Report of the Professional Conduct Committee 29 November 2023

Author: Rui Carvalho Pais, Professional Conduct Manager

Date published

1 February 2024

The Institution of Structural Engineers The Institution of Structural Engineers
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Report of the Professional Conduct Committee 29 November 2023

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Author

Rui Carvalho Pais, Professional Conduct Manager

Date published

1 February 2024

Author

Rui Carvalho Pais, Professional Conduct Manager

The PCC reports on the outcome of two complaints.

In accordance with Procedural Rule 2.31 (01/22/V4REG4_2) the following summary of a decision of the Professional Conduct Committee (PCC) is published without the Member's name.


A complaint was made to the Institution arising out of the appointment of a Graduate Member to provide structural engineering services for a loft conversion.

Taking all matters into account, the PCC found that the member’s WhatsApp messages were wholly inappropriate as a means of setting the terms of appointment with th member's client, and, that the resulting lack of clarity directly contributed to the client’s misunderstandings.

The PCC also found that the member failed to respond to numerous requests in a reasonable timeframe or at all, when asked for updates on the progress of the revised drawing.

The PCC, taking into consideration its findings, found that the Member was unfair to his client and, in doing so, breached Articles 1 and 3 of the Code of Conduct.  

The PCC issued a Training Order pursuant to Regulation 4.2.2.1(3) which required the Member to undertake specific training, within 6 months, in the area of in the area of Dealing with Domestic Clients and in particular, the writing of clear and unambiguous letters of appointment.

The PCC also issued Guidance to the Member, pursuant to Regulation 4.2.2.1(1), in the following terms:

  • Members should take all reasonable steps to understand and define the brief with the client. This should be provided in writing prior to the commencement of services, providing a clear and shared understanding of the services included and, importantly, any limitations to that service.
  • The terms of appointment should be agreed in writing before any work is commenced, or where emergency action/involvement is required, as soon as reasonably practicable. The urgency with which work is required does not normally override the need for written clarification of the brief.

 

________________________________________________


 

In accordance with Procedural Rule 2.31 (01/22/V4REG4_2) the following summary of a decision of the Professional Conduct Committee (PCC) is published without the Member's name.


A complaint was made to the Institution arising out of the appointment of a Member to investigate the causes of cracks discovered at the client’s property in advance of an intended sale of the property. 

Taking all matters into account, and notwithstanding that the client agreed that a full report was not required, the PCC found that,the member’s lack of any follow-up in writing after the member's site-visit and investigation, was unfair to the client and exacerbated his client’s disappointment in relation to the service received, even in the circumstances where a client requests for no formal report to be produced.

The PCC also found that during the site visit, the member advised his client to not inform the client’s insurers, family and neighbours about the cracks and the potential of a subsidence issue.  This advice was unprofessional and lacked integrity. 

The PCC, taking into consideration its findings, found that the Member breached Articles 1 and 3 of the Code of Conduct.  

The PCC issued a Warning, pursuant to Regulation 4.2.2.1(5), and Guidance, pursuant to Regulation 4.2.2.1(1), in the following terms:

  • Members should take all reasonable steps to understand and define the brief with the client. This should be provided to the client in writing, thereby providing a clear and shared understanding of what to be expect and of any limitations to the service, prior to the commencement of services.

  • Operating with integrity and fairness engenders respect from clients and other professionals and provides a platform for open communication and effective professional relationships.The advice given, either verbally or in writing must be fair, honest, and trustworthy, in order to provide a safe and effective service for clients and their agents.​

  • Where advice is provided verbally by a member that has risk of being misinterpreted or misunderstood by the clients appointing them, it is the recommendation of this Institution to follow up such advice in writing by providing at least a short summary of their opinions, whether provision for a report is required of their services, or not. This is of particular importance where verbal advice has been provided as part of agreed professional services that may be contentious, as appears to be the situation in this case.

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