PRESIDENT ’ S MESSAGE
Engineering and Law
PRESIDENT ’ S MESSAGE
Engineering is a profession deeply embedded in technical expertise and innovative problem-solving tasks . However , it operates within a complex legal framework that governs its practice , ensuring that the interests of public safety , welfare , and environmental protection are safeguarded . The intersection of engineering works and legal liability is multi-faceted involving professional ethics , regulatory compliance and the management of risks associated with engineering projects .
The numerous construction site incidents , particularly those involving temporary works , warrant attention by the whole technical team , from the designers , supervisors , superintending officer , engineers for temporary works , checkers , to clients and contractors . The implication of legal responsibility among these stakeholders is often not given due attention until incidents happen , making it difficult to ascertain respective responsibility and liability .
Malaysia has witnessed several notable cases involving engineers who have been found guilty of professional misconduct or contractual liability . These cases highlight the importance of adhering to professional standards , ethical guidelines and contractual obligations within the engineering profession .
The article ‘ Professional Conduct of Engineers , Legally Speaking ’ provides a good account of the process and manner BEM handles cases of complaints though the Investigation Committee , Disciplinary Committee and Appeal Board . It is important to understand that BEM regulates the professional conduct of engineers whilst the courts regulate the way in which BEM regulates the professional conduct of engineers .
Professional engineering consultants are also entangled in contractual disputes . In addition to fulfilling their contractual duties , they are also bound by a duty of care in tort towards their employer which may lead to legal action in negligence suits . The article ‘ Liability of Professional Consultant in a Construction Project ’ explains in detail the legal implications with illustrations from cases .
In this litigious world , I would advise engineers , particularly engineering consultants , to be more aware of the legal implications , in particular their responsibilities and liabilities in the context of works that they carry out .
Datuk Ir . Ahmad Redza bin Ghulam Rasool President , BEM
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