Civil Law LAWE07026: Professional Practice Issues Analysis Report

This report delves into professional practice issues within the context of a 2km road construction project. The author, acting as an administrator, analyzes instances of bribery involving the supervising engineer and theft within the materials department. The report highlights the violation of ethical codes and legal frameworks, specifically referencing the Engineers Act 2011. Key issues discussed include contract agreements, safety regulations, and the consequences of malpractice. The author proposes solutions such as thorough investigations, restitution for damages, and disciplinary actions. The report concludes by emphasizing the importance of adhering to contract terms and public law to mitigate professional practice issues and ensure project integrity. References from various construction law and management resources are included to support the analysis.

Professional Practice Issues1
Professional Practice Issues
By [Name]
Course [Civil Law]
Professor’s Name
Institution
Location of Institution [Ireland]

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Contents
Introduction....................................................................................................................................3
Project involved and its analysis.....................................................................................................4
Role and contribution as an administrator......................................................................................4
Professional practice issues............................................................................................................4
Key issues.......................................................................................................................................5
Cause of action and solution options..............................................................................................6
Solutions to the professional practice issues...................................................................................7
Conclusion and experience gained..................................................................................................8

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Introduction
Professional practice issues are challenges affecting most people along their line of
profession. Professional practice issues in a construction project may be due to personal gain by
the contractor. For instance, taking bribes from contractors to gain favor from a given piece of
work is advantageous to both the contractor and the involved personnel. The person gets
personal gain while the contractor may save considerable sums of money in return. However, the
client suffers most in terms of cost when the project fails in any way.
A detailed discussion of two professional practice issues is done in this study. The
problems are addressed based on a 2km road construction project in which a Chinese
construction company served as a contractor with the Urban Roads Authority serving as the
client.
Project analysis.
I served as an administrator under the client in a road construction project. The project
was composed of contractors and the clients, each having their personnel to help in running the
project. The contractor's side performed the actual road construction process as per the road
construction manual. In contrast, the client's team supervised the whole construction process,
ensuring that the constructed road sections were as per the guidelines and met the road section
requirements (Adriaanse, 2016).
Role and contribution as an administrator
Project administration entailed coordination with different departments like the survey
and materials department to bid for processes relative to each department and maintaining track
of all project schedules hence complying with the timeframe for the work. It involved ensuring

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compliance with all construction regulations and supporting the contractor in the evaluation of
all contract documents (O'Sullivan et al., 2016).
Professional practice issues
There were, however, professional practice issues in the project whereby the engineer in
charge, the supervising practicing engineer, got involved in bribery cases by the contractor. The
engineer took bribes in terms of cash and allowed the contractor some of the road construction
specifications like reducing the thickness of a given road layer, thus saving on the cost that could
be spent in purchasing, transportation, and compaction of the material (Hughes et al., 2015). The
act was in contrast to the code of ethics and conduct specified in the Engineers Act 2011, section
43, item 6 no. (3) which states, "Engineers shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from contractors, their agents, or other parties in connection
with work for employers or clients for which they are responsible
."
The other professional malpractice was theft. The act was done majorly in the materials
department from which contractor's employees took the left-over cement and diesel fuel and sold
to nearby residing individuals. Following government law regarding the property, the act is a
crime punishable by the law. The code of practice and conduct for Engineers Act 2011 item 4(d),
on the other hand, states that “Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of interest” (Laws & Loeber, 2011).
The two coinciding laws prove that stringent action should be taken against an individual trying
to violate them.

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Key issues
The contract agreement had agreements binding the contractor and the client. Initially,
various contractors sent their bids for the award of this contract from which the company won.
To win the contract, the contractor must have met requirements laid down for its prize. They then
have to be bound by a contract document. The contract document has a set of terms that regulates
the operation of the two parties (Hughes et al., 2015). Clients, contractors, and their employees
are bound to specific rules and regulations in this contract document. The two parties have to
prove acceptance to guidelines and conditions within the contract document in writing, through
signatures. The terms might sometimes not be signed but have to be incorporated within the body
of the contract document, an indication that it is part of the contract (Furmston & Tolhurst,
2015).
The contract document specified that his contract was to be paid in three stages(miles).
Conditions regarding contractor employees to the line of duty stated that "The contractor shall be
responsible for initiating, maintaining, and supervising all safety precautions and programs in
connection with the work. S/he shall bear all risk of loss to the work, or materials or equipment
for the work due to fire, theft, vandalism, or other casualty or cause until the work is fully
completed and accepted by the Owner”. The acts in the site were of risk to the client if they went
unnoticed (Thomas & Wright, 2016).
Cause of action and solution options
Bribery or taking of bribes by the supervising engineer to favor the contractor leads to
minor mistakes that eventually interfere with the entire project. Failure to meet the specified road
section thickness may result in the construction of roads that are prone to flooding when rains

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occur. The way itself may not stay up to its design life provided in the design. The result is,
questions may arise from the government regarding the road leading to loss of job by the client
(Evetts, 2014). Therefore, possible solutions are provided below to eliminate such issues.
Theft is a burden to the client, s/he accounts for costs that were never incurred in the
project but used for the benefit of a specific individual.
Solutions to the professional practice issues
Offenses like those mentioned above should be minimized/eliminated from any
construction work as they cause risk to the victim himself/herself, client, and sometimes may
lead to withdrawal from the contract. As a way of rectifying these professional practice issues
discussed, the victims should be stopped from work for some time to investigate the depth of the
offense with regards to the project (Gherardi, 2019). A thorough investigation of the time range
within which these operations have taken place.
Quantity of diesel fuel withdrawn from the can be estimated based on the number of days
the victim was involved and the amount taken per day. The number of cement bags stolen can be
obtained, the cost of each bag and the total cost of all stolen bags calculated. The victim then
pays all these costs before resuming duty. An individual with the offense of taking bribes returns
all money, and the contractor should redo the work (Thomas & Wright, 2016).
The victim should be expelled from work as contractor relation to Engineers is well
explained in the Engineers Act 2011. After the expulsion, the engineer is deregistered as an
Engineer. A victim found in such offense for the first time can be warned, giving him/her a
chance to change on the behavior. Warning, however, may depend on the magnitude of the
offense committed.

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Conclusion and experience gained
Professional practice is a common phenomenon in projects since not all persons are prone to
behaving as per the guidelines provided. The issues are typically addressed in the contract with
the parties involved proving in one way or the other that they will abide by the directions in the
agreement. The addressed issues allow for action to be taken against any person found to violate
them. It's, therefore, necessary to abide by the terms and conditions provided in the contract and
even the public law.
References
Adriaanse, M. J., 2016. Construction contract law. s.l. Macmillan International Higher
Education.
Channon, M. R., 2017. Validity and Effect of Exclusion Clauses Against Third Parties in Motor
Insurance.
Evetts, J., 2014. The concept of professionalism: Professional work, professional practice, and
learning in: international handbook of research in vocational and practice-based
education. S .l.: Springer, pp. 29--56.
Furmston, M. & Tolhurst, G., 2015. Privity of Contract. S .l.: Oxford University Press.
Gherardi, S., 2019. How to conduct a practice-based study: Problems and methods. S .l.: Edward
Elgar Publishing.

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Hughes, W., Champion, R. & Murdoch, J., 2015. Construction contracts: law and management.
S .l.: Routledge.
Hughes, W., Champion, R. & Murdoch, J., 2015. Construction contracts: law and management.
S .l.: Routledge.
Laws, D. & Loeber, A., 2011. Sustainable development and professional practice. In:
Proceedings of the Institution of Civil Engineers-Engineering Sustainability. S .l.:
Thomas Telford Ltd, pp. 25--33.
O'Sullivan, E., Rassel, G., Maureen, B. & Taliaferro, J. D., 2016. Research methods for public
administrators. s.l.:Taylor \& Francis.
Thomas, R. W. & Wright, M., 2016. Construction contract claims. S .l.: Macmillan International
Higher Education.