One of the major tasks for the professionals in construction projects is to execute all his professional works, according to the terms of the contract of engagement. They cannot run away from the fact that they will face all kinds of risks while carrying out their professions, whether in crimes, tort, the infringement of ethics and other more. According to the Oxford Advanced Learner’s Dictionary[1], endeavour means an attempt or effort. One of the professional’s endeavours in avoiding or minimizing the risks in his/her profession is to carefully perform the duty according to the professional standard. Furthermore, professionals are encouraged to place within them the awareness of how important it is to present their duty at their best, which shall give positive or negative effect to themselves, profession, client and others including the end user of the project. In everyday life, the main part before starting a work is the intention. Construction professionals need to have the intention of accomplishing the duty towards a positive manner and avoid the negative ones. Without that kind of intention and determination at the beginning of the construction professional existence and during the project construction, the endeavour concept will not be able to apply. Abdul Aziz[2] explains, issues that can be endeavoured for a better performance in construction industry are:
1. In architecture designing and innovating; effortless, easy to be constructed and user friendly.
2. In new technology of construction work which not only can avoid or reduce harmful situations to neighbours and workers, but also safe, fast and economical.
3. Applying latest, innovative and effective construction management methods.
4. Work procedure and alternative working tools which can avoid or reduce accidents risks to the construction workers.
Clause 1 (1) Code of Professional Conduct for Architect mentions:
An architect shall use the common reasonable skill and effort and is accepted by his/her professions.
Clause 5 Code Professional Conduct for Engineer states that:
A registered engineer shall conduct himself honourably, responsibly, ethically and lawfully so as to enhance the honour, reputation and usefulness of the profession.
“Every Registered Engineer shall at all times uphold the dignity, high standing and reputation of his profession”.
- Regulation 23, Registration of Engineers Regulations 1990
- Q: What is our effort to uphold the dignity, high standing and reputation of an engineer? This involve “the intention” and “steps” to be taken in order to achieve those “standards”.
The professionals in construction project and other projects, including engineer, like other professionals, need to improve themselves in the form of new and advance knowledge, to acquire new of further skills and keep informed with new technology and technical know-how. They must move ahead in parallel with the advancement of technology, skill and knowledge – as a real professional in a fast-develop-modern world of construction industry. In Moresk Cleaners v Hicks[3], the court states that in modern construction the standard of design, construction activities, etc. shows the need for the construction profession to move in parallel with new technology and skills.
In Eckersley v Binnie & Parkneas[4], Chief Justice Bingham gave this remarks:
“A professional man should command the corpus of knowledge which forms part of the professional equipment of the ordinary member of his procession. He should not lag behind other ordinarily assiduous members of his profession in knowledge of new advances, discoveries and developments in his field. He should have such awareness as an ordinarily competent practitioner would have of the deficiencies in his knowledge and the limitations in his skill. He should be alert to the hazards and risks inherent in the professional task he undertakes to the extent that other ordinarily competent members of his profession would be alert. He must bring to any professional task he undertakes no less expertise, skill and care that other ordinarily competent members of his profession would bring, but need bring no more. The standard is that of the reasonable average. The law does nor require of a professional man that he be a paragon, combining the qualities of polymath and prophet.
In deciding whether a professional man has fallen short of the standards observed by ordinarily skilled and competent members of his profession, it is the standard prevailing at the time of the acts or omissions which provides the relevant yardstick. He is no to be judged by the wisdom of hindsight.”
[1] Oxford Advanced Learner’s Dictionary. 1995. A S Hornby , Jonathan Crowther (Editor), John R Crowther (Editor). 5th edition. Oxrord: Oxford University
[2] Abdul Aziz, Hussin. 2006. Ahli Professional Projek Pembinaan--Perspektif Undang-Undang. Pulau Pinang: Penerbit Universiti Sains Malaysia, pp. 149-157.
[3] (1966) 2 Lloyd’s Rep. 338.
[4] (1988) 18 Con. L.R.I.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.