paper 3 - roles & responsibity of consulting engineers

SEMINAR ON RESPONSIBILITY SEMINAR ON RESPONSIBILITY OF CONSULTANT IN THEOF CONSULTANT IN THEOF CONSULTANT IN THE OF CONSULTANT IN THE

CONSTRUCTION INDUSTRYCONSTRUCTION INDUSTRY

ROLES & RESPONSIBILITIESROLES & RESPONSIBILITIESROLES & RESPONSIBILITIESROLES & RESPONSIBILITIESOFOF

CONSULTING ENGINEERSCONSULTING ENGINEERSbyby

Ir. Dr.Abdul MajidIr. Dr.Abdul MajidPresident ofPresident of

Association of Consulting Engineers MalaysiaAssociation of Consulting Engineers Malaysia

Roles & Responsibilities of a C lti E iConsulting Engineer

To understand the roles & responsibilities of aTo understand the roles & responsibilities of a To understand the roles & responsibilities of a To understand the roles & responsibilities of a Consultant Engineer one must know the liabilities Consultant Engineer one must know the liabilities attached to standard of care expected from a attached to standard of care expected from a Consultant Engineer.Consultant Engineer.

If there are no liabilities associated with whatIf there are no liabilities associated with what If there are no liabilities associated with what If there are no liabilities associated with what Consultants do, then there is no sense of Consultants do, then there is no sense of responsibility, role, duty of care or even moral responsibility, role, duty of care or even moral obligations.obligations.

Liabilities inLiabilities in turn are associated with the Laws of theturn are associated with the Laws of the Liabilities inLiabilities in--turn are associated with the Laws of the turn are associated with the Laws of the country to enforce or regulate the profession.country to enforce or regulate the profession.

The Consulting Engineer as a P f i

((11)) ThereThere areare approxapprox 11 500500 EngineeringEngineering ConsultancyConsultancy PracticesPractices

Profession((11)) ThereThere areare approxapprox.. 11,,500500 EngineeringEngineering ConsultancyConsultancy PracticesPractices

registeredregistered withwith thethe BoardBoard ofof EngineersEngineers.. WhyWhy soso manymany ??

(2) The P.E. registration with BEM allows the Engineer be abe the Submitting Person under the Street & Drainage Actbe the Submitting Person under the Street & Drainage Act.Is the P.E. then a Competent Engineer ?

((33)) WithWith thethe PP..EE.. registrationregistration anyany engineerengineer cancan setset--upup ananEngineeringEngineering ConsultancyConsultancy PracticePractice registeredregistered withwith thetheBoardBoard afterafter 44 yearsyears.. ManyMany dodo notnot dodo soso.. AfterAfter 44 yearsyears ofofengineeringengineering experienceexperience isis thisthis sufficientsufficient toto setset--upup aab ib i ??businessbusiness ??

((44)) HowHow manymany ConsultingConsulting EngineersEngineers inin practicepractice understandsunderstands thetheconceptconcept ofof duty,duty, carecare andand duedue diligencediligence toto thethe PublicPublic andandCli tCli t ??ClientClient ??

Are these the Attributes of a Good Consulting Engineer ?

((11)) ExperienceExperience.. WhatWhat isis thethe ConsultingConsulting EngineersEngineersexperienceexperience inin generalgeneral practicepractice andand thethe particularparticular fieldfield

Consulting Engineer ?

experienceexperience inin generalgeneral practicepractice andand thethe particularparticular fieldfieldofof engineeringengineering underunder considerationconsideration ??

(2) ConceptConcept ofof aa problemproblem.. Does the Consulting Engineerdisplay a good understanding of the Clients needsand problems ?

((33)) CompetenceCompetence DoesDoes thethe previousprevious workwork ofof thethe((33)) CompetenceCompetence.. DoesDoes thethe previousprevious workwork ofof thetheConsultingConsulting EngineerEngineer demonstratedemonstrate adequateadequatecompetencecompetence toto handlehandle thethe workwork underunder questionquestion ??

((44)) StaffStaff.. DoesDoes thethe ConsultingConsulting EngineerEngineer hashas enoughenoughresourcesresources toto undertakeundertake thethe engagementengagement ??

((55)) KnowledgeKnowledge ofof locallocal conditionsconditions IsIs thethe ConsultingConsulting((55)) KnowledgeKnowledge ofof locallocal conditionsconditions.. IsIs thethe ConsultingConsultingEngineerEngineer familiarfamiliar withwith thethe locallocal conditionsconditions ??

Are these the Attributes of a Good Consulting Engineer ?

((66)) ProjectProject ManagementManagement.. HasHas thethe ConsultingConsulting EngineerEngineer

Consulting Engineer ?

demonstrateddemonstrated thethe abilityability toto organizeorganize andand managemanageprojectsprojects toto assureassure completioncompletion onon scheduleschedule andand withinwithinestimatedestimated costscosts ??

((77)) IntegrityIntegrity.. HasHas thethe ConsultingConsulting EngineerEngineer aa reputationreputation ofofoutstandingoutstanding integrityintegrity andand honestyhonesty ??

((88)) CooperationCooperation.. IsIs thethe ConsultingConsulting EngineerEngineer wholewholeheartedlyheartedly coco--operativeoperative withwith thethe ClientClient ??

((99)) StandingStanding WhatWhat isis thethe ConsultingConsulting EngineersEngineers standingstanding((99)) StandingStanding.. WhatWhat isis thethe ConsultingConsulting Engineer sEngineer s standingstandinginin thethe professionprofession ??

((1010))ReputationReputation.. WhatWhat isis thethe ConsultingConsulting EngineersEngineers(( )) pp gg ggreputationreputation withwith existingexisting ClientsClients ??

What is a Consulting Engineer ? Consulting engineering roles, responsibilities and Consulting engineering roles, responsibilities and

obligations are generally poorly understood.obligations are generally poorly understood.g g y p yg g y p y

The public at large has difficulty in distinguishing The public at large has difficulty in distinguishing between a consulting engineer a professionalbetween a consulting engineer a professionalbetween a consulting engineer, a professional between a consulting engineer, a professional engineer and a contractor.engineer and a contractor.

Most engineering graduates and universities haveMost engineering graduates and universities have Most engineering graduates and universities have Most engineering graduates and universities have only a meager understanding of the role of a only a meager understanding of the role of a consulting engineer.consulting engineer.

Even some Consulting Engineers lack adequate Even some Consulting Engineers lack adequate comprehension of their own roles, obligations and comprehension of their own roles, obligations and p gp gresponsibilitiesresponsibilities..

Definition of a Consulting Engineer A consulting engineering is an A consulting engineering is an independent professional engineerindependent professional engineer

who performs professional engineering services for clients on a fee who performs professional engineering services for clients on a fee b ib ibasis.basis.

ACEMs definition in the MAA A Consulting Engineer as a person ACEMs definition in the MAA A Consulting Engineer as a person possessing the necessary qualifications to practice in more than possessing the necessary qualifications to practice in more than p g y q pp g y q p. of . of independent professional judgementindependent professional judgement in the matters upon in the matters upon which he advises.which he advises.

BEMs definition is Engineering consultancy practice means soleBEMs definition is Engineering consultancy practice means sole BEM s definition is Engineering consultancy practice means sole BEM s definition is Engineering consultancy practice means sole proprietorship, partnership, bodies corporate providing professional proprietorship, partnership, bodies corporate providing professional engineering services.engineering services.

PEOsPEOs RegulationRegulation confersconfers designationdesignation ofof ConsultingConsulting EngineerEngineer ononpractitionerspractitioners whowho fulfilfulfil additionaladditional qualificationsqualifications.. OnlyOnly thosethose personspersons andandpp qq yy ppfirmsfirms authorizedauthorized byby PEOPEO toto dodo soso maymay callcall themselvesthemselves ConsultingConsultingEngineersEngineers ....ProfessionalProfessional EngineersEngineers OntarioOntario thatthat regulatesregulates EngineersEngineers

Consultant Engineers are ProfessionalsProfessionals

Apply this to the employment of a Professional man. The Apply this to the employment of a Professional man. The Law does not usually imply a warranty that he will achieve aLaw does not usually imply a warranty that he will achieve aLaw does not usually imply a warranty that he will achieve a Law does not usually imply a warranty that he will achieve a desired result, but only a term that he will use desired result, but only a term that he will use reasonable reasonable care & skillcare & skill. The surgeon does not warrant that he will cure . The surgeon does not warrant that he will cure the patient nor does the solicitor warrant that he will win thethe patient nor does the solicitor warrant that he will win thethe patient nor does the solicitor warrant that he will win the the patient nor does the solicitor warrant that he will win the casecase

LordLord DenningDenning inin thethe GreavesGreaves && Co(Contractors)Co(Contractors) LtdLtdLordLord Denning,Denning, inin thethe GreavesGreaves && Co(Contractors)Co(Contractors) LtdLtd..VV.. BaynhamBaynham MeikeMeike && PartnersPartners AA claimclaim againstagainstConsultingConsulting EngineersEngineers decideddecided inin 19751975

A professional is one who holds oneself out, and professes A professional is one who holds oneself out, and professes as having the necessary qualifications, skills and expertise in as having the necessary qualifications, skills and expertise in

ti l fi ld H d t t i th t d fti l fi ld H d t t i th t d fa particular field. He owes a duty to exercise that degree of a particular field. He owes a duty to exercise that degree of skill & care which others rely on.skill & care which others rely on.

Is Consulting Engineering a B i P f i ?Business or Profession ?

When monetary transactions is involved i.e. When monetary transactions is involved i.e. When monetary transactions is involved i.e. When monetary transactions is involved i.e. charging of professional fees it becomes a business.charging of professional fees it becomes a business.

S l i t hi d t hi i i t dS l i t hi d t hi i i t d Sole proprietorship and partnership is registered Sole proprietorship and partnership is registered with the Register of Business (ROB) and bodies with the Register of Business (ROB) and bodies corporate are registered with the Register ofcorporate are registered with the Register ofcorporate are registered with the Register of corporate are registered with the Register of Companies (ROC).Companies (ROC).

E b i i k fi h d f hE b i i k fi h d f h Every business entity seeks a profit at the end of the Every business entity seeks a profit at the end of the day hence the challenge is to day hence the challenge is to mix sound business mix sound business management and professional attitudes for goodmanagement and professional attitudes for goodmanagement and professional attitudes for good management and professional attitudes for good engineering.engineering.

Is the Consulting Engineering Is the Consulting Engineering B i P fi bl ?B i P fi bl ?Business Profitable ?Business Profitable ?

NOTNOT ENOUGHENOUGH STATISTICSSTATISTICSTOTO IDENTIFYIDENTIFY THETHE SIZESIZE OFOF

SSTHETHE INDUSTRYINDUSTRY..

Engineering part of o erall Professionaloverall Professional

Services

Attempt to Quantify the Consulting Attempt to Quantify the Consulting E i i B i !E i i B i !Engineering Business !Engineering Business !

20002000 20022002 20062006 20072007 20012001AustraliaAustralia

TotalGDPTotalGDP RM340,000MRM340,000M RM390,000MRM390,000M RM548,000MRM548,000M RM507,000MRM507,000M

FeesCollectedFeesCollected RM820M*RM820M* RM1,500M*RM1,500M* ???????? ???????? A$3.9BA$3.9B

%shareofGDP%shareofGDP 0.24%0.24% 0.38%0.38% 0.6%0.6%

Note:Note: *SourceKastam*SourceKastamDiRajaDiRaja

*Estimate*Estimate ACEAACEAReportReportjj pp

ProductivityProductivity RM80KRM80K/Employee/Employee

A$80KA$80K/Employee/Employee

How Do We Become a C l i E i ?Consulting Engineer ?

z A degree in Engineering recognized by BEM and apply forz A degree in Engineering recognized by BEM and apply for registration as a Graduate Engineer and signedForm A Application for Registration as a Graduate Engineer

z Has passed the Professional Assessment Examination for which he is entitled to the title Ir. and is therefore a Professional Engineer and signedForm B1 Application for Registration as a Professional EngineerForm B1- Application for Registration as a Professional Engineer

z Set-up a business entity and register it with ROB or ROC and signeddeclarations as required by ROB or ROC.dec a at o s as equ ed by O o OC

z Register with BEM as an Engineering Consultancy Practice and signedF E A li i f R i i ECPForm E Application for Registration as an ECP

How many Consultant Engineers

As of June 2007 there are;Consultant Engineers

are out there ? z 12,817 Professional Engineers &z 42,583 Graduate Engineers

registered with the Board.

O t f th 12 817 P f i l E iOut of the 12,817 Professional Engineers;

6,522 are registered under Civil2 570 i t d d El t i l 2,570 are registered under Electrical

2,524 are registered under Mechanical The rest (1,201 PEs) are registered

under the various 86 different disciplinesunder the various 86 different disciplines such as automotive, aeronautical etc.

It is estimated that 2,000 to 3,000 P.E.s , ,are Consulting Engineers or Practicing Engineers.

Size of Consultant Engineer PracticeSize of Consultant Engineer PracticeBEM BEM ACEM ENGINEERING SURVEY 2003.ACEM ENGINEERING SURVEY 2003.

BEMBEM ACEM SURVEY 2003ACEM SURVEY 2003 ACEA SURVEY 2001ACEA SURVEY 2001BEMBEM--ACEM SURVEY 2003ACEM SURVEY 200363% SMALL FIRMS63% SMALL FIRMS

32% MEDIUM FIRMS32% MEDIUM FIRMS

ACEA SURVEY 2001 ACEA SURVEY 2001 AUSTRALIA AUSTRALIA

98% SMALL FIRMS 98% SMALL FIRMS (

Breakdown of Staff (2002)Breakdown of Staff (2002)BEM BEM ACEM ENGINEERING SURVEY 2003.ACEM ENGINEERING SURVEY 2003.

ESTIMATE WORK FORCEESTIMATE WORK FORCEESTIMATE WORK FORCE ESTIMATE WORK FORCE BEMBEM--ACEM SURVEY 2003ACEM SURVEY 2003 30,000 (YEAR 2002)30,000 (YEAR 2002)ACEA SURVEY 2001 (AUSTRALIA)ACEA SURVEY 2001 (AUSTRALIA) 42,00042,000

So You are a Consulting Engineer !So You are a Consulting Engineer !

RECOGNISEDRECOGNISED ININ LAWLAW ASAS AA PROFESSIONALPROFESSIONAL BUTBUTALSOALSO IMPLYIMPLY RESPONSIBILITIES,RESPONSIBILITIES, OBLIGATIONSOBLIGATIONS ANDANDLIABILITIESLIABILITIES BETWEENBETWEEN PARTIESPARTIES TOTO ANAN AGREEMENTAGREEMENT!

OBLIGATIONS & OBLIGATIONS & BENEFITSBENEFITS

LIABILITIESLIABILITIES

Fundamental Roles & Responsibilities Fundamental Roles & Responsibilities f C lti E if C lti E i

Safet health and elfare of the p blic isSafet health and elfare of the p blic is

of Consulting Engineersof Consulting Engineers

zz Safety, health and welfare of the public is Safety, health and welfare of the public is paramount.paramount.

zz Perform only in areas of competencePerform only in areas of competencezz Perform only in areas of competence.Perform only in areas of competence.zz Faithful agent or trustee of the clientFaithful agent or trustee of the client

A id d ti t i li it ti fA id d ti t i li it ti fzz Avoid deceptive acts in solicitation of Avoid deceptive acts in solicitation of employment.employment.

zz Objective and truthful in public statementsObjective and truthful in public statementszz Objective and truthful in public statements.Objective and truthful in public statements.

All f th b i t d DUTY OF CAREAll f th b i t d DUTY OF CAREAll of the above is termed DUTY OF CAREAll of the above is termed DUTY OF CARE

Laws Having Direct Impact on the Laws Having Direct Impact on the R l & R ibiliti fR l & R ibiliti fRoles & Responsibilities of Roles & Responsibilities of

Consultant EngineersConsultant EngineersRegistration of Engineers Act 1158Registration of Engineers Act 1158

Street, Drainage & Building Act 133 orStreet, Drainage & Building Act 133 orthe equivalent in Sabahthe equivalent in Sabah

Other Laws that a Consultant Engineer Should KnowThe CIDB ActThe CIDB ActThe Company ActThe Company ActThe Health & Safety ActThe Health & Safety ActThe Housing Development ActThe Housing Development ActThe Employment/Contract ActThe Employment/Contract ActThe Employment/Contract ActThe Employment/Contract ActThe Common Law of the countryThe Common Law of the countryOther related acts in the Building Industry eg. Environmental, PlanningOther related acts in the Building Industry eg. Environmental, Planning

The Registration of Engineers ActThe Registration of Engineers Act

z An Act of Parliament passed pin 1967 to regulate Engineers

zz The Board of Engineers The Board of Engineers Malaysia was formed in Malaysia was formed in 1972.1972.

zz The ACT was originally a The ACT was originally a reaction to building failures reaction to building failures in the early 1970sin the early 1970sin the early 1970sin the early 1970s

z The Engineers Act is the most important document in pLaw governing all Engineers

What is the Purpose of the Engineers Act ?zz The Registration of Engineers Act does not state its purpose, it The Registration of Engineers Act does not state its purpose, it

leaves to the reader to figure out its purpose.leaves to the reader to figure out its purpose.

Other Acts for example of Queensland states the following;Other Acts for example of Queensland states the following;(a) (a) to to protect the publicprotect the public by ensuring professional engineering by ensuring professional engineering

services are provided by a registered P.E. in a professional and services are provided by a registered P.E. in a professional and competent way; andcompetent way; andcompetent way; andcompetent way; and

(b) (b) to maintain public confidence in the standard of services to maintain public confidence in the standard of services provided by registered P.E.; andprovided by registered P.E.; and

(c) (c) to uphold the standards of practice of registered P.E.sto uphold the standards of practice of registered P.E.s

zz Policy statement by Professional Engineers Board Singapore;Policy statement by Professional Engineers Board Singapore;

The mission of the Professional Engineers Board is to The mission of the Professional Engineers Board is to safeguard safeguard lif t d lflif t d lf f th blif th bli b tti d i t i ib tti d i t i ilife, property and welfarelife, property and welfare of the publicof the public by setting and maintaining by setting and maintaining high standards for registering professional engineers and by high standards for registering professional engineers and by regulating and advancing the practice of professional engineering.regulating and advancing the practice of professional engineering.

zz The main purpose of the Act is to safeguard and protect public The main purpose of the Act is to safeguard and protect public interest although this is not mentioned explicitly.interest although this is not mentioned explicitly.

Declarations in Signing Form A, Form B1 & Form E in the Registration of Engineers ActForm E in the Registration of Engineers Act

z For Form A Graduate Engineers I agree to abide by the Registration of Engineers Regulations 1990, including the Code of I agree to abide by the Registration of Engineers Regulations 1990, including the Code of Professional Conduct.

z Form B1 Professional Engineers I am a Graduate Engineer, have undergone the prescribed practical experience, am a

/ f MIEM/have passed the PAE and have complied with all the requirements of the BoardI agree to abide by the Registration of Engineers Regulations 1990, including the Code of Professional Conduct

z Form E Engineering Consultancy Practicez Form E Engineering Consultancy PracticeSubmission of Statutory Declaration of sole proprietor/all partner in the partnership/all directors and shareholders in the body corporate.

z The above two declarations in Form A & B1 are almost equivalent to a Statutory Declarationz The above two declarations in Form A & B1 are almost equivalent to a Statutory Declaration and each form has a WARNING at the end on PENALTY

zz The Professional Engineer accepts a specific code of conduct & ethics.The Professional Engineer accepts a specific code of conduct & ethics.

z Hence Consultants responsibility will be to abide by the Engineers Act, the Regulations and Code of Professional Conduct.

STREET DRAINAGE & BUILDING STREET DRAINAGE & BUILDING ACT 1974ACT 1974ACT 1974 ACT 1974

The Act spelt outlti fsevere penalties for

defaulting engineers for design failuresg

STREET DRAINAGE & BUILDING STREET DRAINAGE & BUILDING ACT 1974ACT 1974ACT 1974 ACT 1974

Clause 71 :Clause 71 :--Clause 71 :Clause 71 :zz Where any building or part of a building fails in the Where any building or part of a building fails in the

course of construction or after completion etc. and course of construction or after completion etc. and such failures is due to;such failures is due to;such failures is due to;such failures is due to;

zz Misconstruction or lack of proper supervision during Misconstruction or lack of proper supervision during constructionconstruction

zz Misdesign or miscalculation; orMisdesign or miscalculation; orzz MisuseMisusezz MisuseMisuse

The person responsible shall be liable on conviction to The person responsible shall be liable on conviction to a fine not exceeding Rm500,000 or to imprisonment for a fine not exceeding Rm500,000 or to imprisonment for a term not exceeding 10 years or to both.a term not exceeding 10 years or to both.

UNIFORM BUILDING BYUNIFORM BUILDING BY--LAWS 1984LAWS 1984

Many complaints have been received by the Board pertaining to design issues based on thisto design issues based on this By-law especially from Local

Authorities.

Some punitive penalties are spelt out but the more severe penalties

are in the Act under which this By-law falls into.

UNIFORM BUILDING BYUNIFORM BUILDING BY--LAWS 1984LAWS 1984In case of failures the Local Authority may invoked In case of failures the Local Authority may invoked Clause 258 Clause 258 Failure to Buildings :Failure to Buildings :--

In the event of failure the Qualified Person shall :In the event of failure the Qualified Person shall :--zz report such failurereport such failureppzz explain the cause of failure andexplain the cause of failure andzz if such failure occurred during construction, state if such failure occurred during construction, state

the remedial action takenthe remedial action taken

The Local Authority if it has reason to believe that a The Local Authority if it has reason to believe that a failure has occurred may require him :failure has occurred may require him :--failure has occurred may require him :failure has occurred may require him :

zz state whether such failure occurredstate whether such failure occurredzz explain why he failed to report such failureexplain why he failed to report such failurezz if such failure occurred during construction state theif such failure occurred during construction state thezz if such failure occurred during construction state the if such failure occurred during construction state the

remedial action takenremedial action taken

Declarations under SDB Act & UBBLDeclarations under SDB Act & UBBL

STREET,STREET, DRAINAGEDRAINAGE ANDANDBUILDINGBUILDING ACTACT;;

Tandatangan JuruteraI hereby to the best of my knowledge certify that the;;

UNIFORMUNIFORM BUILDINGBUILDING BYBY--LAWLAW

SS t d dt d d d l tid l ti

I hereby to the best of my knowledge, certify that thefollowing systems conform to the requirements of theUniform Building By-Laws and other relevant standardsand codes of practice specified by the Director Generalof Fire Services & Rescue Department, Malaysia:

SomeSome standardstandard declarationsdeclarationsrequiredrequired byby locallocal authoritiesauthorities

Systems Standards System Certified

Sprinkler CIFS/LPC Hose Reel BS 5306 : Part 1

Tandatangan JuruteraSaya memperakui bahawaperincian dalam pelan pelan ini

Hose Reel BS 5306 : Part 1 Wet/Dry Riser BS 5306 : Part 1 Fire Alarm BS 5446 : 3116/CP 1019 CO2 NFPA 12

adalah menurut kehendakkehendak Undang Undang KecilBangunan 1985 dan saya terimatanggungjawab penuh dengan

Fire Extinguishers BSCP - 402 : Part 3 Down Comer BS 5306 Wet Chemical NFPA 17A tanggungjawab penuh dengan

sewajarnya. Smoke Detector BS 5305 : Part 7 Heat Detector BS 5445 : Part 5

Declarations under SDB Act & UBBLDeclarations under SDB Act & UBBL

STREET,STREET, DRAINAGEDRAINAGE ANDANDBUILDINGBUILDING ACTACT;;BUILDINGBUILDING ACTACT;;UNIFORMUNIFORM BUILDINGBUILDING BYBY--LAWLAW

Tandatangan Jurutera

I hereby to the best of my knowledge, certify that thefollowing systems conform to the requirements of theUniform Building By-Laws and other relevant standardsand codes of practice specified by the Director Generalof Fire Services & Rescue Department, Malaysia:

S stems Standards S stem CertifiedSystems Standards System CertifiedSprinkler CIFS/LPC Hos Reel BS 5306 : Part 1 Wet/Dry Riser BS 5306 : Part 1 Fire Alarm BS 5446 : 3116/CP 1019 CO2 NFPA 12 Fire Extinguishers BSCP - 402 : Part 3 Tandatangan JuruteraDown Comer BS 5306 Wet Chemical NFPA 17A Smoke Detector BS 5305 : Part 7 Heat Detector BS 5445 : Part 5

Saya memperakui bahawaperincian dalam pelan pelan iniadalah menurut kehendakkehendak Undang Undang KecilBangunan 1985 dan saya terimaBangunan 1985 dan saya terimatanggungjawab penuh dengansewajarnya.

Declarations in SummaryDeclarations in Summary

zz A Consultant Engineer needs to declare upon registration with A Consultant Engineer needs to declare upon registration with BEM.BEM.

yy

zz Standard declarations are required for Consulting Engineers Standard declarations are required for Consulting Engineers for submission purposes under various building laws.for submission purposes under various building laws.

Th C lti E i t th fTh C lti E i t th fThe Consulting Engineer must therefore;The Consulting Engineer must therefore;

zz Understands the Registration of Engineers Act as a basic Understands the Registration of Engineers Act as a basic minimumminimumminimumminimum

zz Be proficient in the technical standards for which he certify;Be proficient in the technical standards for which he certify;zz Is fully proficient in all the Building Acts and ByIs fully proficient in all the Building Acts and By--lawslawszz Understands and is aware of the type and extent of technical Understands and is aware of the type and extent of technical ypyp

standards which is applicable in local engineering practice.standards which is applicable in local engineering practice.zz Is aware of local regulations governing the building industry.Is aware of local regulations governing the building industry.

C t i t t fi i i itC t i t t fi i i itCompetency is a must to ensure proficiency in items Competency is a must to ensure proficiency in items listed above !listed above !

Fundamental Responsibility Fundamental Responsibility -- Duty of CareDuty of Care

What is DUTY OF CARE ?

The Consultant Engineer OWES a Duty of Care to:

TheThe PublicPublic (Civil(Civil LawLaw Act)Act)TheThe PublicPublic (Civil(Civil LawLaw Act)Act)HisHis ClientClient (Contract(Contract Law)Law)

T tT t t t i il i il tt i ii i tt ffTortsTorts pronpron.. torstors civilcivil wrongswrongs notnot arisingarising outout ofofcontractualcontractual obligationsobligations..TortTort LawsLaws areare aa bodybody ofof lawslaws addressingaddressing remediesremedies arisingarising fromfromyy gg ggtorts,torts, ee..gg.. CivilCivil LawLaw ActAct..

Test of Duty of Care is ... a person pursuing a common calling isliable in damage for failure to exercise that skill which is normallyliable in damage for failure to exercise that skill which is normallyexpected from a person pursuing that callingCommon Calling refers to a skilled craftsman, tradesman or professional.


DUTY OF CAREDUTY OF CARETheThe BolamBolam TestTest hashas sincesince passpass

THE BOLAM TESTTHE BOLAM TEST

Bolam v Friern Hospital Management Committee, U.K. [ 1957 ]

ppintointo thethe bodybody ofof MalaysianMalaysian LawLaw..

Generally, it is sufficient for the engineer concerned, to exercise theordinary skill of an ordinary engineer exercising their particular art.Msian Law Journal (2001) 4MLJ, James Ponniah Joseph

Highland Tower Ruling, K.L. High Court, Aug 2000:

the learned judge ruled that ... the unqualified architect who undertookj g qthe works would be judged on the standard of a reasonably qualifiedarchitect ...

ThusThus eveneven anan unregisteredunregistered engineerengineer whowho practicespracticesengineeringengineering willwill bebe liableliable underunder CivilCivil Law!Law!


DUTY OF CAREDUTY OF CARE

Dr Abdul Hamid Rashid v Jurusan Malaysian Consultants [1997] 3 MLJ 546the court held that there was an implied term in the agreement that the fourthdefendant, by publicly proclaiming himself as a consulting civil engineer tothe general public, was expected to take reasonable care and skill in theperformance of his craft.

Steven Phoa Cheng Loon v Highland Properties Sdn Bhd & Ors [2000] 4 CLJ 508,g g p [ ] ,the condition of the land on which the building is to be built as well as thosein the vicinity must be considered and evaluated, particularly if it has potentialto adversely affect the building that is being planned.

AA ConsultingConsulting EngineerEngineer isis liableliable eveneven inin thethe absenceabsence ofof aa writtenwrittencontractcontract oror appointmentappointment..ThTh i i iti i it ff thth itit tt bb id did d (( ifif t idt id ththTheThe vicinityvicinity ofof thethe sitesite mustmust bebe consideredconsidered (even(even ifif outsideoutside thethebatterybattery limitlimit ofof contract)contract)..


DUTY OF CARE DUTY OF CARE -- CONCLUSIONCONCLUSION

CONSULTING ENGINEERS TO NOTE THATCONSULTING ENGINEERS TO NOTE THAT

** Engineers are required to be proficient in engineeringEngineers are required to be proficient in engineeringEngineers are required to be proficient in engineering Engineers are required to be proficient in engineering practice, standards, code of practice and regulations.practice, standards, code of practice and regulations.

** SkillsSkills consideredconsidered expertexpert levellevel inin yesteryearsyesteryears willwill becomebecomenormalnormal practicepractice inin presentpresent timestimes ThisThis requiresrequires engineersengineers totonormalnormal practicepractice inin presentpresent timestimes.. ThisThis requiresrequires engineersengineers totohavehave CPDCPD inin orderorder toto staystay currentcurrent inin hishis practicepractice..

** EvenEven nonnon--registeredregistered engineersengineers whowho practicepractice engineeringengineering willwillbb bjbj TT (( l )l )bebe subjectsubject toto TortsTorts (tort(tort laws)laws)..

** OnceOnce professionalprofessional service(s)service(s) isis rendered,rendered, anan engineerengineer isis liableliableeveneven inin thethe absenceabsence ofof aa writtenwritten contractcontract oror appointmentappointmentpppp(contract(contract law)law)..

Failure of Consulting Engineers to Failure of Consulting Engineers to Discharge their Role & ResponsibilitiesDischarge their Role & ResponsibilitiesDischarge their Role & ResponsibilitiesDischarge their Role & Responsibilities

The Consulting Engineer can expect complaints from;

Members of the public & individuals Non-governmental organizations eg. Residents Associations Government organizations eg. JKR, LLM, Local authorities Concessionare companies eg. IWK, Water authorities Your customers eg. House buyers Your own Clients & Contractors

Fellow Engineers Fellow Engineers

The most common type of complaints may be categorized as follows;o o s;

* Administrative cases Eg. Not renewing registration* Violation of the Act - Eg. Taking over the work of another

Engineer without L O REngineer without L.O.R.* Negligence cases Eg. Design flaws

Federal Court Sets Rule on Discipline of ProfessionalsThis case which appears in BEM Bulletin is the deregistration of anThis case which appears in BEM Bulletin is the deregistration of an Engineer because of a collapse of a linkway bridge at Shah Alam causing a fatal accident. The Engineer was charged and found guilty by the Board.

There are five(5) charges against the Engineer;z (1) Failed to exercise any or adequate care to ensure that the design of

the said linkway bridge was in accordance with good engineering practicepractice.

z (2) Failed to carry out any or adequate periodic inspections of the construction works and to check whether the works were executed in accordance to good engineering practice.

z (3) Failed to comply with UBBL by failure to supervise the works as thez (3) Failed to comply with UBBL by failure to supervise the works as the Qualified Person in submitting the drawings etc. to Majlis.

z (4) Failed to comply with UBBL by failing to discharge your responsibility as the Qualified Person.

z (5) Failed to take any adequate steps to ensure that the drawings arez (5) Failed to take any adequate steps to ensure that the drawings are submitted to Majlis.

In all the five charges the statement .. fail to have full and proper regard for the public interest precedes it.

The Highland Tower Casez The Board has cancelled the registration of the Engineer involved. z The Board came to the decision to cancel his registration at a

h i h th h b ht i t hihearing where three charges were brought against him;(1) for assisting in the application of CF when the drainage system

had not been completed(2) for signing the infrastructure plans to obtain CF although he did

not design or supervise the earthworks, retaining walls, road & drainage works

(3) for having failed to advise the possibility of a landslide and the design of the foundation do not cater for this

z This case was also brought to the Courts where the plaintiff seek redressed from the Consultant, Developers and Majlis. The Court proportion the blame to the parties involved.

Apart from being deregistered the Engineer was still subjected to a civil suit.

Design flaws

Consultant faces legal action

Design flaws

Failure to produce the design with reasonable skill and care

WHAT IF THINGS GO WHAT IF THINGS GO BADLY WRONGBADLY WRONG

Avoid outrageAvoid outrageT k t tiT k t ti Take prompt actionTake prompt action

Really helpReally help Get expert advice earlyGet expert advice early Keep the Client informedKeep the Client informed Keep the Client informedKeep the Client informed Secure essential recordsSecure essential records Seek legal ad ice !!!!!Seek legal ad ice !!!!! Seek legal advice !!!!!Seek legal advice !!!!!

DONT LET THIS HAPPEN TO YOU !DONT LET THIS HAPPEN TO YOU !


66thth D b 2008D b 200866thth December 2008December 2008

BUKIT ANTARABANGSALANDSLIDE


2828thth May 2009May 20092828thth May 2009May 2009


22ndnd June 2009June 2009

WHITHER PROFESSIONALISMWHITHER PROFESSIONALISM

The Collapse of The Collapse of P f i liP f i li

New Straits TimesNew Straits Times

44thth. June 2009. June 2009ProfessionalismProfessionalismNew Straits Times 4New Straits Times 4thth. June 2009. June 2009

The Consulting Engineer

Quote . we also loose a Quote . we also loose a little more of the trust that little more of the trust that we still have for the we still have for the g eeexpertise and ethics of the expertise and ethics of the architects and engineers. architects and engineers. It is time for the It is time for the professional associationsprofessional associationsprofessional associations professional associations and the statutory bodies and the statutory bodies to step up and act on any to step up and act on any failure to carry out their failure to carry out their

Where is Professionalism Heading?Where is Professionalism Heading?

duties with duties with due care and due care and diligencediligence in accordance in accordance with the laws and ethics with the laws and ethics that govern theirthat govern theirWhere is Professionalism Heading?Where is Professionalism Heading? that govern their that govern their professions. Unquoteprofessions. Unquote

Consulting Engineering a RiskyConsulting Engineering a RiskyConsulting Engineering a Risky Consulting Engineering a Risky Business ?Business ?

Do all projects come through design Do all projects come through design and construction smelling roses ?and construction smelling roses ?and construction smelling roses ?and construction smelling roses ?

Business or profession ?Business or profession ? Business or profession ?Business or profession ?

??What about liabilities ?What about liabilities ?

Do you have Professional Indemnity ?Do you have Professional Indemnity ?

KNOW & CONTROL THE REAL RISKKNOW & CONTROL THE REAL RISK

Apply Design Codes & Building Apply Design Codes & Building Regulations JudiciouslyRegulations JudiciouslyRegulations JudiciouslyRegulations Judiciously

D i d & l ti h lD i d & l ti h lDesign codes & regulations helps you Design codes & regulations helps you decide acceptable risk levels and tend to decide acceptable risk levels and tend to express the general judgment orexpress the general judgment orexpress the general judgment or express the general judgment or assessments of experienced engineersassessments of experienced engineers

However proper judgment always However proper judgment always overrides general stated code oroverrides general stated code oroverrides general stated code or overrides general stated code or regulatory requirements.regulatory requirements.

KNOW & CONTROL THE REAL RISK(Contd)KNOW & CONTROL THE REAL RISK(Contd)( )( )

Use UpUse Up--toto--Date TechnologyDate Technologypp gygy

Engineers are obliged to keep up withEngineers are obliged to keep up withEngineers are obliged to keep up with Engineers are obliged to keep up with technological knowledge and not be bytechnological knowledge and not be by--passed by improved methods and passed by improved methods and p y pp y pmaterialsmaterials

What was an acceptable risk in the past What was an acceptable risk in the past may no longer be accepted todaymay no longer be accepted today


Stay Within Your Area of CompetenceStay Within Your Area of Competence

There is a great temptation to offer all There is a great temptation to offer all sorts of services in order to make money. sorts of services in order to make money. You may design drainage all your life and You may design drainage all your life and

h t it k ki th t it k ki twhen opportunity comes knocking at when opportunity comes knocking at oneones door to design a 60s door to design a 60--storey building.storey building.What do you do?What do you do?What do you do?What do you do?

A f i l k hi li it d illA f i l k hi li it d illA professional knows his limits and will A professional knows his limits and will seek expert adviceseek expert advice


Who is the customer ?Who is the customer ?

The question appears trivial, it must be The question appears trivial, it must be q pp ,q pp ,oneones client. Is he not that the customer ?s client. Is he not that the customer ?

The client is The client is oneone customer but when customer but when considering risk; the customer is anyone considering risk; the customer is anyone who has rights from the consultant who has rights from the consultant services and the results from them i.e. the services and the results from them i.e. the

bliblipublicpublic


Do not give design guarantees for designsDo not give design guarantees for designsg g g gg g g g

Guarantees are ideal for factoryGuarantees are ideal for factory--typetypeGuarantees are ideal for factoryGuarantees are ideal for factory--type type situation; prototypes are build, tested & tried situation; prototypes are build, tested & tried out, flaws are detected before production gets out, flaws are detected before production gets , p g, p grollingrolling

Building design offer oneBuilding design offer one--off custom designs off custom designs and construction usually by others. All and construction usually by others. All building designs are prototypes.building designs are prototypes.


Develop and maintain good recordsDevelop and maintain good recordsp gp g

This seems obvious a consultant wouldThis seems obvious a consultant wouldThis seems obvious, a consultant would This seems obvious, a consultant would want to prove his case if an argument want to prove his case if an argument arose.arose.

But records do more than that. Good But records do more than that. Good records help communication & people records help communication & people check records when an apparent dispute check records when an apparent dispute first arises.first arises.


CommunicationCommunication

A consultant communication skills withA consultant communication skills withA consultant communication skills with A consultant communication skills with his client is important to inform him of his his client is important to inform him of his risk in any project ventures.risk in any project ventures.y p jy p j

The need to talk to your client at all times The need to talk to your client at all times yyas the professional advising him as a layas the professional advising him as a lay--man.man.

Consultant Engineer Roles & Responsibilities

z Accepts professional responsibility for the work he does

z Provides professional engineering services based on objective and impartial evaluationbased on objective and impartial evaluation

z Specializes in his own major branch of Spec a es s o ajo b a c oengineering as well as having a broad background of experience

z Possesses the necessary qualifications to practice in one or more of the various branches of Engineering


z Devotes himself to advising his Client on engineering matters or to designing and supervising the construction of engineering works

z Is not directly or indirectly concerned or interested in commercial or manufacturing interests such as

ld t d t i fl hi i fwould tend to influence his exercise of independent professional judgment in the matters upon which he advisesupon which he advises.

z Employs his own qualified staff and maintains hisz Employs his own qualified staff and maintains his own office and technical equipment

Will b j d d b hi if thi

Consultant Engineer Roles & Responsibilitiesz Will be judged by his peers if anything goes wrong

zz Will be guided in all his professional relations by theWill be guided in all his professional relations by thezz Will be guided in all his professional relations by the Will be guided in all his professional relations by the highest standards of integrity, and will act in highest standards of integrity, and will act in professional matters for each Client or Employer as a professional matters for each Client or Employer as a faithful agent or trusteefaithful agent or trustee

Will ha e proper regard for the safet health andWill ha e proper regard for the safet health andzz Will have proper regard for the safety, health, and Will have proper regard for the safety, health, and welfare of the public in the performance of his welfare of the public in the performance of his professional dutiesprofessional dutiespp

zz If his engineering judgment is overruled by nonIf his engineering judgment is overruled by non--t h i l th it h ill l l i t t tht h i l th it h ill l l i t t thtechnical authority, he will clearly point out the technical authority, he will clearly point out the consequencesconsequences


zz For the Consultant to be professional it implies that he will For the Consultant to be professional it implies that he will make maximum use of his skill and knowledge and he will make maximum use of his skill and knowledge and he will use his competence to the fullest extent;use his competence to the fullest extent;p ;p ;

1. With complete honesty and integrity1. With complete honesty and integrity

2. With his best effort in spite of the fact that frequently 2. With his best effort in spite of the fact that frequently neither Client nor Employer is able to evaluate that effortneither Client nor Employer is able to evaluate that effortp yp y

3. With the consciousness that the profession of Consultant 3. With the consciousness that the profession of Consultant Engineering is often judged by the performance of aEngineering is often judged by the performance of aEngineering is often judged by the performance of a Engineering is often judged by the performance of a single individualsingle individual

4. With a duty of care for his Client and the public at large. He 4. With a duty of care for his Client and the public at large. He is responsible for a sound and economic design.is responsible for a sound and economic design.

A Summary of the CA Summary of the Consulting Engineers onsulting Engineers LiabilitiesLiabilities

Ci il L

LiabilitiesLiabilities

CivilLawAct

PublicThe Consultant Engineer

Duty of care to the public

RegistrationofEngineersAct

BEMBreach of registration/ethics

Street,Drainageand Building Act

Local Authorities

Breach of RegulationsandBuildingAct

ContractLaw ClientFiduciary interest & duty of care to Client

THANKTHANKTHANK THANK YOUYOUYOUYOU

paper 3 - roles & responsibity of consulting engineers

Documents

responsibility of consultant

competent engineer

good consulting engineer

theof consultant

liabilities inliabilities

duty of care

roles responsibilities

moral responsibility