Professional Documents
Culture Documents
LEGAL CAPACITIES
&
LIABILITIES OF
PARTIES
The Employer/
Client
Contractors /
Sub-Contractors
Contractors/Sub-Cotractors
In traditional contracting system, main contractors are
contracts with the employer while the professional service
who named in main contract are not parties to the contract
but in separate contract of service.
Subsidiary of contractor company who have been awarded the
project may be required to submit a parent company
guarentee.
A contractor limited liability company has no benefit for the
employer to go against the claim that lead to winding-up the
contractor company, even though the shareholders and
director may have personal assets.
Professional Services
Services provided by professional quantity surveyors:
Preparation of preliminary cost estimates and cost plans of the development project.
Advise on cost estimates in relation to design development of a project.
Advise on procurement, tendering and contractual procedures and arrangement.
Preparation of B.Q or specification document for tendering purposes.
Organize the calling of tenders.
Evaluation of tenders received in the form of tender reports.
Preparation and execution of the formal contract.
Interim valuation of works in progress on site for purposes of interim payments.
Preparation of financial statement of regular intervals during the construction period.
Settlement of the final accounts of the project.
Supplementary Services
Supplementary services provided by quantity surveyor:
Preparation of feasibility studies of a project.
Projection of estimated project or development expenditure and anticipated income cash flows.
Evaluation of contractors registered for prequalification
Comparative cost studies on the economics of the project during design stage.
Project management of construction project.
Life-cycle costing and studies on economics of alternative design.
Pricing of B.Q or negotiating and agreeing schedule of rates.
Valuation or auditing of contractual claims for arbitrations litigation cases.
Valuation or auditing of insurance claims for fire damages buildings.
Auditing of contracts and their related budgets and expenditure.
Application of the full scope of quantity surveying services in Turnkey or Privatisation
Contracts.
Quantity Surveyors
act 1967
Question
1. If the Employer company (limited liability company) had
gone to winding-up and left nothing, does the contractor has
benefit to go against his claim to the employer for his work
done?
Question
What do they normally test in the Test of Professional
Competence (TPC)?
-The minimum period of two years professional experience mentioned above shall include
professional experience in specified and approved areas of work under the supervision of a
registered Quantity Surveyor; and
- Submission of practical tasks as directed by the Joint Test of Professional Competence Panel;
and
- A written test related to the professional experience that he has obtained and the Code of
professional conduct; and
- A professional interview conducted by at least two examiners appointed by the Joint Test of
Professional Competence Panel from time to time;
- Any other form of test or assessment of professional competence as the Joint Test of
Professional Competence Panel may decide from time to time. or
GUIDELINES ON THE
APPOINTMENT &
TERMINATION OF
SERVICES OF CONSULTING
QUANTITY SRVEYORS
A. Appointment of Consulting
Quantity Surveyors (CQS)
Clause 28 provides the following
obligations for the CQS:
(1) Before accepting any appointment, RQS
shall notify his client in writing of the
prevailing terms and conditions in the MOA
between Client & CQS For Professional Quantity
Surveying Services as issued by the Board.
(2) Within 30 days of the receipt of the written
confirmation of the appointment of the RQS as
CQS, RQS shall notify the Board of such
appointment by submitting to the Board a copy
of letter of appointment/MOA duly signed
between him and his client
A. Appointment of Consulting
Quantity Surveyors (CQS)(Contd)
RQS is advised to follow the following steps before embarking on the
project:
(i) inform Client of the existence of the Boards MOA which includes the AOA, General
Conditions of Engagement & the Schedule of Fees.
(ii) agree with the Client on the scope of the QS services, whether full or partial,
which will decide the Schedule of Fees for the project. However, the MOA shall be the
basis of working out the amendments to suit the scope of the services by the QS
(iii) obtain a Letter of Appointment prior to the execution of the MOA.
(iv) submit to the Board the particulars on the project.
(v) amendment made to the MOA either as a deletion, addition and revision to the
clauses, must be initiated by both parties.
(iv) The MOA must be signed by both parties and stamped; the Original copy kept by
the Client & a stamped copy retained by the CQS.
B. Termination Of Appointment of
Consulting QS
BQSMs standard MOA makes
provision for the termination of the
CQS by the Client & vice-versa.
If the termination is in accordance
with the provisions of the Agreement,
the CQS will have to follow the
procedures contained in the
document.
If the CQS wish to appeal/challenge
the validity of the termination, action
must be initiated early.
THE END