Juristic Management – Scope and Fee’s
The proposed Scope and Fee for Juristic Management Services is based on Section 34(2) of the South African Council for the Quantity Surveying Profession (SACQSP) Act, 2000 (Act No. 49 of 2000) Guideline Scope of Services & Recommended Guideline Tariff of fees with specific reference to Project Monitoring.
Juristic Management scope is comparable to the abovementioned Project Monitoring scope which includes a watching brief in relation to all financial or cost aspects of the project. Juristic Management on the other hand is a legal risk management service, identifying legal risk, advising clients accordingly and using legal instruments to allocate risk to the party best able to control it.
These services shall inter alia include the following;
- Compile Project Organizational Structure to define roles, authority and responsibility
- Define roles, authority and responsibility of Lead Team
- Advise on best Procurement Delivery Structure
- Advise and obtain expert opinions on complex Regulatory Conditions and Processes
- Advise on Health & Safety Regulations
- Assist in Appointing Consultants and Drafting of Professional Services Agreements
- Assist in Procuring Contractors and Subcontractors and Drafting of Tender Conditions
- Assist in Appointing Contractors and Subcontractors and Drafting of Special Conditions or Supplements for Construction Agreements
- Arranging Principal Controlled Insurance
- Scrutinizing Approvals from relevant Authorities
- Scrutinizing Services Agreements from relevant Authorities
- Identifying and Advising on Legal Risks and Third Party Claims
- Advising on Legal matters pertaining to Contractor’s and Subcontractor’s Contractual Claims or Liability
- Advising on Legal matters pertaining to Professional Services Contractual Claims or Liability
Please note that the following would inter alia be considered as supplementary services and hence excluded from this Juristic Management services scope and fee proposal:
- Draft or peruse Land Purchase Agreement or Purchase of Shares to complete due diligence
- Draft JV and/or Shareholders Agreement
- Draft Investment Agreements
- Drafting Shareholders Agreements
- Scrutinizing Bank Development Financing Conditions
- Scrutinizing Other Funding Agreements
- Scrutinizing or Drafting of Sales Agent’s Agreement
- Scrutinizing or Drafting of Lease Agreements
- Scrutinizing or Drafting of Home Owners Association Constitution
- Dispute Resolution, Litigation, Arbitration, Adjudication or Mediation
The Juristic Management fees payable to Instrument Construction Lawyers is determined by the application of the aforesaid (SACQSP) industry fee scales for Project Monitoring, which Appropriate percentage is 25% of the Basic Fee derived from the published fee scale. Refer APPENDIX A for the Order of Magnitude PROFESSIONAL FEE MATRIX.
For a project of the magnitude of the Rainbow Junction we would recommend that the Fee Scale be applied to each smaller phase in order to keep the Fee and Scope of Services manageable. (see Fees based on a first Phase of R400,000,000 as illustration).
Disbursements will be charged on the Standard SACQSP industry rates and Supplementary Services will be based on hourly or daily rates provided in Instrument Attorneys Profile. Refer APPENBIX B
