SEMINAR ON RESPONSIBILITY SEMINAR ON RESPONSIBILITY

OF CONSULTANT IN THE OF CONSULTANT IN THE OF CONSULTANT IN THE OF CONSULTANT IN THE

CONSTRUCTION INDUSTRY CONSTRUCTION INDUSTRY
ROLES &RESPONSIBILITIES ROLES &RESPONSIBILITIES ROLES & RESPONSIBILITIES ROLES & RESPONSIBILITIES
OF OF
CONSULTING ENGINEERS CONSULTING ENGINEERS
by by
Ir. Dr.Abdul Majid Ir. Dr.Abdul Majid
President of President of
Association of Consulting Engineers Malaysia Association of Consulting Engineers Malaysia
Roles & Responsibilities of a
C lti E i Consulting Engineer
To understand the roles &responsibilities of a To 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 what If 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 in Liabilities in turn are associated with the Laws of the turn are associated with the Laws of the Liabilities in Liabilities 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)) There There are are approx approx 11 500 500 Engineering Engineering Consultancy Consultancy Practices Practices
Profession
((11)) There There are are approx approx.. 11,,500 500 Engineering Engineering Consultancy Consultancy Practices Practices
registered registered with with the the Board Board of of Engineers Engineers.. Why Why so so many many ??
(2) The P.E. registration with BEM allows the Engineer be a
be the Submitting Person under the Street & Drainage Act be the Submitting Person under the Street & Drainage Act.
Is the P.E. then a Competent Engineer ?
((33)) With With the the PP..E E. . registration registration any any engineer engineer can can set set--up up an an
Engineering Engineering Consultancy Consultancy Practice Practice registered registered with with the the
Board Board after after 44 years years.. Many Many do do not not do do so so. . After After 44 years years of of
engineering engineering experience experience is is this this sufficient sufficient to to set set--up up a a
b i b i ?? business business ??
((44)) How How many many Consulting Consulting Engineers Engineers in in practice practice understands understands the the
concept concept of of duty, duty, care care and and due due diligence diligence to to the the Public Public and and
Cli t Cli t ?? Client Client ??
Are these the Attributes of a Good
Consulting Engineer ?
((11)) Experience Experience. . What What is is the the Consulting Consulting Engineers Engineers
experience experience in in general general practice practice and and the the particular particular field field
Consulting Engineer ?
experience experience in in general general practice practice and and the the particular particular field field
of of engineering engineering under under consideration consideration ? ?
(2) Concept Concept of of a a problem problem. . Does the Consulting Engineer
display a good understanding of the Clients needs
and problems ?
((33)) Competence Competence Does Does the the previous previous work work of of the the ((33)) Competence Competence.. Does Does the the previous previous work work of of the the
Consulting Consulting Engineer Engineer demonstrate demonstrate adequate adequate
competence competence to to handle handle the the work work under under question question ? ?
((44)) Staff Staff.. Does Does the the Consulting Consulting Engineer Engineer has has enough enough
resources resources to to undertake undertake the the engagement engagement ??
((55)) Knowledge Knowledge of of local local conditions conditions Is Is the the Consulting Consulting ((55)) Knowledge Knowledge of of local local conditions conditions.. Is Is the the Consulting Consulting
Engineer Engineer familiar familiar with with the the local local conditions conditions ? ?
Are these the Attributes of a Good
Consulting Engineer ?
((66)) Project Project Management Management.. Has Has the the Consulting Consulting Engineer Engineer
Consulting Engineer ?
demonstrated demonstrated the the ability ability to to organize organize and and manage manage
projects projects to to assure assure completion completion on on schedule schedule and and within within
estimated estimated costs costs ??
((77)) Integrity Integrity. . Has Has the the Consulting Consulting Engineer Engineer aa reputation reputation of of
outstanding outstanding integrity integrity and and honesty honesty ??
((88)) Cooperation Cooperation. . Is Is the the Consulting Consulting Engineer Engineer whole whole
heartedly heartedly co co--operative operative with with the the Client Client ??
((99)) Standing Standing What What is is the the Consulting Consulting Engineers Engineers standing standing ((99)) Standing Standing.. What What is is the the Consulting Consulting Engineer s Engineer s standing standing
in in the the profession profession ? ?
((10 10))Reputation Reputation.. What What is is the the Consulting Consulting Engineers Engineers (( )) pp gg gg
reputation reputation with with existing existing Clients Clients ? ?
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 y g 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 professional between a consulting engineer a professional between a consulting engineer, a professional between a consulting engineer, a professional
engineer and a contractor. engineer and a contractor.
Most engineering graduates and universities have Most 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 g p g
responsibilities responsibilities..
Definition of a Consulting Engineer
A consulting engineering is an A consulting engineering is an independent professional engineer independent professional engineer
who performs professional engineering services for clients on a fee who performs professional engineering services for clients on a fee
b i b i basis. 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 p p g y q p
. of . of independent professional judgement independent professional judgement in the matters upon in the matters upon
which he advises. which he advises.
BEMs definition is Engineering consultancy practice means sole BEMs definition is Engineering consultancy practice means sole BEMs definition is Engineering consultancy practice means sole BEMs definition is Engineering consultancy practice means sole
proprietorship, partnership, bodies corporate providing professional proprietorship, partnership, bodies corporate providing professional
engineering services. engineering services.
PEOs PEOs Regulation Regulation confers confers designation designation of of Consulting Consulting Engineer Engineer on on
practitioners practitioners who who fulfil fulfil additional additional qualifications qualifications.. Only Only those those persons persons and and pp qq yy pp
firms firms authorized authorized by by PEO PEO to to do do so so may may call call themselves themselves Consulting Consulting
Engineers Engineers .. ..Professional Professional Engineers Engineers Ontario Ontario that that regulates regulates Engineers Engineers
Consultant Engineers are
Professionals Professionals
Apply this to the employment of a Professional man. The Apply this to the employment of a Professional man. The
Lawdoes not usually imply a warranty that he will achieve a Lawdoes not usually imply a warranty that he will achieve a Law 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 & skill care & 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 the the patient nor does the solicitor warrant that he will win the the patient nor does the solicitor warrant that he will win the the patient nor does the solicitor warrant that he will win the
case case
Lord Lord Denning Denning in in the the Greaves Greaves && Co(Contractors) Co(Contractors) Ltd Ltd Lord Lord Denning, Denning, in in the the Greaves Greaves && Co(Contractors) Co(Contractors) Ltd Ltd..
VV. . Baynham Baynham Meike Meike && Partners Partners AA claim claim against against
Consulting Consulting Engineers Engineers decided decided in in 1975 1975
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 f ti l fi ld H d t t i th t d f a 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 d S 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 of corporate are registered with the Register of corporate 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 h E 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 good management and professional attitudes for good management 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 ?
NOT NOT ENOUGH ENOUGH STATISTICS STATISTICS
TO TO IDENTIFY IDENTIFY THE THE SIZE SIZE OF OF
SS THE THE INDUSTRY INDUSTRY..
Engineering part of
o erall Professional overall 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 !
2000 2000 2002 2002 2006 2006 2007 2007 2001 2001
Australia Australia
TotalGDP TotalGDP RM340,000M RM340,000M RM390,000M RM390,000M RM548,000M RM548,000M RM507,000M RM507,000M
FeesCollected FeesCollected RM820M* RM820M* RM1,500M* RM1,500M* ???? ???? ???? ???? A$3.9B A$3.9B
%shareofGDP %shareofGDP 0.24% 0.24% 0.38% 0.38% 0.6% 0.6%
Note: Note: *SourceKastam *SourceKastam
DiRaja DiRaja
*Estimate *Estimate ACEA ACEA
Report Report j j pp
Productivity Productivity RM80K RM80K
/Employee /Employee
A$80K A$80K
/Employee /Employee
How Do We Become a
C l i E i ? Consulting Engineer ?
A degree in Engineering recognized by BEMand apply for A degree in Engineering recognized by BEM and apply for
registration as a Graduate Engineer and signed
Form A Application for Registration as a Graduate Engineer
Has passed the Professional Assessment Examination for which he
is entitled to the title Ir. and is therefore a Professional Engineer
and signed
FormB1 Application for Registration as a Professional Engineer Form B1- Application for Registration as a Professional Engineer
Set-up a business entity and register it with ROB or ROC and signed
declarations as required by ROB or ROC. dec a ato s as equ ed by O o OC
Register with BEM as an Engineering Consultancy Practice and
signed
F E A li i f R i i ECP Form E Application for Registration as an ECP
How many
Consultant Engineers
As of J une 2007 there are;
Consultant Engineers
are out there ?
12,817 Professional Engineers &
42,583 Graduate Engineers
registered with the Board.
O t f th 12 817 P f i l E i Out of the 12,817 Professional Engineers;
6,522 are registered under Civil
2 570 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 disciplines under 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 Practice Size of Consultant Engineer Practice
BEM BEM ACEM ENGINEERING SURVEY 2003. ACEM ENGINEERING SURVEY 2003.
BEM BEM ACEM SURVEY 2003 ACEM SURVEY 2003 ACEA SURVEY 2001 ACEA SURVEY 2001 BEM BEM--ACEM SURVEY 2003 ACEM SURVEY 2003
63% SMALL FIRMS 63% SMALL FIRMS
32% MEDIUM FIRMS 32% MEDIUM FIRMS
ACEA SURVEY 2001 ACEA SURVEY 2001
AUSTRALIA AUSTRALIA
98% SMALL FIRMS 98% SMALL FIRMS (<20 (<20
EMPLOYEES) EMPLOYEES)
Breakdown of Staff (2002) Breakdown of Staff (2002)
BEM BEM ACEM ENGINEERING SURVEY 2003. ACEM ENGINEERING SURVEY 2003.
ESTIMATE WORK FORCE ESTIMATE WORK FORCE ESTIMATE WORK FORCE ESTIMATE WORK FORCE
BEM BEM--ACEM SURVEY 2003 ACEM SURVEY 2003 30,000 (YEAR 2002) 30,000 (YEAR 2002)
ACEA SURVEY 2001 (AUSTRALIA) ACEA SURVEY 2001 (AUSTRALIA) 42,000 42,000
So You are a Consulting Engineer ! So You are a Consulting Engineer !
RECOGNISED RECOGNISED IN IN LAW LAW AS AS AA PROFESSIONAL PROFESSIONAL BUT BUT
ALSO ALSO IMPLY IMPLY RESPONSIBILITIES, RESPONSIBILITIES, OBLIGATIONS OBLIGATIONS AND AND
LIABILITIES LIABILITIES BETWEEN BETWEEN PARTIES PARTIES TO TO AN AN AGREEMENT AGREEMENT!
OBLIGATIONS & OBLIGATIONS &
BENEFITS BENEFITS
LIABILITIES LIABILITIES
Fundamental Roles & Responsibilities Fundamental Roles & Responsibilities
f C lti E i f C lti E i
Safet health and elfare of the p blic is Safet health and elfare of the p blic is
of Consulting Engineers of Consulting Engineers
Safety, health and welfare of the public is Safety, health and welfare of the public is
paramount. paramount.
Performonly in areas of competence Performonly in areas of competence Perform only in areas of competence. Perform only in areas of competence.
Faithful agent or trustee of the client Faithful agent or trustee of the client
A id d ti t i li it ti f A id d ti t i li it ti f Avoid deceptive acts in solicitation of Avoid deceptive acts in solicitation of
employment. employment.
Objective and truthful in public statements Objective and truthful in public statements Objective and truthful in public statements. Objective and truthful in public statements.
All f th b i t d DUTY OF CARE All f th b i t d DUTY OF CARE All of the above is termed DUTY OF CARE All of the above is termed DUTY OF CARE
Laws Having Direct Impact on the Laws Having Direct Impact on the
R l & R ibiliti f R l & R ibiliti f Roles & Responsibilities of Roles & Responsibilities of
Consultant Engineers Consultant Engineers
Registration of Engineers Act 1158 Registration of Engineers Act 1158
Street, Drainage & Building Act 133 or Street, Drainage & Building Act 133 or
the equivalent in Sabah the equivalent in Sabah
Other Laws that a Consultant Engineer Should Know
The CIDB Act The CIDB Act
The Company Act The Company Act
The Health & Safety Act The Health & Safety Act
The Housing Development Act The Housing Development Act
The Employment/Contract Act The Employment/Contract Act The Employment/Contract Act The Employment/Contract Act
The Common Law of the country The Common Law of the country
Other related acts in the Building Industry eg. Environmental, Planning Other related acts in the Building Industry eg. Environmental, Planning
The Registration of Engineers Act The Registration of Engineers Act
An Act of Parliament passed p
in 1967 to regulate
Engineers
The Board of Engineers The Board of Engineers
Malaysia was formed in Malaysia was formed in
1972. 1972.
The ACT was originally a The ACT was originally a
reaction to building failures reaction to building failures
in the early 1970s in the early 1970s in the early 1970s in the early 1970s
The Engineers Act is the
most important document in p
Law governing all Engineers
What is the Purpose of the Engineers Act ?
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 public protect 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; and competent way; and competent way; and competent 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.; and provided by registered P.E.; and
(c) (c) to uphold the standards of practice of registered P.E.s to uphold the standards of practice of registered P.E.s
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 lf lif t d lf f th bli f th bli b tti d i t i i b tti d i t i i life, property and welfare life, property and welfare of the public of 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.
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 Act Form E in the Registration of Engineers Act
For Form A Graduate Engineers
I agree to abide by the Registration of Engineers Regulations 1990, includingthe Code of I agree to abide by the Registration of Engineers Regulations 1990, including the Code of
Professional Conduct.
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 Board
I agree to abide by the Registration of Engineers Regulations 1990, including the Code of
Professional Conduct
FormE Engineering ConsultancyPractice Form E Engineering Consultancy Practice
Submission of Statutory Declaration of sole proprietor/all partner in the partnership/all
directors and shareholders in the body corporate.
The above two declarations in FormA &B1 are almost equivalent to a Statutory Declaration 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
The Professional Engineer accepts a specific code of conduct & ethics. The Professional Engineer accepts a specific code of conduct & ethics.
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 1974 ACT 1974 ACT 1974 ACT 1974
The Act spelt out
lti f severe penalties for
defaulting engineers for
design failures g
STREET DRAINAGE & BUILDING STREET DRAINAGE & BUILDING
ACT 1974 ACT 1974 ACT 1974 ACT 1974
Clause 71 : Clause 71 :-- Clause 71 : Clause 71 :
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;
Misconstruction or lack of proper supervision during Misconstruction or lack of proper supervision during
construction construction
Misdesign or miscalculation; or Misdesign or miscalculation; or
Misuse Misuse Misuse Misuse
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 BY UNIFORM BUILDING BY--LAWS 1984 LAWS 1984
Many complaints have been
received by the Board pertaining
to design issues based on this to 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 BY UNIFORM BUILDING BY--LAWS 1984 LAWS 1984
In 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 :- -
report such failure report such failure pp
explain the cause of failure and explain the cause of failure and
if such failure occurred during construction, state if such failure occurred during construction, state
the remedial action taken the 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 :
state whether such failure occurred state whether such failure occurred
explain why he failed to report such failure explain why he failed to report such failure
if such failure occurred during construction state the if such failure occurred during construction state the if such failure occurred during construction state the if such failure occurred during construction state the
remedial action taken remedial action taken
Declarations under SDB Act & UBBL Declarations under SDB Act & UBBL
STREET, STREET, DRAINAGE DRAINAGE AND AND
BUILDING BUILDING ACT ACT;;
TandatanganJ urutera
I hereby to the best of my knowledge certify that the
;;
UNIFORM UNIFORM BUILDING BUILDING BY BY--LAW LAW
SS t d d t d d d l ti d l ti
I hereby to the best of my knowledge, certify that the
following systems conform to the requirements of the
UniformBuilding By-Laws and other relevant standards
and codes of practice specified by the Director General
of Fire Services &Rescue Department, Malaysia:
Some Some standard standard declarations declarations
required required by by local local authorities authorities
Systems Standards SystemCertified
Sprinkler CIFS/LPC
Hose Reel BS 5306: Part 1
Tandatangan J urutera
Saya memperakui bahawa
perincian dalam pelan pelan ini
Hose Reel BS 5306: Part 1
Wet/DryRiser BS 5306: Part 1
FireAlarm BS 5446: 3116/CP 1019
CO2 NFPA 12
adalah menurut kehendak
kehendak Undang Undang Kecil
Bangunan 1985 dan saya terima
tanggungjawab 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 & UBBL Declarations under SDB Act & UBBL
STREET, STREET, DRAINAGE DRAINAGE AND AND
BUILDING BUILDING ACT ACT;; BUILDING BUILDING ACT ACT;;
UNIFORM UNIFORM BUILDING BUILDING BY BY--LAW LAW
Tandatangan J urutera
I hereby to the best of my knowledge, certify that the
following systems conform to the requirements of the
UniformBuilding By-Laws and other relevant standards
and codes of practice specified by the Director General
of Fire Services &Rescue Department, Malaysia:
S stems Standards S stemCertified Systems Standards SystemCertified
Sprinkler 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 Jurutera
Down Comer BS 5306
Wet Chemical NFPA 17A
Smoke Detector BS 5305 : Part 7
Heat Detector BS 5445 : Part 5
Saya memperakui bahawa
perincian dalam pelan pelan ini
adalah menurut kehendak
kehendak Undang Undang Kecil
Bangunan 1985 dan saya terima Bangunan 1985 dan saya terima
tanggungjawab penuh dengan
sewajarnya.
Declarations in Summary Declarations in Summary
A Consultant Engineer needs to declare upon registration with A Consultant Engineer needs to declare upon registration with
BEM. BEM.
yy
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 f Th C lti E i t th f The Consulting Engineer must therefore; The Consulting Engineer must therefore;
Understands the Registration of Engineers Act as a basic Understands the Registration of Engineers Act as a basic
minimum minimum minimum minimum
Be proficient in the technical standards for which he certify; Be proficient in the technical standards for which he certify;
Is fully proficient in all the Building Acts and By Is fully proficient in all the Building Acts and By- -laws laws
Understands and is aware of the type and extent of technical Understands and is aware of the type and extent of technical yp yp
standards which is applicable in local engineering practice. standards which is applicable in local engineering practice.
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 it C t i t t fi i i it Competency 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 Care Duty of Care
What is DUTY OF CARE ?
The Consultant Engineer OWES a Duty of Care to:
The The Public Public (Civil (Civil Law Law Act) Act) The The Public Public (Civil (Civil Law Law Act) Act)
His His Client Client (Contract (Contract Law) Law)
T t T t t t i il i il tt i i i i tt ff Torts Torts pron pron. . tors tors civil civil wrongs wrongs not not arising arising out out of of
contractual contractual obligations obligations . .
Tort Tort Laws Laws are are aa body body of of laws laws addressing addressing remedies remedies arising arising from from yy gg gg
torts, torts, ee..g g. . Civil Civil Law Law Act Act. .
Test of Duty of Care is ... a person pursuing a common calling is
liable in damage for failure to exercise that skill which is normally liable in damage for failure to exercise that skill which is normally
expected from a person pursuing that calling
Common Calling refers to a skilled craftsman, tradesman or professional.
Fundamental Responsibility Fundamental Responsibility -- Duty of Care Duty of Care
DUTY OF CARE DUTY OF CARE
The The Bolam Bolam Test Test has has since since pass pass
THE BOLAM TEST THE BOLAM TEST
Bolam v Friern Hospital Management Committee, U.K. [ 1957 ]
pp
into into the the body body of of Malaysian Malaysian Law Law. .
Generally, it is sufficient for the engineer concerned, to exercise the
ordinary skill of an ordinary engineer exercising their particular art.
Msian LawJ ournal (2001) 4MLJ , J ames PonniahJ oseph
Highland Tower Ruling, K.L. High Court, Aug 2000:
the learned judge ruled that ... the unqualified architect who undertook j g q
the works would be judged on the standard of a reasonably qualified
architect ...
Thus Thus even even an an unregistered unregistered engineer engineer who who practices practices
engineering engineering will will be be liable liable under under Civil Civil Law! Law!
Fundamental Responsibility Fundamental Responsibility -- Duty of Care Duty of Care
DUTY OF CARE DUTY OF CARE
Dr Abdul Hamid Rashid v Jurusan Malaysian Consultants [1997] 3 MLJ 546
the court held that there was an implied term in the agreement that the fourth
defendant, by publicly proclaiming himself as a consulting civil engineer to
the general public, was expected to take reasonable care and skill in the
performance 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 those
in the vicinity must be considered and evaluated, particularly if it has potential
to adversely affect the building that is being planned.
AA Consulting Consulting Engineer Engineer is is liable liable even even in in the the absence absence of of a a written written
contract contract or or appointment appointment..
Th Th i i it i i it ff th th it it tt bb id d id d (( if if t id t id th th The The vicinity vicinity of of the the site site must must be be considered considered (even (even if if outside outside the the
battery battery limit limit of of contract) contract)..
Fundamental Responsibility Fundamental Responsibility -- Duty of Care Duty of Care
DUTY OF CARE DUTY OF CARE - - CONCLUSION CONCLUSION
CONSULTING ENGINEERS TO NOTE THAT CONSULTING ENGINEERS TO NOTE THAT
** Engineers are required to be proficient in engineering Engineers are required to be proficient in engineering Engineers 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.
** Skills Skills considered considered expert expert level level in in yesteryears yesteryears will will become become
normal normal practice practice in in present present times times This This requires requires engineers engineers to to normal normal practice practice in in present present times times.. This This requires requires engineers engineers to to
have have CPD CPD in in order order to to stay stay current current in in his his practice practice..
** Even Even non non- -registered registered engineers engineers who who practice practice engineering engineering will will
bb bj bj TT (( l ) l ) be be subject subject to to Torts Torts (tort (tort laws) laws)..
** Once Once professional professional service(s) service(s) is is rendered, rendered, an an engineer engineer is is liable liable
even even in in the the absence absence of of aa written written contract contract or or appointment appointment pp pp
(contract (contract law) law). .
Failure of Consulting Engineers to Failure of Consulting Engineers to
Discharge their Role &Responsibilities Discharge their Role &Responsibilities Discharge their Role & Responsibilities Discharge their Role & Responsibilities
The Consulting Engineer can expect complaints from;
Members of the public & individuals
Non-governmental organizations eg. Residents Associations
Government organizations eg. J KR, LLM, Local authorities
Concessionare companies eg. IWK, Water authorities
Your customers eg. House buyers
Your own Clients & Contractors
FellowEngineers 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 R Engineer without L.O.R.
* Negligence cases Eg. Design flaws
Federal Court Sets Rule on Discipline of Professionals
This case which appears in BEMBulletin is the deregistration of an This 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;
(1) Failed to exercise any or adequate care to ensure that the design of
the said linkway bridge was in accordance with good engineering
practice practice.
(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.
(3) Failed to comply with UBBL by failure to supervise the works as the (3) Failed to comply with UBBL by failure to supervise the works as the
Qualified Person in submitting the drawings etc. to Majlis.
(4) Failed to comply with UBBL by failing to discharge your responsibility
as the Qualified Person.
(5) Failed to take any adequate steps to ensure that the drawings are (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 Case
The Board has cancelled the registration of the Engineer involved.
The Board came to the decision to cancel his registration at a
h i h th h b ht i t hi hearing 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
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 WRONG BADLY WRONG
Avoid outrage Avoid outrage
T k t ti T k t ti Take prompt action Take prompt action
Really help Really help
Get expert advice early Get expert advice early
Keep the Client informed Keep the Client informed Keep the Client informed Keep the Client informed
Secure essential records Secure 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 !
DONT LET THIS HAPPEN TO YOU ! DONT LET THIS HAPPEN TO YOU !
DONT LET THIS HAPPEN TO YOU ! DONT LET THIS HAPPEN TO YOU !
66
th th
D b 2008 D b 2008 66
th th
December 2008 December 2008
BUKIT ANTARABANGSA
LANDSLIDE
DONT LET THIS HAPPEN TO YOU ! DONT LET THIS HAPPEN TO YOU !
28 28
th th
May 2009 May 2009 28 28
th th
May 2009 May 2009
DONT LET THIS HAPPEN TO YOU ! DONT LET THIS HAPPEN TO YOU !
22
nd nd
June 2009 June 2009
WHITHER PROFESSIONALISM WHITHER PROFESSIONALISM
The Collapse of The Collapse of
P f i li P f i li
New Straits Times New Straits Times
44
th th
. June 2009 . June 2009
Professionalism Professionalism
New Straits Times 4 New Straits Times 4
th th
. 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 ee
expertise 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 associations professional associations professional 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
diligence diligence in accordance in accordance
with the laws and ethics with the laws and ethics
that govern their that govern their
Where is Professionalism Heading? Where is Professionalism Heading?
that govern their that govern their
professions. Unquote professions. Unquote
Consulting Engineering a Risky Consulting Engineering a Risky Consulting 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 RISK KNOW & CONTROL THE REAL RISK
Apply Design Codes & Building Apply Design Codes & Building
Regulations Judiciously Regulations Judiciously Regulations Judiciously Regulations Judiciously
D i d & l ti h l D i d & l ti h l Design 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 or express the general judgment or express the general judgment or express the general judgment or
assessments of experienced engineers assessments of experienced engineers
However proper judgment always However proper judgment always
overrides general stated code or overrides general stated code or overrides 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 Up Use Up--to to- -Date Technology Date Technology pp gy gy
Engineers are obliged to keep up with Engineers are obliged to keep up with Engineers are obliged to keep up with Engineers are obliged to keep up with
technological knowledge and not be by technological knowledge and not be by- -
passed by improved methods and passed by improved methods and p y p p y p
materials materials
What was an acceptable risk in the past What was an acceptable risk in the past
may no longer be accepted today may no longer be accepted today
KNOW & CONTROL THE REAL RISK(Contd) KNOW & CONTROL THE REAL RISK(Contd) ( ) ( )
Stay Within Your Area of Competence Stay 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 t h t it k ki t when opportunity comes knocking at when opportunity comes knocking at
one ones door to design a 60 s 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 ill A f i l k hi li it d ill A professional knows his limits and will A professional knows his limits and will
seek expert advice seek expert advice
KNOW & CONTROL THE REAL RISK(Contd) KNOW & CONTROL THE REAL RISK(Contd) ( ) ( )
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 ,
one ones client. Is he not that the customer ? s client. Is he not that the customer ?
The client is The client is one one 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
bli bli public public
KNOW & CONTROL THE REAL RISK(Contd) KNOW & CONTROL THE REAL RISK(Contd) ( ) ( )
Do not give design guarantees for designs Do not give design guarantees for designs g g g g g g g g
Guarantees are ideal for factory Guarantees are ideal for factory--type type Guarantees are ideal for factory Guarantees 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 g
rolling rolling
Building design offer one Building 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.
KNOW & CONTROL THE REAL RISK(Contd) KNOW & CONTROL THE REAL RISK(Contd) ( ) ( )
Develop and maintain good records Develop and maintain good records p g p g
This seems obvious a consultant would This seems obvious a consultant would This 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.
KNOW & CONTROL THE REAL RISK(Contd) KNOW & CONTROL THE REAL RISK(Contd) ( ) ( )
Communication Communication
A consultant communication skills with A consultant communication skills with A 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 j y p j
The need to talk to your client at all times The need to talk to your client at all times yy
as the professional advising him as a lay as the professional advising him as a lay- -
man. man.
Consultant Engineer Roles & Responsibilities
Accepts professional responsibility for the work
he does
Provides professional engineering services
based on objective and impartial evaluation based on objective and impartial evaluation
Specializes in his own major branch of Spec a es s o ajo b a c o
engineering as well as having a broad
background of experience
Possesses the necessary qualifications to
practice in one or more of the various branches
of Engineering
Consultant Engineer Roles & Responsibilities
Devotes himself to advising his Client on
engineering matters or to designing and
supervising the construction of engineering works
Is not directly or indirectly concerned or interested
in commercial or manufacturing interests such as
ld t d t i fl hi i f would tend to influence his exercise of
independent professional judgment in the matters
upon which he advises upon which he advises.
Employs his own qualified staff and maintains his 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 & Responsibilities
Will be judged by his peers if anything goes wrong
Will be guided in all his professional relations by the Will be guided in all his professional relations by the 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 trustee faithful agent or trustee
Will ha e proper regard for the safet health and Will ha e proper regard for the safet health and 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 duties professional duties pp
If his engineering judgment is overruled by non If his engineering judgment is overruled by non--
t h i l th it h ill l l i t t th t h i l th it h ill l l i t t th technical authority, he will clearly point out the technical authority, he will clearly point out the
consequences consequences
Consultant Engineer Roles & Responsibilities
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 integrity 1. 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 effort neither Client nor Employer is able to evaluate that effort p y p 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 a Engineering is often judged by the performance of a Engineering is often judged by the performance of a Engineering is often judged by the performance of a
single individual single 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 C A Summary of the Consulting Engineers onsulting Engineers
Liabilities Liabilities
Ci il L
Liabilities Liabilities
CivilLaw
Act
Public
The Consultant
Engineer
Duty of care to the public
Registrationof
EngineersAct
BEM Breach of registration/ethics
Street,Drainage
and Building Act
Local
Authorities
Breach of Regulations
andBuildingAct
Contract
Law
Client Fiduciary interest & duty of care to Client