1.

Responsibilities and obligations of the professional Quantity Surveyor;

Today, not only is the QS regarded as an indispensable, on any major building contract, but has
also begin to take other roles as would be explained below. The Quantity Surveyor must always
act in utmost care as he undertakes his duties otherwise negligence in any matter by expose the
QS for litigation. The Quantity Surveyor (QS) does the following functions:-
1) Participating in a feasibility Study: The QS is normally involved in a feasibility study
which provides an objective and rational analysis of the strengths and weakness of a
construction project so that the client can decide whether to go ahead with it or not. This
would always be done in collaboration with the Architect and other financial consultants.

2) Preparation of approximate estimates of cost: This is done in the very early stages of the
preparation of a building project. At these stages, the QS would normally use the plinth
areas to get the approximate estimates which would normally be polished once detailed
drawings and BQs are done.

3) Advice on the best contractual method: There has been a great change over the years
emerging from the traditional competitive tendering to now negotiated tender with a single
contractor or design and build contracts where the contractor takes the whole task of design
and build. The QS is best place to advice on the best form of contract for a specific project.

4) “Cost planning”: this is undertaken during the design stage of a project to ensure that the
Client obtained the best possible value for his money, that the cost are distributed in the
best possible way throughout the various sections or elements of the building and that the
tender figure will be very close to the estimate figure. For instance for an office block or
mall, the tenancy space would probably be left bare or just have screed this is unlike in a
residential project where all floors must be tiled or finished with other types of floor
finishes.

5) Cash Flow Planning: before the project beings the QS will normally prepare a cash flow
forecasting for the project and this would enable the client prepare financially for the
 financial obligation as and when they fall due. This would require that the QS understands
the details of a works programme.

6) Preparing the Bills of Quantities: The QS prepares the Bills of Quantities (BQ) that is used
for tendering purposes. The Bills of Quantities captures all the elements of a building and
scope of works within a given project. The QS does this my extracting quantities from the
drawings and other technical descriptions of the intended work, and to prepare from them
bills of quantities.

7) Tender analysis: After tendering has been opened, the QS would normally take all the bids
for analysis and subsequent reporting of their finding. This process is called Tender
Analysis and it would contained amongst other details; the date or opening of tender, the
list of all tenderers, their tender amount and contract period, the comparison of specific
rates between the bidders and the QS estimates, any errors or discount is any and the QS
recommendations on which bidders to be subjected for further negotiations with an intent
to award the contract.

8) Preparation of schedules of prices: In projects where the Client wants the project to
commence fast without waiting for detailed BQ and drawings, the QS would in such
circumstances prepare a schedule of prices. This is a document that captures all items in a
project but with all quantities being given as one (1) and so the contractor would insert the
rates. Eventually when it comes to payment, the payable amount would be against the
measured quantities multiplied by the rate.

9) Negotiations of a contract: Once the tender analysis and report has been done and given to
the Architect and Client with recommendations on which bidder (s) to be subjected to
further negotiations, the QS would normally be involved in the negotiations. The
negotiations would target the construction time period, review of a few rates or
alternatively a lump discount from the contractor etc. During negotiations sometime the
contractor may also propose review of a few items from the Client so that they can also be
willing to either review their rates or time period etc.
10) Valuation of works during construction: The QS would normally receive payment
application from the contractor as per the agreed intervals as per the contract. Once
received, the QS will assess the contractor’s payment application and issue a valuation.
The valuation would comprise of work done as of a given date, the materials found on site,
materials off-site (in which case the contractor has to secure them with an off-site material
bond) and amounts payable to subcontractors. The Architect will issue a payment
certificate as advice from the valuation. The payment certificate would allow the Client to
pay the contractor.

11) Assessment of variations: Variations refer to introduction of items of work which were not
part of the contract BQ. The contract agreement would normally specify the various ways
of valuing the variations so as to include the same in the valuation due.

12) Assessment of Claims: The QS will be responsible for evaluating a claim from the
contractor. Some of these claims would be based on the contract and some won’t. The QS
is to evaluate the claims and advise the Architect and Client accordingly.

13) Cost control and advice on all stages: Sometimes the client would wish to be given cost
advice on certain items before making a decision. The cost advice would enable the client
make an informed decision knowing well that the decision would result in a cost increment
or saving.

14) Preparing regular financial appraisals: This is done especially for long term projects say
beyond 6 months. An appraisal captures the financial status of the project as is by
comparing the amounts in the BQ based on the BQ quantities and the actual amounts
generated from the actual quantities measured on site. The appraisal would also capture the
variations if any that were instructed during the project so far. This would enable the Client
to know whether the project is below, within or above the contract sum.
15) Preparation of the final account: On completion of a project, the contractor is supposed
to be paid for what has been done excluding all omission and including all additions to the
project. It is the responsibility of the QS to finalize this final account within a given time
period after the completion of the project. This final account would be in agreement with
the contractor which they both have to sign as a show of agreement and concurrence.

16) Acting as an arbiter: Because of their legal, technical and financial background in so far
as issues to deal with construction as concerned, the QS has been able to act on a number
of disputes as an arbiter. Indeed, in some projects they are able to advise the client on the
best way out of a dispute situation especially if the contractor’s is clearly has been wronged
by the client.

17) Acting as a project manager: Again because of their all round technical schooling the QS
has also on a number of projects acted as a project manager. This he does by bringing
together all the relevant consultants.

18) Preparation of statement for tax and accounting purposes: Again, because of his
involvement in the financial aspect of construction, the quantity surveyor is well placed to
prepare statements which can help both for accounting and tax purposes. This could be in
the form of valuations and final account.

19) Provision of expert evidence in disputes and arbitrations: because of his involvement in
the contractual and financial aspects of construction work, the QS is well placed, should a
dispute arise, to provide advice on how it can be resolved and should this prove to be
impossible, then to provide expert evidence during arbitration.

20) Valuation of construction work for insurance purposes. Whenever a building gets damaged
due to flooding or fire etc, then the QS is best placed to provide the costs for replacement
and upgrading the damaged areas of the building.
21) Provision of technical auditing services: The QS is required when an audit for a completed
building project is needed. This is especially incases where the client feels that there is a
gap in the overall cost of the project.

22) Provision of services to Contractors: Large contractors would probably have within their
organizations a Quantity Surveyor, however, for small scale contractors there is need for
subletting the quantity surveying work to a Quantity Surveyor, such as site measurement,
preparing payment application, final account etc.
 Topic 6: Professional recognition;

Definition

Professional recognition is the formal acknowledgement of an individual’s professional status and

right to practice the profession in accordance with professional standards and subject to
professional or regulatory controls.

Professional recognition also extends across national borders. Many countries have procedures in
place for the checking, verification and recognition of professional qualifications from another
jurisdiction. In Kenya for instance, a foreign professional who has been practicing Quantity
Surveying in his/her country would not require to study the degree course locally, however, he/she
would be required to sit for the professional examinations. Whereas, this is good so as to weed out
incompetent foreign professional and also enable them to understand and appreciate our local
practices, it does lump together the good and the bad and in so doing losing out on the good that
would come with competent and good foreign professionals who wants to practice locally.

Levels of recognition

As a Quantity Surveyor, there are two main levels of recognition first is the education training and
secondly the professional training that one has acquired.

a. Education Training

The Kenya National Qualifications Authority (KNQA) was set up in 2015 as set out in the Kenya
National Qualifications Framework (KNQF) Act no. 22 of 2014 (and KNQF Regulations, 2018)
to help coordinate and harmonize the various levels of education; and secondly to create a database
of all qualifications in the country.

The KNQF which the authority has developed and is now implementing is part of Kenya’s
international commitments to develop an accurate, reliable and robust database of all qualifications
in the country that will allow for comparability, equation, recognition and information sharing of
qualifications globally.

The Main Functions of the KNQA is to;

According to the KNQF act, 2014; The Main functions of the KNQA are;

1. Co-Ordinate and Supervise the Development of Policies on National Qualifications;

2. Develop A Framework for The Development of An Accreditation System on
Qualifications;
3. Develop A System for Assessment of National Qualifications;
4. Develop and Review Inter-relationships and Linkages Across National Qualifications in
Consultation with Stakeholders, Relevant Institutions and Agencies;
5. Maintain A National Database of National Qualifications;
 6. Publish Manuals, Codes and Guidelines on National Qualifications;
7. Advise and Support Any Person, Body or Institution Which Is Responsible for The Award
of National Qualifications;
8. Publish an Annual Report on The Status of National Qualifications;
9. Set Standards and Benchmarks for Qualifications and Competencies Including Skills,
Knowledge, Attitudes and Values;
10. Define the Levels of Qualifications and Competencies;
11. Provide for The Recognition of Attainment or Competencies Including Skills, Knowledge,
Attitudes and Values;
12. Facilitate Linkages, Credit Transfers and Exemptions and A Vertical and Horizontal
Mobility at All Levels to Enable Entry, Re-Entry and Exit;
13. Conduct Research on Equalization of Qualifications;
14. Establish Standards for Harmonization and Recognition of National and Foreign
Qualifications;
15. Build Confidence in the National Qualifications System that Contributes to the National
Economy;
16. Provide Pathways That Support the Development and Maintenance of Flexible Access to
Qualifications;
17. Promote the Recognition of National Qualifications Internationally; And
18. Perform Such Other Functions as May Be Provided Under This Act.

The KNQF is a learning outcome-based qualifications framework, comprising of all educational

and training sectors and all forms of learning; formal, non-formal and informal learning. The
KNQF comprises of levels, each being identified by a unique set of Level Descriptors. In order to
place a qualification on any KNQF level, the learning outcomes (L.O) of each unit comprising a
qualification and the overall qualification learning outcomes are mapped against these Level
Descriptors. At each level, the Level Descriptors are classified into three separate strands
(categories) covering Knowledge, Skills and Competencies.

The principles for which the KNQF is established is to promote access to and equity in education,
quality and relevance of qualifications, evidence-based competence, and flexibility of access to
and affordability of education, training assessment and qualifications. The decision to develop the
Kenya National Qualifications Framework was made after several challenges were found to be
facing the education system in the Kenya. These include:-

 Globalization, technological change and transformation;

 Poor linkages between qualifications and the labour market;
 Lack of consistency in qualifications (even among institutions offering same level
qualifications); Bottlenecks and Dead ends;
 Absence of a system for comparing qualifications to each other;
 Pathways of progression between qualifications was unclear and cumbersome;
 The Value of qualifications to employers and learners was not clear unclear;
 The Country had an education system that was not able to address its social-economic and
technical challenges appropriately;
 Tackling the menace of Fake Certificates in Kenya

The problem of fake certificates is a global challenge. The National Student Clearinghouse, a US
organization that offers a certificate verification service, reports that prevalence of falsified
academic credentials is a serious, prevalent and growing problem. In 2015 the New York
Times reported on a billion-dollar industry consisting of 3,300 “diploma mills”. These were fake
universities and colleges that sold certificates for all levels of certification, worldwide. We also
have in the world many universities and colleges awarding certificates that they have no
accreditation or mandate to do so.

It is generally thought that fake credentials are becoming more common in Kenya. And here, they
take the form of buying totally fake academic certificates, falsified documents, using documents
that belong to other people, and certificates issued by colleges and universities that do not have
manage to do so. Before enactment of the KNQF act of 2014, there was no centralized place for
reporting of fake certificates in the country. This posed a serious problem for colleges, universities
and employers. It undermined their legitimacy and reputation and robed honest candidates of
opportunities for further education and/or employment.

For colleges and universities, fake qualifications pose a reputational risk – as other colleges,
countries and employers do not trust their qualifications. If students with fake certificates from a
specific college manage to gain entry on a falsified transcript, their performance will be below
standard. Future applicants from that college or university may be disadvantaged by association.
This also poses a risk to university selection criteria data and policy, as it damages the validity of
using prior academic records from universities and colleges across the country as a predictor of
success.

Another consequence is that a high prevalence of fraudulent qualifications has increased the
tendency for universities to hire their own students mostly–for further study, or even employment,
rather than recruiting from further afield. That’s because students who’ve already been trained by
the institution are more easily verified and represent a known entity.

It is because of this observation that the KNQA is now putting in place a mechanism to verify and
weed out fake certificates in the country. These include the use of a robust verification system,
reference checking and competency-based interviews (policies, standards and guidelines still
under development). They are developing a system that links higher education institutions to a
centralized database where third party queries may be done. The service will verify KCSE,
KASNEB, TVET level and University level certificates and qualifications. The system also checks
whether an academic institution is accredited by the relevant government body. To do this the
system is currently recruiting all institutions that award qualifications in the country to register and
to commit to submit data on their graduates in a timely manner.

b. Professional Training

Once a student has successfully graduated, it is advisable that they employed by a Quantity
Surveying firm for an all-round, start to finish professional training. This would normally take 24
months and the professional examination would entail written examinations as well as oral
examinations that’s adopts an interview model.

The recognized body in Kenya that is mandated to set and offer such professional examinations is
known as Board of Registration of Architects and Quantity Surveyors (BORAQS). Any certificate
and license given by this body, is recognized as enough evidence that one qualifies to practice in
Kenya as a professional Quantity Surveyor.

The Board was established in 1934 under Cap 525 Laws of Kenya. The Boards mandate is to
regulate the professions of Architecture and Quantity Surveying through training, registration and
enhancement of ethical practice.

By the time Kenya attained independence; in 1963 the Board had registered Architects and
Quantity Surveyors of European origin. There after the Asians were registered. It was until towards
the late seventies and early eighties Africans of Kenyan origin were registered. To date the Board
has registered 1556 Architects and 820 Quantity Surveyors.

The Board is established under Section 4 of Cap 525 Laws of Kenya. It consists of eight (8)
members. Four of the members are appointed by the Cabinet Secretary in charge of matters related
to Public Works; currently being the Cabinet Secretary for the Ministry of Land Housing and
Urban Development, Four (4) are Nominated by AAK and approved by the Cabinet Secretary. The
Cabinet Secretary appoints one member among whom he has nominated to be the Chairman of the
Board.

The Cabinet Secretary appoints the Registrar of the Board in adherence to Section 6(1) of Cap 525.
The Registrar is charged with the duty of running the secretariat. He ensures that a Register is kept
of every person who is suitably qualified to be registered as an Architect or a Quantity Surveyor.

The Board appoints committees in accordance to Sec 5(c) of Cap 525. Currently The Board has
four (4) committees

1. Architects & Quantity Surveyors Education board (AQSEB)

2. Ethics and Practice Committee(E&P)
3. Finance and Administration Committee(F&A)
4. Management Committee (MC)

Each committee is chaired by a main Board member.

Benefits of Professional Recognition

1. Increase your earning potential; an individual who has a practicing license is better
remunerated than one who is not if they were to do the same assignment. As a certified
professional you are more marketable and the client or company that has hired your
services can use you for various situations.

2. Exchange of skills and technology; This occurs especially when we have foreign
professionals who are involved in local projects and the exchange is in terms of allowing
the local professionals to adopt the new skills, softwares and talents from the foreign
professionals.

3. Benefits arising from joining professional bodies; Enable joining of professional bodies
that advocates for members benefits and standardization of the profession.

4. Allows one to upgrade their knowledge and skills through attendance of continuous
professional development (CPDs) seminars.

5. Open more opportunities for work or employment within and outside the country and in
various industries other than the construction industry. A certified QS can work in other
industries such as education as a lecturer, in the financial sector, mining sector etc.
6. Enhances one’s credibility before a client and other stakeholders; any certified persons as
professionals would always appear credible compared to one who is not.

7. Dispute resolutions; in arbitration or court proceedings a professional can be requested to

appear and give evidence as an expert witness. This is a benefit to a certified professional
since his words would help in resolving of disputes.

8. Enables continuity for professional careers; any career must undergo full circle where the
old give way to the young and the circle continues.

9. Reduction on unprofessional and unethical behaviors; the more persons pursue

professional recognition and registered in accredited professional bodies the less the people
who would be unrecognized and this reducing the chances for unethical and unprofessional
conduct.