A complaint was made to the Institution arising out of the appointment of a member to provide structural engineering services for an extension of the basement of a property. Taking all matters into account the PCC found that the member failed to provide any terms of engagement or contract for the work they were to undertake; was not adequately qualified to undertake the basement project; and, failed to respond to the checking engineer’s requests made to them. The PCC found further that the member failed to deal properly or at all with associated Party Wall matters, and, failed to provide evidence of their Professional Indemnity Insurance cover upon their client’s request, instead providing a copy of their public liability insurance.
The PCC, taking into consideration its findings above, decided that the member failed to comply with Articles 1, 3, 5 and 6 of the Code of Conduct.
The PCC issued a Training Order to the member, pursuant to Regulation 4.2.2.1(3), in the following terms:
The PCC requires [member] to undertake specific training, within 12 months of the date of this decision, in the area of:
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Understanding the Party Wall Act and appointment.
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Drafting terms of professional work;
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Effective and timely communications for engineers;
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Understanding the difference between types of insurance relevant to structural engineers.
The PCC directed the member to provide the following Undertaking pursuant to Regulation 4.2.2.1(4) in the following terms:
I, [member], will in accordance with Guidance Note 2.1.2, prior to accepting a commission to provide professional services, ensure that appropriate professional indemnity insurance is carried, and if appropriate professional indemnity insurance is not carried, I will inform my client accordingly.
The PCC issued a Warning to the member pursuant to Regulation 4.2.2.1(5) in the following terms:
The member’s professional conduct as a Graduate Member of the Institution Structural Engineer has resulted in a decision by the PCC that there has been a failure by [member] to comply with Articles 1, 3, 5 and 6 of the Code of Conduct and that any complaint against [member] which comes before the PCC in the future, resulting from conduct similar to that which gave rise to this complaint, is likely to be dealt with more severely.