Do parties typically engage consultants? What forms are used?
In some circumstances – mainly for new constructions and renovations requiring a building permit (although some exceptions do exist) – it is obligatory to work with an architect. The latter shall, in compliance with the Act of 20 February 1939 on the protection of the title and the profession of architect, establish the necessary drawings and supervise the execution of the works.
Parties typically engage a range of consultants including engineers (structural, mechanical, electrical), architects, design consultants and project managers.
The Sultanate of Oman Standard Conditions of Engagement for Consultancy Services for Building and Civil Engineering Works (first edition 1987) is the standard form of consultancy agreement generally used by public authorities but parties are at liberty to agree to use other standard forms (such as the FIDIC White Book).
The parties usually engage consultants, such as architects and engineers, to do design work, supervisory control of the work and sometimes project management. The majority of consultancy contracts are based on ABR 89.
Yes they do. Primarily by means of private contracts.
According to the Construction Law, the employer (service user) and the contractor (i.e. the consultancy construction services provider) may use the Construction Contract, which may cover either the entire or partial services activity including the assessment, planning, drafting, monitoring, and construction organization management over a building (Note: for procurement phase, please see Question No. 9 above).
It depends on the nature and the complexity of the construction project, but it is common for parties to engage consultants.
For privately funded projects, there are no specific prescribed forms to use and the parties may agree based on the principles of freedom of contract but subject to the minimum requirements as mentioned in Question no. 2.
For projects funded by APBN, the Ministry of PWPH has regulated a form of standard contract (which will be used as reference) in undertaking construction and consultancy works.
Contractors usually engage consultants in order to advise on legal and/or technical matters. There is a Chamber of Consultants that has a strong presence in the engineering and construction sector.
It is very usual in both, the private and public sectors, that parties engage a wide variety of consultants for the advisory and the legal, financial and technical structuring of construction projects, as well as for the contractual audits. It is commonly used, as well, the professional opinion of independent engineers.
Parties generally engage consultants. In particular, if the construction works are voluminous, it is common that the principal appoints a third party as project manager, to assist him within the construction works (as a decision support), to follow the progress of the construction works and to represent him during the works towards the contractor(s) and the agents (architect, engineers). The principal concludes a so-called “principal’s assistant” agreement or “principal’s representative” agreement with a so-called “assistant to the contracting authority”, which is a mandate within the meaning of articles 394 to 406 CO.
Consultants are regularly engaged across the planning, design and construction phases of a project, depending on the project size and complexity. Consultants may be engaged by the principal, or by the contractor under a D&C model. Standards Australia and other professional bodies issue standard forms for engagement of consultants, although bespoke contracts are also used.
Professional consultants are widely used, especially by the party responsible for the design. Depending of what is needed for the relevant project, it may include architects and special engineers.
Yes. Very few employers and contractors have in-house capacity for design work, therefore engaging architects and technical consultants for such work. Project management consultants are also used. There is a standard form for consulting services, ABK 09, which is used for almost all consultancy contracts in the Swedish construction industry. ABK 09 is adapted to the standard forms for construction, AB 04 and ABT 06.
Consultants typically are engaged. As mentioned in the answer to Question 6 above, the composition of the project team is tailored to fit each project. The consultant team usually ranges from a quantity surveyor who is the specialist on measurement and cost, to consultant civil, structural and mechanical engineers who work with the architect on certain specialised areas of the design. The form used to engage the consultants varies depending on the type of consultant engaged and the corresponding scope of work. The contractual relationship with the consultant may also be tailored depending on the method of procurement selected for that project.
The employer often engages an external project manager to manage the project and administer the contract (though sometimes the latter role is taken on by the architect) and a firm of cost consultants (known as “quantity surveyors”) to value the works.
A project will also typically have a design team, likely consisting of an architect, various engineers (e.g. structural, mechanical, electrical, process) and, if relevant, an interior designer. On larger projects, specialist consultants may also feature, with expertise in environmental, geotechnical, IT, or other matters.
The contractor will have people in equivalent roles, though typically in-house.
Standard forms of professional appointment are produced by ACE, RIBA and RICS. However, for major projects, most clients use bespoke appointments.
Consultants are routinely engaged by parties to a construction project to perform a variety of roles, often in a specialized capacity. Owners typically hire construction managers to provide advice on defining the programmatic requirements for the Project, including coordinating the design, administering the contracts, ensuring proper documentation and inspection of the work being performed. The Owner may retain other consultants including architects, engineers, and cost consultants.
Save for bigger construction works, the parties still tend to save money by not engaging consultants.
The majority of larger projects in the UAE follow the traditional procurement method, which means an Employer will normally have a full professional team supporting it.
Typically, an Employer will have an architect, civil/structural engineer, and mechanical/electrical engineer among its professional team. It is common for one of these parties to adopt the “Engineer” role under the FIDIC suite and take on the contract administration and project management responsibilities as well, although Employer’s can engage specialists to fulfil these non-design roles.
It is a legal requirement for a project to have an “architect of record”. As a result, key consultant appointments such as the architect and engineering positions are usually contracted on comprehensive standard forms; the FIDIC White Book is popular.
In Germany parties usually engage law firms that are highly specialized in public procurement law. However, not many firms have more than one or two lawyers with profound expertise in this area.
Parties will usually engage advisors. One should distinguish here between legal advisors, tax advisors and technical consultants.
Yes, in France, several consultants will be engaged for a construction project, including the project managers (if any), the members of the design team, the health and safety coordinator, the technical controller, etc. (see answer to question 6 above).
Some forms of consultants contracts exist (for instance the French order of the architect issued several forms of architect contracts), but their use is not systematic.
With respect to the health and safety coordinator and the technical controller, their contracts are generally standard form provided by the consultant, with little room for amendments.
Large-scale construction projects are typically supervised by independent third parties, directly engaged by the Employer through a separate contract. Such technical consultants (usually engineers) are assigned with monitoring the compliance of the construction process with the contractual terms and technical specifications, as well as the applicable legislation. As already mentioned above, the lenders in project financed projects typically engage their own financial, technical and legal advisors. On the other hand, the supervision of the public works is assigned by law to the Supervising Authority (Article 136 of Public Procurement Law). Further, Art. 128 of Public Procurement Law sets out the conditions upon which the engagement by the parties of professional advisors for the implementation of major projects is permitted.
The Government Tenders and Procurement Regulation of 2006 makes appointment of a supervising engineer mandatory, and state-owned corporations tend to follow this in practice.
The decision to engage a consultant, although common, is still very much dependent on the nature and complexity of the project.
Typically, an architect will be assisted by engineers from various fields (i.e. mechanical, electrical, chemical, geotechnical). Interior designers are often involved as part of the consultant team for housing development. Projects likely to have a significant impact on the environment may require the involvement of environmental consultants.
The forms of contract used to appoint consultants differ according to the type of services offered and the scope of work. Architects are required to adopt the standard conditions of engagement (including the minimum scale of fees) as prescribed under the Architects Act 1967 and its subsidiary legislation. The Board of Engineers Malaysia similarly provides a standard form for the appointment of consultants.