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Task 4
Detail the legal and ethical responsibilities of the Quantity Surveyor and explain the
concept of the professional negligence, with examples

Introduction
ProIessionals (e.g., attorneys, physicians, engineers, scientists, proIessors) have personal
ethical obligations, in addition to a duty oI loyalty to their employer or client. Sometimes
these personal ethical obligations collide with the desires oI the employee's manager or
employer
egal basis for ethical duty
consistent rule is that public policy is a matter oI law (i.e., Ior the judge to decide), not a
question oI Iact (i.e., Ior the jury to decide One early case, which pre-dates state whistle-
blower statutes, involved a physician who reIused to work on a new drug project, because she
believed that a saIer drug could soon be developed. Her personal interpretation oI the
Hippocratic Oath was the basis Ior her reIusal. She lost her case, but the New Jersey Supreme
Court did say in dictum:

Employees who are proIessionals owe a special duty to abide not only by Iederal and state
law, but also by the recognized codes oI ethics oI their proIessions. That duty may oblige
them to decline to perIorm acts required by their employers.


QUANTITY SURVEYORS AND PROFISIONA ETHICS
Introduction
The quantity surveyor relates to people at all levels, whether they are developers, architects,
engineers, land surveyors, lawyers and accountants or contractors, sub-contractors, emerging
contractors and general workers. Code Ior Quantity Surveyors reIlects the ethics and culture
oI the proIession and the spirit oI the law governing it. It identiIies the key principles and
values that should guide day to day practice and emphasizes the core values that are to be
honoured.The Code sets out the minimum standard oI proIessional conduct and practice to be
expected oI Quantity Surveyors in the provision oI services. It requires oI them not only
recognition oI their responsibilities to their clients but also their responsibilities to the public
and Iellow proIessionals.
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dherence to the Code demonstrates an ongoing commitment to ethical business practices as

well as proIessional integrity and honesty and the provision oI eIIicient and eIIective
services. Quantity Surveyors subscribing to this Code also demonstrate a commitment
To ensuring that public conIidence in the proIession is maintained at a high level. This Code
is binding on all Registered Quantity Surveyors.
Statutory Duty
Quantity Surveyors are obliged to be aware oI their legal obligations, and to ensure that they
and their employees comply Iully with these obligations and all Iuture relevant legislation.

The Public Interest
Quantity Surveyors should recognize and accept that they have a responsibility to the public
and should at all times, in the conduct oI their proIessional business, act in a manner which
aIIirms this. They should endeavor, in the conduct oI their business, to ensure that public
conIidence in the integrity, probity and honesty oI the proIession is maintained by adhering to
the highest standards oI ethical behavior.

Ethical Conduct
Quantity Surveyors should, in the conduct oI their business, uphold at all times the standards
set out in this Code and should conduct themselves in accordance with the standards oI
conduct expected oI Quantity Surveyors in their practice. They should, in their day to day
practices, adhere to an ethical standard oI business practice and behave with independence,
integrity, and Iairness towards the public, their clients and Iellow proIessionals.

Professional Conduct
Quantity Surveyors should, in the conduct oI their business, act in a manner consistent with
the good reputation oI the proIession and reIrain Irom any conduct which might discredit it.
For the avoidance oI doubt, the latter conduct does not include:- normal competitive
commercial activity, or advertising not prohibited. Quantity Surveyor shall not take over
the work oI another Quantity Surveyor without communicating to that Quantity Surveyor that
they have taken over such work. Where a client transIers Irom one Quantity Surveyor to
another, the second Quantity Surveyor shall inIorm the client that he may be liable to Iees Ior
both. Quantity Surveyors should, at all times, act objectively, with honesty and Iree oI any
conIlict oI interest and not allow their actions or advice to be unduly inIluenced by others.

Professional Development
Quantity Surveyors have an on-going duty to maintain proIessional knowledge and skill at a
level which ensures that they deliver an eIIicient and eIIective service to the highest standard.

Advertising
Quantity Surveyors should not publish or cause to be published any material or
advertisements that are Ialse, misleading or dishonest. ny advertising material mistake
notice oI advertising codes as well as consumer legislation.

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Client Accounts
Quantity Surveyors who receive money other than Iees in relation to the provision oI
Quantity Surveying services shall open and operate appropriate Client ccounts. The rules
Ior operating such accounts shall be as Iollows: ll client money shall be kept in an account,
or accounts, separate Irom any Personal, oIIice or business account. Quantity Surveyors shall
provide the client with notice oI the lodgment oI money to the client account and, on
reasonable request, shall inIorm the client oI the amount oI money held in his client ccount.
Quantity Surveyors shall maintain an up to date record oI client accounts Ior inspection by
the ProIessional Conduct Board. It will be the responsibility oI Quantity Surveyors to ensure
that records oI client accounts are audited on an annual basis. Such an audit report should be
retained Ior a period oI six years Irom the closing oI the client account. ll monies in client
accounts shall be clearly identiIiable. ll relevant money shall be lodged to client accounts
without unreasonable delay, and no later than Iive working days Irom receipt by the Quantity
Surveyor oI such money. Each client account shall be held in credit until it is closed.

Quantity surveyors
quantity surveyor (QS) or cost engineer is a proIessional person working within the
construction industry.
The proIession developed during the 19th century Irom the earlier "measurer", a specialist
tradesman (oIten a guild member), who prepared standardized schedules Ior a building
project in which all oI the construction materials, labour activities and the like were
quantiIied and against which competing builders could submit priced tenders. Because the
tenders were each based on the same schedule oI inIormation, they would be easily compared
to Iind the most suitable candidate.
The proIessional institution with which most English-speaking quantity surveyors are
aIIiliated is the UK based Royal Institution oI Chartered Surveyors (RICS) Quantity
Surveyors International (QS) and Institution oI Civil Engineering Surveyors (ICES).
The main distinction amongst QSs is between:
1. Those who carry out work on behalI oI a client organization: oIten known as a
"proIessional quantity surveyor", "proIessional QS" or "PQS".
2. Those who work Ior construction companies: oIten known as a "main contractor's
quantity surveyor.
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Consultant quantity surveyor

The Iunctions oI a consultant quantity surveyor (traditionally reIerred to as a proIessional
quantity surveyor or PQS) are broadly concerned with the control oI the cost on construction
projects. The methods employed, however, cover a range oI activities which may include cost
planning, value engineering, Ieasibility studies, cost beneIit analysis, liIecycle costing,
valuation, and cost estimation. Some senior quantity surveyors are known as construction
economists, cost engineers or commercial managers. The Iield oI cost engineering is closely
related to quantity surveying.
Quantity surveyors control construction costs by accurate measurement oI the work required,
the application oI expert knowledge oI costs and prices oI work, labour, materials and plant
required, an understanding oI the implications oI design decisions at an early stage to ensure
that good value is obtained Ior the money to be expended.
The technique oI measuring quantities Irom drawings, sketches and speciIications prepared
by designers, principally architects and engineers, in order to prepare tender/contract
documents, is known in the industry as taking oII. The quantities oI work taken oII typically
are used to prepare bills oI quantities, which usually are prepared in accordance with a
published standard method of measurement (SMM) as agreed to by the QS proIession and
representatives oI the construction industry. Many larger QS Iirms have their own in-house
methods oI measurement. and most bills oI quantities prepared today are in an abbreviated
Iormat Irom the one required by the SMM.
Contractor's quantity surveyor
contractor's QS is responsible Ior the perIormance oI operations that mirror those oI the
owner's QS; the measurement and pricing oI construction work, but speciIically that actually
perIormed by the contractor (and the contractor's subcontractors) as opposed to the
construction work described and measured in the construction contract between the owner
and the contractor. Such a diIIerence in quantity oI work may arise Irom changes required by
an owner, or by an architect or engineer on an owner's behalI. Typically, the settlement oI a
change (oIten reIerred to in a contract as a 'variation').
The role oI a contractors QS will extend Iurther than the day to day running oI building
projects and will cover such other areas as sub-contract Iormation, Iorecasting oI costs and
values oI the project, cash Ilow Iorecasts and the collation oI the operation and maintenance
manuals oI the project. This increase in the capacity oI the surveying proIession has led to an
increased demand Ior qualiIied personnel.
Some contractors and others may attempt to rely on a general accountant to deal with
construction costs, but usually this is not eIIective, primarily because an accountant does not
have the technical knowledge to accurately allocate costs to speciIic items oI work
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perIormed, especially at times prior to the particular work's completion as required to make
accurate assessment oI the amounts to be paid to the contractor during the course oI the work.
Role of the quantity surveyors
The Iunctions oI the Quantity Surveyor are broadly concerned with the control oI the cost on
construction projects. The methods employed, however, cover a range oI activities which
may include cost planning, value engineering, Ieasibility studies, cost beneIit analysis,
liIecycle costing, valuation, and cost estimation. Some senior quantity surveyors are known
as construction economists, cost engineers or construction managers.
Quantity surveyors control construction costs by accurate measurement oI the work required,
the application oI expert knowledge oI costs and prices oI work, labour, materials and plant
required, an understanding oI the implications oI design decisions at an early stage to ensure
that good value is obtained Ior the money to be expended.
The technique oI measuring quantities Irom drawings and speciIications prepared by
designers, principally architects and engineers, in order to prepare Tender/Contract
Documents, is known in the industry as taking oII. The quantities oI work taken oII typically
are used to prepare bills oI quantities, which usually are prepared in accordance with a
published standard method oI measurement as agreed to by the QS proIession and
representatives oI the construction industry.
Quantity Surveyors are employed to cost plan construction projects Ior property clients.
They aim to ensure that property clients receive value Ior money and that the project remains
within the agreed budget. Other services typically provided by Quantity Surveyors include:-
Preparation oI tender pricing documentation, dvice on the selection oI building contractors
Construction contract advice, Cash Ilow projections, the eIIects oI taxation and grant advice
in relation to buildings, Calculation oI payments due to contractors, agreeing Iinal accounts
Cost analysis and design economics oI buildings, Whole liIe costing oI buildings,
Procurement, Dispute, Resolution Project Management.
The role oI the QS is, in general terms, to manage and control costs within construction
projects and may involve the use oI a range oI management procedures and technical tools to
achieve this goal.
The RICS (2000a) states that 'Following this set oI values is one oI the key Ieatures that
deIine the proIessionalism oI all chartered and technical quantity surveyors. ll must base all
their actions and judgments on these core values: Such values` are laudable, but, given the
evidence already presented about the reality oI practice, as pirational: but they are not rule
based they rely on the judgment oI individual proIessionals and the interpretation oI their
Peers.
The RICS`s nine core values are
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1. Act with Integrity Never put your own gain above the welIare oI your client or others
to whom you have a proIessional responsibility. Respect their conIidentiality at all times
and always considers the wider interests oI society in your judgments.
2. Always be honest Be trustworthy in all that you do never deliberately mislead,
whether by withholding or distorting inIormation;
3. e open and transparent Share the Iull Iacts with your clients, making things as plain
and intelligible as possible.
4. e accountable Take Iull responsibility Ior your actions, and don`t blame others iI
things go wrong;
5. Act within your limitations Be aware oI the limits oI your competence and don`t be
tempted to work beyond these. Never commit to more than you can deliver.
6. e objective at all times Give clear and appropriate advice. Never let sentiment or your
own interests cloud your judgment.
7. Always treat others with respect Never discriminate against others.
8. Set a good example Remember both your public and private behavior could aIIect
9. our own, RICS` and other members` reputation;
10.Have the courage to make a stand Be prepared to act iI you suspect a risk to saIety or
malpractice oI any sort.

My concluding comments

I got this information from RICS. ecause i have a student membership in RICS. so
easily I was able to understand about professional ethics . By way oI the conclusion the
Iollowing points can be highlighted. Because I am a quantity surveying student. Future we
are going to work diIIerent places and meet diIIerent peoples. s a proIessional we should
know, how ethical responsibilities are importance Ior our job. Royal institute oI charted
surveyors (RICS) is a proIessional organization Ior the quantity surveying. It discusses how
that proIessional culture is inIormed by the inherent ethical experiences oI the individual, the
inIluence oI corporate governance on individual and corporate behavior, the market value
that can be placed upon the public evidence oI good behavior and the crucial role oI
proIessional associations in developing and being seen to ensure only the highest proIessional
standards. Individuals do not qualify into the profession entirely without ethical values,
which are derived in part from their personal background and their national culture.

Role oI the individual, the proIessional association and the employer organization in
developing an ethical behavior Ior quantity surveyors. ProIessional ethics must be viewed
Irom the point oI view oI the individual proIessional, who is required to make ethical
decisions; Irom the proIessional association which expects an ethical stance Irom its
membership, and seeks to regulate and beneIit Irom their ethical behavior; and oI the
employer organization which both inIluences and is inIluenced by the ethical principles oI its
proIessional employees. In all oI this, good` ethics has a potential commercial value within
the growing awareness oI corporate social responsibility.
Quantity surveyors have huge responsibility in their job. ThereIore on those who provide the
initial environment Ior aspiring quantity surveyors to ensure that they are explicitly exposed
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to (and thereIore appropriate proIessional behavior. Such an ethos is developed over time
and, it is reasonable to inIer, is inIluenced both by the Practice oI the employing
organizations and the proIessional (pre-employment education and Training) experience oI
the individual. By implication, this ethos is also developed by the ProIession, as represented
by proIessional education, pressures imposed and tactics employed by clients in their
relationships with proIessionals.
Good governance, inIormed by the commercial value oI corporate social responsibility
needs to encourage a commercial ethic which supports and encourages the proIessional ethic.
We conclude that ethical principles have a commercial value, or more importantly, the
absence oI ethical values has a commercial cost sometimes that cost can be devastating.
Given the intrinsic value oI the assets Ior which surveyors are responsible, the cost is
personal, commercial, proIessional and global. We cannot aIIord to be seen to be anything
other than an ethically responsible proIession and the achievement oI this goal begin with
proIessional education.
I conclude by discussing the vital importance oI proIessional education in both initiating
and developing proIessional ethical behavior. We then recommend that students should be
exposed to such behavior explicitly and not just implicitly. Further we suggest that such
explicit exposure is necessary iI the behavioral standards oI proIessional practice are to be,
and be seen to be, appropriate Ior a global quantity surveying proIession.




Professional Negligence
Introduction
What is proIessional negligence? Who, Ior that matter, is a 'construction proIessional' and
what are their obligations in contract and their obligations in tort? In what circumstances
might the diIIerence between the obligations be important? These questions are oI crucial
importance to contractors, architects, quantity surveyors, engineers, project managers, and
multi-disciplinary practices, and not simply to construction lawyers. It is brieI and simple,
and yet solidly authoritative. It should also be helpIul to lawyers and to students in
construction and in law. However, the emphasis in the book is on the practical aspects oI
proIessional negligence in the construction industry and it is not primarily intended to be a
'legal practitioner' work.
In strict legal analysis, negligence means more than heedless or careless conduct, whether in
omission or commission; it properly connotes the complex concept oI duty, breach and
damage thereby suIIered by the person to whom the duty was owing:
Professional Negligence
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Negligence is by Iar the most important oI torts, Ior several reasons. It Iorms the cause oI
action in the majority oI cases brought in tort: its scope is very wide: and it may also be an
element in liability Ior other torts such as nuisance. The term negligence is also Iound in the
context oI breach oI cont5ract, Ior example, where an architect is alleged to have carried out
negligence heard in the courts is that between two or more drivers involved in a road
accident. In such cases it is not inIrequent Ior all parties to be held to be negligent in some
degree.

Elements of liability
The plaintiII in an action Ior negligence must show three things: that the deIendant owed him
a duty oI care: that there was a breach oI that duty: and that recoverable damages were
thereby caused. Considering the Iirst oI these elements, it is necessary to decide whether in
the particular circumstances one person (the deIendant)
In tort
It was assumed until the 1970s that where a proIessional practitioner had contractual
relationship with a person alleging negligence against him, any claim had to be a claim Ior
breach oI contract only, the contract deIined the duty and there could b no liability in the tort
oI negligence. Thus approach was taken in Groom Vcrocker,
32
a case involving a claim
against a Iirm oI solicitors Ior damages Ior injured Ieeling and reputation. It was held that the
claim had to be in contract, not in tort. Scott l.j said:
solicitor, a s proIessional man, is employed by a client just as much as is doctor, or an
architect, or a stockbroker, and the mutual rights and duties oI the two are regulated entirely
by the contract oI employment.
33


In the English law oI tort, professional negligence is a subset oI the general rules on
negligence to cover the situation in which the deIendant has represented him or herselI as
having more than average skills and abilities. The usual rules rely on establishing that a duty
oI care is owed by the deIendant to the claimant, and that the deIendant is in breach oI that
duty. The standard test oI breach is whether the deIendant has matched the abilities oI a
reasonable person. But, by virtue oI the services they oIIer and supply, proIessional people
hold themselves out as having more than average abilities. This specialized set oI rules
determines the standards against which to measure the legal quality oI the services actually
delivered by those who claim to be among the best in their Iields oI expertise


Negligence - duty of care

BeIore 1932 there was no generalized duty oI care in negligence. The tort did exist and was
applied in particular situations where the courts had decided that a duty should be owed, e.g.,
road accidents, bailment or dangerous goods. In Donoghue v Stevenson 1932] AC 562,
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ord tkinattempted to lay down a general principle which would cover all the
circumstances where the courts had already held that there could be liability Ior negligence.
He said:'The rule that you are to love your neighbor becomes in law, you must not injure
your neighbor; and the lawyer`s question, Who is my neighbor receives a restricted reply.
They must take reasonable care to avoid acts or omissions which you can reasonably Ioresee
would be likely to injure your neighbor. Who, then, in law is my neighbor. The answer seems
to be persons who are so closely and directly aIIected by my act that I ought reasonably to
have them in contemplation as being so aIIected when I am directing my mind to the acts or
omissions which are called in question.This test has been criticised as being too wide but it
made it easier Ior lawyers to argue that there should be liability Ior negligently causing harm
in new situations, not previously covered by case law. In 1970, ord Reid said that ord
tkin`s dictum ought to apply unless there was some justiIicationor valid explanation Ior its
exclusion (Home OIIice v Dorset acht Co |1970|C 1004).In Anns v Merton LBC |1977|
2 ll ER 492, the House oI ords conIirmed this. ord WilberIorce stated that:'in order to
establish that a duty oI care arises in a particular situation, it is not necessary to bring the
Iacts oI that situation within those oI previous situations in which a duty oI care has been held
to exist. Rather the question has to be approached in two stages. First one has to ask whether,
as between the alleged wrongdoer and the person who has suIIered damage there is suIIicient
relationship oI proximity or neighborhood such that, in the reasonable contemplation oI the
Iormer, carelessness on his part may be likely to cause damage to the latter in which case a
primaIacie duty oI care arises. Secondly, iI the Iirst question is answered aIIirmatively, it is
necessary to consider whether there are any considerations which ought to negative, or to
reduce or limit the scope oI the duty or the class oI person to whom it is owed or the damages
to which a breach oI it may give rise.The appellate courts began applying this test but the
House oI ords then began retreating Irom the implications oI the WilberIorce test.

Negligence - causation and remoteness
amb v Camden C 1981] 2 All ER 408In 1972 the plaintiff let her house while she
was away in merica. In 1973,while replacing a sewer pipe in the road outside the plaintiII`s
house, contractors employed by the local council breached a water main causing the
Ioundations oI the house to be undermined and the house to subside. The house became
unsaIe, the tenant moved out, and the plaintiII moved her Iurniture into storage. The house
was then leIt unoccupied to await repair. In1974 squatters moved in but were evicted and the
house was boarded up. In1975 squatters again moved in and caused substantial damage to the
interior oI the house beIore being evicted. The oIIicial reIeree held that, although squatting
was at the time a reasonably Ioreseeable risk, it was not likely to occur in the locality oI the
plaintiII`s house and was thereIore too remote Ior the plaintiII to be able to recover damages.
The Court oI ppeal held, per ord Denning MR: The range and limits oI liability Ior
negligence or nuisance were to be determined as a matter oI judicial policy, and, applying
that approach, the Iact that the plaintiII rather than the council was responsible Ior keeping
the squatters out and evicting them when they got in meant that the council was not liable Ior
the damage, which in any event was damage against which the plaintiII herselI shouldhave
taken precautions.
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Negligent misstatement
iability Ior statements has developed, historically, along diIIerent lines Irom liability Ior
nets or omissions. The leading case is Medley Byrne v. Heller (1963), where a bank gave
a gratuitous reIerence Ior a customer in respect oI a company with whom they, proposed to
do business. The reIerence was Iavorable but was given "without responsibility." The
reIerence was given negligently, and the customer lost money. The House oI ords
held that the bank owed a duty oI care and would have been liable, but was protected
by the express disclaimer oI responsibility. In giving judgment, the House considered
the circumstances in which liability might arise Ior statements. ord Devlin, expressed
the matter thus:
"Wherever there is a relationship equivalent to contract, there is a duty oI care. Such a
relationship may be either general or particular. Examples oI a general relationship are those oI
solicitor and client and oI banker and customer. . . . Where, as in the present case, what is
relied on is a particular relationship created ad hoc, it will be necessary to examine the particular
Iacts to see whether there.is an express or implied undertaking oI responsibility."
Thus, persons such as engineers and architects must be on their guard when making
statements to their clients, even concerning matters in which they are not directly
instructed. nd a duty oI care may equally arise when giving gratuitous advice to
strangers iI the circumstances are such that there is an implied undertaking oI
responsibility.
This branch oI the law was Iurther developed in the case oI Esso Petroleum v.
Mardon (1976). The deIendant had taken a lease oI a garage aIter representations were
made by the plaintiIIs as to the likely throughput oI petrol. Their Iigures were based on
the original design Ior the garage, but planning permission was reIused and the garage
was in Iact built Ironting away Irom the
main road. In the result, the volume oI trade was considerably-reduced and the
deIendant lost money. The question arose whether the plaintiII's statements could be
relied on when they were Iollowed by
a
contract. ord Denning held that the deIendant
was entitled to succeed in his counterclaim:
"II a man who has or proIesses to have special knowledge or skill makes a representation by
virtue thereoI to another (be it advice, inIormation or opinion) with the intention oI inducing
him to enter into a contract with him, he is under a duty to use reasonable care !o see that the
representation is correct, and that the advice, inIormation or opinion is reliable. II he
negligently gives unsound advice or misleading inIormation or expresses any erroneous opin-
ion, and thereby induces the other side to enter into a contract with him, he is liable in damages.
'in both oI these cases, the deIendant had made a relatively simple statement upon
which the plaintiII had relied, in the second case the statement being Iollowed by a
contract. .What is less clear, is the precise ambit oI this principle. BeIore the recent
developments in the law oI tort this question was oI limited importance, but since the
retrenchment elsewhere, the Hedley Byrne principle may be the only avenue by which
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pure economic loss can be recovered in tort. It is thereIore to be anticipated that there will
be Iurther attempts to bring cases within this principle. In l.B.. v. E.M.I. (see page
187)" the designing sub-contractor responded to a request Irom the employer concerning
the perIormance oI the television mast, stating "we are we satisIied that t he structure
will not oscillat e dangerously." The Court oI ppeal treated this as contractually
binding, but the. House oI - ords regarded it 'as Ialling within the principles oI Hedley
Byrne. It is indeed diIIicult to see any logical dividing line between the provision oI a
design, upon which the building owner will invariably place reliance, and the simple
provision oI inIormation, particularly iI
a
statement that "our design is adequate" is
regarded as suIIicient.
Conclusions
Even though the general objective standard oI care cannot come down, it can be raised where
the individual deIendant has expressly or impliedly represented skills and abilities in excess
oI the ordinary person. It is an unIortunate Iact oI liIe that some proIessionals prove to be
negligent because even those with the most experience can make a mistake. The
consequences to their clients can be disastrous. Thus, proIessionals providing services in a
wide range oI situations, Irom surveyors and estate agents to doctors, solicitors, accountants,
Iinancial services providers, InIormation Technology proIessionals, patent agents, etc., will
be judged by the standards oI those claiming to have that same set oI skills and abilities. This
is the basis oI the Bolam Test Ior medical negligence derived Irom Bolam v Friern Hospital
(1957) 1 WR 583. This test is not signiIicantly diIIerent Irom the test used in any other
proIessional negligence litigation, but it causes greater diIIiculty Ior the courts than would a
claim against, say, a lawyer or an accountant, because oI the technical issues involved. In
addition, Hedley Byrne & Co. td. v Heller & Partners td. (1964) C 465 created the rule
oI "reasonable reliance" by the claimant on the skills oI the deIendant.
"Where a person is so placed that others could reasonably rely upon his judgment or his skill
or upon his ability to make careIul inquiry, and a person takes it upon himselI to give
inIormation or advice to, or allows his inIormation or advice to be passed on to, another
person who, as he knows or should know, will place reliance upon it, then a duty oI care will
arise."
Cases oI proIessional liability blur the distinction between acts and statements, e.g. a medical
specialist prepares a report Ior personal injury litigation, which can be characterized as a
statement, but it must be based on the prior acts oI carrying out a review oI the medical
records and perIorming a physical examination oI the client. ctions nominally based on
Hedley Byrne by deIinition include negligent acts or omissions, even though the ratio decided
oI Hedley Byrne was cast in terms oI liability Ior statements. In Caparo Industries plc. v
Dickman (1990) 2 C 605 the criteria Ior a duty oI care in giving advice were stated in more
restricted terms:"What can be deduced Irom the Hedley Byrne case, thereIore, is that the
necessary relationship between the maker oI a statement or giver oI advice (the adviser) and
the recipient who acts in reliance on it (the advisee) may typically be held to exist where (1)
the advice is required Ior a purpose,
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whether particularly speciIied or generally described, which is made known, either actually or
inIerentially, to the adviser at the time when the advice is given, (2) the adviser knows, either
actually or inIerentially, that his advice will be communicated to the advisee, either
speciIically or as a member oI an ascertainable class, in order that it should be used by the
advisee Ior that purpose, (3) it is known, either actually or inIerentially, that the advice so
communicated is likely to be acted on by the advisee Ior that purpose without independent
inquiry and (4) it is so acted on by the advisee to his detriment."












Final Conclusion
This chapter is aimed at providing a conclusion to this report, together with some Iinal
comments and remarks` was able to conduct myselI in a proIessional manner. From the
assignment it is understood that a large area is covered. Construction law is neither a legal
term oI art nor a technical one. It is used to cover the whole Iield oI law which, in one way or
another. aIIects the construction industries. Many individuals in the construction industry will
at some time in their careers become proIessionally involved in litigation or arbitration.
I could get more knowledge about how to overcome the problem Irom that discussion in
legal ways. Because it has given a great opportunity to gather a lot oI inIormation about
building construction. Finally I am happy about my training. I got the experience as much as
possible, and I have no Iear to Iace the challenges. This assignment work is supported to
improve my proIessional skills too.
Law Contractua| rocedures
BTEC BNB in Quantity Suiveying Page

This assignment is very useIul Ior quantity surveying students because quantity surveyor
act Ior the legal advisor in the construction industry it is one oI the major roles oI the
quantity surveyor. ThereIore law subjected is very important and this assignment also
very useIul. In this assignment in task 01is clearly describe a knowledge oI the nature
and signiIicance oI law and legislation as applied to the construction process.
Task 01 is clearly described based on cases it is easily can understood. nd task to be given
identiIy mechanism to administer and resolve disputes during the construction. nd task 04
is clearly describing the quantity surveyors responsibility.








Reference
1. H:\laaaaaammma\2. Property and Priority Deeds.htm
2. http://www.bartwest.com/rchives.html
3. Http://www.lawteacher.net/land-law/
4. Ivor. Seeley, H. (1993) Civil engineering quantities. 1
st
ed., Macmillan press ltd.pages
2-189
5. Jack Ramus & Simon Birchall, Contract practice Ior Surveyors, Third edition, British
ibrary Cataloguing in Publication Data, Pages 311 - 320
6. John UII, Construction law, IiIth edition, BJ Enterprises imited, 1991, pages- 335-
338,177-197,106.
7. John uII.( 1991 ) Construction laws. 5
th
ed., law bbo company Sydney pages.2-96.
8. Keith Manson, aw Ior building practitioners,1
st
edition, B.T.BatsIord
td,ondon,1994, pages 22,23.
9. M ichael James. F. (1994) Construction law. 5
th
ed., Macmillan press ltd.pages 22-
191
10.Stephanie Owen ,aw Ior the construction industry ,2
nd
edition British ibrary
Cataloguing Publication data,1997 , ,Pages 47-71 241-243 ,245-247



Law Contractua| rocedures
BTEC BNB in Quantity Suiveying Page