For
all special services and conditions, the Consultant and Client should
mutually determine the appropriate fee basis to be used. the following
statements 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. The
Consultant responsible for the design of a project should normally be
retained to provide Contract Administration and Review During Construction.
In circumstances where a Consultant is retained to perform these services
on a project of which the drawings and specifications were prepared by
others, it is recommended the fee be on a Time Basis. Services
required beyond the agreed scope of assignment regardless of the original
basis of fee should be negotiated on a Time Basis or Fixed Fee Basis as
appropriate. 3.3 RE-USE OF DRAWINGS AND SPECIFICATIONS Fees for the use of a design prepared by or under the supervision and control of a professional engineer or architect 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 member and Permit Holder who stamped the drawings (see Appendix E). Modifications to a design to accommodate different conditions encountered on subsequent projects should normally be undertaken on a Time Basis fee. Professional
liability resulting from re-use of design documents should be considered
in negotiating fees for each re-use. In circumstances where a design is
provided for items such as structural connections or trusses to be mass
produced, the fee negotiated should take into account the exposure to
risk associated with the use of the designed product. 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 Consultants, the additional costs should
be paid for on a Time Basis. 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. Payment
for Travel Time should be negotiated, taking into account the variations
in circumstances from one project to another, and included in the agreement. 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 included in Appendix
F. |