High debt-servicing costs and low tax revenue also left little scope for fiscal spending and new public projects. Rivers State Public-Public Participation in Infrastructure Development Law 2009. Nigeria is a federation comprised of 36 states and the federal capital territory, Abuja. Construction contracts do not differ for international projects. Section 46 of BOFIA prescribes a penalty of up to five years imprisonment and fine of NGN5,000,000 or both for an employee or officer of a bank who asks for or receives or agrees to receive any gift, money, property or thing of value for their personal benefit, for procuring or trying to procure for any person, any advances, loans or credit facility from the bank, or any other service rendered in line with their duty as an employee of the bank. The Central Bank of Nigeria (CBN) and the National Insurance Commission have also issued anti-money laundering regulations applicable to the banking and financial and insurance sectors respectively. Advised Actis on its investment in the 459 MW Azura-Edo gas fired independent power plant in Edo State. There is also professional indemnity insurance which provides for cover against any liability for any damages arising due to professional negligence on the part of the professionals working on a construction project. Alu - February 25, 2022. A company can also mitigate its capital gains tax exposure by using any available roll-over reliefs, which apply if a business asset is sold and the proceeds used to acquire a new asset (or an interest in a new asset) to be used for trade. Fixed and floating charges over all the project company's assets and receivables, bank accounts. Construction contracts typically include caps on liability. This clause requires a subcontractor to be paid within a specific period after the contractor has been paid that is make payment contingent on the contractor being paid. All contractors are also required to comply with the National Building Code 2006, which sets outs the standards to be observed in the construction of different types of projects. The PPA requires all procurement of goods and works by a public entity to be done by way of open competitive bidding. 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. Professional bodies are formed as an association of professionals which enhance, control, and regulate the activities of its members. 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. Fee proposed 10% of cost of Annual Services. Banks and Other Financial Institutions Act 2020 (BOFIA), Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act (. 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. 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. 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. 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. 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. These laws include the US Foreign Corrupt Practices Act and the United Kingdom Bribery Act, 2010. National Environmental (Electrical/Electronic Sector) Regulations, SI No. In some cases, a project company may procure a single project insurance package and by virtue of the project agreements, share the benefit of the insurance cover with different project service providers. Webprofessionals in the Built Industry to develop an harmonised scale of fees. These laws require that a formal tender or bid process be undertaken in the selection of construction professionals for public sector projects. Advising a leading energy company in connection with the restructuring of loan facilities worth an aggregated USD723 million, aimed at mitigating the impact of the devaluation of the Naira on its business. Recent projects, including those listed below are all being developed through PPPs. Harmful Waste (Special Criminal Provisions, etc.) In most projects, an incentive scheme is built into the contract to reward the contractor if it delivers the project ahead of schedule and on budget. 0. Tertiary education tax of 2% of its assessable profit. However, Nigeria currently builds just 2,000 houses per year. The REA's mandate is to increase electricity access to rural and underserved communities through public and private sector engagement. The working hours of all other employees are governed by their respective contracts of employment. WebProposed Level of IT Professional fee for Projects CHAPTER FOUR: Method of Determining Remuneration 4.1. 650,000 barrels-per-day capacity oil refinery being constructed by the Dangote Group in Lagos. 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. It is common for the funder to enter into a direct agreement with project sponsor/company and the contractor that will provide the funders with step-in rights to terminate the project contract with the contractor and appoint a replacement contractor. 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 Factories Act. 30 days after execution where an instrument is liable to an ad valorem rate. 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 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. Typically, third parties and end users are not parties to the construction contract(s) and cannot enforce an action for breach against the contractors for the designs and construction. 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. N60m (estimated project cost) multiplied by a minimum of 7.5% (scale of fees for new projects). A change in applicable laws and standards necessitates such change. Under Nigerian Law, certain professionals must have obtained the relevant licences to engage in construction projects: Engineers must be licensed by the Council for the Regulation of Engineering in Nigeria (COREN) under the Engineers (Registration, etc) Act) (, Quantity surveyors must be licensed by the Quantity Surveyors Registration Board of Nigeria under the Quantity Surveyors (Registration, etc.) 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. The insurance must have a value that is at least three times the total annual emoluments of all the employees. 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 (. Advised a syndicate of lenders in connection with the amendments to, and increase in the size of a loan of approximately USD530 million to Shoreline Natural Energy Resources Limited, a Nigerian oil and gas exploration and production company. Subsequent payments are then made on the achievement of agreed milestones and the completion of the project. 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. Currently leading the team advising a US company in connection with the development of a 30MW Coal fired power plant in Nigeria. Standard forms of contracts prepared by the Joint Contract Tribunal (JCT). Under the terms of the contract, a sub-contractor can suspend work or terminate a sub-contract on a main contractor becoming insolvent. 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%. Including provisions that require interest on delayed payments is also one of the means of ensuring that contractual payments are made promptly and diligently. 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. Fee proposed 10% of Gross Rent Payable. Legal or equitable mortgage on all of the project company's interest in the project site, land and buildings and fixed plant and machinery. Currently advising the project sponsors in connection with the 500 MW independent Gas Power Project proposed to be constructed by Oma Power Generation Limited in Abia State, Nigeria. The EGASPIN provides for the following processes: Environmental screening to be carried out during concept selection studies. A Q&A guide to construction and projects law in Nigeria. Advance Fee Fraud and Other Related Offences Act 2006. One of the functions of the Bureau of Public Procurement is to prepare and update standard bidding and contract documents. 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. There are usually no restrictions on the project sponsor's or the lenders' right to terminate the contract in the event of the contractor's bankruptcy or insolvency, unless otherwise stated in the contract. 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 Act provides that any person who deals with harmful waste without lawful authority is guilty of an offence. 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. This Scale was used for the next 14 years until 1992 when it was revised. 19, 2011. The structures explained above also apply to international projects. With regard to construction contracts (local or international), where parties have agreed to submit their disputes to Nigerian courts, most of the cases are filed in the state high courts. Controversy is sprouting again among building sector professionals on the scale of fees being charged in the industry. There is also no compulsory levy to fund local infrastructure. 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. The rates payable will depend on which of Nigeria's 36 states the real property is located in. The project contract usually contains provisions that require payment to be made for the demobilisation and repatriation of foreign personnel to their home countries. Types of Professional Fees 4.2. 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. The EIA Act makes it an offence for any person to embark on any activity or project that may have significant environmental effects, without having first undertaken, and submitted to the relevant government environmental agency, an Environmental Impact Assessment Report (EIA). 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. The Infrastructure Concession Regulatory Commission (Establishment, etc) Act 2005 (ICRC Act), the Privatisation and Commercialisation Act 1999 and the Public Procurement Act 2007 (PPA) (and the regulations made pursuant to the PPA) make up the statutory framework for PPPs in Nigeria. The company would also be liable to pay other applicable taxes and to make contributions to various funds such as the industrial training fund, employee compensation fund, and pension fund. 23, 2011. Table of Professional Charges 4.5. Advised New Electricity Development Company Ltd on the acquisition of Ikeja Electricity Distribution PLC. National Environmental (Standards for Telecommunications and Broadcast Facilities) Regulations, SI No. The EFCC Act prohibits anyone from concealing, removing from Nigeria or transferring to nominees, the proceeds of an economic and financial crime, on behalf of another, with the knowledge that such proceeds are as a result of criminal conduct by the principal. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. Corporate guarantee from the sponsors (and sponsors' parent companies in international projects). Arbitration is either ad hoc or institutional. Ibom Deep Seaport project, which is nearing realisation, following the opening of the bid process in Lagos which was won by Bollore Africa in November 2018. The Protocol has not yet been enacted in local legislation and, therefore, it is not yet being strictly enforced. The most commonly used ADR methods in Nigeria are arbitration and mediation. 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 relationships between employers, contractors and subcontractors are typically governed by ordinary principles of contract law. The principal feature of the EIA Act is that it specifically requires that any public or private sector project must not be undertaken or started without a determination of its environmental effects. 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 Any person who commits an offence by act or omission, aids another to commit an offence, or counsels or procures another to commit an offence is themselves guilty of the offence and liable on conviction to imprisonment for life. This trend has continued in 2021, and a report published by the World Bank in June 2021 (. 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. The collapse in oil prices and the pandemic plunged the country into recession in 2020. Sponsors and project developers often incorporate those requirements into a contract as part of the employer's requirements of the contractor. 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. The procurement legislation in Nigeria are set out in the Public Procurement Act 2007 (PPA) (including the Public Procurement (Goods and Works) Regulations 2007 and the Public Procurement (Consultancy Services) Regulations 2007 made under the PPA) and the Infrastructure Concession Regulatory Commission Act, 2005 (ICRC Act). 2.50% Balance In addition, the foreign nationals being employed must obtain a residence and work permit on entry into Nigeria to enable them to both live and work in Nigeria. The licences and other consents a project must obtain will depend on the industry. In many cases, the project company is a joint venture entity between a local sponsor and a foreign entity that will provide technical or management services to the project. 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. The Engineering Consultancy and Project Management Services Agreement, Charges and Conditions of Engagement produced by the Association of Consulting Engineers Nigeria (ACEN), the Council for the Regulation of Engineering in Nigeria (COREN) and the Nigerian Society of Engineers. However, there are other transfer fees and taxes payable on the transfer of real property. The client has the right to suspend payments to the contractor by issuing a pay less notice ,if this can be done, within the prescribed timeframe under the contract. In other cases, the overall cap does not exceed the amount of the contract price. There are 3 stages of payment. Nigeria LNG Train 7 project is an ongoing expansion of the Nigeria LNG Terminal at Bonny Island, Nigeria. This paper concerns an investigation into the causes of high costs of construction in Nigeria. 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 USD11.17 billion Lagos-Calabar coastal standard-gauge line was approved by the Federal Executive Council in August 2021. Change in law risk. Advised NG Power-HPS Limited in connection with the acquisition of majority shares in First Independent Power Limited. e) PSGS 5: Facility Management. 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. Professional Bodies in Nigerian Construction Industry. Preparation of an outline business case by the relevant MDA of the sector in which the PPP is to be implemented. In addition, the NMWA does not apply to establishments that employ less than 25 persons, or in which people are employed on a part-time or piece-rate basis. 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 (. It also includes provisions on the bidding process, bid security, evaluation of bids. Time or Duration Based Fees CHAPTER FIVE: Adjustment of Fees 5.1. The NESREA has primary responsibility of enforcing compliance with laws, guidelines, policies and standards on environmental matters in Nigeria, such as water quality, noise, ozone protection, air and atmospheric protection and has issued various regulations on compliance requirements. Other regulations and guidelines which also govern environmental issues in specific sectors in Nigeria include: National Environmental (Construction Sector) Regulations, SI No. f) PSGS 6: Letting/Real Estate Brokerage/Agency. In Nigeria, force majeure events are commonly classified into the following three categories: It is not enough for a party to allege that its inability to perform a contract is as a result of circumstances beyond its control. Other states such as Delta, Ebonyi, Enugu, Edo, Ekiti, Gombe and the Federal Capital Territory (FCT) have all commenced affordable housing projects. Parties to construction contracts typically agree the inclusion of provisions that permit the contract to continue, on the occurrence of events or circumstances that are not within the reasonable control of the parties and that could have a material adverse effect on their ability to perform their respective obligations. The concept of PPPs as an alternative to the funding of public utilities is gradually gaining popularity in Nigeria. The Borno state government has commenced an Owner Occupier scheme for 2,787 housing units in the state. Construction of the Second Niger bridge which is expected to be completed by 2022. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. 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. Cost is a vital element in every development. Establishing a contract-based electricity market. 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 Employee Compensation Act 2010 established the Employees' Compensation Fund (Fund) and requires every employer to make a minimum monthly contribution of 1% of its total monthly payroll into the Fund. This can be done as currently there are no thin capitalisation rules in Nigeria and parties can take advantage of this. 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. The private sector has also shown an increased appetite for investment in real estate. N60m (estimated project cost) multiplied by a minimum of 7.5% (scale of fees for new projects). Basis of Professional Charges for Consulting Services 4.3. 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. Strengthening the sector's institutional framework and increasing transparency. 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. For example, most of the roads networks in Nigeria are still in bad shape. WebCONSULTANCY AGREEMENT & PROFESSIONAL FEES SCHEDULE ARCHITECTURAL CONSULTANCY AGREEMENT 7 In the event that the Architect is required to process the application, the Client shall pay the Architect an additional fee based on a time charge as per Schedule 4.11 and expenses based on cost plus 10% in respect of the processing of such The Labour Act provides that normal work hours are to be fixed by mutual agreement, collective bargaining, or by an industrial wages board. 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. The project owner typically takes the following risks: Risk of ground conditions, including any archaeological discoveries or ionisation and contamination of the soil. On 16 August 2021, the President signed the long awaited Petroleum Industry Bill into law. 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