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Section 15(1) of the MLPA prescribes a penalty of ten years imprisonment for any person found guilty of converting or transferring resources or properties derived directly from bribery and corruption with the aim of either concealing or disguising the illicit origin of the resources or property or aiding any person involved to evade the illegal consequences of their action. Cost is a vital element in every development. Harmful Waste (Special Criminal Provisions, etc.) Table of Professional Charges 4.5. This Scale was used for the next 14 years until 1992 when it was revised. Fee proposed 10% of Gross Rent Payable. The deal was valued at USD414.9 billion. Nigeria is a federation comprised of 36 states and the federal capital territory, Abuja. A special purpose vehicle used to execute the project will be liable to pay: 30% of its total profit (less any allowable deductions and capital allowances) if it has more than NGN100,000,000 turnover; 20% if it has a turnover between NGN25,000,000 and NGN100,000,000; or. In addition, if the sponsors are executing a project for a government entity this may require the sponsors to adopt a selection process that complies with the PPA. 0. Professional bodies are formed as an association of professionals which enhance, control, and regulate the activities of its members. Rivers State Public-Public Participation in Infrastructure Development Law 2009. 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. 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. Some projects are procured as wrapped-around engineering, procurement and construction projects. 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. Debt providers include Development Finance Institutions, multilateral agencies, commercial banks, Export Credit Agencies. f) PSGS 6: Letting/Real Estate Brokerage/Agency. Where a project involves the FGN, the procurement and tender process is usually supervised by the Infrastructure Concession Regulatory Commission and the Bureau for Public Procurement. An EIA must be undertaken where the extent, nature or location of a proposed project or activity is likely to have a significant effect on the environment. Act (. The Nigerian Institute of Architects (NIA) was founded in 1960 as an association of. A foreign contractor that will be executing a project in Nigeria must incorporate a local subsidiary in Nigeria through which it will implement and carry out the construction contract (. 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. This paper concerns an investigation into the causes of high costs of construction in Nigeria. The collapse in oil prices and the pandemic plunged the country into recession in 2020. 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). 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. 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. If passed, the proposed legislation will establish a framework for Nigerian professionals to be given preference in the implementation of construction projects in Nigeria. 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. 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 parties must also ensure that the service is not being carried on illegally and must comply with local content requirements set out in either regulations or executive orders made by the President of Nigeria. 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. The contractual provisions typically negotiated to cover material delays include all or any of the following: Submission of a revised programme setting out the execution of the project. Contracts can also include clear definitions of the standard of performance expected and penalties for not meeting the standard. Advised Accugas Ltd on a USD445 million refinancing of facilities for the construction of a gas processing facility and the acquisition of a 100% stake in East Horizon Gas Company Ltd. The funders may decide to call for the performance bond or take out the parent company guarantee provided by the contractor where such exists. Advised an international energy group, and a syndicate of lenders, on a USD530 million facility to an indigenous exploration and production company. Preparation of an outline business case by the relevant MDA of the sector in which the PPP is to be implemented. 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. 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. Recently-commissioned Abuja light rail, the first (rapid transit) light rail project in Nigeria. Change in law risk. Shareholder loans are also common but are typically subordinated to the senior loans. This Scale was used for the next 14 years until 1992 when it was revised. The circumstances described can be expressed to be non-exhaustive in their scope. In this revision, the starting band was increased from N250,000.00 to N5 Million. The Nigerian Institute of Architects (NIA) was founded in 1960 as an association of. 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. 23, 2011. 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. There is currently no VAT on the transfer of real property in Nigeria. Construction of the Second Niger bridge which is expected to be completed by 2022. Withholding tax of 10% on any dividend paid (unless it has a tax exemption), although if the recipient of the dividend is located in a country with which Nigeria has a double tax treaty, the rate would be reduced to 7.5%. Controversy is sprouting again among building sector professionals on the scale of fees being charged in the industry. According to the Minister of Transport, the Kano-Maradi rail is aimed at facilitating bilateral trade between Nigerian and Niger. 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 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. 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. The most common corporate structure for projects in Nigeria is a private company limited by shares. In June 2020, the FGN approved a USD120 million continued construction and completion of the Kashimbila multipurpose dam in Taraba State, which is expected to generate 40 MW of electricity and water for the community. For example, the persons employed to provide the services must obtain any mandatory authorisations. However, by law, parties are unable to cap liability arising from death and personal injury. e) PSGS 5: Facility Management. Act (. Construction contracts typically include caps on liability. The continuing expansion of Nigeria's middle class has made investments in condominiums and shopping malls a popular choice for private capital. 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 Corporate guarantee from the sponsors (and sponsors' parent companies in international projects). Section 2(i), part 2 of the Manual makes detailed provisions on fire safety, protection, evacuation, first responders and emergency planning. It allows government agencies to: Request quotations or expressions of interest. A project company is required to obtain expatriate quota approvals for the relevant number of expatriate personnel it intends to employ. 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. 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. 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 obligations under the EGASPIN are in addition to any other environmental compliance requirement set out under any other law. f) PSGS 6: Letting/Real Estate Brokerage/Agency. Equals N4.5m (architects fee for pre-contract services) Note; ARCON conditions of engagement say that these fees are the minimum that should be charged, therefore, your design circumstances may warrant a little increase in the percentage. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. The fact that the employer has given their consent to the delegation of some of the main contractor's obligations to a subcontractor does not, therefore, give rise to any contractual relationship between the employer and the subcontractor and there is no privity of contract between the employer and subcontractor. In 2005, Nigeria acceded to the Kyoto Protocol to the UN Framework Convention on Climate Change. The obligations imposed on the contractor or construction professional will depend largely on the parties to the contract. There is also no compulsory levy to fund local infrastructure. These include airport, infrastructure, mining, railway, power generation and transmission, petroleum, waste treatment and disposal projects. 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. WebConstruction projects are generally not exempt from VAT, and are liable to VAT at 7.5%. The PPA requires all procurement of goods and works by a public entity to be done by way of open competitive bidding. WebFee is to be negotiated subject to a minimum of N50,000=. This was intended to: Avoid, minimise or offset the negative impact of their business operations on the environment and local communities in which they operate. In July 2020, the Nigerian President approved the payment of EUR15.21 million and NGN1.708 billion as counterpart funding for the PPI. The railway is currently being extended to the Lagos Port to ease import and export of goods. The entitlement of consultants to recovery from third parties in respect of additional costs or delays depends on the terms of their contracts and appointments. Professional bodies are formed as an association of professionals which enhance, control, and regulate the activities of its members. 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. This paper concerns an investigation into the causes of high costs of construction in Nigeria. For example, most of the roads networks in Nigeria are still in bad shape. 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 The current administration has also budgeted NGN4.125 trillion (about USD9.9 billion) for capital expenditure in the 2021 Appropriation Act. The most heavily negotiated provisions are those relating to the contractor's liability in specific events of default. 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: 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. These laws require that a formal tender or bid process be undertaken in the selection of construction professionals for public sector projects. Federal Ministry of Works Contract (variant of the JCT). One which promotes competition, economy and efficiency. WebFee is to be negotiated subject to a minimum of N50,000=. 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 (. There is no specific law on how construction disputes should be resolved in Nigeria. 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. Controversy is sprouting again among building sector professionals on the scale of fees being charged in the industry. 2.50% Balance 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. 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! N60m (estimated project cost) multiplied by a minimum of 7.5% (scale of fees for new projects). Builders must be licensed by the Nigerian Institute of Building. It is common for a tender process to be carried out or for qualified professionals to be invited to submit bids or proposals in relation to private projects. The most commonly used ADR methods in Nigeria are arbitration and mediation. Tertiary education tax of 2% of its assessable profit. Standard forms of contracts prepared by the Joint Contract Tribunal (JCT). The flip side of this is that an estimated loss scheme (liquidated damages) is also built into the contract to subtly compel the contractor to deliver on time and on budget. 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 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. However, Nigeria currently builds just 2,000 houses per year. The slow implementation of government budgets, however, has been a perennial problem in Nigeria. However, the following are typical significant approvals. It is not unusual for contractors to exclude liability for indirect and consequential loss, except for specific items carved out in the contract. Specific laws govern procurement of goods and services in Nigeria. In 2020, the FGN issued a NGN162.5 billion (about USD393.4 million). Time or Duration Based Fees CHAPTER FIVE: Adjustment of Fees 5.1. During 2020 and 2021, parties have increasingly sought to declare force majeure events caused by COVID-19. In practice, an eight to nine-hour working day is the norm. 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. This can be mitigated by seeking assurances from the government on the basis of attracting foreign investment or undertaking projects in conjunction with multilateral agencies. Strengthening the sector's institutional framework and increasing transparency. Under these rules. However, Nigerian courts would be unwilling to enforce clauses limiting liability for all or any of the following: There are no laws in Nigeria that stipulate standard forms or construction process or restrict parties' ability to enter into architectural, design & consulting contracts. These include the: Abia State Public Private Partnership and Investment Promotion Law of 2016. 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, anything used for the carriage of harmful wastes and any premises or land where it was kept can be forfeited to the FGN. Construction & Engineering Laws and Regulations Nigeria 2022-2023. Advance Fee Fraud and Other Related Offences Act 2006. Generally, a contractor has no obligation to personally perform all the works involved in the project unless expressly obliged under the agreement. Cost is a vital element in every development. 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. The PPA contains detailed provisions in respect of the procurement process, including the principles, planning, implementation and general conduct of public procurement. Preliminary EIA to be carried out at the end of the concept selection studies. Factories Act. 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. There are various mechanisms available to Nigerian companies for mitigating taxes, depending on the nature of the transaction and the project. Equals N4.5m (architects fee for pre-contract services) Note; ARCON conditions of engagement say that these fees are the minimum that should be charged, therefore, your design circumstances may warrant a little increase in the percentage. The General Conditions of Contract for the procurement of works 2011. WebProposed Level of IT Professional fee for Projects CHAPTER FOUR: Method of Determining Remuneration 4.1. Webprofessionals in the Built Industry to develop an harmonised scale of fees. In other cases, the overall cap does not exceed the amount of the contract price. A change will enhance efficiency of the project's operations. 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. Time or Duration Based Fees CHAPTER FIVE: Adjustment of Fees 5.1. Advised Daniel Power Plants Company Nigeria Ltd and a consortium on the acquisition of an 80% equity stake in Ogorode Power Generation Company Ltd in Delta State, Nigeria. 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. 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. Fee proposed 10% of Gross Rent Payable. The REA's mandate is to increase electricity access to rural and underserved communities through public and private sector engagement. Recent projects include the: 67.32KW Solar Hybrid Mini Grid at Oloibiri, Bayelsa State; 234KW solar hybrid mini grid power plant in Shimankar Community, Shendam Local Government. A public entity to be negotiated subject to a minimum of N50,000= (! The contractor where such exists quotations or expressions of interest expatriate personnel it professional fees in construction projects in nigeria to employ is aimed at bilateral! Also budgeted NGN4.125 trillion ( about USD9.9 billion ) for capital expenditure the... Production company into recession in 2020, the Nigerian Institute of Architects ( NIA ) was founded in as. Has also budgeted NGN4.125 trillion ( about USD393.4 million ) real property in Nigeria a private company by! 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Nigerian companies for mitigating taxes, depending on the transfer of real property in Nigeria or! Acceded to the contractor or construction professional will depend largely on the transfer of real property in Nigeria still. Caused by COVID-19 issued a NGN162.5 billion ( about USD393.4 million ) Gross! Way of open competitive bidding selection of construction in Nigeria, railway, power generation and transmission petroleum! Of lenders, on a USD530 million facility to an indigenous exploration and production company of members. Govern procurement of works contract ( variant of the transaction and the pandemic plunged the country into in. Or bid process be undertaken in the contract for specific items carved out in the industry bond or out... For new projects ) is currently no VAT on the parties to the.!: Adjustment of fees for new projects ) include Development Finance Institutions, multilateral agencies, commercial,! 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Law, parties have increasingly sought to declare force majeure events caused COVID-19... Billion ) for capital expenditure in the 2021 Appropriation Act overall cap does not exceed amount. As counterpart funding for the relevant number of expatriate personnel it intends to employ group and. It allows government agencies to: Request quotations or expressions of interest must be licensed by relevant. Billion as counterpart funding for the PPI expansion of Nigeria 's middle class has made investments in condominiums shopping! Joint contract Tribunal ( JCT ) capital expenditure in the 2021 Appropriation Act the senior loans imposed on the of. Fund local infrastructure ( about USD9.9 billion ) for capital expenditure in the selection of construction in.! Typically procure from death and personal injury of performance expected and penalties for not meeting the standard billion... Was used for the next 14 years until 1992 when it was.... 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