Module6_CE-Laws
Module6_CE-Laws
Overview
This module is intended to provide the students the knowledge on how a civil
engineer being paid for his/her engineering services being rendered based on the
classification of the nature of the work.
Learning Objectives
Students are expected to be aware on how they should be paid as a civil
engineer and be able to assert on their economic right on how they should be paid
depending on the engineering services they offered.
Topics
This module will discuss the following:
Cost times Multiplier plus Direct Non-Salary Expense
Hourly Billing Rate. Per Diem
Cost Plus Fixed Fee
Fixed Price
Percentage of Construction Cost
Schedule of Minimum Fees.
Introduction
Note: The discussion below is based on what has been presented in the PICE
Manual.
Charges for engineering services are usually computed using one of six
methods:
1. Salary cost times multiplier plus direct non-salary expense (“Reimbursables”)
2. Hourly billing rates plus reimbursables.
3. Per diem.
4. Cost plus fixed fee (“CPFF”)
5. Fixed price.
6. percentage of construction cost (“Percentage”)
Combinations of methods of payment for different phases of the contract may
be used. The method or combination of methods used depends upon the nature,
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scope, and complexity of services required by the client. The first four methods are
based upon the Civil Engineer’s cost to perform services. They are particularly
applicable to assignments where the scope of services is not well defined. The fixed
price and percentage of construction cost methods are based upon a specific
deliverable and do require that the project scope be well defined. The cost plus fixed
fee method provides more flexibility to accommodate both scope and fee changes
than do either price or percentage or construction cost methods.
The potential risks and problems faced both the client and the Civil Engineer,
when the scope of services is not well defined, should be recognized and discussed
during early negotiations. Often, initial estimates of maximum engineering costs for
projects of uncertain scope are requested by the client for budgeting purposes. Such
budget estimates should state that they do not constitute an agreed –upon maximum
and that they are to be revised as the scope of services becomes better defined.
When a reimbursement method such as salary cost times multiplier, hourly
billing rate, per diem, or cost plus fixed fee is chosen because of uncertainty of the
scope of services, it is logical to propose that an upper limit (maximum amount) for
these services be included in the agreement. The inconsistency of such a proposal is
proportional to the uncertainty of the scope. However, these methods are used with
a “not-to-exceed” amount. In this case, it is important for the client and the engineer
to agree beforehand on a method for adjusting the “not-to-exceed” amount when
adjustment is warranted. One reasonable approach to compensation for uncertain
assignments is to require the Civil Engineer to inform the client when engineering
costs are approaching 75 percent of a stated budget figure and to forecast the
probable total cost. This provision gives the client and the engineer an opportunity to
examine progress at that point and, if appropriate, to revise either the original budget
or “not-to-exceed” amount or the scope of remaining services.
The charge for engineering services using the fixed price or the percentage of
construction cost methods is based is based entirely on the scope of services. These
methods may be appropriate where the scope of services is well defined and the
Civil Engineer’s costs are within his/her control. Certain types of investigations and
designs are well suited to these methods of determining charges.
Determination of charges for services such as resident project representation
during construction, where the Civil Engineer’s costs may be affected significantly by
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the contractor’s performance can be accomplished more equitably by one of the
methods based on the actual cost of services.
Occasionally, a Civil Engineer has unique qualifications, and/or expertise that
is not readily available, and/or computer programs that materially decrease the time
required for project execution. In some instances, the Civil Engineering may
demonstrate that his/her proposal will make the projects easier, faster, safer, or less
expensive to achieve the client’s objective.
Similarly, the client may wish the Civil Engineering to undertake a project
characterized by an accelerated schedule, non-routine services, and/or high risk
activities. Under these circumstances charges for engineering services may be
based on “value pricing” which reflects a premium rate not tied directly to the Civil
Engineer’s cost, but based on the Civil Engineer’s unique qualifications or the
extenuating circumstances. One of the more common value pricing tasks is providing
expert witness services.
Discussion
Per Diem
The term per diem normally refers to an eight-hour day. Direct personal
services of the type described in Section 2 which are frequently charged on a per
diem legal-type services and to other short-term engagements involving intermittent
personal services.
Where per diem services are furnished, the Civil Engineer should be
compensated for all of the time devoted to providing them, including travel and
standby time. The per diem charge should be based on the complexity, risk, and
importance of the services and on the Civil Engineer’s professional standing,
expertise, and breadth of experience. The Civil Engineer is also reimbursed for travel
and subsistence costs and for other out-of-pocket expenses incurred when away
from the home office.
The engagements in which the Civil Engineer is to appear as an expert, a per
diem charge is considered to be earned for each day of such appearance, even
though the Civil Engineering is not called to testify or, if called, may finish testifying in
only a part of the day.
On the occasions the urgency of the engagement requires the Civil Engineer’s
time regularly for periods longer than the normal eight-hour day. In such cases an
understanding should be reached with the client, and the per diem rate increased
accordingly.
Per diem rates can vary widely, depending on employee classification,
regional location, and period of services. Rates for consultation in connection with
litigation and appearance before commissions and courts are normally higher than
the standard rates.
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Overhead, as previously defined (The Civil Engineer should be prepared to
support the basis for overhead charges.)
Direct non-salary expenses, as previously defined
Fixed fee, an amount to compensate the Civil Engineer for contingencies,
interest on invested capital, readiness to serve, and profit.
The fixed fee amount varies with the complexity and scope of the engineering
services required. It is frequently calculated as a percentage of the salary costs,
overheard, and direct non-salary expenses.
Fixed Price
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Feedback
This activity will help the student on the acceptance of the reality that not all
the guidelines on how a civil engineer should be paid are actually being followed by
the clients.
Summary
Because of the economic status of the client and the fact there is a number of
available licensed civil engineers in the locality what has been earlier discussed on
how the charging of the services rendered is not being experienced by the said
professionals.
Reference
Philippine Institute of Civil Engineers, Inc. 2003. Manual of Professional
Practice for Civil Engineers, 2nd Edition. Manila: Philippine Institute of Civil
Engineers, Inc.
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