Acknowledgment: Law and Contractual Procedure

Law and Contractual Procedure
ACKNOWLEDGMENT
For the success of this project largely depends on the encouragement and guidelines of many
others. I take this opportunity to express my gratitude to the people who gave full support to
finish the project successfully.
I would like to thank lecture Mr. Sanjaya kodituwakku who guided throughout this project
and my friends and my family members who helped and encouraged me to finish the project
successfully.
Your sincere student,
Zamri shan
Page 1
Contents
ACKNOWLEDGMENT .......................................................................................................... 1
INTRODUCTION ................................................................................................................... 3
Task 02 .................................................................................................................................. 4
Task 2.1 .............................................................................................................................. 4
Task 2.2 .............................................................................................................................. 6
The use of Standard Forms of Contract ................................................................................... 6
Task 2.2 B........................................................................................................................... 8
Task 2.3 Documents with legal significance ............................................................................ 8
Task 03 .................................................................................................................................. 9
Task 3.1 Disputes in construction........................................................................................... 9
Task 3.2 Dispute Resolution Mechanisms ............................................................................. 11
Task 04 ................................................................................................................................ 16
4.1 Ethical Responsibilities of a QS...................................................................................... 16
Task 4.2 Professional Negligence......................................................................................... 21
Conclusions .......................................................................................................................... 23
References ............................................................................................................................ 24
Page 2
INTRODUCTION
Through the LAW we are gaining a vast knowledge on different types of Contractual law use
in construction industry. In addition to our day today lecture series we are assigned to do
certain project works in relation to the module.
This assignment is for LAW subject for the 4th semester in BTEC HND in Quantity
Surveying. This subject is most important for Quantity surveys. Because it there is any
disputes we can handle it through contractual law
This is an individual assignment and I have completed this assignment by gathering

information from the lecture notes, referring books and browsing internet. I hope this
assignment will provide the necessary information in LAW and for those who read this
assignment gain some knowledge about this subject.
Page 3
Task 02
Task 2.1
Construction Contracts and how they legally affect Construction projects
A construction contract provides a legal binding agreement, for both the owner and the builder, that
the executed job will receive the specific amount of compensation or how the compensation will be
distributed. (Juan Rodriguez, 2016)
As the statement mentions above, a construction contract is a legal binding agreement between two
parties, in this instance the contractor and the client, based on conditions and terms recorded in
document form.
Selecting a construction contract mainly depends on the three main factors; cost, quality and quantity.
There are five types of commonly used construction contracts.
They are,
1. Unit price contract
2. Lump sum contract
3. Cost plus contract
4. Target cost with variable fee contract
5. Percentage of construction contracts
Unit Price Contract

This method of construction contract is a contract in which the client pays a fixed sum for each
completed unit of work.
For example, per square meter of paint In a paint job, the client will be charged per square meter of
wall painted. So for each unit of paint (Square meter) the client has to pay the contractor.
Legal effect the contractor is only responsible for different units of work in his section. So he will
not be responsible for any other project sections and its errors. Also the contractor has a duty of care
towards the client. (Juan Rodriguez, 2016)
Page 4
Lump sum contract
In this type, the contractor agrees to complete a certain task of work for a fixed price. This method of
contract is used for works which the cost can be estimated before commencing the project works.
For example To complete the foundation works, the contractor estimated a sum of 10,000 pounds.
The client agrees and pays the sum. Once this agreement has been placed, the contractor is legally
bound to complete the construction of foundations within the given budget. If the amount exceeds
more than 10,000 pounds, the contractor should bear the additional costs through himself. And the
client wil not have to pay any additional money. (Juan Rodriguez, 2016)
Cost plus Contract
Here the client pays for the complete cost of materials and labour. This contract type is mostly used
where there is uncertainty regarding the construction works taking place.
For example, while excavation, the contractor finds out that there is a solid rock in the construction
site. Therefore additional cost should be bared by the client in order to destroy the rock using heavy
machinery. (Juan Rodriguez, 2016)
Target cost with variable fees contract
The contractor and client agree to a target estimation of construction. Bonus or penalty arrangements
are included into this target figure. The work must be of fair nature and sufficient drawings and
specifications must be produced.
Percentage of Construction Contracts
This contract is commonly used for engineering projects. Here the compensation involved is based on
a percentage of the cost of construction.
For example To build a roof, the contractor estimates a fee of 4,000 pounds. As compensation a
percentage of the fee say 10%, will be taken as compensation fees.
Page 5
Task 2.2
The use of Standard Forms of Contract

A standard form contract is a contract between two parties, where the terms and conditions of the
contract are set by one of the parties, and the other party has little or no ability to negotiate more
favorable terms and is thus placed in a "take it or leave it" position. (Wikipedia, 2015)
When relating to the construction industry, standard forms of contracts are the documents written by
legal representatives in the construction industry. These documents are used as a legitimate contract
between the stakeholders who are involved in the building process. Basically it is an agreement which
sets out who does what, for how much and in what manner it should be done.
Standard forms can be used as in its original state or can be modified with the opinion of the
stakeholders involved in the project which is known as special conditions of contract.
Examples of Standard forms of contracts
1. JCT (Joint Contract Tribunal)

2. FIDIC (Federation International Des Ingenious Conceals)
3. ICTAD (Institution of Construction Training And Development)
4. ICE (Institute of Civil Engineers) (Wikipedia, 2015)
Importance of using standard forms of contract in the construction industry
For a construction project to be successful and have minimum disputes It is important to select a
standard contract which suits the requirements of the construction project. These documents play a
vital role in a construction project.
Since the documents are standard documents and have been used widely in construction
projects, the general terms are well understood by the professionals involved in a construction
project. Which would lead to less disputes
Because standard forms of contract have been used from early days, there are solutions for
each and every scenario that can possibly arise while construction takes place. Also past cases
which caused disputes in contracts can be identified and quarantined.
The standard documents are fair to both sides (contractor and consultant). They spread risk
equally to both parties
Page 6
If a dispute occurs, the standard form of contract can be proof as to the contract terms agreed
and a resolution can be obtained in lesser time.
Standard documents save valuable negotiation time because they are already computed and
doesnt have to be done from scratch. (Wikipedia, 2015)
Page 7
Task 2.2 B
Task 2.3 Documents with legal significance

Construction contracts consist of legal documents such as Bills of quantities, specifications, schedule
of works, project drawings etc. when selecting a suitable contract these documents play a vital role.
The following examples show the legal significance of these documents when selecting a construction
contract. (Wikipedia, 2016)
The BOQ gives away the estimated cost for the project and a list of materials, parts and labor
(and their costs) that are included in the contract. The bill of quantities is helpful in valuing
variations and assists in the preparation of progress claims
Specifications Set out technical requirements of the work, they add the additional bit of
information needed to complete drawings in a project
Drawings the architectural drawings of the project which will be helpful in the design stage
Special conditions of contract The conditions named in this are the ones which are created
by the contractor or the client for their particular project.
Schedule of works How work should be carried out and in which manner
The above mentioned documents have a legal significance regarding the project because they
influence how the contract terms and conditions should be implied.
For example, The Bills of quantities are studied and the size of the project is analyzed. The selection
of contract conditions differs from the scale of each project. So judging from the BOQ, the conditions
which are suitable for this scale of project can be concluded.
Therefore it is clear that these documents which are major part of a construction contract have a legal
significance towards them. (Wikipedia, 2016)
Page 8
Task 03
Task 3.1 Disputes in construction

What is a Dispute?
A dispute is an argument or a disagreement between two or more parties for a certain work or
agreement
Disputes in the Construction industry
The construction project has a certain dispute in them. Therefore construction disputes are fairly
common but they vary in their nature, size, scale, and complexity. (Kat Kadian-Baumeyer, 2015)
Every construction dispute starts with a minor error, either from the contractors part of the clients. If
these disputes are not dealt with in the beginning they become very expensive in terms of financial,
personal and time. The main expenses such as Lawyers, dispute resolution process alone costs highly.
Other than that company resources, loss in company projects etc are results of disputes. Therefore it is
wise to minimize disputes in the construction industry and if one occurs, it should be settled with
minimal costs. Such is the nature of the disputes in construction industry.
Disputes can occur from different parties who are involved in the construction project. Given below
are some of them,
Client related - Initiating variations while construction in ongoing
- Acceleration (trying to speed the project completion)

- Delaying interim payments
- Unrealistic expectations
Contractor Related Delay in work progress

- Quality of work is not up to expected standard
- Financial failure
- Errors in tendering process
Design Related Errors in design plans

- Low quality design
- Incomplete specifications
Page 9
Contract Related Uncertainties in contract documents
- Risk allocation
- Improper interpretation of data
Project Related - conditions of the site

- Unpredictable changes
External factors Weather changes

- Legal authorities
Given above are some of the main causes of disputes occurring in the construction field. Disputes can
be minimized by paying more attention to the factors that contribute to it and by controlling the
outcome of it. (Kat Kadian-Baumeyer, 2015)
Page 10
Task 3.2 Dispute Resolution Mechanisms

When a certain dispute occurs a solution should be found by means of dispute resolution methods. As
shown it task 3.1 the nature of the dispute and types of disputes can vary from one another. Therefore
it is vital to select the most suitable dispute resolution mechanism by thoroughly investigating the
nature of the dispute.
Major Dispute resolution Mechanisms
1. Litigation
2. Alternative Dispute Resolution
Litigation
Litigation is common dispute resolution mechanism where a dispute is referred to the courts for a
decision. The courts have powers to inspect documents, witnesses to provide evidence that supports
the cases, and to enforce decisions that both parties must adhere to. The scale of the dispute will
decide which court deals with it. (Lecture note)
Advantages of Litigation
Thorough procedure and all facts taken into account

A binding decision can be obtained
Multiple parties and witnesses can be joined in
Decision is more decisive
Disadvantages of Litigation
Slower than other resolution methods

Expensive
Page 11
Alternative Dispute Resolution (ADR)
Alternative dispute resolution method is highly regarded and often has a combination of three
systems; mediation, adjudication and arbitration. Basically ADR refers to a variety of processes that
help parties resolve disputes without a trial. Since litigation takes more time and money, new
alternative dispute resolution mechanisms have proven to be beneficial. (Lecture note)
Benefits of ADR
Speed (takes lesser time)

Lower cost
Confidential (The proceedings of mediations are confidential and not exposed to the public)
Flexibility
Greater satisfaction
Settlements and final decisions can be achieved as follows,
Settlements (Non-binding)
1. Negotiations
2. Mediation
3. Conciliation
Decisions (Binding)
1. Litigation
2. Adjudication
3. Arbitration
4. Expert determination
Page 12
Negotiations
Generally individuals directly involve in the dispute to seek resolution through direct negotiation
with both parties. If a solution is not met within a period of time, the dispute is elevated into the next
level in the organizations. (Wikipedia, 2016)
Advantages Quick process, cheap, both parties have control of the outcome
Disadvantages If parties dont have equal power, this method will be ineffective
Mediation
Mediation is a way of settling disputes in which a third party (a mediator) helps to decide the case. An
important aspect of this system is that the even though there is a mediator, he does not decide the
outcome. It is decided by the two parties involved.
A typical mediation takes place in a meeting of all related individuals in the same room. Each party
gives a short presentation of facts. The mediator then gives his opinion on the case. Both parties then
discuss further and come to a suitable conclusion fair to both sides.
Advantages Fair to both sides, less time consuming
Disadvantages costly when compared with negotiation
Conciliation
This is similar to mediation. A third party known as the conciliator takes a more interventionist role
and suggests remedies and ideas as for a fair outcome and to achieve an agreed settlement.
The three dispute resolution mechanisms explained above will result in a settlement being
made between the two parties. But it is a Non-binding agreement. Next we shall refer to
Binding agreements
Page 13
Adjudication
Adjudication can be implemented by either party at any time they wish (beginning. During the project
or after) this is a quick method of resolving disputes which leads to a binding and immediately
enforced decision. Usually the adjudicator has to make a decision before 28 days. The adjudicator
doesnt go in too deep into the details and facts but rather makes a quick decision in order to proceed
with the construction project. (Wikipedia, 2016)
Advantages Quick, relatively cheap, immediate decision can be taken
Disadvantages rough and ready decision, not a final decision can be returned
Arbitration
This method of dispute resolution is used for when a genuine dispute between two parties is found. It
is more like the court proceedings than adjudication. The arbitrator is chosen by the parties involved
in the construction project. An arbitrator can be a lawyer, or an expert in the construction field. The
arbitrators decision is legally binding and can be run through the courts. (Wikipedia, 2016)
Advantages - Thorough procedure, binding decision, more decisive
Disadvantages Costly method
The most suitable dispute resolution methods for disputes in construction industry are
given below
Client related Direct negotiations with the client would be a sound dispute resolution method
because the client is inexperienced in the construction field and can be guided using direct speech.
Contractor related Mediation. Since the contractor does have an experienced background and the
client is not sure about the procedure, the client needs a third party as a mediator as a dispute
resolution method. This will guide the client in the right path.
Design Related Adjudication. Adjudication can be implemented any time of the project. And the
design stage is the beginning of the project. Therefore using the help of an adjudicator in order to get
a solution for this is vital.
Contract related Arbitration. Since this is related to the construction contract it has many legal
entities to consider. Therefore a thorough inspection from experts in dispute fields is important. Even
though this is a costly method it should be given preference because it is contract related.
Page 14
External Factors Direct negotiations will be suitable because the contractor cannot predict such
incidents, for example the weather changes. Due to heavy rain the construction works cannot take
place. The client would understand the situation. (Lecture note)
Page 15
Task 04
4.1 Ethical Responsibilities of a QS

Every professionals are having professional responsibilities and they are ought to act in
accordance with their legal and moral ethics. Violation of the Professional ethics and the
responsibilities are seriously concern as breach of duty in eye of the law. Thus the Q.S of a
client and the Q.S of a contractor play different types of legal and ethical responsibilities.
Quantity Surveyor
Quantity Surveyors have usually completed an appropriate tertiary degree course and
undertaken work experience (Law, 2012)
Quantity Surveyors work on projects ranging from office blocks, schools, hospitals, factories
to bridges, railways, oil and mining development, shipbuilding and large process engineering
works such as oil refineries, and anywhere that major construction work is carried out
As advisers they estimate and monitor construction costs, from the feasibility stage of a
project through to the completion of the construction period. After construction they may be
involved with tax depreciation schedules, replacement cost estimation for insurance purposes
and, if necessary, mediation and arbitration. (Law, 2012)
Quantity surveyors are employed predominantly on major building and construction projects
as consultants to the owner, in both the public and private sectors
They may also work as academics in the building and construction disciplines and in
financial institutions, with developers and as project managers
Quantity Surveyors work closely with architects, financiers, engineers, contractors, suppliers,
project owners, accountants, insurance underwriters, solicitors and Courts and with all levels
of government authorities (Law, 2012).
There are two varieties of quantity surveyor.
They are:
1) Client Quantity Surveyor / Consultants Quantity Surveyor
2) Contractor Quantity Surveyor
Page 16
Client QS/ Consultant QS
The functions of a consultant quantity surveyor (traditionally referred to as a professional

quantity surveyor or PQS) are broadly concerned with the control of the cost on construction
projects. The methods employed, however, cover a range of activities which may include cost
planning, value engineering, feasibility studies, cost benefit analysis, lifecycle costing,
valuation, and cost estimation. Some senior quantity surveyors are known as construction
economists, cost engineers or commercial managers. The field of cost engineering is closely
related to quantity surveying. (Law, 2012)
Quantity surveyors control construction costs by accurate measurement of the work required,
the application of expert knowledge of costs and prices of work, labour, materials and plant
required, an understanding of the implications of design decisions at an early stage to ensure
that good value is obtained for the money to be expended. (Law, 2012)
The technique of measuring quantities from drawings, sketches and specifications prepared
by designers, principally architects and engineers, in order to prepare tender/contract
documents, is known in the industry as taking off. The quantities of work taken off typically
are used to prepare bills of quantities, which usually are prepared in accordance with a
published standard method of measurement (SMM) as agreed to by the QS profession and
representatives of the construction industry. Many larger QS firms have their own in-house
methods of measurement and most bills of quantities prepared today are in an abbreviated
format from the one required by the SMM. (Law, 2012)
Role of the Consultants Quantity Surveyors can be identified as follows;
Responsibility of client QS
At pre-contract stage
Preparation of approximate estimates of costs at the design stage and giving advice to
the design team on alternative materials and types of construction and also the
financial aspects of contracts.
Cost planning at the design stage to ensure that the client gets the best value for his
money.
Taking out quantities from drawings and preparation of bills of quantities.
Preparation of tender documents and calling for tenders.
Page 17
Tender evaluations and preparation of tender reports.

Negotiation with contractors on negotiated contracts.
Giving advice on the best form of contract for a specific project. (Lecture notes)
Post contract duties
Preparation of contract documents for signatures of both parties.

Preparation of schedules of Rate of spend during the construction period.
Preparation of advising payments to the contractor giving dates and amounts.
Preparation of interim valuations and recommending for payments.
Valuing variations and advising on the financial effect on them.
Preparation of cost analysis and giving cost information at all stages of the contract.
After construction, Preparation of final accounts and agreeing the total with the contractors
quantity surveyor. If any mistake of QS there are professional negligence. That time senior
QS are vicarious liable, because the senior QS should be check all details.
Contractor QS
The Contractor's QS is responsible for the performance of operations that mirror those of the
Owner's QS; the measurement and pricing of construction work, but specifically that actually
performed 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 difference in quantity of work may arise from Changes required
by an Owner, or by an Architect or Engineer on an Owner's behalf. Typically, the settlement
of a change (often referred to in a contract as a 'Variation'). (Law, 2012)
The role of a contractors QS will extend further than the day to day running of building
projects and will cover such other areas as sub-contract formation, forecasting of costs and
values of the project, cash flow forecasts and the collation of the Operation and maintenance
manuals of the project. Some contractors and others may attempt to rely on A general
Accountant to deal with construction costs, but usually this is not effective, primarily because
an Accountant does not have the technical knowledge to accurately allocate costs to specific
items of work performed, especially at times prior to the particular work's completion as
required to make accurate assessment of the amounts to be paid to the Contractor during the
course of the work.
Page 18
As well as senior QS want to check at all details. If any mistakes by QS, there professional is
negligence. But if that same mistake of senior QS, here vicarious liability senior QS for all
work. (Law, 2012)
Responsibility of Contractor QS
Preparation of bills of quantities for contracts based on drawings and specifications.

Preparation of interim statements for payments.
Collection of information of the various operations and under which conditions the
occurred who can be used for future estimates.
Preparation of lists of materials for projects in hand using bills of quantities or
working drawing.
Assisting the contract manager to prepare construction programmed and progress
charts.
Making application to the Architect for confirmation of verbal instruction given at
site.
Preparation and agreeing on domestic sub contractor account.
Assisting the contract manager to control the costs of the project. (Lecture notes)
Legal and Ethical Responsibility of QS
Consult with clients about building projects
Study architects' and engineers' building plans
Measure and estimate building and material costs for projects
Prepare reports about projected building costs for clients
Administer the tendering process for contractors and subcontractors
Visit building sites to monitor progress and check the work is to budget
Recalculate costs if the design or materials change
Certify progress claims from contractors
Manage the payments for contractors and suppliers
Page 19
Prepare a statement of final account recording the actual costs of the project
Offer services in value management, comparing building costs to similar buildings
Prepare building feasibility studies
Prepare bank reports and offer financial advice to clients
Consult with other construction industry professionals
Contractor quantity surveyors mostly work on estimating building costs, managing

building contracts and monitoring construction progress.
Professional quantity surveyors focus on offering clients financial advice and

estimation services for setting up building contracts. They may also be involved in
mediation and arbitration between parties about building contracts. (Law, 2012)
Page 20
Task 4.2 Professional Negligence

Professional negligence is a breach of the duty of care between professionals and their clients. The
duty of care is a common law arrangement where the client expects a level of professionalism and
standards commonly held by those in the profession. (Laws, 2016)
Professional negligence occurs when an expert in a certain field fails to meet the requirements of an
average person in his respective field and causes errors in his works which contributes to a loss for the
claimant. (Law, 2012)
The starting point of any professional negligence claim is to see whether the loss is recoverable.
In the given scenario Saman, an experienced quantity surveyor delegated his work to a junior quantity
surveyor (inexperienced).Who had made certain mistakes which led the claimant (Ahamed) to bear
unnecessary losses. Let us see whether Saman is professionally negligent.
In order to establish claim in negligence, it is necessary for the claimant to satisfy the following needs,
Duty of care
Breach of duty of care (behavior below par)
Causation (connection between defendant and damage caused)
Remoteness of damage (Damage falling within the scope of duty) (Law, 2012)
Duty of Care
Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard
of reasonable care while performing any acts that could foreseeably harm others.
Neighborhood principle
I. Reasonable foreseeability
II. Proximity
Breach of duty of care
Breach of duty of care comes into consideration when a certain professional fails to meet the standard
of care required by an expert in their respective fields by law
Causation
To demonstrate causation, the claimant must be able to prove that the loss they suffered is due to the
defendants negligence. (Law, 2012)
Page 21
Remoteness of Damage
If the negligence of the professional did contribute to the loss, for what extent of the loss for which
the defendant out to be held is decided by remoteness of damage. (Law, 2012)
Page 22
Conclusions
In this scenario, Saman is an experienced QS with 15 years of experience (an expert). Therefore he
should be able to predict that Kasun who is a trainee in the same field doesnt have enough experience
to prepare a BOQ and will make errors. Therefore it is foreseeable. Also Saman should recheck
Kasuns work before submitting it to a client (Ahamed) so that the errors can be rectified. Saman was
negligent and it is his mistake that he did not check kasuns work.
Therefore, by considering the above factors. The defendant owed the client a duty of care, and he
breached that duty by not doing it up to standard, and it resulted in causing damage which was
foreseeable, and the damage was within the scope and not too remote. Therefore Saman is liable for
all of the damage caused.
Page 23
References
Wikipedia. 2015. Standard forms of Contract. [ONLINE] Available at:
https://en.wikipedia.org/wiki/Standard_form_contract. [Accessed 10 February 17].
Juan Rodriguez. 2016. Common Types of Construction Contracts. [ONLINE]
Available at: http://construction.about.com/od/Construction-Management/a/Types-Of-
Construction-Contracts.htm. [Accessed 09 February 17].
Kat Kadian-Baumeyer. 2015. Contract law terms. [ONLINE] Available at:
http://study.com/academy/lesson/contract-law-terms-definitions-contract-types.html.
[Accessed 11 February 17].
Wikipedia. 2016. Breach of Contract. [ONLINE] Available at:
https://en.wikipedia.org/wiki/Breach_of_contract. [Accessed 11 February 17].
Law. 2012. Professional negligence facts. [ONLINE] Available at:
http://negligence.laws.com/professional-negligence. [Accessed 12 February 17].
Lecture Notes
Page 24

Acknowledgment: Law and Contractual Procedure

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Law and Contractual Procedure

Your sincere student,

Task 2.1 .............................................................................................................................. 4

Task 2.2 .............................................................................................................................. 6

The use of Standard Forms of Contract ................................................................................... 6

Task 2.2 B........................................................................................................................... 8

Task 2.3 Documents with legal significance ............................................................................ 8

Task 3.1 Disputes in construction........................................................................................... 9

Task 3.2 Dispute Resolution Mechanisms ............................................................................. 11

4.1 Ethical Responsibilities of a QS...................................................................................... 16

Task 4.2 Professional Negligence......................................................................................... 21

This is an individual assignment and I have completed this assignment by gathering

Construction Contracts and how they legally affect Construction projects

Unit Price Contract

Lump sum contract

Cost plus Contract

Target cost with variable fees contract

Percentage of Construction Contracts

The use of Standard Forms of Contract

Examples of Standard forms of contracts

1. JCT (Joint Contract Tribunal)

Importance of using standard forms of contract in the construction industry

Task 2.3 Documents with legal significance

Task 3.1 Disputes in construction

Disputes in the Construction industry

Client related - Initiating variations while construction in ongoing

- Acceleration (trying to speed the project completion)

Contractor Related Delay in work progress

Design Related Errors in design plans

Project Related - conditions of the site

External factors Weather changes

Task 3.2 Dispute Resolution Mechanisms

Major Dispute resolution Mechanisms

Thorough procedure and all facts taken into account

Slower than other resolution methods

Alternative Dispute Resolution (ADR)

Speed (takes lesser time)

Settlements and final decisions can be achieved as follows,

Advantages Fair to both sides, less time consuming

Disadvantages costly when compared with negotiation

Advantages Quick, relatively cheap, immediate decision can be taken

Advantages - Thorough procedure, binding decision, more decisive

Disadvantages Costly method

4.1 Ethical Responsibilities of a QS

There are two varieties of quantity surveyor.

Client QS/ Consultant QS

The functions of a consultant quantity surveyor (traditionally referred to as a professional

Role of the Consultants Quantity Surveyors can be identified as follows;

Tender evaluations and preparation of tender reports.

Post contract duties

Preparation of contract documents for signatures of both parties.

Preparation of bills of quantities for contracts based on drawings and specifications.

Legal and Ethical Responsibility of QS

Consult with clients about building projects

Study architects' and engineers' building plans

Measure and estimate building and material costs for projects

Prepare reports about projected building costs for clients

Administer the tendering process for contractors and subcontractors

Recalculate costs if the design or materials change

Certify progress claims from contractors

Manage the payments for contractors and suppliers

Offer services in value management, comparing building costs to similar buildings

Prepare building feasibility studies