Engineers:

Engineering services and the professionals who provide them are an integral aspect of many including the building, construction and architectural industries. These professionals carry a very important responsibility and are therefore relied upon for the expert knowledge by their clients. As industry professionals, the standard of care that engineers according to which they are expected to work is very high indeed.

Professional negligence claims are determined according to the evidence of the alleged breach of a duty of care. The duty of care is assessed according to what is accepted as the industry standard of professional conduct. These are matters that will need to be considered whether a person is an engineer defending against an existing or potential claim in professional negligence, or whether a person is contemplating a claim against an engineer for professional negligence.

One source which can be consulted to ascertain what the relevant professional standard may be is the professional representative body for engineers. There use to be an “Engineering Association of New South Wales” but it became defunct in 1919. Today, the "Association of Consulting Structural Engineers of New South Wales" can provide some guidance as to the standards the public can expect from an engineer practicing in the state. The ACSE caters to the professional field of certain types of engineers:

“Structural engineering is concerned with the research, planning, design, construction, inspection, monitoring, maintenance, rehabilitation and demolition of permanent and temporary structures, as well as structural systems and their components. It also considers the technical, economic, environmental, aesthetic and social aspects of structures.

“Structures can include buildings, bridges, in-ground structures, footings, frameworks and space frames, including those for motor vehicles, public artworks, space vehicles, ships, airplanes, cranes, concert staging and entertainment structures. They can be composed of any structural material (the most common being concrete, structural steel, timber, aluminum [sic] and glass) including composites such as carbon fibre and novel materials.” [1]

Engineers who are involved in this kind of professional activity may need to consider the standards that are espoused by the ACSE. According to their website, the ACSE “was founded in 1933 and has been serving independent consulting structural engineers and the community in NSW since.” Among the various services they provide to their members, industry standards is one area where they provide guidance for professional conduct [2] and “maintains a watching brief on Australian Standards development”. [3]

Engineers Australia is another body which appears to regulate the professional conduct of engineers practicing in their fields. Complaints can be made to Engineers Australia, which has a well developed complaints procedure involving specific requirements for the lodgement of complaints, the process of investigation, and disciplinary outcomes. [4] Rules relating to natural justice may very well be involved in these processes and it is recommended that legal advice be obtained either by:

• An individual wishing to lodge a complaint against an engineer; or
• An engineer facing a complaint, investigation or disciplinary procedure.

Complaints to Engineers Australia may be made for a breach of the Code of Ethics. [5] The Code is not a voluminous document, but this should not be interpreted as a mark of its simplicity. For example, the following are the broad matters that the Coder addresses: Integrity, Competent Practice, Leadership and Sustainability. However, the preamble to the Guidelines to the Code state that:

“The Guidelines are not intended to be, nor should they be interpreted as, a full or exhaustive list of the situations and circumstances which may comprise compliance and non compliance with the Code of Ethics. If called upon to do so, members are expected to justify any departure from both the provisions and spirit of the Code.

“Ethical engineering practice requires judgment, interpretation and balanced decision-making in context.

“Engineers Australia recognises that, while our ethical values and principles are enduring, standards of acceptable conduct are not permanently fixed. Community standards and the requirements and aspirations of engineering practice will develop and change over time. Within limits, what constitutes acceptable conduct may also depend on the nature of individual circumstances.

“Allegations of non-compliance will be evaluated on a case-by-case basis and administered in accordance with the disciplinary regulations.” [6]

The By-Laws of the Engineers Australia make is very clear that “professional conduct” is a matter of concern for the organisation. [7] The preliminary comment to the Guidelines make it very clear that each instance of alleged non-compliant conduct (negligence being but one subset of matters for which complaints can be lodged) must be assessed on the merits of each individual circumstance. This can be a very complicated process. Not only do the expectations of the community shift with time, but the law develops along with these evolving public expectations.

Engineering consultants in particular may need to consider other matters, such as the professional standards material of bodies such as Consul Australia (see our section on “Consultants” for more information). Claims in professional negligence against engineers are very serious; detailed legal advice will need to be obtained before any steps are taken to prosecute or resolve any pending matter.

If you require assistance with a claim of negligence involving an engineer, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors. 

[1] “About Structural Engineering” Association of Consulting Structural Engineers of NSW website (undated) <www.acse.org.au> (accessed 18 November 2013).

[2] “Welcome to ACSE” Ibid.

[3] “Membership Benefits” Ibid.

[4] “Complaints Against Members” Engineers Australia website (undated) <www.engineersaustralia.org.au> (accessed 18 November 2013).

[5] Code of Ethics (Engineers Australia, 28 July 2010).

[6] “Guidelines”, Code of Ethics (Engineers Australia, 28 July 2010) p 2.

[7] 2011 Royal Charter and By-Laws (Engineers Australia, 26 September 2011) clause 13: “Professional Conduct”.

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