1. PROFESSIONAL NEGLIGENCE CLAIMS AGAINST ENGINEERS, ARCHITECTS AND QUANTITY SURVEYORS
Professional negligence litigation can be involved against many professional professions such as medical officers, solicitors and technical group of people works as engineers, architects and quantity surveyors. The technical group can be found in many industries in Malaysia especially the construction industry. The professional negligence litigation involves claims against the specifics of discipline of professional and also can be from more than one discipline. For example, in construction disputes among the technical group such as an engineer, architect and quantity surveyor may all be sued together. In other cases, a professional negligence claim can be an alternative to another charge such as to the commercial claim. For instance, in mane insurance disputes where insurers have refused to indemnify a claimant, both the insurance company and insurance broker are likely to be sued in the first instances.
2.1 Specific Profession Services and Potential Area of Liability
In the construction industry, the owner of property or the client such as from ministry, department and agencies will retain all or a combination of these professional, both to provide advice before they enters into construction contract and thereafter to supervise and administer the contract. The scope of work or advice usually relates to the project initiation, preliminary study, design of works, the practicability, the preparation of tender drawing, cost estimates, the type of standard form contracts are necessary. Thereafter, the professional group who involved in the project will be required to secure tenders and to prepare all the necessary documentation for the purpose o...
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...on to pricing matters. Therefore, quantity surveyor has been understood that their important roles in project are to control building costs and to ensure that costs are reasonable.
Whilst there are no formal qualification or registration requirements (as there are for architects), quantity surveyors are normally members of the Board of Quantity Surveyors Malaysia (BQSM), which has its own membership standards and requires its members to adhere to its own code of conduct.
Quantity Surveyor Negligence:
If the project has run well over deadline or costs have snowballed beyond the expectations and outside of any estimates provided by quantity surveyor, it is possible that the client might have grounds for proceeding with a professional negligence claim against quantity surveyor. This due to due to their fail in follow standard of care which has been establish by board.
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
Upon further review of the evidence in the case, it was explained that Gordon fastened Cheyenne into the seat while she was asleep. This statement seems to eliminate any theory of infants negligence immediately since she was not the one to fasten the seat belt, in addition to her age barring recovery for infants negligence. When placing her into the vehicle he noted that the shoulder portion of the strap fell over her neck and head, allowing for a large amount of slack. Gordon’s direct statement indicates that he knew the seat belt was too large for Cheyenne, however he still placed her in the seat. It is unclear whether Gordon placed the strap behind Cheyenne’s back, or if some time during the ride Cheyenne placed the excess length of belt behind her own back. Since she
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
On Thursday, 11/12/2015, at 17:01 hours, I, Deputy Stacy Stark #1815 was dispatched to a domestic disturbance in progress located at 66 Paper Lane, Murphysboro, IL 62966. It was reported that a 15 year old female juvenile was busting out windows on her mother’s vehicle. Deputy Sergeant Ken Lindsey #2406 and Deputy John Huffman #2903 responded as well.
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
To conclude, I would advise Brad and Chardonnay to exercise their right to claim damages from the surveyor as they have a strong case, based upon the relevant cases, evidence and legislation explained within this essay.
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
...osal. Some contractors keep an engineering geologist or geotechnical engineer to help them in evaluating the GBR during their proposal preparation. Others only review the GBR well into the construction and then keep engineering geology or geotechnical engineering help when they want to track a DSC claim. Perhaps this has to do with the narrow period for preparing the bid. No matter what the reason, this latter approach is counterproductive and is not in keeping with the goal of the GBR. In a reasonably short time GBRs have become an established practice within the industry. Therefore, it is essential to make these reports as effective as possible. Logical baselines need to be included into the GBR. Stay away from unnecessary or redundant baselines. In addition, conservative baselines or efforts to place unnecessary risk on the contractor may not be successful.
Estimates form the basis of tender comparison, so it should be as accurate as possible, if deficient the award settlement becomes arduous (Odusami & Onukwube, 2008). Accurate cost estimate for projects are tremendously essential to both the clients and the contractor. It provides the basis for the contractor to submit the tender and allows the parties to highlight the final cost of the project at an early stage. Essentially it is used for planning the entire project and helps during the execution phase (Akintoye and Fitzgerald, 2000). It has been pointed out that the building cost of the project usually differs from the estimated final cost and this is due to the variations (Oberlender and Trost,
This paper explores what it takes to be a construction manager and the responsibilities of being a construction manager and the skills that a construction manager should have. It also explores what good construction managers do to have success on their construction projects and the steps that a construction manager must follow to end a project and meet their deadlines at the same
In general, there are different types of procurement type for various situations, due to no one method can be suitable under the all different construction project. In this case, there are four procurement paths, which are traditional, design and build, management and design and manage, which will be advised to use. However, each method has different advantages and disadvantages. First, traditional path is the tender documents have been prepared and then invite the tender and the employer appoints the contractor to construct the project. There are several advantages of this traditional route in the construction industry.
allow a remedy in a particular case as it would open the doors to many
Medical negligence happens when a medical assisstant or any medical staff fail to use the appropriate care,which can lead to a damage,injuy or even death of the person they have performed anything on.