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  • Essay / Professional Negligence Case Study - 1282

    1. PROFESSIONAL NEGLIGENCE CLAIMS AGAINST ENGINEERS, ARCHITECTS AND ENGINEERS Professional negligence claims can be involved against many professional professions such as doctors, lawyers and technical groups of people working as engineers, architects and quantity surveyors. The technical group is found in many industries in Malaysia, especially in the construction sector. Professional negligence litigation involves claims against the specifics of the professional discipline and may also arise from multiple disciplines. For example, in construction disputes, a technical group such as an engineer, architect and quantity surveyor may all be sued together. In other cases, a professional negligence claim may be an alternative to another charge such as the commercial negligence claim. For example, in many insurance disputes where insurers have refused to compensate a claimant, the insurance company and the insurance broker are likely to be sued in the first instance.2.1 Specific professional services and areas potential liability issuesIn the construction industry, the property owner or client, such as a ministry, department or agency, will retain all or a combination of these professionals, both to provide advice before enter into a construction contract and subsequently to supervise and administer the contract. The scope of work or advice generally relates to project initiation, preliminary study, design of works, practicability, preparation of tender drawing, cost estimates, type of standard contracts required . Thereafter, the professional group involved in the project will be required to obtain bids and prepare all necessary documentation for the purposes of ...... middle of document ...... on pricing matters. Therefore, quantity surveyors have understood that their important role in the project is to control construction costs and ensure that costs are reasonable. Although there are no formal qualification or registration requirements (as there are for architects), quantity surveyors are normally members of the association. Board of Quantity Surveyors Malaysia (BQSM), which has its own membership standards and requires its members to adhere to its own code of conduct. any estimate provided by the quantity surveyor, the client may have grounds to pursue a professional negligence claim against the quantity surveyor. This is due to their failure to comply with the standards of care established by the board of directors..