To assess the extent to which the professional ethics of clients’ contract administrators / quantity surveyors are compromised due to the pressures exerted on them when assessing and ascertaining claims

Ghiglieri, Edward (2016) To assess the extent to which the professional ethics of clients’ contract administrators / quantity surveyors are compromised due to the pressures exerted on them when assessing and ascertaining claims. BSc dissertation, University of Portsmouth.

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    Abstract

    Sir Michael Latham concluded in ‘Constructing the Team’, CC are an inevitable feature of the construction industry, and perfectly legitimate, provided the claim represents a genuine loss incurred as a result of an event that the claimant was not responsible for. Although the CA works for and on behalf of the employer, when certifying or giving an assessment/decision they are contractually obliged to act impartially without showing favour to any one side. This contractual framework is pertinent to a CA/QS when adjured with assessing the merits of the claim and ascertaining its value. The study aims to focus on examining the quasi-judicial role of a client’s CA and whether they are unduly influenced with respect to assessing and ascertaining CC, thereby compromising their professional ethics.
    The research aim is ‘To assess the quasi-judicial role that a clients’ CA/QS performs; the extent to which their professional ethics are compromised due to the pressures exerted on them when assessing and ascertaining claims’. To meet this aim the investigator will seek to answer the following objectives:
    1) Review the principles and application of the RICS’ Ethics and Professional Standards and whether the disciplinary procedure for breaching said ethics and standards is readily used by professionals.
    2) Investigate whether the disciplinary procedure for breaching the ethics and professional standards of industry professional bodies; such as the RICS, acts as a sufficient deterrent.
    3) Examine the typical terms of engagement of a CA/QS by analysing typical standard forms of engagement published by professional bodies of CA/QS.
    4) Examine the pressures employers encounter that may influence a client’s CA/QS decision when assessing and ascertaining claims.
    5) Examine if in practice the quasi-judicial role of a Client’s CA/QS is truly impartial when assessing and ascertaining claims.
    The selected methodology of this project utilises data from primary and secondary sources to investigate the aims and objectives of this project. Primary data used in the study consists of interviews and questionnaires, whilst secondary data used will be an extensive literaturereview and analysing cases from the Technology and Construction Court.
    The majority of the evidence presented in this study demonstrates that the role of a client’sCA/QS and the process of AA CC is considerably flawed; the findings also suggest that theconstruction industry is plagued with unethical practices on both the contracting and clients sides. This research aims to raise awareness about the pressures that, client’s CA/QS encounter and how this may influence their decisions.

    Item Type: Dissertation
    Departments/Research Groups: Faculty of Technology > School of Civil Engineering and Surveying
    Depositing User: Beth Atkins
    Date Deposited: 05 Sep 2016 11:18
    Last Modified: 05 Sep 2016 11:18
    URI: http://eprints.port.ac.uk/id/eprint/21718

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