Another right of the client is to take physical possession of and secure the site. 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). The private sector has also shown an increased appetite for investment in real estate. In addition to the EIA Act, the Environmental Guidelines and Standards for the Petroleum Industry in Nigeria (EGASPIN), which apply specifically to the oil and gas industry, requires an EIA to be carried out when constructing certain oil and gas facilities, including oil and gas pipelines, crude oil production facilities, tank farms, hydrocarbon processing facilities, product depots, waste treatment/disposal facilities and so on. 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). WebFee is to be negotiated subject to a minimum of N50,000=. If passed, the proposed legislation will establish a framework for Nigerian professionals to be given preference in the implementation of construction projects in Nigeria. The General Conditions of Contract for the procurement of works 2011. Typically, the insolvency of the contractor is a termination event under a project document and the client can terminate the project contract and appoint a replacement contractor. WebThis 1978 document had the architects fee starting at 4.5% for a project of N250,000.00 and sliding thereafter. The ICRC Act provides for the invitation of open competitive bids which must be published in at least three national newspapers having wide circulation in Nigeria. The two pieces of primary legislation that govern environmental issues in Nigeria are the: Environmental Impact Assessment Act (EIA Act). Failure of the project to meet the performance standards. Escrow arrangements whereby contract prices are paid into escrow accounts held by third party banks or financial institutions for release on specified conditions also operate as a form of payment security for the contractor. However, engineering, procurement and construction contracts typically include a payment schedule. Generally, a contractor has no obligation to personally perform all the works involved in the project unless expressly obliged under the agreement. Guidelines for the Development of Local Content in the Nigerian Electricity Supply Industry. Where the FGN or any of its agencies is a party to the proceedings or where the dispute relates to the executive, administrative or managerial action or inaction of the FGN (other than a simple breach of contract), the Federal High Court would have jurisdiction. 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 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. National Environmental (Standards for Telecommunications and Broadcast Facilities) Regulations, SI No. Advance Fee Fraud and Other Related Offences Act 2006. 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: 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. Improving power supply reliability to meet growing demand. There are 3 stages of payment. The Nigerian Institute of Architects (NIA) was founded in 1960 as an association of. Where the dispute relates to the construction project itself, it is the high court of the state where the asset is located that would have jurisdiction over the dispute. 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. Arbitration is either ad hoc or institutional. The EIA Act sets out the principles, procedure and methodology for determining the environmental effects of public and private projects. The continuing expansion of Nigeria's middle class has made investments in condominiums and shopping malls a popular choice for private capital. Including provisions that require interest on delayed payments is also one of the means of ensuring that contractual payments are made promptly and diligently. Expatriate Quota Approvals are granted on a temporary basis, usually for two to three years and can be renewed up to five times for up to 10 years in some instances. The Abuja Metro Rail, the Abuja-Kaduna Rail and the 327 kilometre Itakpe-Ajaokuta-Warri Rail projects were completed in 2020. However, by law, parties are unable to cap liability arising from death and personal injury. However, Nigeria currently builds just 2,000 houses per year. However, Nigeria currently builds just 2,000 houses per year. The concept of PPPs as an alternative to the funding of public utilities is gradually gaining popularity in Nigeria. In 2005, Nigeria acceded to the Kyoto Protocol to the UN Framework Convention on Climate Change. 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. Failure to stamp an instrument will render it inadmissible as evidence in any civil proceedings before any Nigerian court. 30 days after execution where an instrument is liable to an ad valorem rate. Basis of Professional Charges for Consulting Services 4.3. Contracts for the KanoJibia and Port Harcourtaiduguri lines were confirmed by the Federal Executive Council. A Q&A guide to construction and projects law in Nigeria. The standard document for PPP is a concession agreement which is executed between the relevant government agency and the private sector participant. 2.50% Balance 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 scope of such caps is usually fixed by commercial terms with the relevant acceptable exclusions, which may be extended beyond the norm, based primarily on the risk allocation mechanism of the project. However, if the Nigerian national is an engineer, engineering technologist, engineering technician, engineering craftsperson, or builder, they must register with either the Council for the Regulation of Engineering in Nigeria (COREN) or the Builders Council under the Builders Registration Act (. 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. Some of the arbitration rules that can be adopted by the parties to govern their arbitration proceedings include the: Arbitration and Conciliation Act, Cap A18, Law of the Federation of Nigeria 2004 (ACA). 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. Change in law risk. On the basis of the President's directive that every seaport should have complementary rail infrastructure, we expect to see more developments in this sector in other states in the medium to long term. f) PSGS 6: Letting/Real Estate Brokerage/Agency. Member of the team that advised Consolidated Infrastructure Group Ltd. on due diligence and project structuring for its investment in the development of an 8.5 MW dual fuel power project in Delta State. 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. 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. The contractual provisions that govern or limit liability include provisions dealing with any of the following: Indemnities on account of losses caused by delay. The NESREA Act also regulates the effect of a project on the environment. Fee proposed 10% of Gross Rent Payable. 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: The EIA must be approved by the Department of Petroleum Resources (DPR). Table of Professional Charges 4.5. 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. byNicholas Okafor, Adeola Sunmola, Victor Samuel and Chisom Okolie, Udo Udoma and Belo-Osagie. Percentage Fee Scales 4.4. WebFee is to be negotiated subject to a minimum of N50,000=. In this revision, the starting band was increased from N250,000.00 to N5 Million. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. 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 Preparation of an outline business case by the relevant MDA of the sector in which the PPP is to be implemented. 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. There are other non-compulsory insurance products, such as erection all risk insurance, that a contractor or project company will typically procure. This is, however, a contractual right and can only be exercised if it is included in the project document. 23, 2011. The Federal Government of Nigeria (FGN) is committed to growing the infrastructure industry including modernising and expanding the existing power production capacities in the country, both on-grid and off-grid. The USD11.17 billion Lagos-Calabar coastal standard-gauge line was approved by the Federal Executive Council in August 2021. This paper concerns an investigation into the causes of high costs of construction in Nigeria. Rules of the Chartered Institute of Arbitration (UK). Advised NG Power-HPS Limited in connection with the acquisition of majority shares in First Independent Power Limited. In relation to projects in the private sector, the process of appointment depends on the internal rules developed by project sponsors. In practice, an eight to nine-hour working day is the norm. Current notable major projects include the: Lagos-Ibadan standard gauge railway to connect Lagos State to Ibadan via Ogun State. 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. The Labour Act provides that normal work hours are to be fixed by mutual agreement, collective bargaining, or by an industrial wages board. 2.50% Balance However, in international projects, the project company is usually wholly owned by the sponsors through a holding company incorporated in a tax-friendly jurisdiction. 0. Implementing clear policies that promote and encourage investor confidence in the sector. 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 repayment of the loan is structured in accordance with a repayment schedule by way of amortisation, or very rarely, a bullet repayment. There are usually provisions incorporated in the project documents to enable the consultants terminate the contract in the event of the contractor's insolvency. f) PSGS 6: Letting/Real Estate Brokerage/Agency. 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). The VAT Act 2004 (as amended) and the Finance Act 2020 impose VAT on the value of the consideration for the supply or purchase of goods and services in Nigeria except where those goods and services are expressly exempted from the tax. In most contracts for the construction of process plants, liability is usually capped at 25% of the contract price. The project owner typically takes the following risks: Risk of ground conditions, including any archaeological discoveries or ionisation and contamination of the soil. Some projects are procured as wrapped-around engineering, procurement and construction projects. 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. 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. Representations and warranties (the breach of which could trigger an event of default). Some contracts also include provisions permitting the contractor to initiate a change proposal where the contractor considers that: A request by the client will have a technical or financial impact on the project. Section 2(i), part 2 of the Manual makes detailed provisions on fire safety, protection, evacuation, first responders and emergency planning. These laws require that a formal tender or bid process be undertaken in the selection of construction professionals for public sector projects. Some of the penalties under Nigerian anti-corruption laws include the following: The Corrupt Practices Act prescribes a penalty of seven years imprisonment for any person who, being a public official: corruptly asks for, receives or attempts to receive or obtains any property or benefit of any kind before or after doing or omitting to do something in an official capacity; gives, confers or procures, or promises or offers to give, confer, procure or attempt to procure, any property or benefit of any kind to or for a public officer, or any other person on account of any act performed in an official capacity. It also includes provisions on the bidding process, bid security, evaluation of bids. 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. Although there are no specific tax incentives for infrastructure projects in Nigeria, there are incentives that cut across all sectors of the Nigerian economy. Parties to construction contracts in Nigeria typically negotiate their contracts on the basis of a draft prepared by their advisers including lawyers. Preliminary EIA to be carried out at the end of the concept selection studies. Alu - February 25, 2022. On 16 August 2021, the President signed the long awaited Petroleum Industry Bill into law. Service fees are also liable to VAT at 7.5%. The relationships between employers, contractors and subcontractors are typically governed by ordinary principles of contract law. Advised Actis on its investment in the 459 MW Azura-Edo gas fired independent power plant in Edo State. Fee proposed 10% of cost of Annual Services. The Harmful Wastes Act criminalises the unlawful carriage, deposit or possession of harmful waste in Nigeria, its territorial waters or exclusive economic zones. Covenants, representations and warranties. Deep-sea port with a railway project connecting Calabar with Port Harcourt and Onne Deep Sea Port. Construction & Engineering Laws and Regulations Nigeria 2022-2023. 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. 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 Stamp Duties Act 2004 (as amended) requires stamp duty to be paid on instruments executed in Nigeria or relating to any property situated in Nigeria or matter to be done in Nigeria. The Lagos-Ibadan Standard Gauge rail began commercial operations in 2021. 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. In February 2021, at commissioning of a 1.12 MW Captive Solar Hybrid Power Plant at the Abubakar Tafawa Balewa University, Bauchi which was executed under the Energizing Education Programme (EEP), the FGN stated that Nigeria intends to have 30% of its electricity supply from renewables by the year 2030. 11, 2011. The parties through their project documents usually provide for a dispute resolution mechanism to be adopted in the event of dispute. In Lagos State, under the Construction Workers Safety Law (. Fixed and floating charges over all the project company's assets and receivables, bank accounts. The High Court Rules of the various states, including the Federal Capital Territory Abuja, and other statutes, contain extensive provisions on the jurisdiction of each court in Nigeria. 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. Foreign engineering consultants and firms can only be engaged when the required services are rendered in collaboration with firms licensed to provide such engineering services in Nigeria (. 40 days after execution of the instrument, where an instrument is liable to stamp duty at a nominal rate. Renewable Energy Village in Kakuri, Kaduna State. Final EIA to be prepared and approval obtained at the end of detailed engineering design but before the commencement of any construction activities. For projects in the public sector, parties are mandatorily required to comply with procurement rules and regulations. There are 3 stages of payment. Advised Kepco Energy Resources Limited, the joint venture company established by the Sahara Energy Group and Korea Electric Power Corporation, in connection with its acquisition of a 70% equity interest in Egbin Power Plc. Under these rules. Data provided by the National Bureau of Statistics (NBS) shows that the construction sector grew by only 1.42% in Q1 2021 from 1.21% in Q4 2020. The interest payment on a loan to fund a construction project is an allowable deduction before arriving at the taxable profits. The PPA also requires procurement to be conducted in a manner that is: Equitable for ensuring accountability and conformity with its provisions (with the aim of achieving value for money and fitness of purpose). WebConstruction projects are generally not exempt from VAT, and are liable to VAT at 7.5%. Legal or equitable mortgage on all of the project company's interest in the project site, land and buildings and fixed plant and machinery. 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Houses per year NG Power-HPS Limited in connection with the acquisition of majority shares in First Independent Limited! % for a project of N250,000.00 and sliding thereafter had the architects fee starting at 4.5 % for project...
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