Topic 7: Professional organisations;

A Professional Body is an organization with individual members practicing a profession or

occupation in which the organization maintains an oversight of the knowledge, skills, conduct and
practice of that profession or occupation.

In Kenya, there are governing boards and industry associations that are mandated to regulate the
market and monitor the conduct of players in the industry. These include Board of Registration
for Architects and Quantity Surveyors, Engineers Board of Kenya (EBK), Architectural
Association of Kenya (AAK) and the Institute of Quantity Surveyors of Kenya (IQSK). These
boards are established in order to execute the scheme and curriculum for professional education
and other activities of matters of continuous training for the registered persons and examinations
for those wishing to be registered

Board of Registration of Architects and Quantity Surveyors (BORAQS)

The Board was established in 1934 under Cap 525 Laws of Kenya. The Boards mandate is to
regulate the professions of Architecture and Quantity Surveying through training, registration
and enhancement of ethical practice. It is established in order to execute the scheme and
curriculum for professional education and other activities of matters of continuous training for
the registered persons and examinations for those wishing to be registered as provided for in
sec.10 of the Act16

The main Roles and Functions of the Board include:-

o Training and licensing

o Ensures continuous professional development

o Enhancement of ethical practice

o Upholding scale of fees

o Ensure observation of contract conditions

Engineers Board of Kenya

The Board’s mission is “To ensure production of competent engineers and quality engineering
services through regulation, capacity building and enforcing compliance with set engineering
standards for improved socio-economic development”.

The Mandate of the Board is derived from the core functions as set out in the Engineers Act, 2011.
The Mandate of EBK is:

a. Regulation of engineering professional services;

b. Setting of engineering standards;

c. Development of the general practice of engineering; and

d. Training and capacity development

e. Registration of engineers and engineering consulting firms;

Architectural Associations of Kenya (AAK)

The Association is registered under the Societies Act and brings together professionals from the
Private Sector, Public Sector and Academia.

It is Kenya’s leading Association for professionals in the built and natural environment in Kenya
incorporating Architects, Quantity Surveyors, Town Planners, Engineers, Landscape Architects
and Environmental Design Consultants and Construction Project Managers.

The Association also acts as a link between professionals and stakeholders in the construction
industry: Including policy makers, manufacturers, real estate developers, financial institutions, and
so on.

The Architects and Quantity Surveyor’s Act Cap 525 of the laws of Kenya. The act clearly outlines
that, one must undergo through a degree of not less than five years. Thereafter, work under a
registered architect for a minimum period of eighteen (18) months and sit for a professional exam
administered by the Board of Registration for Architects and Quantity Surveyors. Passing the exam
entitles one to a practice certificate and a registration number. The board also regulates the practice
by disciplining errant professionals.

Institute of Quantity Surveyors of Kenya (IQSK)

The Institute of Quantity Surveyors of Kenya (IQSK) is an organization specifically charged with
promoting and safeguarding the interests of the Kenyan Quantity Surveyor. The primary
objective of IQSK is to promote the advancement of the practice of Quantity Surveying and its
application in Kenya.
The Institute of Quantity Surveyors of Kenya (IQSK) was founded in 1994 as a non-political and
non-profit making organization whose primary objective is to promote the general advancement
of the practice of Quantity Surveying and its application in Kenya including facilitating the
exchange of information of the Institute and otherwise.

Functions of Professional Bodies

The following are the functions of a professional bodies:

1. Set and assess professional examinations. This is applicable to BORAQS and EBK which
are the only body mandated to set and offer professional examinations for Architects,
Quantity Surveyors and Engineers.
2. Provide support for continuing professional development (CPD). Indeed various thematic
seminars are normally organized by the professional bodies to ensure that the members can
enhance their skills through the CPDs done.
3. Publish professional journals or magazines. Both AAK and IQSK publishes periodical
journals and magazines whose content is issues pertaining to construction industry in
Kenya, regionally and globally as well as other current issues.
4. Provide networks for professionals to meet and discuss their field of expertise. During the
CPDs there is always meeting of various professionals who come together and that’s a
good environment for networking and indeed some professionals have gotten work from
such environment.
5. Issue a code of conduct to guide professional behavior. All professional bodies have got
rules and regulations to which their members must abide with in order to maintain their
membership.

Other functions are:-

6. Providing courses on specific areas of expertise;

7. Mandating and providing compulsory professional development;
8. Facilitating fellowship amongst members;
9. Lobbying to influence legislative and administrative processes;
10. Advancing the profession in the eyes of the community and other professions;
11. Registering practitioners;
12. Managing complaints against members;
13. Developing standards that form the basis of university courses;
14. Accrediting courses and monitoring their delivery by universities to ensure professional
standards are maintained;
Topic 8: Professional Ethics

Definition

Professional conduct is the field of regulation of members of professional bodies, either acting
under statutory or contractual powers. Historically, professional conduct was wholly undertaken
by the private professional bodies, the sole legal authority for which was of a contractual nature.

Introduction

Regardless of the rules of conduct as stipulated by BORAQS, IQSK or AAK all registered and
licensed Quantity Surveyors have a moral duty of care when dealing with clients and their affairs
and to exercise utmost honesty and integrity in all their dealings.

Clients should except that professionals will possess a reasonable measure of competence and skill
in their particular calling and will use the qualities for the benefit of the client.

Although times have changed and the professional has now to operate in a fierce commercial and
competitive climate, professional ethics must still be preserved.

Most professional bodies advocate for ethics to be taught as part of university degree courses which
would of benefit to the students, future clients and the profession at large.

In our industry, there is pressure on the fees charged but this cannot justify lowering of standards.
Professionalism is unquantifiable, hard to define but instinctive.

Lastly, one Reverend David Jenkins, former Bishop of Durham, recognized the wider remit of a
professional man/woman which often goes beyond the client’s brief and he wrote…a professional
man is one who in the judgment of his peers has proved himself competent in the exercise of the
work he has undertaken. He is one who is not limited in the performance of his duties by a timetable
or when he understands his work aright by the ability of those he serves to pay him. He does not
practice his skills as a mere technician, but as a human being, conscious of the fact that he is
dealing with human beings in the complexity of human situations….

Responses from Quantity Surveying Undergraduates

A survey was done to final year students in UK based QS students who had gone through external
attachment in private firms, contractors, subcontractors and county government and the following
were the findings:-

1. Loyalty was varied but majority placed their loyalty to those who employed them as
opposed to the client (sponsor of the project).
2. Most would accept a gift from a contractor and they thought it would not affect their
impartiality.
3. For those employed by contractor, they thought their primary function is to make profit to
the contractor and many would not be concern if their objectives disadvantaged the client.
4. They are more likely to believe that commercialism has precedence over ethical stance.
5. Majority of undergraduates believed that membership of a professional body would not
affect their ethical standard at work.
6. Some expressed awareness of professional conduct although their knowledge was vague.
\
The finding of this survey must be of concern to the profession and point to the need for the
inclusion of professional ethics and standards on quantity surveying courses.

Example of Professional Ethics, Standards and Conduct

There are various professional ethics cutting across the various professional bodies and they are
but not limited to:-

1. The member must discharge their professional duties to their client and to the wider public
interest in accordance to the objectives of the institution to which he/she is a member.

2. Members to perform their duties with honesty and integrity.

3. Ensure that there is no conflict between the interest of the member and that of the client or
the greater public good, the interest of the client shall prevail unless it’s at odds with the
greater public interest.

4. The member must not hide any relevant fact from the client of which he should be aware
and which could prevent the member from security appointment into the project by the
client.

5. A member must not advertise his professional services.

6. A member shall at all times act in an honorable manner towards his professional colleagues.

7. A member shall at all time is free from corruption.

8. A member’s advice shall at all-times be impartial to the best of their skills and
understanding.
9. A member must never place himself in a position where his duties are likely to create a
conflict with his professional interest.

10. A member shall at all times fully discharge his duties and shall not commit any act, which
will have the effect of avoiding or diminishing professional responsibility.

11. A member should not discriminate on the grounds of race, sex, creed, religion, disability
or age or any other basis and promote equality of opportunity within the profession.

12. A member in his professional capacity shall not accept other than for the benefit of the
client, any trade or commercial discount or commission from any trader providing goods
or services used in the building construction.

13. A member shall not make a public statement claiming an advantage or superiority over
other firms.

14. A member shall not publicize his services or allow them to be publicized in association
with any goods or services available from any other source in such a way as to raise doubts
as to the independence of his professional advice or give rise to a conflict of interest.

15. A member shall not represent the views of the institution unless expressly authorized to
do so.

16. A member shall not, without consent of the client, disclose personal information about the
client.

17. Promote the advancement of the quantity surveying profession.

18. Inform their clients or employers if an assignment requires qualifications and experience
outside their field of competence.

19. On being approached or instructed to proceed with quantity surveying work in respect of
which the member has reason to believe services of another member, partnership or
corporation have been engaged in respect of similar work by the same client, notify such
member, partnership or corporation.

20. Not falsify or misrepresent their qualifications, experience and prior responsibility.

21. Neither maliciously nor carelessly do anything to injure, directly or indirectly, the
reputation, prospects or business of other members.

22. Not supplant or attempt to supplant another member, partnership or corporation who or
which has been awarded a commission.
 23. Its professional misconduct if a member share or agree to share fees or enter into
partnership in regard to Quantity Surveying work with any person not registered or
otherwise approved by the Board of Registration for Architects and Quantity Surveyors
(BORAQS).

24. In the case of a Quantity Surveyor wilfully destroy his original dimensions, abstract, draft
bill and other documentary evidence necessary to verify his bill of quantities until six (6)
years after the final completion of the contract and the settlement of all accounts.

25. Attempt to influence unfairly or dishonorably whether directly or indirectly the award in
a competition.

26. Act other than in an impartial manner between the employer and the contractor or interpret
the conditions of contract or interpret the conditions of contract other than in the entire
fairness as between all parties to the contract;

Disciplinary Measures

The Professional Body’s Board shall handle disputes/complaints within the purview of the
professional organization or escalate it to BORAQS and will lead to sanctions such as:
1. A formal warning or reprimand;

2. Issuance of fine(s) and or penalty;

3. Disqualification from the particular procurement process;
4. Suspension of practicing license
5. Suspension of registration;
6. Reporting of the matter to the National Police Service.

Professional Negligence
In UK, the RICS (Royal Institute of Chartered Surveyors) receives around 2000 complaints and
approximately a third relate to negligence which gives an indication of the scale of the problem.

It is important to differentiate negligence and incompetence. Negligence is an instance of a lack of

proper care and attention while incompetence is a display of inadequate ability of fitness.

Professional negligence is defined as a neglect of a professional duty of care as to render the

professional person committing the Act, error or omission of neglect, liable in law to a client or
some other third party who sustains loss by reason of that neglect. It is difficult to decide on the
appropriate standard of care however the test is the standard of the ordinary skilled man exercising
and professing to have special skill. This means a man need not possess the highest expert skill,
sufficient it is if he exercises the ordinary skill of an ordinary, competent man exercising that skill.

Examples of professional negligence

1. A housing association lost part of a grant owing to the failure of a QS to include the
appropriate item in the BQ. A settlement was agreed before costs were incurred in legal
proceedings.

2. A claim was made against a QS for the additional cost incurred in completing outdoor
sports facilities as a result of their miscalculation of the volume of material to be
excavated. The assured acknowledged that they were at fault and the final additional cost
was borne by the assured to the extent of their policy excess and the balance by their
underwriters.

3. In preparing a tender for a builder client, a firm of QS included an item priced at well
below the proper figure owing to a clerical error and received a claim for the amount
consequently irrecoverable from the principal. Calculations of the loss was
straightforward and the claim was settled under the PI subject to the assured’s excess.

4. An attempt was made to hold QS responsible for loss on the basis of their rough estimate
of probable cost of an industrial development based on scanty information but the
proceedings were finally dropped.

Managing Professional Indemnity Risk

There are a number of ways that a QS or QS firm can take to reduce their exposure to claims. Good
practice procedures are held in a firm’s favor when renegotiating insurance and brokers should be
informed of any risk management procedures that are in place.

Although it may be difficult to quantify significant savings in premium, risk management will
reduce claims and therefore time spent in dealing with them.

Points of particular importance in risk management for a QS firm include:-

1. A thorough understanding of client’s instruction, ensuring that they are absolutely clear.
2. Ensuring the client gets what he wants
3. Confirming instructions in writing before undertaking the work
4. Allocation of work to the right people, bearing in mind their abilities and experience
5. Keep proper notes, telephone messages etc
6. Make sure reports, valuations, final accounts etc are completed as per the laid down
industry guidelines
 7. Review the firms system regularly and make changes if they are found to be inadequate

Inadequate Professional Services (IPS)

This is defined as one where there is lack of knowledge on the part of the person who carried it
out, a lack of performance by someone who possessed the appropriate knowledge or some
deficiency in the delivery of the service.
IPS may result on one hand with a dissatisfaction to the client and on the other hand being liable
for negligence on the part of the QS.
Examples of IPS are:-
- Taking on work knowing that one is insufficiently experienced or skilled in that
field to provide service of a reasonable standard.
- Not confirming instruction properly
- Not confirming fees properly
- Not keeping his client informed
- Not completing work in a reasonably prompt manner
- Taking on work knowing that he has insufficient time or resources to deal with
it competently.

Professional Indemnity Insurance Cover

A professional indemnity insurance, also known as professional liability insurance or PI

Insurance is an insurance policy that will insure you from the losses resulting from professional
malpractice. This includes professionals under categories like Architects, Quantity Surveyors,
lawyers, valuers, engineers, auditors, medical practitioners, pharmacists etc.
Regardless of how many years of experience you have in your current profession, there is always
possibility that one can make a mistake whether unintentionally or due to negligence.
But one single mistake may turn to a big loss for you as well as the organization you work for.
Why to take any risk and work under pressure?
Whatever the reason is, it is always advised to stay one step ahead by purchasing professional
indemnity insurance and protecting yourself and the organization from unforeseen situations that
may arise financial burdens or even higher losses.

Why take a Professional Indemnity Cover

The reasons for professional indemnity are:
1. Defaming a reputed person by an enemy.
2. Inaccurate information
3. Negligence
4. Misleading guidance.
5. Violation of client trust
This policy protects professionals from legal liability for any acts of negligence or malpractice they
may lead to any loss in the course of their duty. A standard professional indemnity insurance in
Kenya covers for following events:
1. Court judgments/awards
2. Defence costs
3. Fees and expenses
4. Loss of documents

Benefits of Professional Indemnity Cover

On purchasing a professional indemnity cover, you will enjoy following benefits:
1. As a buyer of PI Insurance, you can concentrate on work more and don’t need to worry
about the risks involved.
2. In case any client files claim against you, you just have to inform your insurance provider and
rest will be take care of by them.
3. In the event of legal actions, they also employ a team of lawyers specialized in handling
professional liability cases.
4. As a businessman, there are number of problems you can suffer if you don’t own PI
cover like your business operations are disrupted. You may need to hire lawyer to handle
any legal action taken by the clients. Additional from financial loss from client’s side, you will
have to pay fee to lawyer. Thus, purchasing this cover will balance the cash flow of your
business and furthermore, you shall not meet any financial cost of paying for the lawyer.
5. One of the major advantages that businesses benefit from this policy is the good name that
they enjoys in serving their clients.