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 of people organized to serve a body of specialized knowledge in the interests of society based on the perceived relationship. (Appelbaum and Lawton, 1990).
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.
These professionals are: Architects, Land Surveyors, Estate Surveyors and valuers, Engineers (mechanical, Electrical, and Structural), Builders, Town and Regional planners and Quantity Surveyors. In the other hand, negligence refers 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 A 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.
Brien (2008) 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. In a nut shell, Seely (1984) defined Professional negligence as such 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. Researcher defined Professional 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 out as 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 skill 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 bring about any loss renders the professional liable for breach of contract or Negligence. It must be carefully noted by every professional within the construction industry that in giving professional advice to the client, the professional man has a duty of care not only to the client but also to the third party who is likely reasonable to use that report, advice or design as the case may be. Therefore, it must be appreciated that negligent report or advice any of the construction professionals can give rise to liability.
According to (Ajanlekoko, 2004; NIQS, 2004; Ogunsemi, 2004) defined a quantity surveyor as the expert professionally trained and experienced in dealing with construction cost, construction management and construction communication (Babalola, 2006; Odeyinka, 2006; Ogunsemi, 2006; Oke, 2006). This he exhibit in various types of projects including building construction, civil and structural engineering, mechanical building and engineering services, petrochemicals, mineral extraction, cost and production engineering, environmental economics, planning and urban development, landscaping, interior design and all other relevant areas.
1.2 STATEMENT OF THE PROBLEM
There are sometimes misunderstanding and misinterpretation of the roles of some of the professionals in the management of Construction projects in Nigeria. This could be attributed to many factors. One of the factors is the lack of proper working knowledge on the part of majority of people as to the roles of each professional in the industry. As a result of this, qualified and appropriate professionals are often not engaged for the design of projects as well as for the execution process of the projects. More so, not until recent times there had been inadequate Building Regulations and laws to properly regulate the design and the construction phases of building projects including their control and inspection during site execution. The professions have always been linked with the notion of 'service'. Thus, a profession has been described as a group of people organized to serve a body of specialized knowledge in the interests of the society.
Similarly, the professions are occupations that both require advanced study and mastery of a specialized body of knowledge and undertake to promote, ensure or safeguard some matter that significantly affects others well-being. Its responsibilities have been variously described as including the satisfaction of an indispensable and beneficial social need and a goal of service to the public.
Negligence is the “failure to exercise that degree of care which, in the circumstances, the law requires for the protection of those interests of other persons which may be injuriously affected by the want of such care”. (Delbridge,2000). The main sources of professional negligence are design negligence, design defect, production defect or a combination of these factors. Negligence as it relates to the construction industry may be ambiguous, however, and the courts recognized this disparity and judge negligence in the construction industry on the basis of professional judgment rather than craft.
1.3 RESEARCH QUESTIONS
1. What constitute professional negligence in construction industry?
1. What are the causes of professional negligence in construction industry?
2. What are the effects of professional negligence in construction industry?
3. What are the possible ways to minimize professional negligence in construction industry?
1.4 AIM AND OBJECTIVES OF THE STUDY
The aim of the study is to assess professional negligence in construction industry
OBJECTIVEOF THE STUDY
1. To evaluate what constitute professional negligence for the core professionals in construction industry
2. To assess the causes of professional negligence in the construction industry.
3. To evaluate the effect of professional negligence in construction industry.
4. To proffer possible ways to minimize professional negligence in construction industry
1.5 SIGNIFICANCE OF THE STUDY
The significance of the study is to examine the causes, effects, as well as providing possible ways of preventing professional negligence in construction industry. Having gained an impressive economic growth during the last three decades in Nigeria, this study will help construction firms to identify newer and recent method of which each professional can be able to work in collaboration to the effective of reducing negligence and causes of dispute on site.
This research work also would be able to identify the types 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 proffer solutions to these problems of professional negligence in the construction industry. The solutions and recommendations provided from this research work would assist contractors, government agencies, stakeholders, construction regulators and manufacturers in reducing or minimizing all forms of negligence in the construction industry in Nigeria.
1.6 SCOPE AND LIMITATION OF THE STUDY
This research is based on assessment of professional negligence in the construction industry. This includes consultancy and contracting firm. It is aim at studying the constituent, causes and effects within Oyo State, Nigeria. It is also aimed at reviewing the impact and the major concern of the stated topic on the Architect, Quantity Surveyor and Engineers in Oyo State, Nigeria.
The limitation of this study will be restricted to time constraint, lack of financial assistant and means of collating data from various professionals in the construction industry or firm located in Oyo State, Nigeria.
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