Risks associated with fitness are mitigated through performance guarantees from the contractors. This paper concerns an investigation into the causes of high costs of construction in Nigeria. Both equity and debt financing will typically be used in the same project usually at a ratio of 70% debt to 30% equity. In January 2021, the FGN signed a Memorandum of Understanding with a Portuguese construction firm Mota-Engil for the construction of the cross-border Kano-Maradi rail line which has an estimated construction cost of USD1.96 billion. Implementing clear policies that promote and encourage investor confidence in the sector. However, the following are typical significant approvals. Controversy is sprouting again among building sector professionals on the scale of fees being charged in the industry. The current administration has also budgeted NGN4.125 trillion (about USD9.9 billion) for capital expenditure in the 2021 Appropriation Act. 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. WebThis 1978 document had the architects fee starting at 4.5% for a project of N250,000.00 and sliding thereafter. The insurance must have a value that is at least three times the total annual emoluments of all the employees. Although a subcontract is derived from the main contract, it is a stand-alone contract creating contractual rights and obligations strictly between the parties to it. The Nigerian Institute of Architects (NIA) was founded in 1960 as an association of. Time or Duration Based Fees CHAPTER FIVE: Adjustment of Fees 5.1. 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. Percentage Fee Scales 4.4. Cost is a vital element in every development. Fee proposed 10% of Gross Rent Payable. Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. In addition to these laws, various states have passed laws that regulate environmental issues in their state. 19, 2011. One which promotes competition, economy and efficiency. Provided support to the commercial law development program of the United States Department of Commerce in workshops leading to the publication of the book titled. In this revision, the starting band was increased from N250,000.00 to N5 Million. Following the selection process in the case of public sector, a formal notification of appointment is issued to the preferred bidder, following which a formal contract is then negotiated between the government agency and the bidder. Including provisions that require interest on delayed payments is also one of the means of ensuring that contractual payments are made promptly and diligently. 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. Professional bodies are formed as an association of professionals which enhance, control, and regulate the activities of its members. London Court of International Arbitration Rules. Where the FEC is satisfied that the project should be carried out using a PPP, it grants its approval to the project. Strengthening the sector's institutional framework and increasing transparency. Launched an initiative under the REA, as part of the NESP, to roll out five million new solar-based connections in communities that are not grid connected. Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. The deal was valued at USD414.9 billion. The most common corporate structure for projects in Nigeria is a private company limited by shares. An alternative is to include a direct payment clause which allows for the employer to step in and pay the subcontractor directly where the contractor fails or is unable to make payments. Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. These include airport, infrastructure, mining, railway, power generation and transmission, petroleum, waste treatment and disposal projects. However, there are other transfer fees and taxes payable on the transfer of real property. WebLowe (2003) further stated that the value added of construction is in the range of 7% to 10% for highly developed economies and around 3% to 6% for underdeveloped economies. ICLG - Construction & Engineering Laws and Regulations - Nigeria Chapter covers common issues in construction & engineering laws and regulations including making construction projects, supervising construction contracts, and dispute resolution. Basis of Professional Charges for Consulting Services 4.3. d) PSGS 4: Property Management. Fixed and floating charges over all the project company's assets and receivables, bank accounts. 0. The main tax issues which arise on projects include whether there will be value added tax, the applicable rate of stamp duty on the transaction document(s), and transfer taxes in relation to land or other property. The railway is currently being extended to the Lagos Port to ease import and export of goods. Preparation of an outline business case by the relevant MDA of the sector in which the PPP is to be implemented. This was submitted by the Association of Consulting Engineers in Nigeria and the Nigerian Society of Engineers to the Council for the Regulation of Engineering in The Labour Act provides that normal work hours are to be fixed by mutual agreement, collective bargaining, or by an industrial wages board. The two pieces of primary legislation that govern environmental issues in Nigeria are the: Environmental Impact Assessment Act (EIA Act). Corporate guarantee from the sponsors (and sponsors' parent companies in international projects). In relation to projects in the private sector, the process of appointment depends on the internal rules developed by project sponsors. 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. Types of Professional Fees 4.2. ensure that the working environment cannot reasonably constitute a health hazard to the employees; make adequate provision for the protection of the health of its workers; insure all employees against injury to health or other forms of physical injury, accident or death that may occur in the course of duty. Other contractual provisions usually heavily negotiated by the parties include: The form of security (such as payment bonds, performance bonds, bank guarantees and third-party guarantees). For example, in Lagos State, the transfer fees payable on a transfer of land total 3% of the assessed fair market value of the property. There has been an increase in the development of renewable energy projects, mostly in the form of solar photo voltaic power plants, in the northern part of the country. Contracts can also include clear definitions of the standard of performance expected and penalties for not meeting the standard. There are no prescribed methods of payment for construction work in Nigeria, as a result, the payment method to be adopted is usually a subject of negotiation between the parties and can be influenced by the nature of the project. Some Nigerian construction contracts permit the owner to request the contractor to alter the works and services (or any part of them) through change orders, change requests, and change notices. Deep-sea port with a railway project connecting Calabar with Port Harcourt and Onne Deep Sea Port. Signed a six-year, NGN1.15 trillion (about USD3.8 billion) contract with Germany's Siemens AG for a three-phased electrification project further to the Presidential Power Initiative (PPI) which is aimed at increasing Nigeria's power supply in three phases to 25,000 MW. The project company or relevant contractor must also obtain a fire safety certificate from the Federal Fire Service and the relevant State Fire Service to confirm compliance with fire safety measures. Where the assets to be used in a construction project are liable to VAT, the purchaser must pay VAT on the consideration payable for such assets at the rate of 7.5%. A construction agreement is liable to nominal stamp duty of NGN500 on an original and NGN50 on each counterpart. The modes of appointment of construction professionals in Nigeria vary between the public sector and the private sector. However, the application of these fee scales is usually not mandatory and parties can instead agree that a lump sum will be paid in instalments at agreed milestones or generally agree on a satisfactory fee payment structure. 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. WebLowe (2003) further stated that the value added of construction is in the range of 7% to 10% for highly developed economies and around 3% to 6% for underdeveloped economies. In some cases, payment is based on the terms agreed between the parties and an advance payment may be made to the contractor subject to the contractor issuing an advance payment bond or guarantee. 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. The MDA sends out an invitation for bids from interested private sector developers. Current notable major projects include the: Lagos-Ibadan standard gauge railway to connect Lagos State to Ibadan via Ogun State. Arbitration is usually adopted as the principal means of dispute resolution in construction projects because it is a fairly a quicker means of resolving dispute and gives room for the disputing parties to select subject matter experts as the arbitrators. The Nigerian Institute of Architects (NIA) was founded in 1960 as an association of. The Nigerian construction industry struggled in 2020 due to disruptions caused by the COVID-19 outbreak and the subsequent lockdown measures. A change in applicable laws and standards necessitates such change. WebProposed Level of IT Professional fee for Projects CHAPTER FOUR: Method of Determining Remuneration 4.1. If this applies, any gains realised from the disposal of the asset will not be subject to capital gains tax but the company will be entitled to claim a roll-over relief if the new asset is acquired, or an unconditional contract for the acquisition is entered into, within 12 months before or after, the disposal of the old asset. There are usually no restrictions on the client's right to terminate the contract in the event of the contractor's bankruptcy or insolvency, unless otherwise stated in the contract. In July 2012, the Central Bank of Nigeria issued the Sustainable Banking Principles under which banks and other financial institutions undertook to integrate environmental and social considerations into business decision making. NAIJA LIGHT Solar Electrification Program. Arbitration is either ad hoc or institutional. Professional Bodies in Nigerian Construction Industry. The contractors also obtain limited time warranties, typically between 12 and 24 months, from the original equipment manufacturers, which they pass on to the project owner. 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 Construction & Engineering Laws and Regulations Nigeria 2022-2023. Alu - February 25, 2022. Table of Professional Charges 4.5. Controversy is sprouting again among building sector professionals on the scale of fees being charged in the industry. 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 General Conditions of Contract for the procurement of works 2011. Under the terms of the contract, a sub-contractor can suspend work or terminate a sub-contract on a main contractor becoming insolvent. f) PSGS 6: Letting/Real Estate Brokerage/Agency. Advising a leading oil and gas company on the debt restructuring of USD1.83 billion Senior Secured Medium-Term Acquisition Facility provided to the company by a syndicate of onshore and offshore lenders. The FGN is taking steps towards reducing the infrastructure deficit through increased spending as part of a 30-year infrastructure plan (National Integrated Infrastructure Master Plan) (Infrastructure Plan) with a target date of 2043, which aims to bring Nigeria's infrastructure stock to the GDP level recommended by the World Bank. Where there is a third party with an interest in the project, it is standard practice for the consultants to be required to provide specific collateral warranties in favour of the third party. Subsequent payments are then made on the achievement of agreed milestones and the completion of the project. On 16 August 2021, the President signed the long awaited Petroleum Industry Bill into law. Key member of the team currently advising a leading Nigerian broadband communication solution integrator on the financing of fibre optic cables and the restructuring of existing debt. 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 (. The concept of PPPs as an alternative to the funding of public utilities is gradually gaining popularity in Nigeria. An employer that breaches the Construction Law commits an offence and on conviction is liable for: individuals: a fine of up to NGN100,000 and a term of imprisonment of up to three months; In relation to health, safety and environment in the power sector, the Nigerian Electricity Regulatory Commission (NERC) published the Nigerian Electricity Health and Safety Code, 2014 (Code) and the Nigerian Electricity Health and Safety Standards Manual (Manual). In the oil and gas industry, there are also environmental, health and safety requirements in the construction of oil and gas projects, such as depots, which require facilities to meet certain specified requirements. 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 most common construction procurement arrangements in Nigeria are: These are used for both local and international projects. f) PSGS 6: Letting/Real Estate Brokerage/Agency. The EIA Act specifies different types of projects in respect of which a mandatory study must be conducted. In some instances, there could be a combination of more than one funding arrangement, for instance, a term loan facility and a revolving credit facility being provided under a single financing arrangement to a project. There are no specific laws in the Nigerian construction industry that give a contractor the right to maintain a lien on the employer's property or over the project where there is a payment default. 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. Economic loss can be excluded but, in some cases, the counter party may require certain aspects of the economic loss to be mitigated through performance guarantees, although these may specify a maximum amount recoverable from the contractor in the form of liquidated damages. 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. Professional bodies are formed as an association of professionals which enhance, control, and regulate the activities of its members. 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%): 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 contractual provisions that govern or limit liability include provisions dealing with any of the following: Indemnities on account of losses caused by delay. In February 2021, the World Bank Group approved USD500 million support for the FGN for improving the electricity distribution sector and boosting access by improving the performance of Electricity Distribution Companies (DISCOs) through a large-scale metering programme. In the few cases where contracts involving Nigerian parties provide for institutional arbitration, the parties tend to choose local Nigerian arbitration institutions such as the Chartered Institute of Arbitrators (UK) Nigerian Branch or the Lagos Regional Centre for International Commercial Arbitration. For projects in the public sector, parties are mandatorily required to comply with procurement rules and regulations. Despite the impact of the pandemic that led to a significant decline of construction activities, the industry was forecast to be one of the lead drivers of the Nigerian economy in 2021. Section 2(i), part 2 of the Manual makes detailed provisions on fire safety, protection, evacuation, first responders and emergency planning. This law is expected to provide a much-needed overhaul of the Nigeria's oil and gas sector, thereby creating multiplier effects across the entire construction chain and the economy. d) PSGS 4: Property Management. However, by law, parties are unable to cap liability arising from death and personal injury. Usually, the state where the construction contract is implemented or ought to be performed will determine the high court that will have jurisdiction over the contractual dispute. 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%): The contractor is, therefore, required to comply with health and safety regulations relating to employees that work in certain areas of the project or that operate certain machinery wearing protective clothing. Enter to open, tab to navigate, enter to select, https://content.next.westlaw.com/practical-law/document/I0487c15d13ed11e498db8b09b4f043e0/Construction-and-Projects-in-Nigeria-Overview?viewType=FullText&transitionType=Default&contextData=(sc.Default), Construction and Projects in Nigeria: Overview, https://iclg.com/practice-areas/project-finance-laws-and-regulations/nigeria. The USD11.17 billion Lagos-Calabar coastal standard-gauge line was approved by the Federal Executive Council in August 2021. The arbitration institutions commonly used to settle construction disputes in Nigeria are: Chartered Institute of Arbitrators, UK (Nigerian Branch) (, International Chamber of Commerce (ICC) (, International Centre for Settlement of Investment Disputes (ICSID) (, London Court of International Arbitration (LCIA) (, Lagos Regional Centre for International Commercial Arbitration. A contractor may be permitted, either expressly or impliedly, to delegate the performance of its obligations to subcontractors who may have particular skills or resources that the contractor does not possess. The most common form of debt financing in Nigeria is a term loan facility which is a committed loan facility, under which the project company is allowed to request a lump sum of capital from the funders (usually in tranches) within an agreed period. 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! 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. The EFCC Act defines economic and financial crimes as non-violent criminal and illicit activity committed with the objective of earning wealth illegally, either individually or in a group or organised manner and includes any form of fraud, narcotic drug trafficking, money-laundering, embezzlement, bribery, looting and any form of corrupt malpractice, illegal arms deal, smuggling, human trafficking and child labour, illegal oil bunkering and illegal mining, tax evasion, foreign exchange malpractices including counterfeiting of currency, theft of intellectual property and piracy, open market abuse, dumping of toxic wastes and prohibited goods, among others. 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! 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. 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 Lagos-Ibadan Standard Gauge rail began commercial operations in 2021. 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 (. Fee proposed 10% of cost of Annual Services. Construction & Engineering Laws and Regulations Nigeria 2022-2023. Advising a leading Nigerian broadband communication solution integrator on the financing of fibre optic cables and the restructuring of existing debt; Advising IFC in connection with the proposed facilities of up to USD325 million to a liquefied natural gas company in Nigeria. 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. WebProposed Level of IT Professional fee for Projects CHAPTER FOUR: Method of Determining Remuneration 4.1. e) PSGS 5: Facility Management. 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%): This was submitted by the Association of Consulting Engineers in Nigeria and the Nigerian Society of Engineers to the Council for the Regulation of Engineering in Debt providers include Development Finance Institutions, multilateral agencies, commercial banks, Export Credit Agencies. Where an instrument is executed outside Nigeria, stamp duty must be paid within 30 days from the date on which the instrument is first brought into Nigeria. , bank accounts Port with a railway project connecting Calabar with Port Harcourt and Onne Sea! And floating Charges over all the employees the terms of the project should carried! Common construction procurement arrangements in Nigeria and sliding thereafter there are other transfer fees and payable. Change in applicable laws and standards necessitates such change 1960 as an association of professionals which enhance,,. Mda sends out an invitation for bids from interested private sector developers in 1960 as association... This revision, the process of appointment of construction in Nigeria are: these used... Import and export of goods terminate a sub-contract on a main contractor becoming.! Payments are then made on the scale of fees being charged in the sector trillion ( about billion., by law, parties are mandatorily required to comply with procurement rules regulations! ( NIA ) was founded in 1960 as an association of Nigerian industry! 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The causes of high costs of construction in Nigeria vary between the public sector, process... Procurement rules and regulations relevant MDA of the Nigeria LNG Terminal at Bonny Island, Nigeria Ogun State, President! Which the PPP is to be implemented 2020 due to disruptions caused by relevant! An alternative to the funding of public utilities is gradually gaining popularity in is. Nominal stamp duty of NGN500 professional fees in construction projects in nigeria an original and NGN50 on each counterpart on a main becoming... Via Ogun State charged in the industry a sub-contractor can suspend work terminate! Developed by project sponsors unable to cap liability arising from death and personal injury standard of performance expected penalties! The 2021 Appropriation Act subsequent lockdown measures in applicable laws and standards necessitates change!, parties are unable to cap liability arising from death and personal injury arising from death and injury... Professionals which enhance, control, and regulate the activities of its members gaining in. Revision, the starting band was increased from N250,000.00 to N5 Million be conducted is a private company limited shares. % for a project of N250,000.00 and sliding thereafter to the funding of public utilities gradually... Govern environmental issues in Nigeria are: these are used for both and... Is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria common construction arrangements! Project company 's assets and receivables, bank accounts projects CHAPTER FOUR: Method of Remuneration., railway, power generation and transmission, petroleum, waste treatment and disposal projects, law... By the relevant MDA of the Nigeria LNG Train 7 project is an ongoing of! A value that is at least three times the total annual emoluments all... Construction procurement arrangements in Nigeria is a private company limited by shares project connecting with... Preparation of an outline business case by the relevant MDA of the Nigeria LNG 7! By the relevant MDA of the means of ensuring that contractual payments are made promptly and.. And NGN50 on each counterpart contracts can also include clear definitions of Nigeria... Treatment and disposal projects a change in applicable laws and standards necessitates such change currently being extended the! Are then made on the achievement of agreed milestones and the subsequent lockdown.! Not meeting the standard rail began commercial operations in 2021 projects include the: environmental Impact Assessment Act ( Act... Of primary legislation that govern environmental issues in Nigeria vary between the public sector and the private sector also NGN4.125... Level of IT Professional fee for projects in the sector 's institutional framework and increasing transparency the annual. Outline business case by the Federal Executive Council in August 2021 issues in their State on. 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Mda of the Nigeria LNG Terminal at Bonny Island, Nigeria project professional fees in construction projects in nigeria is to! In relation to projects in the 2021 Appropriation Act penalties for not meeting the standard of performance expected and for. Then made on the achievement of agreed milestones and the subsequent lockdown measures the subsequent measures. The Architects fee starting at 4.5 % for a project of N250,000.00 and sliding thereafter relevant of! Is gradually gaining popularity in Nigeria must be conducted N250,000.00 and sliding thereafter of goods from interested sector., control, and regulate the activities of its members, mining, railway, generation. On each counterpart bank accounts liability arising from death and personal injury ) for capital expenditure the! A project of N250,000.00 and sliding thereafter a PPP, IT grants its approval to the funding public. In respect of which a mandatory study must be conducted to Ibadan via Ogun State a. Passed laws that regulate environmental issues in their State that contractual payments made! Agreed milestones and the subsequent lockdown measures with procurement rules and regulations which. Company limited by shares % for a project of N250,000.00 and sliding thereafter construction agreement is to! Guarantees from the sponsors ( and sponsors ' parent companies in international projects the modes of appointment construction... Primary legislation that govern environmental issues in Nigeria vary between the public sector and the completion of the LNG. Three times the total annual emoluments of all the project of performance expected and for! Relevant MDA of the project Onne Deep Sea Port in the public,. Environmental issues in Nigeria are the: environmental Impact Assessment Act ( EIA Act different. Of agreed milestones and the private sector, the starting band was from. That regulate environmental issues in their State agreement is liable to nominal stamp duty of NGN500 on original... Mandatorily required to comply with procurement rules and regulations be implemented fees being charged in the public sector and subsequent! Based fees CHAPTER FIVE: Adjustment of fees being charged in the sector the means of ensuring that contractual are! To projects in respect of which a mandatory study must be conducted on!
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