Moa Perunding Design & Built

JKR STANDARD FORM OF
AGREEMENT
FOR
CONSULTANCY SERVICES
BETWEEN
CONTRACTOR AND CONSULTANT
FOR
DESIGN AND BUILD CONTRACT
MAY 2004
CONTENTS
Pages
SECTION A - MEMORANDUM OF AGREEMENT ………………………… A1/3 - A3/3
SECTION B - CONDITIONS OF ENGAGEMENT …………………………. B1/16 - B16/16
SECTION C - SCOPE OF SERVICES FOR:
- CA : ARCHITECT …………………………………………… CA1/6 - CA6/6
- CE : ENGINEER …………………………………………… CE1/14 - CE14/14
- CQ : QTY. SURVEYOR ……………………………………. CQ1/3 - CQ3/3
SECTION D - SCHEDULE OF FEES FOR:
- DA: ARCHITECT ……………………………………………. DA1/17 - DA17/17
- DE: ENGINEER …………………………………………….. DE1/15 - DE15/15
- DQ: QTY. SURVEYOR …………………………………….. DQ1/19 - DQ19/19

SECTION A
MEMORANDUM OF AGREEMENT
Made the ……………………..day of …………………………………….20 …………………………
BETWEEN
………………………………………………………………………………………………………………
(hereinafter called “the Contractor”) of the one part
AND (1)……………………………………………………………………………………………………
PRACTISING AS (2)………………………… (Consultant’s Profession) at …………………….….

………………………………………………………………………………………………………………
under the style of (name of firm)
……………………………………………………………………………………………………………….
(hereinafter called “the Consultant” which expression includes the legal representatives,
successors in title and permitted assigns) of the other part.
WHEREAS the Contractor has entered into a Contract .No ………………………………….

made ……………day of ………………...20…… (hereinafter referred to as ‘the Contract’)
between the Government of …………………(hereinafter called ‘the Government’) of the one
part and the Contractor of the other part for the
……………………………………………………………………………………………………………….
.………………………………………………………………………………………………………………
(hereinafter called ‘the Project’).
(1)
Insert name of firm
(2)
Insert the relevant profesion e.g. quantity surveyor / architect / civil & structural engineer
A1/3
Revised
11.10.2002
AND WHEREAS the Contractor is desirous of appointing the Consultant to provide professional
(3)
…………………………………………………………………………………………………………..
services for the project within the scope of services as described in Appendix…………
NOW IT IS HEREBY AGREED as follows :
1.0 The Contractor hereby appoints the Consultant to provide the abovesaid professional
services for the Project subject to and in accordance with the Conditions of Engagement
hereinafter set out and the Consultant hereby accepts the appointment for the purpose
of providing services for the same subject to and in accordance with the Conditions of
Engagement.
2.0 This Memorandum of Agreement, the Conditions of Engagement and the Schedule of
Fees shall together constitute the Agreement between the Contractor and the
Consultant.
3.0 In consideration of the Consultant providing the professional services required, the
Contractor hereby agrees to pay the Consultant in accordance with the Schedule.
4.0 The intervals of payment shall be as per respective interim payment under the Contract.
(3)
State the Consultant’s services e.g. quantity surveying / architectural / civil & structural
A2/3
Revised
11.10.2002
IN WITNESS WHEREOF the parties have hereunto set their hands on the day year first above
written
SIGNED BY : ………………………………) ……………….................

...…………………………………………… .) Signature of Contractor
for and on behalf of
THE CONTRACTOR
In the presence of
(Witness)
Name : ……………………………………. )
Address : ………………………………….)
………………………………… )
…………………………..
………………………………… .) Signature of Witness
………………………………… .)
SIGNED BY : ……………………………. )
) ……………………………..
……………………………. .) Signature of Consultant
for and on behalf of )

)
)
)
…………………………………………… )
Seal or Chop of the Consultant
In the presence of
(witness)
Name:……………………………………..)
Address : …………………………………)
…………………………..
…………………………………) Signature of Witness
…………………………………)
A3/3
Revised
11.10.2002
SECTION B
CONDITION OF ENGAGEMENT
CONDITIONS OF ENGAGEMENT
for the
.....................................................................................................................................................
.....................................................................................................................................................
AGREEMENT for the above Project entered into on the ....... day of ....... 20.... by the
undersigned parties refers to these CONDITIONS OF ENGAGEMENT which shall be read and
construed as part of the Agreement.
............................................................ ........................................................…….
Signature of Consultant Signature of Contractor
Name in full: ....................................... Name in full:.......................... ..………….
In the capacity of : ............................. Designation:

............................………….
duly authorised to sign for and for and on behalf of the

on behalf of
.........................................................
Seal or chop of Consultant
Witness: .......................................... Witness: ...................................................
Name in full: .................................... Name in full: ............................................
Occupation: .................................... Designation: ............................................
Address: .........................................
..........................................
….......................................
B/i
Revised
11/10/2002
CONDITIONS OF ENGAGEMENT
1. DEFINITIONS
In this Agreement unless the context otherwise required the following expressions shall
have the meanings hereby assigned to them:
1.1 “Contract” means the contract signed between the Contractor and the Government.
1.2 "Contractor" means any person or persons, firm or company who has signed the
contract with the Government to perform Works or to supply goods in connection
with the Works or both under the said contract;
1.3 "Consultant" means the ..................................................................................*

engaged by the Contractor and approved by the P.D. to perform the professional
services;
1.4 "Cost of Works" means costs ascertained in accordance with the definition
contained in the Schedule hereto;
1.5 "Project" means the project for which the Contractor has engaged the professional
services of the Consultant and of which the Works form a part;
1.6 “Project Director” means the Project Director (hereinafter referred to as the P.D.)
shall be** ..............................................................................................................
and his successors in office.;
1.7 “Subcontractors” means specialists, merchants, tradesmen and others employed by

the Contractor to execute works or supply goods and services in connection with
the Contract ;
1.8 "Schedule" means the Schedule of Fees for Q.S***/Engineers***/Architects***

annexed to these Conditions of Engagement; and
1.9 "Works" means the works in connection with which the Contractor has engaged the
Consultant to perform professional services.
2. DURATION OF ENGAGEMENT
A) The appointment of the Consultant shall commence from the date of the
Memorandum of Agreement or from the time when the Consultant shall have begun
to perform for the Contractor any of the professional services described in this
Agreement, whichever is the earlier.
B) The Consultant shall not, without the written consent of both the P.D. and the
Contractor, assign the benefit or in any way transfer the obligations of this
Agreement or any part thereof.
* State the Consultant’s profession

** State the official designation of the officer responsible for the overall supervision and direction of the Works
*** Delete if not applicable
B1/8
Revised
11.10.2002
2. DURATION OF ENGAGEMENT (CONT’D)
C) If at any time the Government decides to postpone the Project the Contractor with
the written consent of the P.D. shall, by notice in writing to the Consultant terminate
his appointment under this Agreement, provided that the Contractor may, in lieu of
so terminating his appointment require the Consultant in writing to suspend the
carrying out of his professional services under this Agreement for the time being. In
such event, the Consultant shall be paid in accordance to the Schedule.
D) If the Contractor fails to comply with any of its fundamental obligations under this
Agreement, the Consultant may by not less than sixty (60) days with the written
consent of the P.D., give notice in writing to the Contractor to terminate his
appointment under this Agreement, provided that, in lieu of so terminating his
appointment, the Consultant may:
a) Forthwith upon any such failure suspend the carrying out of his
professional services hereunder for a period of sixty (60) days (provided
that he shall as soon as practicable inform both the Contractor and the
P.D. in writing of such suspension and the reasons thereof); and
b) At the expiry of such period of suspension either continue with the

carrying out of his professional services under this Agreement or, if any of
the reasons for the suspension then remain, forthwith in writing to the
Contractor terminate his appointment under this Agreement.
E) The Consultant, shall immediately notify the Contractor in writing of any situation or
of the occurrence of any event beyond the reasonable control of the Consultant
which makes it impossible for the Consultant to carry out his obligations hereunder.
If the Contractor agrees and with the consent of the P.D. in writing that any such
situation or event exists, the Contractor may terminate this Agreement by giving not
less than thirty (30) days written notice and shall pay such charges due to
Consultant up to the date of termination of this Agreement as are still outstanding at
the time of the situation or event. In the event of any disagreement between the
parties as to the existence of such situation or event, the matter shall be settled in
accordance with Clause 9.
F) The Consultant shall, upon receipt of any notice or requirement in writing in

accordance with Sub-clause (C) or the termination by him of his appointment
pursuant to Sub-clause (D) proceed in an orderly manner but with all reasonable
speed and economy to take such steps as are necessary to bring to an end his
professional services under this Agreement.
G) Unless terminated under this Clause, the Consultant's appointment under this
Agreement shall terminate when the Consultant issues and the P.D. approves the
certificate authorising the final payment to the Contractor. The Consultant shall
prepare the final account within six months from the date of the Certificate of
Practical Completion.
Provided always that in the event of arbitration or other proceedings after the
completion of construction if so required by the P.D. or the Contractor, the
B2/8
Revised
11.10.2002
2. DURATION OF ENGAGEMENT (CONT’D)
Consultant shall assist in any manner whatsoever under the same condition of
engagement as are applicable to this Agreement.
H) Determination of Consultant’s Employment
a) Without prejudice to any other right or remedy which the Contractor may
possess, if the Consultant shall make default in any one or more of the
following respects, that is to say;
i) If he without reasonable cause suspends the carrying out the services
before completion; or
ii) if he fails to proceed regularly and diligently with the professional
services; or
iii) if he fails to execute the professional services in accordance with the
Agreement or persistently neglects to carry out his obligations under
this Agreement; or
iv) if he refuses or persistently neglects to comply with a written notice from
the Contractor or the P.D. to rectify and replace improper services;
then the Contractor with the written instruction or consent of the P.D. may give to
him a notice by registered post or by recorded delivery specifying the default, and if
the Consultant either shall continue such default for fourteen (14) days after receipt
of such notice or shall at any time thereafter repeat such default (whether
previously repeated or not), then the Contractor may thereupon by a notice sent by
a registered post or by recorded delivery determine the employment of the
Consultant under this Agreement
b) If the Consultant:-
i) commits an act of bankruptcy; or
ii) becomes insolvent or compounds with or makes arrangements with
his creditors; or
iii) being a company, is having a winding up order made against him, or
iv) is having a provisional liquidator, receiver or manager of his business
or undertaking duly appointed, or possession taken by or on behalf of
creditors or debenture holders secured by a floating charge of any
property comprised in or subject of the said floating charge; or
v) registration, permission or licence to practice has been cancelled or
suspended by the respective Professional Board.
then, and in any such event, the Contractor may, but not without the written
consent of the P.D., without prejudice to any other right he may possess, by a
notice sent by registered post determine the employment of the Consultant under
this Agreement.
c) In the event of the employment of the Consultant under this Agreement being
determined under sub-clause (a) or (b) above, then the Consultant shall be deemed
to be in breach of this Agreement and the following provisions shall apply:-
i) The Contractor may, with the written consent of the P.D. employ and pay
another Consultant to carry out and complete the professional service.
B3/8
Revised
11.10.2002
2.DURATION OF ENGAGEMENT (CONT’D)
ii) The Contractor shall pay such charges due to the Consultant up to the
date of termination of this Agreement as are still outstanding at the time of
the situation or event.
iii) The Contractor shall have the right to deduct or set off against any
amount due or which may become due to the Consultant, or to recover
as a debt from the Consultant the amount of damage suffered and/or of
loss and expense, including any extra expense in the completion of the
services incurred by him by reason of the determination of the
employment of the Consultant under this Agreement.
J) Determination of the Contractor’s Employment
If for any reason the Contractor’s employment under the Contract is determined
under the Contract (whether due to any default of the Contractor or otherwise),
then the employment of the Consultant under this Agreement shall thereupon also
determined and the Consultant shall be entitled to be paid the charges due to the
Consultant up to the date of termination of this Agreement as are still outstanding at
the time of the situation or event.
K) Any termination of the Consultant's appointment under this Agreement shall not
prejudice or affect the accrued rights or claims of either party to this Agreement.
3. PROPRIETARY RIGHTS AND OWNERSHIP OF DOCUMENTS
A) All drawings, Specifications, Bills of Quantities and other related documents

together with all reports and relevant data such as maps, statistics and supporting
records or materials compiled or prepared in the course of this Agreement shall be
the absolute property of the Government throughout their preparation and at all
times thereafter and the Contractor shall cause the copyright and all other
proprietary rights whatsoever in these documents to vest in the Government. The
Consultant shall deliver all these documents to the P.D. upon the completion or
earlier termination of this Agreement. The Consultant and the Contractor may retain
a copy of such documents for his own record but shall not use any confidential
information therein for purposes unrelated to this Agreement without the prior
consent of the Goverment.
B) The Consultant and the Contractor may with the consent of the P.D., which consent
shall not be unreasonably withheld, publish alone or in conjunction with any other
person any article, photograph or other illustration relating to the Project.
B4/8
Revised
11.10.2002
4. OBLIGATIONS AND LIABILITIES OF THE CONSULTANT
A) The Consultant shall observe, perform and comply with all provisions of the
Contract on the part of the Contractor to be observed, performed and complied
with in so far as they relate and apply to the professional services (or any portion of
the same) and as if all the same were severally set out herein. In the event of any
contradiction or inconsistencies the provisions of the Contract shall prevail.
B) The Consultant shall exercise all reasonable skill, care and diligence in the discharge
of his professional services.
C) The Consultant shall, further to the services specified in Clause 7(A), do and perform
all acts, matters and things which are usually done and performed by Consultant
according to the practice of their profession in relation to the Project.
D) The Consultant and the Contractor shall not divulge any confidential information
communicated to or acquired by him in the course of carrying out the work, duties
and obligations under the terms of this Agreement. Such information shall not be
used by the Consultant and the Contractor on other projects without the written
approval of the P.D..
E) Except as both the P.D. and the Contractor shall otherwise specifically agree in
writing, the Consultant shall not permit his staff or subsidiary or associate to
engage in any activities related to the Project other than the specified professional
services.
F) The Consultant shall obtain the written consent of the Contractor before commencing
his basic and additional services as specified herein.
5. DELIVERY OF DOCUMENTS TO THE P.D. ON TERMINATION BY THE

CONSULTANT
A) In the event of the termination of this Agreement by the Consultant and upon
delivery to the P.D. of all completed drawings, specifications, Bills of Quantities and
other related documents relevant to the Project as are in the possession of the
Consultant who shall be permitted to retain copies of any documents so delivered to
the P.D., the Consultant shall be entitled to be paid the sums determined in the
Schedule.
6. OBLIGATIONS OF THE CONTRACTOR.
A) The Contractor shall, upon request, supply to the Consultant without charge and
within a reasonable time, all necessary and relevant data and information in the
possession of the Contractor and shall give such assistance as shall reasonably be
required by the Consultant in the performance of his professional services under
this Agreement so as to enable him to proceed within the agreed schedule.
B5/8
Revised
11.10.2002
6. OBLIGATIONS OF THE CONTRACTOR. (cont’d)
B) Any data, report, map, photograph, plan, drawing, record or information given or
forwarded by the Contractor or the P.D. to the Consultant shall not relieve the
Consultant of his obligation under Clause 4(A). The Contractor or the P.D. gives no
warranty in any manner whatsoever for the data, report, map, photograph, plan,
drawing, record or information either as to the accuracy or sufficiency or as to how
the same should be interpreted and the Consultant when he makes use of and
interprets the same, shall do so entirely at his own risk and shall not constitute a
breach of obligation on the part of the Contractor or the P.D. under Sub-Clause (A)
if such data, report, map, photograph, plan, drawing, record or information is not
accurate or sufficient for the purpose of performing the Consultant's obligations
under this Agreement.
7. TYPES OF SERVICES
A) The Consultant may be engaged for the performance of any or all of the professional
services as specified in :-
1) Architect * - Section CA (Scope of Services For Consulting Architects)

2) Engineer * - Section CE (Scope of Services For Consulting Engineers)
3) Quantity Surveyor* - Section CQ (Scope of Services for Consulting Quantity
Surveyors)
8. PAYMENTS
A) The fees applicable to the relevant professional services rendered by the

Consultant shall be described as follows:-
1) Architect * - Section DA (Schedule of Fees for Consulting Architects)

2) Engineer * - Section DE (Schedule of Fees for Consulting Engineers)
3) Quantity Surveyor* - Section DQ (Schedule of Fees for Consulting Quantity
Surveyors)
B) For the purpose of determining the payment due to the Consultant under the
Schedule following the termination by the P.D. of the Project in which it is
necessary to assess the payment to be made by reference to the cost of the Works,
then to the extent that such cost is not known, the assessment shall be made upon
the basis of the Consultant's best estimate of cost to be agreed to by both the P.D.
and the Contractor.
C) Direct Payment To Consultant

The Contractor shall advise the P.D. as to the progress of services rendered by the
Consultant and recommend the amount payable to the Consultant based on the
Schedule of Fees. The Contractor shall authorise the P.D. in issuing Interim
Certificates under the Contract to state separately the amount of interim or final
* Deletewhichever is not applicable
B6/8
Revised
11.10.2002
8. PAYMENTS (CONT’D)
payment due the Consultant subject to subclause 60.3 of the Conditions of

Contract, and the Government shall pay direct to the Consultant on behalf of the
Contractor.
All sums due to the Consultant in accordance with the terms of this Agreement,
unless disputed by the P.D., shall be paid within the period of honouring of
certificate as specified in the contract.
C) Indemnity to the Government

The Consultant shall indemnify and save harmless the Government, against and
from:-
i) any liability of the Government to the Contractor however arising, due to the
making by the Government of payment direct to the Consultant; and
ii) any liability of the Government to the Contractor howsoever arising, due to
any act, neglect, or omission, or any breach, non-observance or non-
performance of the provisions of this Agreement by the Consultant, their
employees or agents; and
iii) any loss and/or expense incurred by the Government howsoever arising;
due to any act, neglect or omission, or any breach, non-observance or non-
performance of the provisions of this Agreement by the Consultant.
The Consultant will be required to give to the Government such indemnity with
terms and conditions as provided in the Government Standard Form of Letter of
Indemnity. The Consultant shall deposit with the Government the Letter of
Indemnity duly signed and witnessed as soon as practicable but not later than 14
days from the date of issuance of Letter of Acceptance to the Contractor.
E) If any item or part of an item of an account for the service rendered by the
Consultant is disputed or subject to question by the Contractor or the P.D., the
payment to the Consultant in respect of the undisputed amount shall not be
withheld on these grounds and provisions of sub-clause C shall apply to such
amount.
9. SETTLEMENT OF DISPUTES
A) If at any time any question, dispute or difference of opinion shall arise between the
Contractor and the Consultant upon or in relation to or connection with this
Agreement or any part thereof then such dispute or difference shall be referred to
the P.D. for a decision.
B) The decision of the P.D. which is to be in writing shall subject to sub clause E
hereof be binding on the parties until after the completion of the professional
services and shall forthwith be given effect by the Contractor and the Consultant
who shall proceed with the professional services with all due diligence whether or
not notice of dissatisfaction is given by either of the parties.
B7/8
Revised
11.10.2002
9. SETTLEMENT OF DISPUTES (CONT’D)
C) If the P.D. fails to give a decision for a period of 45 days after being requested to do
so by either the Contractor or the Consultant or if either the Contractor or the
Consultant be dissatisfied with any decision of the P.D., then in any such case the
Contractor or the Consultant, as the case may be, may within 45 days after the
expiration of 45 days after the request for a decision has been made to the P.D. or
45 days after receiving the decision of the P.D., as the case may be, require that
such dispute or difference be referred to the arbitration and final decision of a
person to be agreed between the parties to act as the Arbitrator.
D) Such reference, shall not be commenced until after the completion or alleged
completion of the Works, determination or alleged determination of the Consultant’s
employment under this Agreement, unless with the written consent of the Contractor
and the Consultant and in any case of the P.D..
E) The Arbitrator shall have power to review and revise any certificate, opinion,
decision, requisition or notice and to determine all matters in dispute which shall be
submitted to him, and of which notice shall have been given in accordance with sub-
clause C aforesaid, in the same manner as if no such certificate, opinion, decision,
requisition or notice had been given. Provided that in any such arbitration any
decision of the P.D. which is final and binding on the Contractor under the Contract
shall also be deemed final and binding between and upon the Contractor and the
Consultant.
F) Upon every or any such reference, the costs of such incidentals to the reference
and award shall be in the discretion of the Arbitrator who may determine the amount
thereof, or direct the amount to be taxed as between solicitor and Contractor or as
between party and party, and shall direct by whom and to whom and in what
manner the same be borne and paid.
H) The award of the Arbitrator shall be final and binding on the parties.
I) In the event of the death of the Arbitrator or his unwillingness or inability to act, then
the Contractor and the Consultant upon agreement shall appoint another person to
act as the Arbitrator, and in the event the Contractor and the Consultant failing to
agree on the appointment of an Arbitrator, an Arbitrator shall be appointed by the
President of the Board of .....................................................................................*
and such reference shall be deemed to be a submission under the Arbitration Act
1952 and any statutory modification or re-enactment thereof for the time being.
J) Pending the award of the arbitration, the Consultant upon being directed by the
Contractor at any time, shall continue to perform the remaining part of services in
accordance with the programme as set out in the work schedule and no payment
the liability for which is not in issue or contingent upon the results of the
proceedings shall be withheld on account of such proceedings.
J) The arbitration shall be held at the Regional Centre for Arbitration in Kuala Lumpur
using the facilities and assistance available at the Centre.
*State the Consultant’s Professional Board

B8/8
Revised
11.10.2002
SECTION C
SCOPE OF SERVICES
SECTION CA
SCOPE OF SERVICES
FOR
CONSULTING ARCHITECT
SCOPE OF SERVICES
PROFESSIONAL ADVICE & SERVICES
The professional advice and services to be provided by the Consulting Architect to the
Contractor or on behalf of the Contractor, to the P.D. shall be as follows:-
i) Advisory services
ii) Basic Services
iii) Additional services
For all building works (including civil, structural, mechanical and electrical engineering
works in buildings), the architect shall instruct and coordinate the consultants where
required to ensure that the project schedule is followed.
1.0 Advisory Services
The advisory services to be provided by the Consulting Architect shall be as follows:
(i) Ascertaining the objectives, brief and constraints for the project and advising
on how to achieve the objectives;
(ii) Advising on the selection and suitability of proposed sites, conducting or
taking part in negotiations connected therewith, taking levels and preparing
measured drawings, plans of the sites, sites and buildings or existing
buildings;
(iii) preparing and refining the brief in consultation with the P.D. and interpreting
the project objectives to arrive at an agreed brief for the project;
(iv) carrying out such studies as may be necessary for the project and reviewing
with the P.D. alternative designs and construction solutions, evaluating their
respective advantages and disadvantages and advising on all relevant
aspects of obtaining statutory approvals necessary for the implementation of
the project;
(v) preparing the outline project plan which may include a preliminary project
planning and implementation schedule, and a resource plan; and
(vi) advising on the resident site staff required for the project and estimating the
cost of their employment and the duration of their employment.
CA1/6
Revised
11.10.2002
2.0 Basic Services
The basic services to be provided by the Consulting Architect shall be as follows :

(a) Schematic Design Phase
The services to be provided during this phase are -
(i) taking the P.D.’s instructions and analysing the project brief;
(ii) preparing preliminary conceptual sketch proposals to interpret the
project brief;
(iii) developing the preliminary conceptual sketch proposals into sketch
designs to a stage sufficient to enable an application to be made for
planning approval or approval in principle to comply with the relevant
by-laws;
(iv) preparing preliminary estimates of the probable construction cost
based on current area, volume or other unit costs; and
(v) where applicable, preparing and submitting the drawings and other
necessary documents to relevant approving authorities for either town
planning approval or approval in principle.
(b) Design Development Phase

The services to be provided during this phase are –
(i) upon the approval of the proposals by either the relevant authority or
the P.D. developing the schematic design drawings to a stage to
enable other consultants to commence their detailed design work;
(ii) preparing working drawings and submitting the same together with all
necessary particulars to the P.D. for his concurrence and to the
relevant approving authorities to obtain statutory building approval;
(iii) updating the preliminary estimates of construction costs as required
by the Contractor, and
(iv) updating the project planning and implementation schedule.
(c) Contract Documentation Phase

(i) preparing and finalising the detailed drawings and other particulars
necessary to the stage of completion adequate for bills of quantities to
be prepared by the consulting quantity surveyor;
(ii) preparing all documents necessary for obtaining competitive pricing
for the work;
(iii) inviting tenders for the work or collaborating with the consulting
quantity surveyor engaged by the Contractor;
(iv) evaluating the results of the tenders and submitting a report and
recommendation to the Contractor;
(v) awarding the contract on behalf of the Contractor, and;
(vi) preparing the contract documents either alone or in collaboration with
other consultants appointed by the Contractor.
CA2/6
Revised
11.10.2002
(d) Contract Implementation and Management Phase
(i) performing all the functions and duties of the Consulting Architect
under the terms and conditions of the Memorandum of Agreement ;
(ii) providing information and issuing instructions to the Contractor as
required under the terms and conditions of the Memorandum of
Agreement to ensure the Contractor conform to the contract ;
(iii) examining the works programme to be submitted to the P.D. by the
Contractor and to be satisfied that the works can reasonably be
completed within the contract period;
(iv) inspecting the works at periodic intervals so as to ensure that the
works are being executed in general accordance with the building
contract and to enable the Architect to certify the completion of the
various stages of the works required in support of an application for a
certificate of fitness for occupation from the relevant approving
authority;
(v) where necessary, applying for a certificate of fitness for occupation or
its equivalent from the appropriate authority;
(vi) certification of the works at various stages of completion; and
(vii) providing a set of drawings showing the building as constructed and
obtaining for the P.D. the drawings of the building’s services as
installed together with all warranties and maintenance manuals as
provided for in the contracts.
3.0 Additional Services

The additional professional services which are not included in the basic services but
may be provided by the Consulting Architect if requested or consented to by the P.D.
to supplement the advisory and basic services or which may be provided under a
separate appointment shall be as follows:
(a) Surveys and investigations

The services to be provided under this category are –
(i) preparing measured surveys, taking levels and preparing plans of
sites and existing buildings;
(ii) inspecting, reporting on and giving advice on the condition of existing
buildings;
(iii) preparing schedules of dilapidation for the P.D. , taking particulars of
sites, preparing specifications for repairs and supervising their
execution;
(iv) undertaking structural surveys of a building and ascertaining the
extent of defects which may affect its value;
(v) investigating building failures and arranging and supervising work by
Subcontractors or specialists;
(vi) surveying and measuring existing buildings, preparing specifications
and other documents for repairs, restoration or conservation work,
administering the contract and inspecting the works during their
execution; and
CA3/6
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(vii) inspecting buildings and properties and preparing valuations for the
P.D. .
(b) Planning and development services

(i) preparing a preliminary technical evaluation of a project to enable the

P.D.to reach a decision on whether to proceed and the possible form
and content of the project;
(ii) preparing plans for housing development or other schemes including
preliminary layout plans as may be required for discussion with the
relevant authorities leading to the preparation of detailed development
plans based on the layout plan as approved by either the relevant
authority or the P.D. to enable the project to be implemented; and
(iii) preparing documents and providing all other services necessary in
connection with demolition works for the erection of a new building
when undertaken separately from the contract.
(c) Supplementary Design Services

The services to be provided under this category are -
(i) providing interior design services including taking the P.D.’s

instructions, formulating the brief, deciding on the themes for the
various spaces, estimating and establishing the budget and planning
and implementation schedules, preparing sketch layouts and
studies, preparing working and construction drawings, details,
schedules and materials or colour boards, designing special items
of furniture where appropriate or giving detailed advice on the
selection of furniture, fittings and soft furnishings, preparing tender
documents, obtaining tenders or quotations and advising thereon,
accepting on behalf of the P.D. offers for implementation, preparing
the contract documents where necessary, managing the contract,
supervising the works during the stages of implementation, checking
and processing claims from subcontractors for payment and issuing
recommendation of payment and certifying the works on completion;
(ii) providing landscape design services including the preparation of
conceptual landscaping proposals, implementation documents,
obtaining and evaluating competitive tenders, recommending and
awarding contracts, administering the contract and inspecting works in
progress;
(iv) designing graphics and signage in connection with projects and
providing all necessary services for their execution;
(v) advising the P.D. on the selection of works of art or commissioning of
decorative works and supervising their installation; and
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(v) undertaking special studies in connection with the development of
designs for prototype buildings or models including their testing and
evaluation.
(d) Financial Advisory Services (where consulting Quantity Surveyor is not

engaged
(i) preparation of cost estimates for projects comprising the cost of site
acquisition and development, building construction and infrastructure
services, landscaping, furniture and equipment and estimated cash
flow requirements for the various cost centres.
(ii) Preparation of Schedule of Rates and other related documents for
tendering purposes, inviting tenders on behalf of the Contractor Client,
examining tenders received or negotiating tenders and prices with
shortlisted or selected contractors and/or sub-contractors under any
contract system, valuing variations and other applications for interim
payments and preparing the final accounts.
(e) Exceptional Negotiations or Protracted Involvement

(i) Participating in special or protracted negotiations in connection with

applications for town planning or other statutory approvals including
applications for conversions of title to land for development purposes,
changes in land use zoning, densities, waivers and appeals;
(ii) amending the content, scope, design or details of a project, building or
any of its parts upon the P.D.’s instructions after approvals at various
stages have been given by the P.D. and requiring the Architect to
either amend or prepare new drawings or production information after
they have been finalised;
(iii) continuing professional services on a protracted basis due to causes
beyond the Consulting Architect's control and not directly or indirectly
caused by actions of the Consulting Architect but may be caused by
certain decisions of the P.D., breach of contract by either of the parties
to the building contract, strikes, or such similar causes and which will
involve the Consulting Architect in additional time or work;
(iv) additional services arising from the failure of the Contractor to award a
contract in due time; and
(v) conferring with solicitors, attending court, arbitration and enquiries in
connection with statutory approvals.
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(f) Project Management and Administration
(i) Providing total project management services from the inception to

completion of a project including preparation of project briefs,
appointing and coordinating all consultants, contractors and suppliers,
preparation of various levels of project schedules for planning and
implementation and monitoring all the activities and elements relative
to the agreed targets, preparing reports and their submission to the
client, and accepting the completed works on behalf of the client;
(ii) providing periodic or full time resident site personnel for frequent or
constant inspection of the works;
(iii) providing the full services required for construction management in
serving as the overall coordinator where separate contracts for each
trade are awarded;
(iv) preparing ‘as built’ drawings of buildings on which the Consulting
Architect was not the designer; and
(vi) preparing a programme for the maintenance of a building and
arranging maintenance contracts.
(g) Appointment of an independent specialist consultant to work in

collaboration with the Consulting Architect.
Notwithstanding the services as may be provided by the Consulting Architect

as described in this part of the Rules, and where an independent specialist
consultant is appointed directly by the Contractor or by the Consulting
Architect, such services that would otherwise be provided by the Consulting
Architect alone shall be performed by the specialist consultant, in
collaboration with the Consulting Architect, whose terms of appointment shall
be in accordance with the relevant rules.
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SECTION CE
SCOPE OF SERVICES
FOR
CONSULTING ENGINEER
SCOPE OF SERVICES
PROFESSIONAL SERVICES
1. (1) Basic Professional Services (for civil and structural engineering

works other than structural engineering works in buildings,
mechanical engineering works and electrical engineering works
other than the engineering systems in buildings)
The professional services to be rendered by the consulting engineer to the

Contractor or on behalf of the Contractor , to the P.D. in this paragraph
comprise the provision of all technical advice and skills which are normally
required for the works for which the consulting engineer has been engaged.
(a) Preliminary Stage
The professional services to be provided by the consulting engineer at

this stage comprise all or any of the following as may be necessary in
a particular case:
(i) investigating data and information relevant to the works

and considering any reports relating to the works;
(ii) advising the Contractor on making any further

topographical survey of the proposed site of the works
which may be necessary to supplement available
topographical information;
(iii) advising the Contractor on the need to carry out any

geotechnical investigation which may be necessary to
supplement the available geotechnical information,
arranging for the investigation, certifying the amount of
any payments to be made by the Contractor to the
persons, firms or companies carrying out the investigation
under the consulting engineer’s direction, and advising
the Contractor on the results of the investigation;
(iv) advising the Contractor on the need for arrangements to

be made, in accordance with subparagraph 2(1) of this
Section, for the carrying out of special surveys, special
investigations or model tests and advising the Contractor
of the results of any such surveys, investigations or tests
carried out;
(v) consulting any local or other approving authorities on

matters of principle in connection with the works;
(vi) consulting any architect appointed by the Contractor in

connection with the architectural treatment of the works;
(vii) preparing such reports and documents as are reasonably

necessary to enable the Contractor to consider the
consulting engineer’s proposals, including alternative
proposals, for the construction of the works in the light of
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the investigations carried out by him at this stage, and to
enable the Contractor to apply for approval in principle
from the appropriate authorities for the execution of the
works in accordance with the proposals;
(viii) providing sufficient preliminary information and

approximate estimate (based on unit volume, unit surface
area or similar basis of estimation) regarding the works to
enable the Contractor or the architect to prepare
architectural sketch plans and budget estimates for the
project; and
(ix) Consulting the architect and other parties appointed by

the Contractor in connection with the works.
(b) Design Stage

a particular case:
(i) Preparing designs, including reinforced concrete and structural

steel work designs, and tender drawings in connection with the
works;
(ii) Preparing such conditions of contract, specifications, schedules

and bills of quantities as may be necessary to enable the
Contractor to obtain tenders or otherwise award a contract for
carrying out the works; and
(iii) Prepare and certify drawings, calculations and details relating the
works as may be required for submission to any appropriate
authorities.
(c) Tender Stage

this stage comprise advising the Contractor as to the suitability for
carrying out the works of the persons, firms or companies tendering
and as to the relative merits of the tenders, but excluding the relative
merits of alternative tenders, prices and estimates received for
carrying out the works.
(d) Construction Stage

a particular case:
(i) advising on and preparing formal contract documents, including

the Contractor’s letters of acceptance for carrying out the works
or any part of them;
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(ii) inspecting and testing during manufacture and installation such
electrical and mechanical materials, machinery and plant
supplied for incorporation in the works as are necessary where
the inspection and test are within the technical competence of
the consulting engineer, and arranging and witnessing the
acceptance test;
(iii) advising the Contractor on the need for a special inspection or

test other than that referred to in subparagraph 1(1)(d)(ii) of
this Section;
(iv) advising the Contractor on the appointment of site staff in

accordance with paragraph 3 of this Section;
(v) preparing any further designs and drawings relating to the

works;
(vi) examining and certifying the Contractor’s proposals and his

working drawings relating to the works;
(vii) making such visits to the site as the consulting engineer

considers necessary to satisfy himself as to the performance of
any site staff appointed pursuant to paragraph 3 of this Section
and to certify that the works are executed generally according to
contract drawings and specification or otherwise in accordance
with good engineering practice as required by the P.D;
(viii) giving all necessary instructions relating to the works to the

Contractor and or sub Contractors;
(ix) performing any duties which the consulting engineer may be

required to carry out under any document which he has
prepared for the execution of the works;
(x) preparing and or checking shop, details and installation

drawings;
(xi) advice the Contractor as the need to vary any part of the works;
(xii) make site evaluation and prepare claim for interim payment;
(xiii) liaison with the relevant authorities for connection of electricity

supply, telephone lines etc.;
(xiv) prepare testing and commissioning procedures;
(xv) witness the testing and commissioning for the works and certify
the report that the works has been carried out according to the
engineering practices;
(xvi) delivering to the P.D. on the completion of the works such

records and manufacturer’s manuals as are reasonably
necessary to enable the P.D. to operate and maintain the works
and arranging for the delivery of spares and tools if necessary;
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(xvii) check the maintenance works and certify the maintenance
report (if maintenance form part of the scope) ; and
(xviii) assist the preparation of final account.
1.(2) Basic Professional Services (for structural engineering works in

buildings)

Contractor or on behalf of the Contractor , to the P.D. in this paragraph comprise
the provision of all technical advice and skills which are normally required for the
works for which the consulting engineer has been engaged.

this stage comprise all or any of the following as may be necessary in a
particular case:
(i) investigating data and information relevant to the works

and considering any reports relating to the works;
(ii) advising the Contractor on making any further

topographical survey of the proposed site of the works
which may be necessary to supplement available
topographical information;
(iii) advising the Contractor on the need to carry out any

geotechnical investigation which may be necessary to
supplement the available geotechnical information,
arranging for the investigation, certifying the amount of
any payments to be made by the Contractor to the
persons, firms or companies carrying out the investigation
under the consulting engineer’s direction, and advising
the Contractor on the results of such investigation;
(iv) advising the Contractor on the need for arrangements to

be made, in accordance with subparagraph 2(2) of this
Section, for the carrying out of special surveys, special
investigations or model tests and advising the Contractor
of the results of any such surveys, investigations or tests
carried out;
(v) consulting any local or other approving authorities on

matters of principle in connection with the works;
(vi) consulting the architect appointed by the Contractor in

connection with the architectural treatment of the works;
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(vii) providing sufficient structural information to enable the
architect to produce his sketch plans; and
(viii) preparing such reports and documents as are reasonably

necessary to enable the Contractor to consider the
consulting engineer’s proposals, including alternative
proposal, for the construction of the works in the light of
the investigations carried out by him at this stage, and to
works in accordance with the proposals;
(ix) providing sufficient preliminary information and

approximate estimate (based on unit volume, unit surface
area or similar basis of estimation) regarding the works to
enable the Contractor or the architect to prepare
project; and
(x) consulting the architect and other parties appointed by

(b) Design Stage

particular case:
(i) developing the design of the works in collaboration with

the architect and others, preparing calculations, drawings
and specifications for the works to enable a bill of
quantities to be prepared by others, consulting any local
or other approving authorities in connection with the
design of the works, and preparing typical details and
typical calculations; and
(ii) prepare and certify such calculations and details relating

to the works as may be required for submission to any
appropriate authority, preparing and certifying all other
drawings in sufficient details to enable construction to be
carried out, and advising on conditions of contract and
specifications relevant to the works and on forms of
tender and invitations to tender as they relate to the
works.
(c) Tender Stage

carrying out the works of the persons, firms or companies tendering and
as to the relative merits of tenders, but excluding relative merits of
alternative tenders, prices and estimates received for carrying out the
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works.

particular case:
(i) advising on the preparation of formal contract document

relating to accepted tenders for the works;
(ii) advising the Contractor on the appointment of site staff in

accordance with paragraph 3 of the Section;
(iii) preparing any further designs, specification and drawings

to enable the Contractor to carry out the works but shall
not include the preparation of any shop details relating to
the works or any part of them;
(iv) examining and certifying the Contractor’s proposals and

working drawings relating to the works;
(v) liaison with the relevant authorities for connection of

electricity supply, telephone lines etc.;
(vi) preparing and or checking shop details for general

dimensions and adequacy of members and connections;
(vii) prepare testing and commissioning procedures;
(viii) witness the testing and commissioning for the works and
certify the report that the works has been carried out
according to the engineering practices;
(ix) advising the Contractor or the architect as to the need to

vary any part of the works;
(x) making such visits to site as the consulting engineer

considers necessary to satisfy himself as to the
performance of any site staff appointed pursuant to
paragraph 3 of this Section and to certify that the works
are executed generally according to contract drawings
and specification or otherwise in accordance with good
engineering practice as required by the P.D.;
(xi) giving all necessary instructions relating to the works to

the Contractor and or sub Contractors;
(xii) make site evaluation and prepare claims for interim

payment;
(xiii) inspecting and testing during manufacture and installation

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such materials supplied for incorporation in the works as
are necessary where the inspection and test are within
the technical competence of the consulting engineer, and
arranging and witnessing the acceptance tests;
(xiv) advising the Contractor on the need for special inspection

or test other than that referred to in a sub-paragraph
1(2)(d)(xiii) of this Section;
(xv) performing any duties which the consulting engineer may

be required to carry out under any document which he
has prepared for the execution of the works;
(xvi) delivering to the P.D. on the completion of the works such

records and manufacturer’s manuals as are reasonably
necessary to enable the P.D. to operate and maintain the
works and arranging for the delivery of spares and tools if
necessary;
(xvii) check the maintenance works and certify the

maintenance report (if maintenance form part of the
scope); and
(xviii) assist the preparation of final account.
1.(3) Basic Professional Services (for engineering systems in buildings)

Contractor or on behalf of the Contractor, to the P.D. in this paragraph comprise
the provision of all technical advice and skills which are normally required for the
works for which the consulting engineer has been engaged.

particular case:
(i) consulting any local or other approving authorities on

matters of principle in connection with the design of the
works;
(ii) providing sufficient preliminary information and

approximate estimates (based on unit volume, unit
surface area or similar basis of estimation) regarding the
works to enable the Contractor or the architect to prepare
project;
(iii) investigating data and information relevant to the works

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and considering any reports relating to them;
(iv) consulting the architect and others appointed by the

Contractor in connection with the architectural treatment
of the works;
(v) preparing such reports and documents as are necessary

to enable the Contractor to consider the consulting
engineer’s proposals, including the alternative proposals
for the installation of the works in the light of the
investigations carried out by him at this stage, and to
works in accordance with the proposals; and
(vi) consulting the architect and other parties appointed by

b) Design Stage

particular case:
(i) preparing designs and tender drawings, and providing

information as to plant rooms, main service ducts and
other similar elements to be incorporated in the building
structure, and information as to the approximate weights
of items of heavy plant and equipment which are to be
incorporated in the works;
(ii) advising on conditions of contract, preparing

specifications and schedules as may be necessary to
enable the Contractor to obtain tenders or otherwise
award a contract for carrying out the works, and preparing
and certifying such drawings, calculations and details
relating to the works as may be required for submission to
any appropriate authorities; and
(iii) prepare and certify drawings, calculations and details

relating to the works as may be required for submission
to any appropriate authorities.
(c) Tender Stage

carrying out the works of the persons, firms or companies tendering and
as to the relative merits of tenders, but excluding relative merits of
alternative tenders, prices and estimates received for carrying out the
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works.

particular case:
(i) advising on the preparation of formal contract documents

relating to accepted tenders for carrying out the works or
any part of them;
(ii) advising the Contractor on the appointment of site staff

for the purpose of paragraph 3 of this Section;
(iii) providing the Contractor with such further information as

are necessary, in the opinion of the consulting engineer,
to enable the installation drawings to be prepared;
(iv) examining and certifying the Contractor’s proposal;
(v) making such visits to the site as the consulting engineer

considers necessary to satisfy himself as to the
performance of any site staff appointed pursuant to
paragraph 3 of this Section and to certify that the works
are executed generally according to his designs and
specifications or otherwise in accordance with good
engineering practice as required by the P.D. ;
(vi) preparing and or checking shop, details and installation

drawings;
(vii) giving all necessary instructions to the Contractor and or

subContractors ;
(viii) advising the Contractor or the architect as to the need to

vary any part of the works;
(ix) approving the Contractor’s commissioning procedures

and performance tests and inspecting the works on
completion;
(x) prepare testing and commissioning procedures ;
(xi) witness the testing and commissioning for the works and
certify the report that the works has been carried out
according to the engineering practices ;
(xii) make site evaluation and prepare claim for interim

payment;
(xiii) performing any services which the consulting engineer

may be required to carry out under any document which
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he has prepared in relation to the works;
(xiv) delivering to the P.D. on completion of the works, copies

of record drawings, Contractor’s operating manuals and
instructions, where appropriate, the certificate of works
tests, and arranging for the delivery of spares and tools, if
necessary;
(xv) inspecting and testing during manufacture and installation

such materials and equipment supplied for incorporation
in the works where the inspection and test are within the
technical competency of the consulting engineer, and
arranging and witnessing acceptance tests;
(xvi) advising the Contractor on the need for special inspection

or test other than that referred to in sub-paragraph
1(3)(d)(xv) of this Section;
(xvii) liaison with the relevant authorities for connection of

electricity supply, telephone lines etc;
(xviii) check the maintenance works and certify the

maintenance report (if maintenance form part of the
scope) ; and
(xix) assist the preparation of final account.
2.(1) Additional Professional Services Not Included In Basic Services (for

civil and structural engineering works other than structural
engineering works in buildings, and mechanical engineering works
and electrical engineering works other than engineering systems in
buildings)
The additional professional services to be provided by the consulting engineer, if

requested or consented to by the P.D., include the following:
(a) (i) preparing any report or other additional documents required for
consideration of proposals for the carrying out of alternative
works;
(ii) carrying out work consequent upon a decision by the P.D. to

seek or comply with amendments to existing laws affecting the
works;
(iii) carrying out work in connection with any application made by the
P.D. for any order, sanction, licence, permit or other consent,
approval (not including the normal approval required from the
relevant technical authorities, such as building authorities, water-
works authorities, electricity authorities and telecommunications
authorities) or authorisation necessary to enable the works to
proceed;
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(iv) carrying out work arising from the failure of the Contractor to
award a contract in due time;
(v) preparing details for shop fabrication of ductwork, metal, plastic

and timber framework;
(vi) carrying out work consequent upon any abandonment of a

contract by the subcontractor or upon the failure of the contractor
to properly perform any contract or upon delay by the Contractor
in fulfilling his obligations or in taking any other step necessary
for the due execution of the works;
(vii) advising the P.D. and carrying out work following the taking of
any step in or towards any litigation or arbitration relating to the
works;
(viii) carrying out work in conjunction with others employed to provide

any of the services specified in sub-subparagraph 2(1)(b) ;
(ix) providing project management services; and
(x) carrying out such other additional services, if any, as are

specified in the Memorandum of Agreement ;
(b) (i) obtaining specialist technical advice on any abnormal aspects of

the works;
(ii) obtaining architectural, legal, cost consultancy, financial and

other professional services;
(iii) providing services in connection with the valuation, purchase,

sale or leasing of land and the obtaining of wayleaves;
(iv) carrying out of marine, air and land surveys other than those
referred to in sub-sub-subparagraph 1(1)(a)(ii) and making
model tests or special investigations; and
(v) carrying out special inspection or test advised by the consulting

engineer under sub-sub-subparagraph 1(1)(d)(iii) .

structural engineering works in buildings)

requested or consented to by the P.D. include the following:
works;
(ii) carrying out consequent upon a decision by the P.D. to seek or

comply with amendments to existing laws affecting the works;
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P.D. for any order, sanction, licence, permit, consent, or other
relevant technical authorities such as the building authorities,
waterworks authorities, electricity authorities and
telecommunications authorities), or authorisation necessary to
enable the works to proceed;
(iv) checking and advising on any part of the project not designed by
the consulting engineer;
(v) carrying out work arising from the failure of the Contractor to
(vi) carrying out work consequent upon any abandonment of a

contract by the subcontractor or upon the failure of the sub
contractor to properly perform any contract or upon delay by the
Contractor in fulfilling his obligations or in taking any other steps
necessary for the due execution of the works;
(vii) advising the P.D. and carrying out work following the taking of
works;
(viii) preparing interim or other reports or detailed valuations including

estimates or cost analysis based on measurement or forming an
element of a cost planning service;
(ix) carrying out work in conjunction with any other persons employed
to provide any of the services specified in sub-subparagraph
2(2)(b) ;
(x) preparing preliminary estimates for the works which normally

prepared by others including such persons as the architects,
quantity surveyors and Subcontractors;
(xi) providing project management services; and
(xii) carrying out such other additional services, if any, as are

specified in the Memorandum of Agreement;

the works;
(ii) surveying the site or existing works and installations;
(iii) providing investigation on the nature and strength of existing

works and the making of model tests or special investigations;
(iv) providing services in connection with the valuation, purchase,

(v) carrying out marine, air and land surveys and making model tests
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or special investigations; and
(vi) carrying out special inspection or tests advised by the consulting

engineer under sub-sub-subparagraph 1(2)(d)(xiii) .

engineering systems in buildings)

request or consented to by the P.D. include the following;
works;
(ii) carrying out work consequent upon a decision by the P.D. to

seek or comply with amendments to existing laws affecting the
works;
P.D. for any order, sanction, licence, permit, consent, or other
relevant technical authorities such as building authorities, water-
works authorities, electricity authorities and telecommunications
authorities), or authorisation necessary to enable the works to
proceed;
(iv) checking and advising upon any part of the project not designed
by the consulting engineer;
(v) negotiating and arranging for the provision or diversion of utility

services;
(vi) negotiating any contract or sub-contract with a subcontractor

selected otherwise than by competitive tendering including
checking and agreeing on the quantities and nett costs of
materials and labour, arithmetical checking and agreeing on the
added percentages to cover overhead costs and profit;
(vii) carrying out work arising from the failure of the Contractor to
(viii) carrying out work consequent upon any abandonment of a

contract by the subcontractor or upon the failure of the
subcontractor to properly perform any contract or upon delay by
the Contractor in fulfilling his obligations or in taking any other
step necessary for the due execution of the works;
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(ix) carrying out special cost investigations or detailed valuations
including estimates or cost analysis based on measurement or
forming an element of a cost planning service;
(x) providing manuals and other documents describing the design,

operation and maintenance of the works;
(xi) advising the P.D. and carrying out work following the taking of
works;
(xii) carrying out work in conjunction with any other persons employed
to provide any of the services specified in sub-subparagraph
2(3)(b) ;
(xiii) providing project management services;
(xiv) preparing builder’s work drawings, record drawings or any

detailed schedules where necessary; and
(xv) carrying out such other additional services, if any, as are

specified in the Memorandum of Agreement.

the works;
(ii) obtaining architectural, legal, cost consultancy, financial and

other professional services;
(iii) surveying the site or existing works and installations;
(iv) providing services in connection with the valuation, purchase,

(v) making model tests or special investigations;
(vi) carrying out special inspection or test advised by the consulting

engineer under sub-sub-subparagraph 1(3)(d)(xv) ; and
(vii) carrying out commissioning procedures or performances tests.
3. Supervision On Site
(1) Unless otherwise agreed to by the P.D , the consulting engineer shall be
in full control of, and be responsible for, construction supervision of the
works on site relating to the respective discipline.
(2) If in the opinion of the consulting engineer the nature of the work
including the carrying out of any geotechnical and other investigations,
topographic survey, and tests warrants full-time or part-time supervision
on site in addition to the site visits made by the consulting engineer
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under sub-sub-subparagraphs 1(1)(d)(vii), 1(2)(d)(viii) and 1(3)(d)(v) ,
whichever is applicable, he shall advise the P.D. of the fact and also the
desired qualification and experience which the site staff shall possess.
(3) All site staff in the particular discipline shall be under the control of, and
take instructions from, the relevant discipline only.
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SECTION CQ
SCOPE OF SERVICES
FOR
CONSULTING QUANTITY
SURVEYOR
SCOPE OF SERVICES
1.0 TYPES OF SERVICES
1.1 The professional services to be provided by the Consulting Q.S. shall consist of two
(2) types of services as follows:
(a) The basic services; and
(b) The additional services.
2.0 BASIC SERVICES FOR BUILDING WORKS, CIVIL ENGINEERING

WORKS, MECHANICAL & ELECTRICAL WORKS, INTERIOR DESIGN
WORKS AND LANDSCAPING WORKS
2.1 The basic services for Building Works, Civil Engineering Works, Mechanical &
Electrical Works, Interior Design Works and Landscaping Works to be rendered by
the Consulting Q.S. shall be as follows:
(a) Preparation of Preliminary Estimates and Cost Plans;
(b) Preparation of Bills of Quantities and other Tender Documents necessary for
the calling of tenders (excluding Specifications to be prepared by the Architect
and/or Engineers);
(c) Preparation of Tender Reports and Contract Documents;
(d) Preparation of Tender Documents, Tender Reports and Contract Documents

for Prime Cost Sum and Provisional Sum Items other than those under the
charge of Mechanical and Electrical Consultants, Interior Design Consultants,
Landscape Architects, Specialist Civil Consultants and any other Specialist
Consultants ;
(e) Valuation of works in progress for Interim Valuations/Certificates including

measurement of variations other than those under the charge of Mechanical
and Electrical Consultants, Interior Design Consultants, Landscape
Architects, Specialist Civil Consultants and any other Specialist Consultants;
and
(f) Preparation of Final Accounts.
CQ1/3
Revised
18/12/2000
3.0 ADDITIONAL PROFESSIONAL SERVICES NOT INCLUDED IN BASIC
SERVICES
3.1 The additional services to be provided by the Consulting Q.S. if requested or

consented to by the P.D , include the following:
(a) Pre-Contract
(i) Preparation of Feasibility Studies including Income/Expenditure Cash

Flow;
(ii) Preparation of Documents and Reports for Pre-qualification of sub

Contractors;
(iii) Redrafting of Conditions of Contract to meet special requirements of

the Contractor if the Consulting Q.S. is not appointed to undertake the
Basic Services for the same project;
(iv) Pricing of Bills of Quantities for Negotiated Tenders including pricing

and agreeing Schedule of Rates if the Consulting Q.S. is not appointed
to undertake the Basic Services for the same project;
(v) Preparation of Cost Analysis based on the accepted Contract Sum;

and
(vi) Preparation of Tender Price Index based on the accepted Contract

Sum.
(b) Post-Contract
(i) Remeasurement of the whole or part of the Building and associated

Works due to:
• replanning of internal layout arising from a change of use;
• repositioning of the building (if remeasurement is required);
• redesign of the structural elements in the works.
(ii) Remeasurement of works for Contracts based on Provisional Bills of

Quantities;
(iii) Specific Contractual Advice on Conditions of Contract if Consulting

Q.S. is not appointed to undertake the Basic Services for the same
project;
(iv) Services arising out of determination of the subcontractor's

employment;
CQ2/3
Revised
18/12/2000
(v) Continuing Professional Services on a protracted basis;
(vi) Attendance at post-contract meetings beyond the original completion

date of the project;
(vii) Evaluation of Loss and Expense Claims by the subcontractor based on

the actual costs;
(viii) Preparation of Bills of Quantities and other tender documents for

defects and outstanding works to be carried out by a separate
subcontractor;
(ix) Specific Services for Turnkey/Design & Build project if Consulting Q.S.
is appointed by the Contractor;
(x) Services for making good of works damaged by fire etc; and
(xi) Preparation of Costs Analysis based on the Final Contract Sum.
CQ3/3
Revised
18/12/2000
SECTION D
SCHEDULE OF FEES
SCHEDULE OF FEES
for the
.......................................................................................................................................
.......................................................................................................................................
AGREEMENT for the above Project entered into on the ..... day of ....... ………………
20.... by the undersigned parties refers to these SCHEDULE OF FEES which shall
be read and construed as part of the Agreement.
................................................... .......................................................…….
Signature of Consulting Consulting Architect. Signature of Contractor
Name in full: ............................... Name in full: .......................... ..…………
In the capacity of : ...................... Designation: .............................…………

on behalf of
.................................
Seal or chop of Consulting Architect.
Witness: ....................................... Witness: ..............................................
Name in full: ................................ Name in full: ........................................
Occupation: ................................. Designation: ........................................
Address: ......................................
......................................
......................................
DA1/17
1 DEFINITION
a) "Cost of Works" for the purpose of calculating the fees shall mean the total
payment made by the Government to the Contractor in respect for the
following:-
(i) of all builders and all specialists or sub-contractors works, including

all variations required by the Government that requires input by the
Consultant, services, installations and equipment designed,
specified or allowed for and forming an integral part of the total
project to enable it to function fully and occupied up to its intended
standard of comfort, convenience, décor and finishes;
(ii) including any payments (before deduction of any liquidated

damages or penalties payable by the Contractor to the Government)
made by the Government to the Contractor by way of bonus,
incentive or ex-gratia payments or in settlement of claims;
(iii) a fair valuation of any labour, materials, manufactured goods,

machinery or other facilities provided by the Government;
(iv) the full benefit accruing to the Contractor from the use of
construction plant and equipment belonging to the Government
which the Government has required to be used in the execution of
the works; and
(v) the market value, as if purchased new, of any second hand

materials, manufactured goods and machinery incorporated in the
works.
but shall not include:
(i) operating equipment or machinery that are not an integral essential

or essential part of the building;
(ii) administrative expenses incurred by the Government;
(iii) costs incurred by the Contractor under the agreement between the
Contractor and the Consulting Architect;
(iv) interests on capital employed during construction;
(v) the cost of raising money required for carrying out the construction
of works;
(vi) costs of land and way leaves;
(vii) professional fees payable or to be borne by the Contractor; and
(viii) works for which the Consulting Architect has no design input.
DA2/17
b) “multiplier” shall be as approved by the Government, which deemed to
include a factor derived from the elements covering annual salary; fringe
benefits including bonuses, Employees Provident Fund, staff savings and
pension fund, subscriptions to professional boards and institutions; payments
to registration boards, leave, medical aid and insurances, seminars,
conferences and workshops; office administrative charges and expenses
including rentals, telephone, telex, facsimile, courier and postal charges,
stationery, subscriptions to journals, promotion, training and scholarships,
transport cost, legal and audit fees, bank charges, idle time and profits. In the
case of site staff recruited specially for the project, the multiplier shall be
derived from the elements covering the annual salary, gratuity, Employees
Provident Fund, medical aid, insurances, transportation and other allowances,
overheads and profits;
c) “salary” means the basic salary in accordance with the prevailing Guidelines
issued by the Government;
d) “time cost” means the annual salary of any person employed by the
Consulting Architect divided by 1,800 (being deemed to be the average
annual total of effective working hours of an employee) and multiplied by the
number of working hours spent by such person in performing any of the
services in respect of which payment is to be made to the Consulting
Architect upon the basis of time cost. The annual salary of a person for a
period of less than a full year shall be calculated prorata to such person’s
salary for such lesser period.
PAYMENT OF FEES.
A Consulting Architect who is engaged to perform any of the professional advice and
services described in Section CA shall not charge less than the scale of minimum
fees described in paragraphs 2, 3 and 4 of this Section in addition to the other
payments described in paragraph 6, provided that the higher fees and charges
where justified by the Consulting Architect’s special expertise, experience or
standing may be applied with the prior agreement of the P.D. .
2. SCALE OF MINIMUM FEES - FEES FOR ADVISORY SERVICES
The Consulting Architect in providing any of the advisory services described

in Section CA shall be paid on the basis of time spent by the Consulting
Architect and his staff or on a lump sum derived from an estimate of time
likely to be spent as follows:-
(a) the principals shall be paid at the hourly rate or rates deduced from
the salary times the appropriate multiplier;
(b) the technical and supporting staff shall be paid the salary times the
appropriate multiplier;
(c) the cost of staff other than technical staff shall not be charged unless
otherwise agreed; and
DA3/17
(d) reimbursable expenses are paid as set out in paragraph 6(1) of this
section.
3. SCALE OF MINIMUM FEES - FEES FOR BASIC SERVICES
(1) The Consulting Architect in providing the basic services as described

in para 2.0 of Section CA shall be paid in accordance with the minimum
scale of fees as described below :
(a) The works shall first be classified under one or more of the three
categories of complexities as described in the Schedule; and
(b) The scales of minimum fees shall be a percentage based upon the
total cost of works as follows:
i) For building types of exception character and complexity classified

under Category 1 in the schedule:
Total Cost of Works (RM) Min. Percentage Fee (%)
Below 250,000 10.0%

RM25,000 + 9.25% x
250,000 - 500,000
(Cost less RM250,000)
RM48,125 + 8.50% x
500,000 - 1,000,000
RM90,625 + 7.75% x
1,000,000 - 2,000,000
(Cost less RM1,000,000)
RM168,125 + 7.0% x
2,000,000 - 4,000,000
RM308,125 + 6.25% x
4,000,000 - 8,000.000
RM558,125 + 5.50% x
8,000.000 - 16,000,000
RM998,125 + 4.75% x
16,000,000 - 32,000,000
RM1,758,125 + 4.25% x
32,000,000 - 64,000,000
RM3,118,125 + 3.75% x
64,000,000 - 128,000,000
RM5,518,125 + 3.50% x
128,000,000 - 256,000,000
RM9,998,125 + 3.25% x
256,000,000 - 512,000,000
RM18,318,125 + 3.0% x
512,000,000 - 1,024,000,000
DA4/17
RM33,678,125 + 2.75% x
1,024,000,000 and above
(Cost less RM1,024,000,000)
ii) For building types of average complexity requiring a moderate degree of

design and detailing classified under Category 2 in the schedule:
Below 250,000 7.50%

RM18,750+ 7.0% x
250,000 - 500,000
RM36,250 + 6.50% x
500,000 - 1,000,000
RM68,750+ 6.0% x
1,000,000 - 2,000,000
RM128,750+ 5.50% x
2,000,000 - 4,000,000
RM238,750+ 5.0% x
4,000,000 - 8,000.000
RM438,750+ 4.50% x
8,000.000 - 16,000,000
RM798,750+ 4.25% x
16,000,000 - 32,000,000
RM1,478,750 + 4.0% x
32,000,000 - 64,000,000
RM2,758,750 + 3.75% x
64,000,000 - 128,000,000
RM5,158,750 + 3.50% x
128,000,000 - 256,000,000
RM9,638,750 + 3.25% x
256,000,000 - 512,000,000
RM17,958,750 + 3.0% x
512,000,000 and above
DA5/17
iii) For building types of the simplest utilitarian character under Category 3
in the Schedule:
Below 250,000 5.0%

RM12,500 + 4.75% x
250,000 - 500,000
RM24,375 + 4.25% x
500,000 - 1,000,000
RM46,875 + 4.0% x
1,000,000 - 2,000,000
RM89,375 + 3.75% x
2,000,000 - 4,000,000
RM169,375 + 3.50% x
4,000,000 - 8,000.000
RM319,375 + 3.25% x
8,000.000 - 16,000,000
RM579,375 + 3.0% x
16,000,000 - 32,000,000
RM1,059,375 + 2.75% x
32,000,000 - 64,000,000
RM1,939,375 + 2.50% x
64,000,000 - 128,000,000
RM3,539,375 + 2.25% x
128,000,000 - 256,000,000
RM6,419,375 + 2.0% x
256,000,000 and above
(2) The computation of fees payable for projects comprising more than one category
of building types shall be as follows :
(i) the total cost of the works under the simpler category of complexity of
building types shall be derived and the fees computed in accordance
with the scale of minimum fees for the simpler category of complexity;
and
(ii) the additional fee for the next more complex category of building types
which shall be computed by applying the difference between the scale
of fees of the two categories upon the cost of the works for the more
complex category of building types and with the total cost of all
common and preliminary items apportioned between the two different
categories of building types.
DA6/17
(3) Where the Consulting Architect is engaged to render basic services which
entail repetitive works for the purpose of one building contract where the
construction works are executed within the same project site and the same
contract period, the fees shall be computed as follows:
Percentage of Fees Based on Total

Building Unit
Construction Cost
For the original unit 100% (full fees)
For the 2nd unit 40% of full fees
rd
For the 3 unit 35% of full fees
th
For the 4 unit and subsequent units 30% of full fees
entail repetitive work for the purpose of separate building contracts where the
construction works are on different sites or at different contract periods, the
fees shall be computed as follow:
Percentage of Fees Based on Total

Building Unit
Construction Cost
For the original unit 100% (full fees)
For the 2nd unit 65% of full fees
For the 3rd unit 55% of full fees
th
For the 4 unit and subsequent units 45% of full fees
entail repetitive work for housing projects, the fees shall be computed as
follows:
Percentage of the Total Cost of Works

Building Unit
For the 1st unit 100%
nd th
2 to 5 unit 75%
th th
6 to 10 unit 50%
11th to 20th unit 40%
21st to 50th unit 30%
51st unit and above 20%
The scale of fees for repetitive work shall be applied subject to the
following conditions:
DA7/17
(i). The fee per unit shall in no case be less than RM250 (note that this
rate is currently being reviewed by Board of Consulting Architects);
(ii). The total cost of works of a single unit shall be computed by including
the total cost of all the builders works, built-in fittings, integral services
and installations, site and external works and infrastructure services
serving the immediate site on which the units are constructed for all
the units that are repeated and dividing it by the total number of
repeated units;
(iii). A pair of semi-detached houses shall be considered as two buildings;
(iv). A unit in a row of terrace houses or shop houses including the end
units which may be differently treated shall be considered as one unit;
(v). A block of flats or flatted factories shall be considered as a single unit
but multiple units of individual flats or other units in a multi-storeyed
block shall not qualify for the application of the scale of fees for
repetitive work;
(vi). Where due to variation in site conditions it is necessary to modify the
design of the standard type plan to accommodate the ground level or
substructure of the building, the modified unit may still be considered
as a standard repetitive unit provided the additional work involved in
modifying the design and the preparation of additional drawings is
paid to the Consulting Architect on the basis of time cost; and
(vii). The handling (proposed amendment to `banding’ etc to be confirmed)
of plans of otherwise identical type plans of standard units in a
housing development scheme shall still qualify the units for application
of the scale of fees for repetitive work.
4. SCALE OF MINIMUM FEES - FEES FOR ADDITIONAL SERVICES
The Consulting Architect’s fees for providing the services under the
additional services as described in para 3.0 of Section CA shall be not less
than the following:
(a) Surveys and investigations

The basis of payment for the professional services rendered shall be as
set out in paragraph 3(1) of this section.
(b) Planning and development services

The fees for the various services under this category shall be as
follows :
(i) for preparing a preliminary technical evaluation of a project the

fees shall be as set out in paragraph 3(1) of this section;
(ii) for preparing plans for housing development as described in sub
paragraph 3.0 (b)(ii) of Section CA the fees shall either be on time
cost basis described under paragraph 3(1) of this section or on a
lump sum derived from an estimate of time likely to be spent and
agreed with the client; and
(iii) for preparing documents and providing services in connection with
demolition works as described in sub paragraph 3.0 (b) (iii) of
Section CA the fees shall be as set out in paragraph 3(1) of this
section.
DA8/17
(c) Supplementary Design Services
The fees for the various services under this category shall be as
follows :
(i) for providing full interior design services the fee shall be a
minimum of 10.0% of the total cost of the works executed and
forming the interior design contract together with all reimbursable
expenses as provided for under paragraph 5(1) of this section and
shall be paid to the Consulting Architect at such time as may be
agreed upon with the client when the Consulting Architect is first
engaged;
(ii) for providing full landscape design services the fee shall be a
minimum of 10.0% of the total cost of the works executed together
with all reimbursable expenses as provided for under paragraph
5(1) of this section and shall be paid to the Consulting Architect
at such times as may be agreed upon with the client when the
Architect is first engaged;
(iii) for providing design and management services in connection with
graphics and building signage, the minimum fee shall be on the
basis of time costs as provided under paragraph 3(1) of this
section together with all reimbursable expenses as provided for
under paragraph 5(1) of this section ;
(iv) for advising the client and providing services in connection with
works of art the fees shall be as set out in paragraph 3(1) of this
section; and
(v) for providing services in connection with development of designs
for prototype buildings as described in Sub paragraph 3.0 (c) (iii) of
Section CA, the fees shall be as set out in paragraph 3(1) of this
section.
(d) Financial Advisory Services
The fees for rendering the professional services under this category
shall be as follows :
(i) for preparing cost estimates and other services as described in
sub paragraph 3.0 (d)(i) the fees shall be as set out in paragraph
3(1) of this section.
(e) Exceptional Negotiations or Protracted Involvement
The fees for rendering the professional services as described under

Sub paragraph 3.0(e)(i) of Section CA and Sub paragraph 3.0 (e)(iii)
of Section CA shall be as set out in paragraph 3(1) of this section.
(f) Payment for Inspection of works.
(i) In an event where more frequent or constant inspection is

considered by the Consulting Architect and approved by the P.D.
to be necessary , the Consulting Architect shall be :-
(a) reimbursed for all salary costs made by the Consulting

Architect to his own staff seconded to the site in the
DA9/17
discharge of the Consulting Architect’s responsibilities under
para 2.0(d)(iv) section CA times a multiplier; and
(b) reimbursed for all salaries and wage payments made by the
Consulting Architect to site staff specially recruited by the
Consulting Architect in the discharge of his responsibilities
under para 2.0 (d) (iv) section CA times a multiplier, and for
all other expenditures actually incurred by the Consulting
Architect in connection with the selection, engagement and
employment of the site staff.
DA10/17
No. ADDITIONAL SERVICES BASIS OF PAYMENT
A. Surveys and investigations Time Cost

B. Planning and development services
(i). Preparing a preliminary technical Time Cost
evaluation
(ii). Preparing plans for housing Time Cost or a lump sum derived
developments from an estimate of time likely to
be spent and agreed with the P.D.
(iii). Preparing documents and
providing services in connection Time Cost
with demolition works
C. Supplementary Design services
(i). Providing full interior design Minimum 10% of the total cost of
services the works executed and forming
the interior design contract
together with all reimbursable
expenses as provided under para
6(1) and shall be paid to the
Consulting Architect at such time
as may be agreed upon with the
Contractor when the Consulting
Architect is first engaged.
(ii). Providing full landscape design Minimum 10% of the total cost of
services the works executed together with
all reimbursable expenses as
provided under para 6(1) and
shall be paid to the Consulting
Architect at such time as may be
agreed upon with the Contractor
when the Consulting Architect is
first engaged.
(iii). Providing design and
management services in Time Cost together with
connection with graphics and reimbursable expenses as
building signage provided under para 6(1)
(iv). Advising the P.D. and providing
services in connection with works Time Cost
of art
(v). Providing services in connection
with development of designs for Time Cost
prototype buildings
DA11/17
No. ADDITIONAL SERVICES BASIS OF PAYMENT
D. Financial Advisory services

(i). Preparing cost estimates and Time Cost
other services
E. Exceptional Negotiations or Protracted Time Cost
Involvement
F. Project Management and Administration
(i) Providing total project Time Cost
management services from the
inception to completion of a
project
(ii) Providing periodic or full time Time Cost

resident site personnel for
frequent or constant inspection of
the works
(iii) Providing the full services Time Cost
required for construction
management in serving as the
overall coordinator where
separate contracts for each trade
are awarded
(iv) preparing `as built’ drawings of Time Cost
buildings on which the Consulting
Architect was not the designer
(v) Preparing a programme for the Time Cost
maintenance of a building and
arranging maintenance contracts
DA12/17
5 PAYMENT OF FEES
(a) The fees payable to the Consulting Architect shall be made as follows –
UPON COMPLETION PERCENTAGE CUMULATIVE

OF EACH PHASE FEE FOR PHASE PERCENTAGE
FEE FOR PHASE
Schematic Design Phase 15% 15%
Design Development 30% 45%

Phase
Contract Documentation 20% 65 %

Phase
Contract Implementation 35% 100%

and Management Phase
(b) Where the Consulting Architect has not completed all the work described
under the Schematic Design Phase but has only prepared preliminary sketch
designs or studies to illustrate the possibilities or viability of a site or cost of a
scheme the fee shall be as set out in based on time spent by the Consulting
Architect and his staff or on a lump sum derived from an estimate of time
likely to be spent and agreed with the P.D. .
(c) Where the Consulting Architect is engaged only for the purpose of the
Contract Implementation and Management Phase the Consulting Architect's
fee shall be increased by 15% of the appropriate percentage fee for this
phase and shall be paid by instalments based on the value of works as
certified from time to time.
(d) The Consulting Architect shall be entitled to monthly payments in proportion

to the services rendered so that the total fees paid at the completion of each
of the phases shall be equal to the percentages as set out in Paragraph 5(a)
of this section.
(e) The Consulting Architect shall be paid for Reimbursable Expenses as

described in paragraph 6(1) of this section at monthly intervals upon
presentation of the Consulting Architect's account.
(f) All fees or charges due to the Consulting Architect shall not be reduced or
withheld on account of any penalties, liquidated and ascertained damages or
any other sums withheld from payments to the Contractor or other parties
unless such penalties, liquidated and ascertained damages or sum withheld
are due to the default of the Consulting Architect.
DA13/17
6. OTHER PAYMENTS
(1) Reimbursable Expenses
a. In addition to the fees payable to the Consulting Architect for any of the
services rendered, the Consulting Architect shall also be entitled to be
reimbursed by the Contractor for the disbursements actually incurred -
for the following:-
(i) printing, reproducing all documents, drawings, maps, models,
photographs and other records including those used in
communication between the Consulting Architect and the other
independent consultants and subcontractors with the exception of
one free set of all documents to be provided to the Contractor at all
phases of the work during the Consulting Architect's basic services
and in making enquiries to Contractors, subcontractors and
suppliers;
(ii) telegrams, telex, facsimile transmissions, outstation telephone calls
and postage and courier charges for sending documents or other
items at the request of the Contractor;
(iii) hotel and travelling expenses based on the current government rates
not exceeding that of a government scale grade J48 or equivalent
entitlement;
(iv) advertisements for calling of tenders and for site personnel as
required by the Contractor ; and
(v) fees payable to independent consultants where they are engaged
directly by the Consulting Architect with the prior approval of the
Contractor.
(2) Payment for alteration or modification of design
If after the completion by the Consulting Architect of his professional services at

any time after the execution of an agreement between the Consulting Architect
and the Contractor, any design whether completed or in progress or any
specification, drawings or other document prepared in whole or in part by the
Consulting Architect are required to be modified or revised by reason of
circumstances which could not reasonably have been foreseen, the Consulting
Architect shall be paid an additional payment by the Contractor in accordance
with paragraph 2 of this section for the additional works together with any
reimbursement as provided in paragraph 6(1) of this section, provided that the
Consulting Architect shall only be paid for any modification or revision to the
design after P.D has given its agreement to the final conceptual design.
(3) Payment when works are damaged or destroyed
If at anytime either during the execution of the works or before the expiry of
Defects Liability Period/Period of Maintenance any part of the works or any
material, plant or equipment whether incorporated in the works or not are
damaged or destroyed not due to the negligence on the part of the Consulting
Architect, the Consulting Architect shall be paid an additional payment in
respect of any expenses incurred or additional work required by the Contractor
to be carried out by the Consulting Architect then the Consulting Architect shall
be paid by the Contractor in accordance with paragraph 2 of this section for the
additional works together with any reimbursements as provided in paragraph
6(1) of this section.
DA14/17
(4) Payment following termination or suspension by the Contractor
(i) In the event of the termination of this agreement (unless such termination
shall have been occasioned by the default of the Consulting Architect) or
the suspension of the project by the Contractor, the Consulting Architect
shall be paid the following sums (less the amount of payments previously
made to the Consulting Architect).
a) A sum deducible from the percentage of the project completed up till

the time of termination or suspension; and
b) Amounts due to the Consulting Architect under paragraphs 2, 3
and 4, provided that the Consulting Architect shall accept the said
payments by the Contractor as full and complete settlement of its
claim for payment under or arising out of this agreement.
(ii) In the event that the Consulting Architect is required to recommence the
project suspended by the Contractor the Consulting Architect shall be paid
for the performance of his professional services the sum payable to the
Consulting Architect under paragraphs 2, 3 and 4.
(iii) If the works are suspended or postponed following the postponement of

the Project by the P.D., the fees payable to the Consulting Architect shall
be as follows:-
a) for the preliminary stage, design stage and tender stage, the fees shall
be computed on the lowest acceptable tender provided that if no
acceptable tender is received then the fees shall be computed on the
estimate made by the Consulting Architect of the cost of works at the
date of calling for tenders;
b) If the works subsequently resumed, the total fees payable to the
Consulting Architect, inclusive of the fees paid under sub-
subparagaraph 6(4)(iii)(a) shall be as follows:
(aa) for the preliminary stage, design stage and tender stage – the
fees shall be as computed in sub-subparagraph 6(4)(iii)(a); and
(bb) for the construction stage – the fees shall be computed on the
final contract sum of the works at the time of completion of the
works.
(5) Payment following termination by the Consulting Architect.
In the event of a termination by the Consulting Architect, the Consulting

Architect shall be entitled to be paid the sums specified in paragraph 6(4)(i) less
the amount of payment previously made to the Consulting Architect.
(6) The Consulting Architect shall also in all cases be reimbursed for the actual
cost of providing such site office accommodation, furniture, telephones,
equipment and transport as shall be reasonably necessary for the use of the
Consulting Architect’s site staff, and for the actual running costs of the site
accommodation and other facilities including those of any stationery,
telephones calls, telegrams, telex, facsimile, courier service and postage unless
they are provided by the Contractor.
DA15/17
SCHEDULE
CLASSIFICATION OF BUILDING TYPES UNDER

CATEGORIES OF COMPLEXITY
CATEGORY 1
Buildings of exceptional character and complexity
Airport terminal buildings

Abbatoirs
Chancery buildings
Embassy buildings
Ferry terminal buildings
Hospitals (Service, teaching, central-support units or departments to
hospitals)
Individually - designed houses
Legislative buildings
Mausoleums
Memorials
Monuments
Museums
Observatories
Palaces
Renovation works
CATEGORY 2
Buildings of average complexity requiring a moderate degree of
design and detailing
Aquaria
Art galleries
Assembly halls
Auditoria
Bakeries
Banks
Bowling alleys
Cinema halls
Club houses
College buildings
Concert halls and theatres
Convention halls and facilities
Court houses
Crematoria
Cafeteria and canteens
Civic centres
Community centres
Departmental stores
Exhibition/exposition buildings
Fire stations
Flat (blocks of)/Apartment buildings
Gymnasia
Hotels
Housing estates
Industrial buildings with manufacturing and packaging facilities
DA16/17
Kindergarten
Libraries
Marinas
Markets
Medical and health clinics
Mixed residential/commercial complexes
Motels
Nursing homes
Office buildings
Parking structures (multi-storeyed)
Petrol filling and service stations
Prisons
Post offices
Police stations
Prefabricated structures
Power stations
Recreational buildings and facilities
Restaurants
Road transportation terminal buildings
Religious buildings
Research buildings
School buildings (other than government primary and secondary
schools where standard plans are used)
Shophouses
Shopping centres/complexes
Skating rinks (covered, ice/roller skating)
Sports buildings
Stadia
Supermarkets
Telephone exchange buildings
University buildings
Veterinary clinics
CATEGORY 3
Buildings of the simplest utilitarian character
Carports (single-storeyed)
Farm buildings
School buildings (government and government-aided primary and
secondary schools - where standard plans are
used)
Simple industrial type buildings
Storage or warehouse buildings
DA17/17
SECTION DE
SCHEDULE OF FEES
FOR
CONSULTING ENGINEER
SCHEDULE OF FEES
for the
.......................................................................................................................................
.......................................................................................................................................
AGREEMENT for the above Project entered into on the ..... day of ....... ……..............
20....... by the undersigned parties refers to these SCHEDULE OF FEES which shall
be read and construed as part of the Agreement.
................................................... ............................................................
Signature of Consulting Engineer. Signature of Contractor
Name in full: ............................... Name in full:......................... …………
In the capacity of : ...................... Designation: .......................................

on behalf of
.........................................
Seal or chop of Consulting Engineer.
Witness: ....................................... Witness: ..............................................
Name in full: ................................ Name in full: ........................................
Occupation: ................................. Designation: ........................................
Address: ......................................
......................................
DE 1/15
Revised
19..11. 2003
1. DEFINITION
(a) “builder’s work drawing” means the drawings prepared or approved by the
Consulting Engineer which show details of work of a structural nature which is
required to be carried out by a builder or other party to facilitate the execution
of the engineering systems in the buildings;
(b) “Cost of Works” for the purpose of calculating the fees shall mean the total
payment made by the Government to the Contractor , in respect for the
following
(i) any payment (before deduction of any amount of liquidated

damages or penalties payable by the Contractor to the
Government) made by the Government to the Contractor by way
of bonus, incentive or ex-gratia payments or in settlement of
claims;
(ii) a fair valuation of any labour, materials, manufactured goods,

machinery or other facilities provided by the Government, and of
the full benefit accruing to the Contractor from the use of any
construction plant and equipment belonging to the Government
which the Government has required the Contractor to use in the
execution of the works;
(iii) the market value, as if purchased new, of any second-hand

materials, manufactured goods and machinery incorporated in the
works;
(iv) the cost of geotechnical investigations;
(v) a fair proportion of the total cost to the Government of any work
executed in connection with the provision or diversion of public
utilities systems which is carried out, other than by the Contractor,
under arrangements made by the Consulting Engineer, assessed
with reference to the cost incurred by the Consulting Engineer in
making such arrangements, and
(vi) any variations required by the Government that requires input by

the Consulting Engineer,
but shall not include-
(aa) the administration expenses incurred by the Government;
(bb) the costs incurred by the Contractor under the agreement

between the Contractor and the Consulting Engineer for
professional services for the works;
(cc) the interest on capital during construction, and the cost of raising
moneys for carrying out the construction of the works;
(dd) the cost of land and wayleaves;
DE 2/15
Revised
19..11. 2003
(ee) professional fees payable or to be borne by the Contractor ; and
(ff) works for which the Consulting Engineer has no design input.
(c) “engineering system” means all mechanical and electrical services, plant
and equipment installed for the Project, and comprises as may be required
such items as are listed below:
(i) Electrical Installations which include
aa) High Voltage System

Generating switchgear and equipment, over-head line,
underground cabling, metering.
bb) Low Voltage System

Generating, over-head line, underground cabling, metering,
sub-marine cabling, lighting system, wiring works,
switchboard and accessories, motor and starter, lightning
protection, earthing.
cc) Extra Low Voltage System

Security an close circuit television (CCTV),
UPS(Uninterruptible power supply), solar system, electric-
surgical table, energy saving equipment.
dd) Electronic and Control engineering system

Toll collection, data collection, intelligent transport system,
programmable logic control, x-ray, scoreboard and display
board (electronic), radar/sonar/radio detection,
instrumentation.
ee) Information and Communication Technology (ICT) System.

Telephone system, PABX and key phone system, video
conferencing, Intercom, nurse call, digital call, SCADA and
telemetry, translate system, IT network, fibre Optic cabling
and distribution, wireless telecommunication, signaling.
ee) Sound, audio Visual and Acoustic System

Public Address, Audio Visual, signal cabling, master TV
antenna (MATV), acoustic and sound proofing.
(ii) Mechanical Installations which include
aa) Air conditioning and Ventilating

Air-conditioning, mechanical ventilation, ice thermal storage,
district cooling, cold room.
bb) Fuel and Gas Distribution System

Medical Gases piping system, lpg system, lab gases, general
compressed air, vacuum system, bulk fuel installation.
DE 3/15
Revised
19..11. 2003
cc) Fire Protection System
dd) Lifts and escalators

Lifts, escalators, dumbwaiter, hoists.
ee) Steam Generation System
ff) Building Automation System

Intelligent building, Building management system, energy
management.
gg) Material Transportation

Pneumatic tube system, telelift, conveyor system.
hh) Medical and Lab Equipment

Sterilisers, washer, disinfectors, dental chair, hydrotherapy
pool, mortuary cabinet, fume cupboard, cytotoxic cabinet,
laminar flower cabinet.
ii) Kitchen Equipment

Food preparation, cooking, conveying and serving system.
jj) Internal Hot and Cold Water system

Pumping system, calorifiers, hot water boilers, heat pump.
kk) Other mechanical Equipment and Installation

Incinerator, laundry equipment, audometry cabin.
(d) “installation drawing” means the drawings, prepared or approved by the

Consulting Engineer, which show details of the Contractor’s proposals for the
execution of the engineering system;
(e) “multiplier” shall be as approved by the Government, which deemed to

include a factor derived from the elements covering –
(i) the annual salary;
(ii) the fringe benefits including benefits from bonuses, the

Employee’s Provident Fund, Social Security Organisation, staff
savings fund, subscriptions to professional boards and institutions,
leave, medical aid and insurances, seminars, conferences and
workshops;
(iii) the office administrative charges and expenses including rentals,

telephone and telex, facsimile and postal charges, stationery,
subscriptions to journals, promotion, training and scholarships,
transport costs, legal and audit fees, bank charges and idle time;
and
(iv) the profits,
DE 4/15
Revised
19..11. 2003
and, in the case of site staff recruited especially for the Project, the multiplier
shall be derived from the elements covering the annual salary, gratuity,
benefits from the Employee’s Provident Fund and Social Security
Organisation, medical aid, insurance, overhead costs and profit only;
(f) “as built drawings” means drawings, prepared or approved by the
Consulting Engineer, which show clearly the general scheme and the details
of the engineering system in the building as completed;
(g) “salary cost” means the annual salary of a person employed by the
Consulting Engineer divided by 1800 (this being deemed to be the average
annual total of effective working hours of an employee) and multiplied by the
number of working hours spent by the person in performing any of the
services in respect of which payment is to be made to the Consulting
Engineer upon the basis of salary cost; and for the purpose of this definition,
the annual salary of a person for a period of less than a full year shall be
calculated prorata to the person’s salary for such lesser period;
(h) “salary” means the basic salary in accordance with the prevailing Guidelines
issued by the Government;
(i) “structural engineering works in building” means all works in structural

reinforced concrete, prestressed concrete, steel, timber and other materials or
a combination of any of these, which are designed to transmit the weight of,
and the loads on, the building to the ground and includes the foundations and
excavations connected with them;
(j) “tender drawings” means the drawings prepared by the Consulting Engineer
in sufficient detail to enable those persons tendering to interpret correctly the
design of the works and to submit competitive tenders for the execution of the
works;and
(k) “the works” means the works in connection with which the Contractor has
engaged the Consulting Engineer to perform professional services, and which
may comprise –
(i) Type A works, namely, civil and structural engineering works

(other than structural engineering works in buildings), mechanical
engineering works and electrical engineering works (other than the
engineering systems in buildings);
(ii) Type B works, namely, structural engineering works in buildings

other than single unit or multiple units of houses, shop houses,
flats, condominiums and apartments of not more than four storeys
high; and/or
(iii) Type C works, namely, engineering systems in buildings other

than single unit or multiple units of houses, shop houses, flats,
condominiums and apartments of not more than four storeys high.
2. SCALE OF FEES FOR BASIC PROFESSIONAL SERVICES

DE 5/15
Revised
19..11. 2003
The Consulting Engineer in performing the professional services described in
subparagraphs 1(1), 1(2) and 1(3) of Section CE shall be paid in accordance
with only one of the following modes of remuneration as described in
subparagraphs 2(1) and 2(2).
(1) Payment Depending Upon The Cost Of the Works
(a) The fee to be paid to the Consulting Engineer shall be an

amount equal to the product of the total Cost of the Works times
the percentage determined from the Scale of Fees set out in sub-
subparagraph 2(1)(b).
(b) The Scale of Fees referred to in sub-subparagraph 2(1)(a) shall

be as follows:
Total Cost Of Components Of

The Works In The Respective
Type in RM P(max) P(min)
100,000 & below 10.00% 8.25%

250,000 8.65% 7.45%
500,000 7.60% 6.85%
1,000,000 6.80% 6.30%
2,500,000 6.00% 5.65%
5,000,000 5.50% 5.20%
10,000,000 5.00% 4.75%
20,000,000 4.65% 4.25%
25,000,000 4.50% 4.10%
50,000,000 4.25% 3.80%
75,000,000 4.10% 3.70%
100,000,000 3.95% 3.60%
150,000,000 3.70% 3.40%
200,000,000 3.55% 3.25%
250,000,000 3.40% 3.10%
300,000,000 3.30% 3.00%
350,000,000 3.20% 2.90%
400,000,000 3.10% 2.80%
500,000,000 2.95% 2.70%
600,000,000 2.85% 2.60%
700,000,000 2.75% 2.50%
800,000,000 2.67% 2.40%
900,000,000 2.60% 2.33%
1,000,000,000 & above 2.54% 2.28%
Intermediate values shall be interpolated linearly from the adjacent

percentages of P(max) or P(min), as the case may be.
The actual percentage to be used in sub-subparagraph 2(1)(a) shall

be a value within the range P(min) to P(max), and shall be agreed to
between the Contractor and the Consulting Engineer prior to the
engagement. Selection of the actual percentage shall be based on the
DE 6/15
Revised
19..11. 2003
complexity of the works.
(c) If bar bending schedules for reinforced concrete work are prepared
and furnished by the Consulting Engineer he shall be paid an
additional fee calculated at 3/4 (three quarters) percent of the cost of
the reinforced concrete work for which the bar bending schedules are
prepared and furnished. In this context, reinforced concrete work
comprises concrete, reinforcements, prestressing tendons and
anchorages, formwork, inserts and all labour, together with the
relevant portion of the preliminaries.
(d) If the works are to be constructed in more than one phase and as a
consequence the services which the Consulting Engineer has to
perform under subparagraphs 1(1), 1(2) and 1(3) of Section CE, have
to be undertaken by the Consulting Engineer separately in respect of
each phase, then these provisions for payment shall apply separately
to each phase as if the expression “the works” as used in this
paragraph means the works comprised in each phase.
(e) If the design of any unit of works is adopted again in the construction
of subsequent units by the same Contractor under one works contract
or under other works contracts at the same site or other sites under
the same consultancy agreement, and the Consulting Engineer’s
same drawings, specifications and other documents are used with or
without modification of foundations to suit site conditions, the fees
shall be reduced for each of the second and subsequent units in
accordance with the following Tables A or B:
DE 7/15
Revised
19..11. 2003
Table A: Applicable to Type A Works
Fees as % of the full fee for all stages for 1st

Unit
Unit For design Up to & Up to &

Concerned copyright including including
only tender stage construction
stage
1st Unit (Apply subparagraph 2(1) or 2(2) , whichever is

applicable)
2nd Unit 30 35 65
3rd Unit 20 25 55
4th Unit 10 15 45
Each of the Free of 5 35
5th & charge
Subsequent
Units
Table B: Applicable to Type B and Type C Works
Fees A For Fees B For

Structural Engineering
Unit Concerned Engineering Systems (As
Works (As % % of fee for 1st
of fee for 1st Unit)
Unit)
1st Unit 100 100

Each of the 2nd to 5th Units 75 75
Each of the 6th to 10th Units 50 50
Each of the 11th to 20th Units 40 40
Each of the 21st & 30 30
Subsequent Units
(f) The scale of fees for repetitive work mentioned in sub-subparagraph

2(1)(e) shall be applied subject to the following conditions:
(i) a block of shops, flats, apartments or condominium shall be

considered as a unit;
(ii) the cost of a single unit shall be computed by including the

apportioned preliminaries;
DE 8/15
Revised
19..11. 2003
(iii) if it is necessary to modify the design of the standard unit to
accommodate the ground level for the substructure of any
repetitive unit or part of any repetitive unit due to variation in
site conditions or other reasons, the modified unit shall still be
considered as a repetitive unit provided that the additional
work involved in modifying the design and preparation of
additional drawings is paid for by the Contractor to the
Consulting Engineer on a time basis (i.e. salary cost times a
multiplier) together with relevant disbursements as provided in
subparagraphs 5(2) and 5(3) , and
(iv) if a development has units comprising different numbers of

shops, flats, apartments or condominiums of similar designs in
each unit (i.e. the intermediate shops, flats, apartments or
condominiums of the units having identical or mirror plans
each to each, and the end shops, flats, apartments or
condominiums of the units having identical or mirror plans
each to each), then for the purpose of application of the Scale
for repeated works prescribed in sub-subparagraph 2(1)(e) ,
the cost of every one of the units shall be taken as equal to the
average cost of all such units of similar design including
apportioned preliminaries.
(2) Payment On The Basis Of Salary Cost Times Multiplier
(a) In respect of the provision by the Consulting Engineer of

professional services described in the following paragraphs:
Subparagraphs 1(1), 1(2) Basic Professional Services

And 1(3) of , Section CE
Subparagraphs 2(1), 2(2) Additional Professional Services

And 2(3) of , Section CE Not Included In Basic Professional
Services
Paragraph 5 Other Payments,
the Consulting Engineer shall be paid:
(i) salary cost times the multiplier in respect of the times

spent in providing the services by partners,
Consultants, and technical supporting staff; and
(ii) the fee for the use of computers or other special

equipment under subparagraph 5(1).
(b) The Consulting Engineer shall not be entitled to any payment

in respect of time spent by secretarial staff or by staff engaged
on general accountancy or administration duties in the
Consulting Engineer’s office.
DE 9/15
Revised
19..11. 2003
3. SCALE OF FEES – ADDITIONAL PROFESSIONAL SERVICES NOT
INCLUDED IN BASIC SERVICES
The Consulting Engineer who has rendered any of the additional professional
services described in subparagraphs 2(1), 2(2) and 2(3) of Section CE shall
be paid in accordance with the following scale of fees:
(a) the input of partners and consultants shall be paid for at the
hourly rate or rates agreed between the Contractor and the
Consulting Engineer or at rates derived from the salary cost
times the appropriate multiplier;
(b) the input of technical and supporting staff shall be paid for at
the rates derived from the salary cost times the appropriate
multiplier;
(c) the time spent by partners, consultants, technical and

supporting staff in travelling in connection with Additional
Professional Services shall be paid for as provided in
subparagraphs 3(a) and 3(b) ;
(d) Consulting Engineer shall not be entitled to any payment in

respect of time spent by secretarial staff or by staff engaged on
general accountancy or administration duties in the Consulting
Engineer’s office;and
(e) if the Consulting Engineer has obtained the advice of a

specialist under sub-subparagraphs 2(1)(b), 2(2)(b) and 2(3)(b)
of Section CE, the Consulting Engineer shall be paid by the
Contractor a co-ordinating fee of 5% of the specialist fee paid
to the specialist by the Contractor provided that such co-
ordinating fee shall not be applicable when the method of
payment for the professional services rendered is agreed
between the Consulting Engineer and the Contractor to be as
described in subparagraph 2(2) of this Section .
DE 10/15
Revised
19..11. 2003
4. STAGES OF PAYMENT OF FEES
The proportions of the total fee for the works to be paid to the Consulting
Engineer against the relevant stages of professional services shall be as
follows:
Type A Type B Type C

Works Works Works
1. Preliminary stage 15% 15% 15%
2. Design stage (i) 20% 30% 20%
3. Design stage (ii) & (iii) 15% 15% 20%
4. Tender stage 5% 5% 5%
5. Construction stage - - -
i) Supervision 25% 15% 20%
ii) Preparation of as built 10% 10% 10%

drawing & records
iii) Preparation of Final

Account
10% 10% 10%
Unless otherwise specified or mutually agreed beforehand between the

Contractor and the Consulting Engineer, the fee apportioned to each stage
shall be paid in full even if, under the circumstances in a particular case, the
Consulting Engineer is not required to perform some of the professional
services listed under that stage in Section CE.
5. OTHER PAYMENTS
(1) Payment For Use Of Computer (software and/or hardware) Or

Other Special Equipment
If the Consulting Engineer is to be paid by the Contractor:-
a) in accordance with subparagraph 2(2) of this Section for the

performance of his basic professional services described in
subparagraphs 1(1), 1(2) and 1(3) of Section CE or of any
additional professional services described in subparagraphs
2(1), 2(2) and 2(3) of Section CE or
b) in accordance with subparagraph 2(1) of this Section for the

performance of his basic professional services described in
subparagraphs 1(1), 1(2) and 1(3) of Section CE and with
DE 11/15
Revised
19..11. 2003
subparagraph 2(2) of this Section for the performance of any
additional professional services described in subparagraphs
2(1), 2(2) and 2(3) of Section CE,
and in both instance, computers or other special equipment had been

utilised for specialised designs and studies with the prior approval, or
at the request of the P.D., the Consulting Engineer shall be paid for :
(i) the time spent in connection with the use of the computers or
other special equipment, the development and writing of
programmes, and the operation of the computers and other
special equipment in trial and final runs, in accordance with
subparagraph 2(2) of this Section whenever applicable, or in
accordance with the scale of fees described in paragraph 3 of
this Section; and
(ii) the actual charge for the use of the computers (software and/or
hardware) or other special equipment.
(2) Disbursements
The Consulting Engineer shall be in all cases be reimbursed by the

Contractor for the disbursements actually incurred but not exceeding current
government rates in connection with:
(a) the printing, reproduction and purchase of all documents, drawings,

maps and records;
(b) telegrams, telex, facsimile, courier service and telephone calls other
than local calls;
(c) travelling, hotel expenses and other similar disbursements based on

current government rates but not exceeding that of a government
scale grade J48 entitlement;
(d) the advertisements for tenders and for site staff;
(e) the provision of additional professional services to the P.D. under sub-
subparagraphs 2(1)(b), 2(2)(b) and 2(3)(b) of Section CE;
(f) the service tax as required by the law for the professional fee; and
(g) any fees, costs or charges paid by the Consulting Engineer to the
local authority or other authorities in connection with the seeking and
obtaining of statutory approvals.
(3) Payment For Alteration or Modification To Any Approved Design
If after the completion by the Consulting Engineer of his professional

services under sub-subparagraphs 1(1)(a), 1(2)(a) and 1(3)(a) of
Section CE whichever is applicable, any design whether completed or
in progress or any specifications, drawings or other documents
prepared in whole or in part by the Consulting Engineer is required to
DE 12/15
Revised
19..11. 2003
be altered or modified by reason of instructions received by the
Consulting Engineer from the Contractor, at the instruction of the
P.D., the Consulting Engineer shall be paid an additional payment by
the Contractor as provided in subparagraph 2(2) of this Section
calculated in accordance with paragraph 3 of this Section and also
any appropriate reimbursements provided in paragraphs 5(1) and
5(2) for making any necessary alteration or modification and for any
consequential reproduction of documents, provided that the
Consulting Engineer shall only be paid for any alteration or
modification to the design after the P.D. has given his approval to the
design.
(4) Payment For Site Supervision
(i) In addition to any other payments to be made by the Contractor to the

Consulting Engineer under this Section the Consulting Engineer shall
be -
(a) reimbursed for all salary costs made by the Consulting

Engineer to his own staff seconded to the site in the discharge
of the Consulting Engineer’s responsibilities under paragraph 3
of Section CE times a multiplier; and
(b) reimbursed for all salaries and wage payments made by the
Consulting Engineer to site staff specially recruited by the
Consulting Engineer in the discharge of his responsibilities
under paragraph 3 of section CE times a multiplier, and for all
other expenditures actually incurred by the Consulting
Engineer in connection with the selection, engagement and
employment of the site staff with the consent of the Contractor
and the P.D. .
.
(ii) The Consulting Engineer shall also in all cases be reimbursed for the
actual cost reasonably incurred for providing such site office
accommodation, furniture, telephones, equipment and transport as
shall be reasonably necessary for the use of the Consulting
Engineer’s site staff, and for the actual running costs of the site
accommodation and other facilities including those of any stationery,
telephone calls, telegrams, telex, facsimilie, courier services and
postage unless they are provided by the Contractor.
(5) Payment When Works Are Damaged Or Destroyed
If at any time either during the execution of the works or before the
expiry of the Defects Liability Period/Period of Maintenance any part of
the works or any materials, plant or equipment whether incorporated
in the works or not are damaged or destroyed not due to the
negligence on the part of the Consulting Engineer, resulting in
additional work being required by the Contractor to be carried out by
the Consulting Engineer, then the Consulting Engineer shall be paid
by the Contractor on a time basis (i.e. salary cost times a multiplier)
for the additional works together with any reimbursements as provided
in paragraph 5(2) of this Section.
DE 13/15
Revised
19..11. 2003
(6) Payment Following Termination Or Suspension By The
Contractor
(i) In the event of a termination or suspension by the Contractor of the

works or of the Consulting Engineer’s services (unless in the case of
the latter where the termination or suspension had been occasioned
by the default or negligence of the Consulting Engineer), the
Consulting Engineer shall be paid the following sums (less the amount
of payments previously made to the Consulting Engineer):
(a) a sum deducible from the stage of professional services

completed at the time of termination or suspension;
(b) a disruption charge equal to one sixth of the difference

between the sum, which would have been payable to the
Consulting Engineer under subparagraphs 2(1) and 2(2)
whichever may be applicable (as if the full scope of
professional services has been completed by the Consulting
Engineer under the terms of his engagement), but for the
termination or suspension, and the sum payable under sub-
subparagraph 5(6)(i)(a) provided that the professional services
have advanced beyond the preliminary stage; and
(c) amounts due to the Consulting Engineer under any other

paragraphs 2, 3 and 4 of this Section.
(ii) If the Consulting Engineer is required to recommence his professional

services for the works suspended by the Contractor, the Consulting
Engineer shall be paid for the performance of his professional services
the sum payable to the Consulting Engineer under subparagraph 2(1)
and/or subparagraph 2(2) whichever may be applicable, the payments
under subparagraphs 5(6)(i)(a) and (c) of this Section being treated
as payments on account, provided that the Consulting Engineer shall
retain as an additional payment the disruption charge referred to in
sub-subparagraph 5(6)(i)(b).
(iii) If the works are suspended or postponed following the postponement

of the Project by the P.D., the fees payable to the Consulting
Engineer shall be as follows:
(a) for the preliminary stage, design stage and tender stage, the
fees shall be computed on the lowest acceptable tender
provided that if no acceptable tender is received then the fees
shall be computed on the estimate made by the Consulting
Engineer of the Cost of the Works at the date of calling for
tenders;
(b) if the works subsequently resumed, the total fees payable to

the Consulting Engineer, inclusive of the fees paid under sub-
subparagraph , 5(6)(iv)(a) shall be as follows:
(aa) for the preliminary stage, design stage and tender

stage -- the fees shall be as computed in sub-
DE 14/15
Revised
19..11. 2003
subparagraph 5(6)(iv)(a) ; and
(bb) for the construction stage -- the fees shall be computed

on the final contract sum of the works at the time of
completion of the works.
(iv) If the Consulting Engineer is required to perform any additional

services in connection with the resumption of his professional services
in accordance with subparagraph 5(6)(ii), the Consulting Engineer
shall be paid for the performance of the additional professional
services on a time basis (i.e. salary cost times a multiplier) and also
any appropriate reimbursements in accordance with paragraph 5(2)
of this Section.
(7) Payment Following Termination By The Consulting Engineer
If there is a termination by the Consulting Engineer of his professional

services (unless the termination had been occasioned by the default
or negligence of the Consulting Engineer), the Consulting Engineer
shall be entitled to be paid the sums specified in sub-subparagraphs
5(6)(i)(a) and (c) less the amount of payments previously made to the
Consulting Engineer.
DE 15/15
Revised
19..11. 2003
SECTION DQ
SCHEDULE OF FEES
FOR
CONSULTING QUANTITY
SURVEYOR
SCHEDULE OF FEES
for the
........................................................................................................................................
........................................................................................................................................
AGREEMENT for the above Project entered into on the ..... day of ....... …………………
20...... by the undersigned parties refers to these SCHEDULE OF FEES which shall be
read and construed as part of the Agreement.
................................................... ........................................................…….
Signature of Consulting Q.S. Signature of Contractor
Name in full: ............................... Name in full: .......................... ..………….
In the capacity of : ...................... Designation: .............................………….

on behalf of
.................................
Seal or chop of Consulting Q.S.
Witness: ....................................... Witness: .....................................
Name in full: ................................ Name in full: ...............................
Occupation: ................................. Designation: ...............................
Address: ......................................
......................................
......................................
DQ1/19
Revised
July 2002
1.0 DEFINITION
1.1 `Cost of Works' for the purpose of calculating the fees shall mean the total
payment made by the Government to the Contractor, in respect for the following :-
(i) all builders works and all specialists or sub-contractors works

including all variations required by the Government that requires
input by the Consultant, services, installations and equipment
designed, specified or allowed for and forming an integral part of the
total project to enable it to function fully and to be occupied up to its
intended standards of comfort, convenience, decor and finishes
(before deduction of any liquidated damages or penalties payable by
the Contractor to the Government ) ;
(ii) the full benefit accruing to the Contractor for the use of construction
plant and equipment belonging to the Government which the
Government has required to be used in the execution of the works;
(iii) the market value as if purchased new of any second-hand materials,

manufactured goods and machinery incorporated in the works; and
(iv) claims for loss and expense incurred by the Contractor due to the
extension of time to the original contract completion date which
requires input by the Consulting Q.S..
but shall not include;
(i) operating equipment or machinery that are not an integral or

essential part of the building;
(ii) administrative expenses, incurred by the Government;
(iii) cost incurred by the Contractor under the agreement between the
Contractor and the Consulting Q.S.;
(iv) interests on capital employed during construction;
(v) costs of raising money required for the construction of works;
(vi) costs of land and way leaves;
(vii) Professional fee payable or to be borne by the Contractor; and
(viii) works for which the Consulting Q.S. has no input.
The Cost of Works shall be the total final cost of all works including variations or
the original contract sum whichever is the greater.
DQ2/19
Revised
July 2002
1.2 “multiplier” shall be as approved by the Government, which deemed to include a
factor derived from the elements covering annual salary, fringe benefits including
bonuses, Employees Provident Fund and staff saving funds, subscriptions to
professional boards and institutions, leaves, medical aid and insurances, seminars,
conferences and workshops, office administrative charges and expenses including
rentals, telephones, telefax, telex and postal charges, stationery, subscriptions to
journals, promotion, training and scholarships, transport costs, legal and audit fees,
bank charges, idle time and profits; but in the case of site staff recruited specially
for the project, the multiplying factor shall be derived from the elements covering
only the annual salary, gratuity, Employees Provident Fund, medical aid,
insurances, overheads and profits only;
1.3 “Salary cost” means the annual basic salary of any person employed by the CQS
divided by 1800 being deemed to be the average annual total of effective working
hours of an employee) and multiplied by the number of working hours spent by
such person in performing any of the services in respect of which payment is to be
made to the Consulting Q.S. upon the basis of the “salary cost” and for the purpose
of this definition, the annual salary of a person for a period of less than a full year
shall be calculated pro rata to such person’s salary for such lesser period; and
1.4 “Salary” means the basic salary in accordance with the prevailing Guidelines
issued by the Government.
2. 0 CATEGORIES OF PROJECTS
For the purpose of calculating the percentage fees, projects are classified under
the following categories.
2.1 Building Works
(i) Category A
• Semi-detached and detached houses,

• terrace and link houses and cluster houses,
• shophouses and flats not exceeding 4 1/2 storeys.
(ii) Category B
• Multi-storey flats, maisonatte (over 4 ½ storeys), condominium

flats,multi-storey carpark, hangar, warehouse, factory, army camp and
barracks, hostel, school, petrol service station, market, bakery, fire
station, laundry, packing and processing plant.
• Bank, office building, library, hospitals and nursing home, sports
complex, laboratory, airport terminal and ancillary buildings, halls (all
types), university and college buildings, hotel, motel, abattoir,
crematorium, commercial complex, cinema, theatre, prison, museum,
court house, bowling alley, brewery cold storage building.
• Health centre, restaurant, skating rink, individually designed house,
DQ3/19
Revised
July 2002
private club and transportation terminal building.
• Mosque, church, temple, palace, mausoleum, memorial, monument,
research building, observatory and marina, and other building of
exceptional character and complexity.
(iii) Category C
• Extension, alteration, restoration and associated demolition works.
Explanatory Notes Applicable to Building Works in Categories A, B, & C

above:-
i) For purpose of categorising of Works, Demolition and Piling Works

forming part of any development or construction shall be considered as
part and parcel of a project of the respective category.
ii) Infrastructure Works under Category A - Building Works but outside the
boundary lot of each unit shall be treated separately under Civil
Engineering Works.
iii) Infrastructure Works and External Works within the scope of the
Building Contract in Categories B and C shall be considered as part
and parcel of the respective building works.
iv) All Civil Engineering Works within the boundary lot of each unit in
housing scheme shall form part of the Building Works.
v) For the purpose of arriving at the cost of repetitive unit, the following
notes shall apply:
a) a single unit shall be computed by including the total cost of all

the builders work, built-in fittings, integral services and
installation, site and external works and other services serving
the immediate site on which the units are constructed for all units
that are repeated and dividing it by the total number of repeated
units.
b) a pair of semi-detached houses shall be considered as two units.
c) a unit in a row of terrace houses shall be considered as one

design. End unit in a row of terrace houses shall be considered
as one design.
d) a block of flats shall be considered as a single unit, the handling

(mirror image) of plans of otherwise identical type plans of
standard units shall be considered as a unit.
DQ4/19
Revised
July 2002
2.2 Civil Engineering Works
Category I General Civil Engineering Works e.g. roads, drains, earthworks,

water reticulation, etc.
Category II Reinforced concrete work, structural steel work and buildings

forming part of the civil engineering contract e.g. bridges, jetties,
ports, etc.
DQ5/19
Revised
July 2002
3.0 SCALE OF FEES FOR BASIC SERVICES
The percentage of fees payable to the Consulting Q.S. for basic services shall be as
follows :
A) BUILDING WORKS - CATEGORY A
No. of Units of Same Design % of Fees of the Total Cost of Works
1st Unit $750.00 or 1.5% of total cost of work
whichever is the higher
2nd to 10th 1.00%
11th to 50th 0.95%
51st - 100th 0.90%
101st and above 0.85%
B) BUILDING WORKS - CATEGORY B
Total Cost of Works Basis of Fees Calculation
RM1,000,000 and below 2.75%
RM1,000,001 - RM3,000,000 RM 27,500 + 2.55% in excess of RM1.0M
RM5,000,001 - RM7,500,000 RM125,500 + 2.10% in excess of RM5.0M
RM20,000,001 – RM50,000,000 RM379,250 + 1.30% in excess of RM20.0M
RM100,000,001 – RM250,000,000 RM1,294,250 + 0.85% in excess of RM100.0M
RM500,000,001 – RM1,000,000,000 RM4,194,250 + 0.50% in excess of RM500.0M
Over RM 1B RM6,694,250 + 0.35% in excess of RM1B
DQ6/19
Revised
July 2002
3.0 SCALE OF FEES FOR BASIC SERVICES (CONT'D)
C) BUILDING WORKS - CATEGORY C
Total Cost of Works Basis of Fees Calculation
RM1,000,000 and below 3.25%
RM30,000,001 – RM60,000,000 RM628,750 + 1.50% in excess of RM30M
RM60,000,001 – RM120,000,000 RM1,078,750 + 1.25% in excess of RM60M
Over RM250,000,000 RM3,128,750 + 0.75% in excess of RM250M
Explanatory Notes applicable to Fees charged for Building Works in
Categories A, B and C
i) Where a Consulting Mechanical and/or Electrical Engineer is employed by the
Contractor, for the purpose of calculating the fee, the cost of works for the
Mechanical and/or Electrical Engineer services shall be reduced by one-third.
Where measurements are required for such services, the above reductions
shall not be applicable. In no case shall the Consulting Q.S.'s total fees on the
cost of the whole scheme be reduced by more than one-sixth.
DQ7/19
Revised
July 2002
Explanatory Notes applicable to Fees charged for Building Works in Categories B

and C Only
i) Where there is more than one unit of the same design in all respects, the
charges shall be as follows :
Building Unit Percentage of Fees Payable based
on Cost of Works
for the original unit 100% (full fees)
" " 2nd unit 65% of full fees
" " 3rd unit 55% of full fees
" " 4th unit 45% of full fees
" " 5th unit and
subsequent units 40% of full fees
D) CIVIL ENGINEERING WORKS - CATEGORY I
Total Cost of Works (RM) Basis of Fees Calculation

RM1,000,000 and below 1.8%
DQ8/19
Revised
July 2002
D) CIVIL ENGINEERING WORKS - CATEGORY I (cont’d)

RM500,000,001 – RM1,000,000,000 RM2,914,750 + 0.35% in excess of RM500M
Over RM1B RM4,644,750 + 0.25% in excess of RM1B
E) CIVIL ENGINEERING WORKS - CATEGORY II

RM1,000,000 and below 2.25%
RM500,000,001 – RM1,000,000,000 RM3,714,750 + 0.50% in excess of RM500M
Over RM1B RM6,214,750 + 0.40% in excess of RM1B
DQ9/19
Revised
July 2002
4.0 SCALE OF FEES FOR BASIC SERVICES WHERE CONTRACTS ARE BASED ON
PROVISIONAL BILLS OF QUANTITIES
Where contracts for building works are based on Provisional Bills of Quantities, the
fees for services rendered under Clause 3 (A), (B) and (C) hereof shall be increased
by 35%.
DQ10/19
Revised
July 2002
5.0 BREAKDOWN OF PERCENTAGE OF CHARGES
5.1 The percentage of fees payable to the Consulting Q.S. shall be as follows :
Categories Of Stages of Services Percentage(%)

Projects of Fees Payable
Building Works (a) Preparation of Preliminary 10%

(Categories A, B Estimates and Cost Plans
And C)
(b) Preparation of Bills of Quantities 45%
Civil Engineering and other Tender Documents
Works
(Categories I And (c) (i) Preparation of Tender 2½%
II) Reports
(ii) Preparation of Contract 2½%

Documents
(d) Preparation of Tender Documents, 5%

Tender Reports and Contract
Documents for Prime Cost Sum
and Provisional Sum Items other
than those under the charge of
Mechanical and Electrical
Consultants, Interior Design
Consultants, Landscape Architects,
Specialist Civil Consultants and
any other Specialist Consultants.
(e) Valuation of Works in progress for 15%

Interim Valuations/Certificates
including measurement of
variations other than those under
the charge of Mechanical and
Electrical Consultants, Interior
Design Consultants, Landscape
Architects, Specialist Civil
Consultants and any other
Specialist Consultants.
(f) Preparation of Final Accounts 20%

TOTAL SERVICES: 100%
5.2 Explanatory Notes Applicable to Breakdown of Percentage of Charges
The percentages shown are at completion of each stage. The Consulting Q.S. shall
be paid the proportion of the services rendered within each stage or the full amount
upon satisfactory completion of each stage.
DQ11/19
Revised
July 2002
6.0 SCALE OF CHARGES FOR ADDITIONAL SERVICES
6.1 Charges payable to the Consulting Q.S. for additional services shall be as follows:-
Types Of Services Charges

(a) Pre-Contract
(i) Preparation of Feasibility Studies salary cost*.
including Income/Expenditure Cash
Flow.
(ii) Preparation of Documents and salary cost*.

Reports for pre-qualifications of Sub
Contractors.
(iii) Redrafting of Conditions of Contract to To be negotiated.

meet specific requirements by the
Contractor if the Consulting Q.S. is not
appointed to undertake the Basic
Services for the same project.
(iv) Pricing of Bills of Quantities for salary cost*.

Negotiated Tenders including pricing
and agreeing Schedule of Rates if the
Consulting Q.S. is not appointed to
undertake the Basic Services for the
same project.
(v) Preparation of Cost Analysis based on salary cost*.

the Accepted Contract Sum.
(vi) Preparation of Tender Price Index salary cost*.

based on the Accepted Contract Sum
(b) Post-Contract
(i) Remeasurement of the whole or part The fees due shall be based on 45% of gross
of the works due to either replanning value of measured omissions and gross
or internal layout or repositioning of value of measured additions, both gross
the structure or due to change of use value added to the Cost of Works to
of the building or structure and calculate the fees.
redesign of any of the structural
element in the works.
DQ12/19
Revised
July 2002
6.0 SCALE OF CHARGES FOR ADDITIONAL SERVICES (cont’d)

(b) Post-Contract
(ii) Remeasurement of Works for The method of calculating the additional
Contracts based on Provisional Bills fees under this provision is as shown in the
of Quantities. Worked Example. Appendices E2-A, B & C.
• The provision under this item

is for additional fees in
Building Works for the
remeasurement of provisional
Bills of Quantities irrespective
of entire additions or for works
which are outside the original
scope such as additional
buildings, additional floors and
the like allowed under
Provisional Bills of Quantities.
The additional services
include the preparation Bills of
Quantities and in finalising the
accounts.
• The provision under this item
is also applicable for Civil
Engineering Works in respect
of works outside Original
Scope of Works as defined
under item clause 4.6 (c) such
as additional roads, additional
bridges and the like.
(iii) Specific Contractual Advice on To be negotiated

Conditions of Contract if the
Consulting Q.S. is not appointed to
undertake the Basic Services for the
same project.
DQ13/19
Revised
July 2002
6.0 SCALE OF CHARGES FOR ADDITIONAL SERVICES (cont’d)

(b) Post-Contract
(iv) Services Arising Out Of Fees to be on the same basis as the Basic
Determination Of The Sub Services for the respective categories of
Contractor's Employment: - projects and Cost of Works to be as per
clause 1 of this Section.
• Valuation of completed by the
determined Sub Contractors
• Preparation of new Tender

Documents for the
uncompleted works (provided
there is additional input)
• Preparation of Tender
Reports
• Preparation of Contract
Documents
(v) Continuing Professional Services on To be negotiated

a Protracted Basis
(vi) Attendance at Post Contract salary cost*.

meetings beyond the Original
completion date of the project and
any approved extension of time
(vii) Evaluation of Loss and Expense salary cost*.

claims by the Sub Contractor based
on the actual costs.
(viii) Preparation of Bills of Quantities and Fees to be based on the fees for Basic
other Tender Documents for Defects Services for the respective categories of
and Outstanding Works to be carried project.
out by a separate Sub Contractor.
(ix) Services for making good works To refer to fees for Basic Services for the
damaged by fire etc respective categories of project.
(x) Preparation of Cost Analysis based salary cost*.

on the Final Contract Sum.
DQ14/19
Revised
July 2002
* Calculation Of Fees Based On SALARY COST
Salary Cost = Basic x Multiplying x No.Of

Salary Per Annum Factor Working
1800 Hours Per Approved By Hours
Annum The
Government
DQ15/19
Revised
July 2002
7.0 REIMBURSABLE EXPENSES
In addition to the fees payable to the Consulting Q.S. for any of the services rendered, the
Consulting Q.S. shall for the purpose of the Project also be entitled to be reimbursed for
the following :
Type of Expenses Charges
7.1 Hotel and Traveling Expenses (if Chargeable according to current Government
exceeding 10km from the address of rates not exceeding ‘J48’ eligibility
main office/branch office)
7.2 Out-of-pocket expenses (if exceeding

80km from the address of main - as above -
office/branch office)
7.3 Lithography Expenses Based on current Government rates
7.4 Resident Quantity Surveyor Salary Cost
7.5 Advertisement of Tender Notices, Actual bills

Telegrams, Telexes and Out-Station
Telephone Calls, postage charges
and courier charges for sending
documents or other communication
charges at the request of the
Contractor.
7.6 Special software programme as Actual costs incurred by the Consulting Q.S.
requested by the Contractor and
approved by the P.D.
7.7 Service Tax Actual amount to be paid by the Consulting

Q.S. to Customs Department.
7.8 Any other items not included above

but required by the Consulting Q.S. to Actual costs incurred by the Consulting Q.S.
complete his services but subject to
the approval of the P.D.
If requested by the Contractor, the Consulting Q.S. shall append herein an estimated sum
for the above expenses and such sum shall not be exceeded without the approval of the
Contractor.
DQ16/19
Revised
July 2002
8.0 TIME OF PAYMENT FOR SERVICES RENDERED
A) Basic Services
Payment of fees for services rendered shall be made in accordance with

Article 4 of Section A of the Memorandum of Agreement in proportion to
the services rendered so that the total fees paid at the completion of
each stage of service shall be equal to the breakdown of percentage
charges in Clause 5 of this Section.
B) Additional Services
The Consulting Q.S. shall be paid the proportion of the services rendered
within each stage or the full amount upon satisfactory completion of each
stage in accordance with Clause 6 of this Section.
9.0 TIME OF PAYMENT FOR REIMBURSABLE EXPENSES
Payment of reimbursable expenses shall be made upon submission of bills by

the Consulting Q.S. and agreed to by the Contractor.
10.0 PAYMENT FOR REMEASUREMENT OF WORKS DUE TO ALTERATION OR

MODIFICATION OF DESIGN
If after the completion by the Consulting Q.S. of these Basic Services under
Clause 2 of Section CQ (Scope of Services for Consultant Q.S.) at any time
after execution of an agreement between the Consulting Q.S. and Contractor,
any measurement whether completed or in progress or any specification or
other document prepared in whole or in part by the Consulting Q.S. are
required to be modified or revised by reason of instructions received by the
Consulting Q.S. from the P.D or others acting on behalf of the Government, by
reason of circumstances which could not reasonably have been foreseen by
the Consulting Q.S., the Consulting Q.S. shall be paid an additional payment by
the Contractor for making any necessary modification or revision and for any
consequential reproduction of documents as follows :
The fees due will be based on Clause 5.2 of this Section i.e. 45% of the gross
value of measured omissions and on the gross value of measured additions,
both gross values added to the cost of works to calculate the fees, provided
such modification or revision be limited to the following :
a) Remeasurement of the whole or part of the Works due to either replanning

of internal layout or repositioning of the structure or due to change of use of
building or structure, and
b) Redesign of any of the structural element in the Works.
DQ17/19
Revised
July 2002
11.0 PAYMENT WHEN WORKS ARE DAMAGED OR DESTROYED
If at any time either during the execution of the Works or before the commencement
the Defects Liability Period/Period of Maintenance any part of the Works or any
materials, plant or equipment whether incorporated, in the Works or not shall be
damaged or destroyed not due to the negligence on the part of the Consulting
Q.S.,then the Consulting Q.S. shall be paid an additional payment in respect of any
expenses incurred or additional work required by the Contractor to be carried out by
the Consulting Q.S. as a result of such damage or destruction.
12.0 PAYMENT FOLLOWING TERMINATION OR SUSPENSION BY THE

CONTRACTOR
A) In the event of the termination of this Agreement (unless such termination

shall have been occasioned by the default of the Consulting Q.S.) or the
suspension of the Project by the Contractor, the Consulting Q.S. shall be paid
the following sum (less the amount of payments previously made to the
Consulting Q.S.):-
(i) a sum deducible from the percentage of work completed up till the time of
termination or suspension;
(ii) a disruption charge equal to one sixth of the difference between the sum
which would have been payable to the Consulting Q.S. under Clause 3 –
Scale of Fees for Basic Services but for the termination or suspension,
and the sum payable under (a) above, provided the works have advanced
beyond the preliminary stage, and
(iii) amounts due to the Consulting Q.S. under any other clauses of this
section.
Provided that the Consulting Q.S. shall accept the said payments by the
Contractor as full and complete settlement of all his claims for payments under
or arising out of this Agreement.
B) In the event that the Consulting Q.S. is required to recommence the Project
after the Project has been suspended by the Contractor for more than twelve
(12) months the Consulting Q.S. shall be paid fee based on new total cost on
uncompleted Works. The Consulting Q.S. shall in addition be paid a charge
equal to one-sixth of the difference between the sum which would have been
payable to the Consulting Q.S. under Clause 5 of this Section but for
Termination or Suspension, and the sum payable under Clause 12 (A) above.
C) If the works are suspended or postponed following the postponement of the

Project by the P.D., the fees payable to the Consulting Q.S. shall be as
follows:
DQ18/19
Revised
July 2002
(i) for the preliminary stage, design stage and tender stage, the fees
shall be computed on the lowest acceptable tender provided that if
no acceptable tender is received then the fees shall be computed
on the estimate made by the Consulting Q.S. of the Cost of the
Works at the date of calling for tenders;
(ii) if the works subsequently resumed the total fees payable to the
Consulting Q.S., inclusive of the fees paid under sub-subparagraph
12(C)(i) shall be as follows:
(aa) for the preliminary stage, design stage and tender stage --
the fees shall be as computed in sub-subparagraph
12(C)(i) ; and
(bb) for the construction stage -- the fees shall be computed on

the final contract sum of the works at the time of completion
of the works.
13.0 PAYMENT FOLLOWING TERMINATION BY THE CONSULTING Q.S.
In the event of a termination by the Consulting Q.S. of his professional services

(unless the termination had been occasioned by the default or negligence of the
Consulting Q.S.), the Consulting Q.S. shall be entitled to be paid the sums specified
in sub-clause 12(A)(i) and (iii) less the amount of payments previously made to the
Consulting Q.S. .
DQ19/19
Revised
July 2002
APPENDIX E2-A
CALCULATION OF ADDITIONAL FEE FOR RE-MEASUREMENT OF PROVISIONAL QUANTITIES
CLAIM NO.6A- Where whole B.Q. is Provisional and the Contract does not involve works outside Original Scope of
Works.
A COST OF WORKS AND FEE FOR BASIC SERVICES

A1 Final cost of Works for calculation of Fee for Basic Services RM 17,501,333.33
A2 Cost of Works outside Original Scope of Works (OSW) RM -
A3 Cost of Works within Original Scope of Works = (A1-A2) RM 17,501,333.33
(OSW)
A4 Total Fee for Basic Services RM 340,520.67
A4.1 In respect of Works outside OSW = (1.55%* X 0.00) RM -
A4.2 In respect of Works within OSW = (A4Total - A4.1) RM 340,520.67
B CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B - SCALE OF FEES ITEM 2
B1 Items excluded from the calculation
B1.1 Preliminaries and General Items Traditionally Measured as Lump Sum RM 900,000.00
B1.2 2/3 Expenditure of P.C. and Prov. Sums for M&E and similar Specialist Works. RM 1,733,333.33
B1.3 Traditionally Provisional B.Q. RM 3,000,000.00
B1.4 Works Outside OSW. RM -
B1 Total RM 5,633,333.33
B2 Items not entitled for additional fee
B2.1 Expenditure of other P.C. and Prov. Sums for which no B.Q. prepared by CQS. RM 1,150,000.00
B2.2 Firm Bills of Quantities. RM -
B2.3 2/3 Lump Sum Items (not in accordance with SMM). RM 400,000.00
B2.4 Variation of Price/Fluctuation RM 100,000.00
B2.5 Approved additional cost claim. RM 100,000.00
B2 Total RM 1,750,000.00
B3 Base Cost of Works for calculation of Additional =(A1-B1Total) RM 11,868,000.00
Fee
B4 Nett Cost of Works eligible for Additional Fee =(B3-B2 Total) RM 10,118,000.00
B5 Additional Fee Under Item 2 =(A4.2 X 35% X B4/B3) RM 101,608.18
C CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B- SCALE OF FEES ITEM 4(b)
C1 Items entitled for additional fee
C1.1 Expenditure of other P.C. and Prov. Sums finalised by remeasurement (excluding RM 600,000.00
those for which B.Q. was prepared by CQS for tender)
C1.2 Works outside OSW finalised by re-measurement. RM -
C2 Additional Fees payable
C2.1 In respect of items C1.1 =(C1.1/B3 X 35% X 50% X A4.2) RM 3,012.70
C2.2 In respect of items C1.2 =(C1.2/A2 X 35% X 50% X A4.1) RM -
C2 Additional Fee Under Item 4(b) RM 3,012.70
D TOTAL ADDITIONAL FEES =(B5+C2Total) RM 104,620.87
* The applicable % of Fees Payable could be more than one depending on the value of A1 and A2. E.g.: If the value of A1
and A2 in this example was RM22,501,333.33 and RM5,000,000.00 respectively, then the applicable % of Fees Payable
was 1.30% for the first RM2,501,333.33 and 1.55% for the balance of RM2,498,666.67.
DQ/Appendx1
APPENDIX E2-B
CLAIM NO.6B- Where whole B.Q. is Provisional and the Contract involved remeasurement of some works outside Original Scope of Works
(OSW)

A2 Cost of Works outside Original Scope of Works (OSW) RM 2,000,000.00
A3 Cost of Works within Original Scope of = (A1-A2) RM 17,501,333.33
Works (OSW)
A4.1 In respect of Works outside = (1.55% * X 2,000.000.00) RM 31,000.00
OSW
A4.2 In respect of Works within = (A4Total - A4.1) RM 340,520.67
OSW
B1.2 2/3 Expenditure of P.C. and Prov. Sums for M&E and similar Specialist RM 1,733,333.33
Works.
B1.4 Works Outside OSW. RM 2,000,000.00
B1 Total RM 7,633,333.33
B2.1 Expenditure of other P.C. and Prov. Sums for which no B.Q. prepared by RM 1,150,000.00
CQS.
B2.2 Firm Bills of Quantities. RM -
B2 Total RM 1,750,000.00
B3 Base Cost of Works for calculation of =(A1-B1Total) RM 11,868,000.00
Additional Fee
B4 Nett Cost of Works eligible for =(B3-B2Total) RM 10,118,000.00
Additional Fee
C CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B - SCALE OF FEES ITEM 4(b)
C1.1 Expenditure of other P.C. and Prov. Sums finalised by remeasurement RM 600,000.00
(excluding those for which B.Q. was prepared by CQS for tender)
C1.2 Works outside OSW finalised by re-measurement. RM 1,500,000.00
C2.2 In respect of items C1.2 =(C1.2/A2 X 35% X 50% X A4.1) RM 4,068.75
* The applicable % of Fees Payable could be more than one depending on the value of A1 and A2. E.g.: If the value of A1 and A2 in this
example was RM22,501,333.33 and RM5,000,000.00 respectively, then the applicable % of Fees Payable was 1.30% for the first
RM2,501,333.33 and 1.55% for the balance of RM2,498,666.67.
DQ/Appendx2
APPENDIX E2-C
CLAIM NO.6C- Where part of B.Q. is Provisional and the Contract involved remeasurement of some
works outside Original Scope of Works.

A2 Cost of Works outside Original Scope of Works (OSW) RM 2,000,000.00
A3 Cost of Works within Original Scope of Works = (A1-A2) RM 17,501,333.33
(OSW)
A4.1 In respect of Works outside OSW = (1.55% * X 2,000,000.00) RM 31,000.00
A4.2 In respect of Works within OSW = (A4Total - A4.1) RM 340,520.67
B1.2 2/3 Expenditure of P.C. and Prov. Sums for M&E and similar Specialist RM 1,733,333.33
Works.
B1.4 Works Outside OSW. RM 2,000,000.00
B1 Total RM 7,633,333.33
B2.1 Expenditure of other P.C. and Prov. Sums for which no B.Q. prepared by RM 1,150,000.00
CQS.
B2.2 Firm Bills of Quantities. RM 5,000,000.00
B2 Total RM 6,750,000.00
B3 Base Cost of Works for calculation of Additional =(A1-B1Total) RM 11,868,000.00
Fee
B4 Nett Cost of Works eligible for Additional Fee =(B3-B2Total) RM 5,118,000.00
C CALCULATION OF ADDITIONAL FEE IN ACCORDANCE WITH PART B-SCALE OF FEES ITEM 4(b)
C1.1 Expenditure of other P.C. and Prov. Sums finalised by remeasurement RM 600,000.00
(excluding those for which B.Q. was prepared by CQS for tender)
C1.2 Works outside OSW finalised by re-measurement. RM 1,500,000.00
C2.2 In respect of items C1.2 =(C1.2/A2 X 35% X 50% X A4.1) RM 4,068.75
* The applicable % of Fees Payable could be more than one depending on the value of A1 and A2. E.g.: If the
value of A1 and A2 in this example was RM22,501,333.33 and RM5,000,000.00 respectively, then the applicable %
of Fees Payable was 1.30% for the first RM2,501,333.33 and 1.55% for the balance of RM2,498,666.67.
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DQ/Appendx4

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JKR STANDARD FORM OF

CONTRACTOR AND CONSULTANT

DESIGN AND BUILD CONTRACT

SECTION B - CONDITIONS OF ENGAGEMENT …………………………. B1/16 - B16/16

SECTION C - SCOPE OF SERVICES FOR:

- CA : ARCHITECT …………………………………………… CA1/6 - CA6/6

- CE : ENGINEER …………………………………………… CE1/14 - CE14/14

- CQ : QTY. SURVEYOR ……………………………………. CQ1/3 - CQ3/3

SECTION D - SCHEDULE OF FEES FOR:

- DA: ARCHITECT ……………………………………………. DA1/17 - DA17/17

- DE: ENGINEER …………………………………………….. DE1/15 - DE15/15

- DQ: QTY. SURVEYOR …………………………………….. DQ1/19 - DQ19/19

Made the ……………………..day of …………………………………….20 …………………………

(hereinafter called “the Contractor”) of the one part

PRACTISING AS (2)………………………… (Consultant’s Profession) at …………………….….

WHEREAS the Contractor has entered into a Contract .No ………………………………….

NOW IT IS HEREBY AGREED as follows :

SIGNED BY : ………………………………) ……………….................

for and on behalf of )

construed as part of the Agreement.

Name in full: ....................................... Name in full:.......................... ..………….

In the capacity of : ............................. Designation:

duly authorised to sign for and for and on behalf of the

Witness: .......................................... Witness: ...................................................

Name in full: .................................... Name in full: ............................................

Occupation: .................................... Designation: ............................................

1.3 "Consultant" means the ..................................................................................*

1.7 “Subcontractors” means specialists, merchants, tradesmen and others employed by

1.8 "Schedule" means the Schedule of Fees for Q.S***/Engineers***/Architects***

* State the Consultant’s profession

b) At the expiry of such period of suspension either continue with the

F) The Consultant shall, upon receipt of any notice or requirement in writing in

H) Determination of Consultant’s Employment

J) Determination of the Contractor’s Employment

3. PROPRIETARY RIGHTS AND OWNERSHIP OF DOCUMENTS

A) All drawings, Specifications, Bills of Quantities and other related documents

5. DELIVERY OF DOCUMENTS TO THE P.D. ON TERMINATION BY THE

6. OBLIGATIONS OF THE CONTRACTOR.

1) Architect * - Section CA (Scope of Services For Consulting Architects)

A) The fees applicable to the relevant professional services rendered by the

1) Architect * - Section DA (Schedule of Fees for Consulting Architects)

C) Direct Payment To Consultant

* Deletewhichever is not applicable

payment due the Consultant subject to subclause 60.3 of the Conditions of

C) Indemnity to the Government

*State the Consultant’s Professional Board

PROFESSIONAL ADVICE & SERVICES

1.0 Advisory Services

The advisory services to be provided by the Consulting Architect shall be as follows:

The basic services to be provided by the Consulting Architect shall be as follows :

(b) Design Development Phase

(c) Contract Documentation Phase

3.0 Additional Services

(a) Surveys and investigations

(b) Planning and development services

(i) preparing a preliminary technical evaluation of a project to enable the

(c) Supplementary Design Services

(i) providing interior design services including taking the P.D.’s

(d) Financial Advisory Services (where consulting Quantity Surveyor is not

(e) Exceptional Negotiations or Protracted Involvement

(i) Participating in special or protracted negotiations in connection with

(i) Providing total project management services from the inception to

(g) Appointment of an independent specialist consultant to work in

Moa Perunding Design & Built

Moa Perunding Design & Built

1.8 "Schedule" means the Schedule of Fees for Q.S/Engineers/Architects***