Appointing Consultants for Your Project

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The Process of Appointment

In the Kenyan construction and consultancy industry, the term “appointment” pertains to situations where clients engage various professionals, including designers (such as architects, engineers, and specialized contractors) and consultants (like cost consultants and project managers). It’s important to note that when clients hire building contractors, it is typically referred to as “contracting” rather than “appointment.”

In the context of publicly-funded projects in Kenya, the consultant team is often contracted alongside the main contractor as part of an integrated supply team, which may limit appointments to independent client advisers and project managers.

To find suitable consultants in Kenya, clients have access to various search engines and directories provided by professional associations within the country.

The process of making appointments can involve recommendations, research, and interviews, open or selective competitions, or existing relationships or framework agreements. The choice of method depends on the specific needs of the Kenyan project.

For publicly-funded projects in Kenya, appointments may be subject to public procurement regulations, necessitating strict adherence to procedures that include advanced advertising of appointments.

When Kenyan clients are selecting consultants, they typically prepare a “request for proposals” that outlines the project’s scope, budget, program, procurement method, and other relevant details.

There are standard forms of appointment for consultants available in Kenya, which are commonly utilized in the industry. However, bespoke agreements are also used in some instances.

It is crucial in the Kenyan context to establish clarity regarding the scope of services provided by each consultant, particularly in projects involving multiple consultants. This clarity helps avoid confusion about individual responsibilities.

The article highlights various areas where this clarity is especially important in Kenya, such as interior design, acoustics, drainage, fire protection, and more. Some tasks may be considered “additional services” not covered by the consultant’s fee unless explicitly requested by the Kenyan client.

FIDIC

In the Kenyan construction and consultancy market, it’s common for clients and consultants to refer to internationally recognized contracts, particularly those established by FIDIC, to formalize their appointments and agreements. These contracts provide a structured framework for contractual relationships and are widely respected for their fairness and clarity.

FIDIC offers a range of contract templates that are often used in Kenya:

1. FIDIC Red Book: This is the Conditions of Contract for Construction for building and engineering works designed by the Employer. In Kenya, the FIDIC Red Book is frequently used for construction contracts. It sets out the rights and obligations of the parties involved in the construction project, including the client and consultants.
2. FIDIC Yellow Book: The Conditions of Contract for Plant and Design-Build for electrical and mechanical plant, and for building and engineering works designed by the Contractor. In Kenya, this contract is applicable in situations where the design and construction responsibilities are largely vested in the contractor.
3. FIDIC Silver Book: This is the Conditions of Contract for EPC/Turnkey Projects, often used in Kenya for projects where the consultant is responsible for the design, procurement, and construction.
4. FIDIC White Book: The Conditions of Contract for Client/Consultant Agreements. In Kenya, this contract template is essential when appointing consultants such as architects, engineers, and project managers. It outlines the terms and conditions for consultant services, including their scope of work, fees, and responsibilities.

Using FIDIC contracts in Kenya provides several advantages, including clear and internationally recognized terms, dispute resolution mechanisms, and a well-defined scope of services. However, it’s crucial for Kenyan clients and consultants to adapt these contracts to the specific legal and regulatory requirements of the Kenyan construction industry.

Kenyan clients and consultants often engage legal experts or contract specialists to customize FIDIC contracts to align them with Kenyan law and practices. This customization ensures that the contracts accurately reflect the unique aspects of the Kenyan construction and consultancy market while still benefiting from the internationally accepted principles and standards provided by FIDIC.

In summary, FIDIC contracts are instrumental in shaping client and consultant appointments within the Kenyan construction and consultancy sector, offering a recognized and adaptable framework. These contracts facilitate the establishment of clear contractual relationships while also allowing customization to meet local requirements and standards. The articles collectively provide a comprehensive overview of the concept of “appointment” in this sector, highlighting the processes, considerations, and standard practices involved in engaging consultants for construction projects in Kenya.