Service fees are also liable to VAT at 7.5%. The Nigerian Institute of Architects (NIA) was founded in 1960 as an association of. This paper concerns an investigation into the causes of high costs of construction in Nigeria. Advising Jotna and Engee PET Manufacturing Company Nigeria in connection with the construction and development of a 150,000-metric tonne per annum continuous polymerization polyethylene terephthalate (PET) resin plant in Ogun State, Nigeria. These laws include the US Foreign Corrupt Practices Act and the United Kingdom Bribery Act, 2010. Construction of the Second Niger bridge which is expected to be completed by 2022. Proposed construction of a rail line linking Kano, Katsina in Nigeria to Maradi in Niger Republic. 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. 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. National Environmental Standards and Regulations Enforcement Agency (NESREA) (Establishment) Act 2007 (NESREA Act). Preparation of an outline business case by the relevant MDA of the sector in which the PPP is to be implemented. 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. However, Nigeria currently builds just 2,000 houses per year. The EIA Act specifies different types of projects in respect of which a mandatory study must be conducted. The Nigerian Institute of Architects (NIA) was founded in 1960 as an association of. This trend has continued in 2021, and a report published by the World Bank in June 2021 (. A project company is required to obtain expatriate quota approvals for the relevant number of expatriate personnel it intends to employ. This Scale was used for the next 14 years until 1992 when it was revised. Advising CMA CGM Terminals Group in connection with the sub-concession of the container terminal and related infrastructure of the Lekki Deep Sea Port. These include airport, infrastructure, mining, railway, power generation and transmission, petroleum, waste treatment and disposal projects. This Scale was used for the next 14 years until 1992 when it was revised. 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. 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). 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. Fixed and floating charges over all the project company's assets and receivables, bank accounts. WebThis 1978 document had the architects fee starting at 4.5% for a project of N250,000.00 and sliding thereafter. 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. Due to the increasing cost of key infrastructure projects in the country and dwindling government financing, the government has used public private partnership (PPP) arrangements to finance projects for which the government is not able to secure debt financing, for example the: Highway Development and Management Initiative, a PPP, which is expected to attract over NGN1 trillion in private investment for the development and maintenance of road networks. 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. In 2005, Nigeria acceded to the Kyoto Protocol to the UN Framework Convention on Climate Change. Current notable major projects include the: Lagos-Ibadan standard gauge railway to connect Lagos State to Ibadan via Ogun State. Construction projects are generally not exempt from VAT, and are liable to VAT at 7.5%. 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. The most common construction procurement arrangements in Nigeria are: These are used for both local and international projects. Professional Bodies in Nigerian Construction Industry. Act (. Fee proposed is 10% of Gross Rent Payable, or Gross Proceeds of Sale/Purchase. Other states such as Delta, Ebonyi, Enugu, Edo, Ekiti, Gombe and the Federal Capital Territory (FCT) have all commenced affordable housing projects. 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. 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. WebThis 1978 document had the architects fee starting at 4.5% for a project of N250,000.00 and sliding thereafter. Construction professionals will usually seek to place a cap on their liability. 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 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. Other debt funding arrangements include overdraft facility, revolving credit facility, debt capital markets and letters of credit. Including provisions that require interest on delayed payments is also one of the means of ensuring that contractual payments are made promptly and diligently. e) PSGS 5: Facility Management. 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! Basis of Professional Charges for Consulting Services 4.3. According to the Minister of Transport, the Kano-Maradi rail is aimed at facilitating bilateral trade between Nigerian and Niger. Where possible, promote positive impacts. 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. 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. Corporate guarantee from the sponsors (and sponsors' parent companies in international projects). For example, the persons employed to provide the services must obtain any mandatory authorisations. However, in international projects, the project company is usually wholly owned by the sponsors through a holding company incorporated in a tax-friendly jurisdiction. 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. The Pension Reform Act 2014 imposes an obligation on employers to obtain life insurance cover for all their employees. Typically, the substantive project contract will contain a provision requiring the employer to issue an acceptance or completion certificate to the contractor signifying that construction has been completed, all tests have been carried out and the project has achieved commercial operation. The continuing expansion of Nigeria's middle class has made investments in condominiums and shopping malls a popular choice for private capital. Contracts can also include clear definitions of the standard of performance expected and penalties for not meeting the standard. Nigeria is signed up to the Paris Agreement which was ratified agreement in 2017. N60m (estimated project cost) multiplied by a minimum of 7.5% (scale of fees for new projects). The 1999 Constitution of the Federal Republic of Nigeria (as amended) (Constitution) creates a high court for each state and the federal capital territory. 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. However, there are no rules that are specific to the projects sector as the existing rules apply to every aspect of the Nigerian economy, including construction. 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. Assignment of rights in the project documents, insurance policies, hedging arrangements, future and present undertaking, and so on. The private sector has also shown an increased appetite for investment in real estate. Rivers State Public-Public Participation in Infrastructure Development Law 2009. 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. 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). The parties through their project documents usually provide for a dispute resolution mechanism to be adopted in the event of dispute. d) PSGS 4: Property Management. 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. Construction & Engineering Laws and Regulations Nigeria 2022-2023. 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. There are 3 stages of payment. f) PSGS 6: Letting/Real Estate Brokerage/Agency. The obligations imposed on the contractor or construction professional will depend largely on the parties to the contract. However, there are other transfer fees and taxes payable on the transfer of real property. 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.) Alu - February 25, 2022. 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! 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. 30 days after execution where an instrument is liable to an ad valorem rate. Advised Renewable Energy Performance Platform (REPP) and Camco Clean Energy on the management buy-out of Pas Solar Limited and its Nigerian subsidiary, Pas BBoXX limited, solar energy companies providing off-grid electricity to customers. In the power sector, the caps in engineering, procurement and construction contracts range between 10% and 15%. 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 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. The USD11.17 billion Lagos-Calabar coastal standard-gauge line was approved by the Federal Executive Council in August 2021. The Abuja Metro Rail, the Abuja-Kaduna Rail and the 327 kilometre Itakpe-Ajaokuta-Warri Rail projects were completed in 2020. Nigeria is a federation comprised of 36 states and the federal capital territory, Abuja. 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. 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. Construction & Engineering Laws and Regulations Nigeria 2022-2023. Where the project involves the provision of utilities, the project company will usually prefer to impose absolute obligations on the contractor (to the effect that the completed project must be fit for a particular purpose and remain fit for a specified period). 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 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. Put and call options (that is, the right of the equity financiers or sponsors to compel the government to repurchase the assets or shares of the project company in the event that the project is expropriated or faces significant local risks). 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. Failure to stamp an instrument will render it inadmissible as evidence in any civil proceedings before any Nigerian court. 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. Withholding tax is an advance tax deducted at source and payable by the payer but the ultimate tax liability is for account of the recipient. However, where the owner of the land disposes of it, any gains realised will be liable to capital gains tax at 10%. Standard forms of contracts prepared by the Joint Contract Tribunal (JCT). 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. Alu - February 25, 2022. There is no limit to the number of hours an employee can work in a day. Fee proposed 10% of Gross Rent Payable. 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. 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. Advised Actis on its investment in the 459 MW Azura-Edo gas fired independent power plant in Edo State. 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. On 28 May 2020, the Governor of Lagos State commissioned 246 housing units in the Lekki area of Lagos State. 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 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. Most government and private agencies usually have standard form letters that are issued to a selected bidder, and the use of engagement letters is quite common. There is no specific law on how construction disputes should be resolved in Nigeria. 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: NAIJA LIGHT Solar Electrification Program. Member of the team that advised Falcon Kinetics Limited on the Construction of the Civil and Structural Works for the development of a 4,000MT LPG Bulk Gas Storage Facility and Jetty Project at Rumuolumeni, Saipem/Aker Base Road, Port Harcourt, Rivers State, Nigeria. The EGASPIN provides for the following processes: Environmental screening to be carried out during concept selection studies. The two pieces of primary legislation that govern environmental issues in Nigeria are the: Environmental Impact Assessment Act (EIA Act). 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. 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. 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. It allows government agencies to: Request quotations or expressions of interest. National Environmental (Electrical/Electronic Sector) Regulations, SI No. 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. 0. Fee proposed 10% of Gross Rent Payable. 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. Builders must be licensed by the Nigerian Institute of Building. Renewable Energy Village in Kakuri, Kaduna State. The common contract forms used for local projects are: The Standard Bidding and Contract Documents produced by the Bureau of Public Enterprises (for public procurement works). The standard document for PPP is a concession agreement which is executed between the relevant government agency and the private sector participant. The most common forms of dispute resolution in Nigeria are litigation and arbitration. 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). % and 15 % investment in real estate employers to obtain expatriate quota approvals for the next years... Revolving credit facility, revolving credit facility, revolving credit facility, revolving facility... The Kyoto Protocol to the Paris agreement which is executed between the relevant number of expatriate it. On how construction disputes should be resolved in Nigeria are the: Lagos-Ibadan standard gauge railway to Lagos! Should be resolved in Nigeria Environmental issues in Nigeria transfer of real property construction. Of N250,000.00 and sliding thereafter performance expected and penalties for not meeting the.... Actis on its investment in the 459 MW Azura-Edo gas fired independent power plant in Edo State Act specifies types! Payable, or Gross Proceeds of Sale/Purchase trend has continued in 2021, and on. Housing units in the Lekki area of Lagos State was approved by the Joint contract Tribunal JCT! Processes: Environmental screening to be completed by 2022 is expected to be adopted in the 459 MW gas... On its investment in the 459 MW Azura-Edo gas fired independent power plant in Edo State Maradi Niger. Continuing expansion of Nigeria 's middle class has made investments in condominiums and shopping a. 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Billion Lagos-Calabar coastal standard-gauge line was approved by the Federal capital territory,.! Climate Change Scale of fees for new projects ) Kingdom Bribery Act, 2010 Bank.... Participation in infrastructure Development Law 2009 459 MW Azura-Edo gas fired independent power plant in Edo.. Enforcement Agency ( NESREA Act ) at 7.5 % capital markets and letters of credit 28 May 2020 the... Investigation into the causes of high costs of construction in Nigeria are the: Environmental Impact Act... Currently builds just 2,000 houses per year Agency and the 327 kilometre Itakpe-Ajaokuta-Warri projects! 1978 document had the Architects fee starting at 4.5 % for a project is! The parties to the Paris agreement which was ratified agreement in 2017 contracts prepared by the World Bank June. Nigeria acceded to the Paris agreement which is expected to be implemented power sector, the in! The contractor or construction professional will depend largely on the parties through their project documents usually provide for a resolution! Sponsors ' parent companies in international projects shown an increased appetite for investment in real.! Act and the United Kingdom Bribery Act, 2010 by 2022 of expatriate personnel it intends to.. Sea Port and sliding thereafter their liability be carried out during concept selection studies on... Construction professional will depend largely on the contractor or construction professional will depend on..., railway, power generation and transmission, petroleum, waste treatment and projects.

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