
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 22. Principal agent of the client
AI-assisted research summary: Subsection (1) allows a client to appoint an engineer or firm as the client's principal agent for project management. Subsection (2) makes an engineer or firm appointed under subrule (1) responsible for the services specified in the Nineteenth Schedule and the deliverables.
Section 22. Principal agent of the client Section 22(1) A client may appoint an engineer or firm as the principal agent of the client for the purposes of project management. Section 22(2) An engineer or firm appointed under subrule (1) shall be responsible for the services specified in the Nineteenth Schedule and the deliverables thereof.
Part IV
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES
- 23
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 23. Determination of scale fees
AI-assisted research summary: The client and the engineer or firm must agree the applicable fees before the engineer or firm renders any services.
Section 23. Determination of scale fees Section 23(1)(a) project complexity; Section 23(1)(b) monetary value of the works; Section 23(1)(c) the duration of the project; Section 23(1)(d) the level of risk and responsibility; Section 23(1)(e) the level of skills, experience and expertise required; Section 23(1)(f) the technology required; Section 23(1)(g) any duplication of works; Section 23(1)(h) the client requirements; and Section 23(1)(i) the scope of the project. Section 23(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. Section 23(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. Section 23(4)(a) percentage fee based on the cost of works or cost of the project; Section 23(4)(b) fees for additional professional engineering services in addition to fees charged for the standard professional engineering services; Section 23(4)(c) time-based fees calculated in man-hours or man-months; or Section 23(4)(d) reimbursable expenses. Section 23(5) In a case where the scope of works is uncertain, the fees shall be based on time and reimbursable expenses. Section 23(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 Section 23(7) In the case where the application of schedules under subrule (6) would not be appropriate, the fees may be determined as time- based. - 24
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 24. Minimum fees for standard professional engineering services
AI-assisted research summary: An engineer or firm performing the specified standard professional engineering services must be paid according to one or a combination of the remuneration modes in rule 23(4), taking account of the project stages or parts.
Section 24. Minimum fees for standard professional engineering services Section The engineer or firm, in performing the standard professional engineering services specified in Part III of these Rules, shall be paid in accordance with one or a combination of the modes of remuneration provided for in rule 23 (4), taking into account the different stages or parts of the project. - 25
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 25. Payment to be based on the cost of works
AI-assisted research summary: For standard professional engineering services the engineer or firm’s fee is calculated as the total cost of the works (or project cost) multiplied by the percentage from the Second Schedule.
Section 25. Payment to be based on the cost of works Section 25(1) The actual percentage fee that is applicable shall depend on the general factors applicable to all project types outlined in the First Schedule and specific factors applicable to each project type. Section 25(2) The fee paid to the engineer or firm shall be an amount equal to the product of the total cost of the works or the cost of the project and the percentage determined from the scale of fees set out in the Second Schedule. Section 25(3) This rule shall not apply to supervision, which shall be on full fees as determined under the relevant Schedule. - 26
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 26. Minimum fees for engineering projects
AI-assisted research summary: Minimum fees for standard professional engineering services must be determined based on the nature and scope of the projects.
Section 26. Minimum fees for engineering projects Section 26(1) The minimum fees for standard professional engineering services in the different engineering disciplines pertaining to engineering projects shall be determined based on the nature and scope of the projects. Section 26(2) The minimum fees determined under subrule (1) shall be for specific cost of works in respect of which the services were rendered on the project but shall not include costs related to the report stages specified under Part III which shall be reimbursed on a time basis in accordance with rule 23 (7). Section 26(3) All costs of works in respect of which the services are shall not include reimbursable expenses by the professional engineer. Section 26(4) For standard professional engineering services relating to a description of the works mentioned in the first column of the Third Schedule, the proportion of the basic fee relating to the specific item calculated in terms of this rule shall be multiplied by the category factor mentioned against that description in the second column of Third Schedule. Section 26(5) Subrule (4) shall apply to all other works but not the works specified in the Fourth Schedule. Section 26(6) For professional services relating to building projects, where the building units are based on one design for which one set of drawings and specifications can be reused without alteration or with only minor modification, the fees shall reduce in accordance with the Fourth Schedule. Section 26(7) Subrule (6) shall not apply to supervision which shall be on full fees as calculated using the relevant Schedule. - 27
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 27. Professional fees under engineering disciplines
AI-assisted research summary: Professional fees for engineering services are determined by the Fifth to Twelfth Schedules; for electrical, mechanical and civil services involving interior fit-out, large-scale housing or extensive civil works, rule 26 and the Third Schedule apply and the percentage shall be at least four per cent of the project cost.
Section 27. Professional fees under engineering disciplines Section 27(1) The professional fee for professional services rendered under an engineering discipline for an engineering project shall be determined in accordance with the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and Twelfth Schedules. Section 27(2) With regard to electrical services, mechanical services and civil engineering services where the interior fit-out, large-scale housing projects and extensive civil works respectively are required as part of the services, rule 26 and the Third Schedule shall apply: Provided that the percentage shall be at least four per cent of the cost of the project, depending on the engineering discipline. - 28
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 28. Engineering discipline
AI-assisted research summary: Engineering disciplines include the services and activities listed in the Twenty-first Schedule.
Section 28. Engineering discipline Section The engineering services that comprise engineering disciplines shall include the services and activities specified in the Twenty-first Schedule. - 29
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 29. Services provided partially or in stages
AI-assisted research summary: When some professional engineering services are provided in stages: the client and professional engineer may agree escalation for delays; fees for multi-stage services are apportioned per the Fourteenth Schedule but can be adjusted by negotiation; interim payments are based on cost of works before client modifications; fees for partial-stage provision and supervision are calculated or charged in specified ways.
Section 29. Services provided partially or in stages Section 29(1)(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; Section 29(1)(b) a pro rata portion of all preliminary and general items applicable to the works; and Section 29(1)(c) administration expenses incurred by the client; Section 29(1)(c)(i) administration expenses incurred by the client; Section 29(1)(c)(ii) costs incurred by the client under the agreement between the client and the professional engineer for professional engineering services for the works; Section 29(1)(c)(iii) salaries, travelling, out of pocket and office expenses of resident site staff, unless the works are carried out by direct labour; Section 29(1)(c)(iv) interest on capital during construction, and cost of raising moneys required for carrying out the construction of the works; Section 29(1)(c)(v) cost of land and way leaves; Section 29(1)(c)(vi) external services designed, documented and supervised by others including power and water authority mains; and Section 29(2) The fees for professional services rendered over more than one stage of a project shall be apportioned in accordance with the Fourteenth Schedule. Section 29(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. Section 29(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. Section 29(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. Section 29(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. Section 29(7) Where the professional engineer is be required to conduct supervision during implementation of the project, the fees charged shall be time-based. - 30
SCALE FEES FOR STANDARD PROFESSIONAL ENGINEERING SERVICES - 30. Time-based fees
AI-assisted research summary: Time-based fees may be calculated hourly, daily or monthly; hourly rates apply for projects up to forty hours or one week, daily for between forty and two hundred hours, and monthly for projects exceeding two hundred hours.
Section 30. Time-based fees Section 30(1)(a) be inclusive of all fees charged by the professional engineer; and Section 30(1)(b) overhead charges incurred by the professional engineer as part of normal business operations; Section 30(1)(b)(i) overhead charges incurred by the professional engineer as part of normal business operations; Section 30(1)(b)(ii) the payroll costs of all technical staff including management; Section 30(1)(b)(iii) payments to administrative, clerical, and secretarial staff used to support professional and technical staff; and Section 30(1)(b)(iv) all other costs incurred by the business in general and not on a specific project only. Section 30(2) Time-based fees may be calculated on hourly basis, daily basis or monthly basis as provided for the categories of engineers specified in the Twentieth Schedule. Section 30(3)(a) hourly rates shall be applicable for projects with a total input not exceeding forty hours or one week; Section 30(3)(b) daily rates shall be applicable for projects with a total input between forty hours and two hundred hours; and Section 30(3)(c) monthly rates shall be applicable for projects exceeding two hundred hours.
Part V
FEES FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES
- 31
FEES FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES - 31. Fees for additional professional engineering services
AI-assisted research summary: Partners and consultants must be paid at the hourly rate(s) agreed between the client and the engineer or firm.
Section 31. Fees for additional professional engineering services Section the input of partners and consultants shall be paid at the hourly rate or rates agreed between the client and the engineer or firm;
Part VI
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES
- 32
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES - 32. Reimbursable expenses
AI-assisted research summary: The client and the engineer or firm must review projected expenses before the project starts and agree on the disbursements category and reimbursement method.
Section 32. Reimbursable expenses Section 32(1)(a) local telecommunication costs; Section 32(1)(b) long distance telecommunication costs; Section 32(1)(c) routine production of drawings and documents; Section 32(1)(d) local travel expenses within a radius of twenty-five kilometres from the engineer’s or firm’s registered office; Section 32(1)(e) courier and messenger services; Section 32(1)(f) standard software and computer costs; and Section 32(1)(g) office supplies. Section 32(2)(a) travel expenses for travel outside the local area by appropriate means; Section 32(2)(b) living expenses for personnel engaged in the project; Section 32(2)(c) project-related advertising costs; Section 32(2)(d) specialised project-specific computer software or services; Section 32(2)(e) use of specialised equipment; Section 32(2)(f) testing services; Section 32(2)(g) approvals, permits, licenses and specific tasks applied to fees; Section 32(2)(h) project-specific insurance, if required by the client; Section 32(2)(i) any other third-party expenses paid by the engineer or firm on the client’s behalf; and Section 32(2)(j) production of tender documents and other non-routine documents. Section 32(3) Sub-consultant expenses shall be charged at cost of the engineer’s or firm’s fees plus five per cent. Section 32(4) The client and engineer or firm shall review the projected expenses before the start of the project and agree on the applicable disbursements category and reimbursement method. - 33
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES - 33. Preparation of bills of quantities in building works
AI-assisted research summary: For new building works, the rate is two-point-five per cent of the cost of the works.
Section 33. Preparation of bills of quantities in building works Section in the case of new works, the rate shall be two-point-five per cent of the cost of the works; and - 34
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES - 34. Payment for alteration or modification of designs
AI-assisted research summary: The client is specified as responsible for payment of an additional fee for alteration or modification of designs, in accordance with rule 26 (2) and the Third Schedule.
Section 34. Payment for alteration or modification of designs Section an additional fee by the client in accordance with rule 26 (2) calculated in accordance with the Third Schedule; and - 35
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES - 35. Payment for site supervision
AI-assisted research summary: Engineers or firms are entitled to payment for payroll costs of their own staff seconded to the site for site supervision, when discharging responsibilities under rule 14, at the rates set out in the Fourteenth Schedule.
Section 35. Payment for site supervision Section payroll costs incurred by the engineer or firm on engineer’s or firm’s own staff who have been seconded to the site in the discharge of the engineer’s or firm’s responsibilities under rule 14 of in accordance with the rates set out in the Fourteenth Schedule; - 36
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES - 36. Payment when works are damaged or destroyed
AI-assisted research summary: If works or materials are damaged or destroyed before completion and this requires additional work by the engineer or firm, the engineer or firm must be paid on a time basis for that additional work and reimbursed as set out in rule 14.
Section 36. Payment when works are damaged or destroyed Section If, at any time before completion of the works, any part of the works or any materials, plant or equipment, whether incorporated in the works or not, are damaged or destroyed, resulting in additional work being required to be carried out by the engineer or firm, the engineer or firm shall be remunerated on time basis for the additional works together with any other reimbursements as specified in rule 14. - 37
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES - 37. Payment following termination or suspension by the client
AI-assisted research summary: When the client terminates or suspends professional engineering services, the engineer or firm is entitled to payment for services completed (per rule 28), a disruption charge equal to one‑sixth of a defined difference (if past preliminary stage), and amounts due under Parts IV and V; if required to restart after suspension they are entitled to sums under rule 26 and may retain the disruption charge; fees computation rules apply where tenders are delayed or for various stages.
Section 37. Payment following termination or suspension by the client Section 37(1)(a) a sum deducible from the stage of professional services completed at the time of termination or suspension in accordance with rule 28; Section 37(1)(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 Section 37(1)(c) amounts due to the engineer or firm under Parts IV and V. Section 37(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). Section 37(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. Section 37(4)(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; Section 37(4)(b) for the inception stage, preliminary design stage, detailed design stage and tender stage, the fees shall be computed in accordance with subrule (2); and Section 37(4)(b)(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 Section 37(4)(b)(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. Section 37(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. - 38
OTHER PAYMENTS FOR PROFESSIONAL ENGINEERING SERVICES - 38. Payment following termination by the professional engineer
AI-assisted research summary: If the engineer or firm terminates professional services (unless termination was due to their default or negligence), the engineer or firm is entitled to be paid the sums specified in rule 36 (1) and (c) after deducting any payments previously made.
Section 38. Payment following termination by the professional engineer Section If there is a termination by the engineer or firm of professional services, except where the termination was occasioned by the default or negligence of the engineer or firm, the engineer or firm shall be entitled to be paid the sums specified in rule 36 (1) and (c) after deducting any payments previously made to the engineer or firm.
Part VII
MISCELLANEOUS PROVISIONS
- 39
MISCELLANEOUS PROVISIONS - 39. Offences and penalties
AI-assisted research summary: Engineers or firms who charge fees below those prescribed commit an offence and are liable on conviction to the penalty under section 57.
Section 39. Offences and penalties Section Where an engineer or a firm charges fees that are lower than the fees prescribed by these Rules, that engineer or firm commits an offence and shall be liable, on conviction, to the penalty prescribed under section 57. - 40
MISCELLANEOUS PROVISIONS - 40. Disputes as to fees
AI-assisted research summary: If a dispute arises over fees for engineering professional services, the aggrieved party may apply in writing to the Board, subject to time limits and notification requirements; the Board may hear parties, request more information, and make or vary the fees; dissatisfied parties may appeal to the High Court.
Section 40. Disputes as to fees Section 40(1) Where a dispute arises as to the fees chargeable under these Rules in relation to professional services rendered by an engineer or a firm to or on behalf of a client, the aggrieved party may apply to the Board in writing for a determination of the matter. Section 40(2) An application under subrule (1) shall be made within fourteen days of the dispute arising and be accompanied by any relevant documents. Section 40(3) A party that makes an application under subrule (1) shall notify the other party or parties of the application within seven days of the application and the notification shall be accompanied by a copy of the application and accompanying documents. Section 40(4)(a) shall hear the parties in person or through representatives; and Section 40(4)(b) may request additional information from any of the parties relating to the dispute. Section 40(5)(a) affirm that the fees in dispute are the fees payable to the engineer or firm; or Section 40(5)(b) set aside the fees in dispute and substitute therefor fees that, in its opinion, are reasonable and just in the circumstances. Section 40(6) A party that is dissatisfied with the determination of the Board may appeal to the High Court.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Engineers (Scale of Fees for Professional Engineering Services) Rules
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in