The Consultant responsible for the Design of a project should normally be retained to provide Contract Administration and Engineering Review During Construction. In circumstances where a Consultant is retained to perform these services on a project for which the drawings and specifications were prepared by others, it is recommended the fee be on a Time Basis.
For all special services and conditions the Consultant and Client should mutually determine the appropriate fee basis to be used. The following guidelines reflect the principle described in Section 2 that the Time Basis should be used in circumstances where the scope of the assignment is not well defined. In circumstances where the amount of work involved in the special service can be accurately predicted, the Fixed Fee Basis is also appropriate.
3.1 EXTRA WORK
Services required beyond the agreed scope of assignment regardless of the original basis of fee should be negotiated on a Time Basis as described in Section 2.
3.2 RE-USE OF DRAWINGS AND SPECIFICATIONS
The design represented by drawings and specifications prepared under the supervision and control of a professional engineer and stamped by him is his responsibility indefinitely. Fees for the use of the design by the original Client as described in this Guideline are intended to cover one project only. Re-use of the design on subsequent projects by the same Client or by another Client requires permission by the professional engineer and permit holder who stamped the drawings.
Payment for modifications to a design to accommodate different conditions encountered on a second project should be made on a Time Basis. Fees to cover professional responsibility resulting from second and subsequent re-use of the design should be the subject of negotiation for each re-use. The Fixed Fee negotiated should reflect the complexity of the design and the exposure to risk that arises from its re-use.
In circumstances where the fee is on a basis other than a Time Basis and delays beyond the Consultant's control cause an increase in the cost of the services provided by the Consultant, the additional costs should be paid for on a Time Basis.
3.4 ABANDONMENT OF PROJECT
If the project is abandoned or suspended, through no fault of the Consultant, the value of the service supplied by the Consultant should be determined on a Time Basis and should include an appropriate allowance for costs resulting from the suspension.
3.5 ALTERNATIVE DESIGN
When a Client requires the Consultant to prepare design for alternatives beyond the scope of assignment originally agreed to, the fee for all extra work required to prepare the alternative designs, should be on a Time Basis.
3.6 TRAVEL TIME
Payment for Travel Time should be negotiated taking into account the variations in circumstances from one project to another. The following are guidelines:
1. Payment for Travel Time should be covered in the agreement
2. The agreement details with respect to Travel Time should take into account individual project circumstances and include economics, convenience and special considerations.
A written Agreement should be prepared which covers as a minimum the scope of assignment, schedule of execution, basis of fee and payment conditions. A guideline for such a Client/Consultant Agreement is available at the APEGGA offices. Other Agreement formats are available at the offices of the Consulting Engineers of Alberta.
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