CONDITION OF ENGAGEMENT (ENGINEER)

1. 4.0 Scope of liability

1.1. Engineer has certain liabilities for errors and omissions the indemnification to be paid by the Engineer shall only be based on the seriousness in character thereof

1.2. The Engineer has no liability for any part of the Works not designed by him or under his responsibility, or for any damage resulting from any act of the Client, the Contractors or the suppliers

1.3. The Engineer has no liability for the proper construction of the works

1.4. The Engineer shall maintain at his own cost a minimum professional indemnity insurance cover as generally determined by his volume of work and a minimum of ten percent of turnover.

2. 3.0 Payment

2.1. Payments shall be made by the end of the month following the month of billing

2.2. Overdue balances shall be subject to a monthly interest charge

3. 5.0 Disputes

3.1. mediation

3.2. arbitration

4. 7.0 Ownership and copyright of documents

4.1. All of the Engineer’s reports, research, original drawings, specifications, data and other documents are and shall remain the property of the Engineer

4.2. The Client is entitled to a copy of the reports, research, designs, engineering drawings, specifications, data and other documentsfor record purposes only.

4.3. The Engineer may also supply the client with any reports and drawings in secured uneditable electronic format.

5. 9.0 Termination

5.1. The Client may terminate the Agreement at any time by written notice to the Engineer.

5.2. The Engineer may terminate this Agreement by written notice in the event that the Client breaches the terms of the Agreement

5.3. In the case of early termination, where either the Client or the Engineer terminates the Agreement, the Client shall immediately pay the Engineer for Services rendered to the date of termination.

6. 1.0 Role of engineer

6.1. services

6.1.1. advisory services

6.1.2. preliminary and detailed design services,

6.1.3. documentation and procurement

6.1.4. contract administration

6.1.5. project management and construction

7. 2.0 Role of client

7.1. The Client shall cooperate and shall not interfere with or obstruct the performance of the Services

7.2. The Client shall give his decision on all sketches, drawings,reports, recommendations, tender documents and other matters properly referred to him for decision by the Engineer in such reasonable time

7.3. The Client shall promptly provide all documentation and directions necessary to enable engineer to provide the Services.

7.4. The Client shall pay the Engineer for the services in accordance with the terms and conditions

8. 6.0 Variations

8.1. The Client may, in writing, order a change in the Scope of Works/Services

8.2. If at any time before the completion of the Works any part of the Works or the equipment therefrom shall be damaged or destroyed, the Client shall pay to the Engineer the appropriate remuneration for any additional work or expense resulting from such damage or destruction.

9. 8.0 Abandonment, Cancellation or Suspension of Services

9.1. If the project or any portion of the Engineering Services is abandoned or suspended in whole or in part, the Engineer shall be paid for the services rendered on account of such work in accordance with the Schedule of remuneration of the Engineer

10. 10.0 Fees

10.1. engineer must be paid based on the agreed amount

10.2. Should any changes be made subsequent to the agreed scope of works, a variation in cost may be applicable. Additional services required due to modification or alterations to the layout or scope of works due to circumstances