Buil01 - An Assessment Of Professional Negligence In Construction Industry

CHAPTER ONE

1.0                                                          INTRODUCTION

1.1       Background of the Study

Professionalism can be described as the professional standard that involves the skill, competence, or character expected of a member of a highly trained profession. It can also be defined as professional standards involving the exercising of body of unique, expert and knowledge. Professionals have always been linked with the notion of “service” so that a professional is described as a group (Idrus, 2002) of people organized to serve a body of specialized knowledge in the interests of society based on the perceived relationship. Professionals are those groups that undergo certain academic training and are qualified to offer professional advice to an intending client. There are lots of professionals noticeable in our environment. These are Accountants, Bankers, Architects, Lawyers, Engineers, Doctors, Farmers, and Quantity Surveyors to mention a few. However, the professionals in the construction industry are those professionals that undergo academic training and are qualified to offer advice in the field of construction (Nadeem, 2009). These professionals are: Architects, Land Surveyors, and Estate Surveyors and valuers, Engineers (mechanical, Electrical, Services, and Structural), Builders, Town and Regional planners and Quantity Surveyors (Oladapo, 2006).

In the other hand, negligence is referred to the imposition of liability in damages for harm caused by fault. The fault can either be as a result of; a breach of a legal duty to take care which results into damages undesirable by the defendant to the plaintiff or conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.  Or the failure to exercise that degree of cares that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care. Aje and Awodele (2006) mentioned that the primary aim of every profession is to serve the public. This commitment means that true professional places the public good before mere financial reward. Professional negligence can be defined as neglect of professional duty of care as to render the professional committing the act, error or omission of neglect, liable in law to a client or some third party who sustains loss by reason of that neglect.

Construction industry professional negligence claims are not for the fainthearted. Establishing negligence against one party will necessary involve a consideration of the potential scope foe liability in negligence of anyone else who may have been involved in the project. professionals negligence Is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and ability .Thus when a professional man holds himself qualified in a particular professional discipline in the construction industry, he thereby indicates that he is competent to render his services associated with such a professional to the required degree of skills and expertise. Hence the public has entitled to expect from him the usual degree of skill habitual to the average person practicing the said profession. Failure to meet his performance criteria which brings about any loss renders the professional, liable for breach of contract or negligence.

            Hence the need for the assessment of negligence by professional in the construction industry is needed. When proper assessment is done the cause of negligence would be identified and stated so that professional in the industry such as the builders, architect, quantity surveyors ,engineers would be able to identify various cause of negligence. This research work would also investigate the procedures used by develop countries in tackling negligence in their various construction industries and how these procedure can be integrated in the Nigerian construction industry. Further the penalties which develop countries assign to professional negligence and how the Nigerian construction industry regulators and stakeholders can integrate those system to improve our construction industry in general.

             This research work also would be able to identify the type of negligence contained  furthermore the various forms in which negligence occurs either through directed negligence from the professional or indirect negligence from staffs foremen, artisans working with the professional’s etc.

            In light of these this work would also help proffers solutions to these problem of professional negligence in the construction industry. The solutions and recommendations provided from this research work would assist both contractors, government agencies, stakeholders, construction regulators and manufacturers in reducing or mini zing all forms of negligence in the construction industry in Nigeria.

            Negligence is a very serious phenomenon in the construction industry.it has cause chaos ,conflict, loss of jobs, loss of capital ,withdraw of licenses and certificate etc. to various parties whom have been in or fall victims ti negligence in the industry either by professionals or otherwise. This therefore means that phenomenon negligence by professional needs more attentions by all stake holders in the construction industry.

1.2      Statement of the problem                                                              

The recent rise of collapse of building in the Nigerian construction industry.as governmental agencies investigate the causes of these events ,it has been found out that many contractors are careless in inspecting the quality of materials used in execution of projects in their care by high ranking staffs who are supposed to check the occurrence of such activities.

Negligence of professionals in the construction industry has also a negative effect on the quality performance of the constructed work or project.    Quality performance of a building structure cannot be overemphasized as it reduce breakdown of building components and also helps the building to withstand various load on the building. When  professional are negligent of the building become prone to wear and tear ,high ,maintenance cost and short life span.

During the design of a building project, negligence on the professional involve in the design can lead to wrong specification. When architect makes wrong specification and other professional’s also neglect to recheck or Perouse through the specifications it can have negative effect on the project and reputation of the professional and the firm he represents.

When the above incident occurs, the client who sponsors such project would definitely be disappointed and may even take actions against the client and the firm whom he represents. More damaging would be the negative impression that such occurrence would have on the firm’s reputation.

1.3       Research Questions

a.      What are the causes of professional negligence in construction industry?

b.      What are the effects of professional negligence in construction industry?

c.       How can professional negligence be minimized in construction industry?

1.4       Aim of the Study

            The aim of the study is to assess the effects of professional negligence in construction industry with a view to proffering means of minimizing it.

1.5       Objectives of the study

a.                   To identify the causes of professional negligence in the construction industry.

b.                  To assess the effect of professional negligence in the construction industry.

c.                   To investigate how professional negligence in construction industry can be minimized.

1.6       Significance of the study

This work will assist different firms in understanding the concept of professional negligence and the medium of avoiding it. More so government agency can benefit from this research to find way to tackle negligence in the industry and enact laws to prevent them. Each professional has a duty of skill and care. However, the process will necessarily involve the input of non-professionals such as building contractors, each of whom will have an important role to play in getting the building project from design to completion stage. Construction industry everywhere faces problem and challenges. These difficulties and challenges are present alongside a general situation of institutional weakness, professional rivalry among others. Many topic issues which have implications for the construction industry have, so far, only been discussed to a significant extent.

1.7       Scope and limitation of the study

            This research is based on assessment of professional negligence in the construction industry on the causes, effects and remedies within Oyo State Nigeria. It also aimed at reviewing the impact and the major concern of the stated topic. The limitation of the study will be due to time constraint, lack of financial assistant and means of collating data

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