Full professional service
A full professional service by a Consulting Engineer to a Client for a project comprises five main stages, as follows:
1. investigation and report
2. detailed design and preparation of contract documents
3. arranging a contract
5. acceptance of Works, commissioning of systems, and resolution of final account.
In performing services, the principal duty of a Consulting Engineer is to render faithfully those which are entrusted to him, and the remuneration he receives is solely that paid by his Client.
A Consulting Engineer who undertakes only some of the services comprised in a full professional service, is not in a position to take responsibility for the performance or consequence of those which are not entrusted to him.
Payment for services-during-construction
Payment for services-during-construction should be based on the duration and scale of the project, except for payment for resident site staff. That should be based on the staff numbers, categories and duration that in the event prove to be required. Although the services of the Consulting Engineer may include his recommendation as to the numbers and categories of resident site staff required for the proper discharge of resident services-during-construction, and the duration for which they are required, nevertheless, the actual requirements will depend partly on considerations outside his control, such as the performance of the Contractor, the time taken to complete the Works, any particular requirements of the Client, and specific details of the construction contract as finally adopted.
Therefore, FIDIC recommends as follows:
1. The Consulting Engineer should recommend to his Client the advantages of a full professional service providing continuity from inception to completion of a project.
If the Client does not accept this recommendation, the Consulting Engineer should analyse and agree with his Client, before accepting an appointment for partial services, on the allocation of responsibilities for the different services respectively, and the procedures to be adopted for any independent checking or repetition of previous services that may be required.
2. The Consulting Engineer should recommend to his Client the advantages of the Consulting Engineer undertaking entire service-during-construction with delegated authority to exercise comprehensive powers under the construction contract, as the agent of the Client, and authority to act as independent arbiter on matters properly referred to the Consulting Engineer for decision under the construction contract.
If the Client does not accept this recommendation, the Consulting Engineer should analyse and agree with his Client, before proceeding with the services, on the allocation of responsibilities for the various duties respectively, between the Client and the Consulting Engineer, between the Client and the Contractor, and between the Consulting Engineer and the Contractor, all of which should be recorded in writing.
3. Remuneration for services-during-construction should comprise two main parts:
1. payment for all services other than resident site staff, on the basis of a retainer per month, or on the basis of a percentage of the cost of the Work
2. payment for resident site staff at man-month rates plus mobilisation payments.
In addition, payments to the Consulting Engineer should include reimbursement of out-of-pocket expenses and other disbursements incurred by the Consulting Engineer in connection with the services, unless they are included by agreement in the above payments.
The financial arrangements should also provide for revisions, from time to time, of the retainer, man-month and mobilisation rates, depending on the duration of the required services, or if they should be required after the originally intended completion date.