Professional Practice 1

ProfessionalEthics
1
Professional Ethics
March 2018
Professional Practice 1
(QSB 60604)
Group members:
Ng Kai Chun 1101G13410
Ngeow Yee Ling 0329178
Penny Leung Ling Yee 0328245
Nur Firzana Binti MuhammadHasmi 0324838
Nurafiqah Haji Abd Zariful 0321196
Sahil Gunesh 0328569
Shum Wen Jun 0325151
Sow Wei Henn 0324998
Liew Jian Yang 0327755

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Contents
1.0 Profession and occupation..................................................................................................3
a) It has been suggested that a profession may be distinguished from an occupation. Elaborate on
the key differences after researching into this area.......................................................................3
b) Is quantity surveying, construction management and contracting considered professions?
Explain and justify your views for each...................................................................................... 4
Quantity Surveying................................................................................................................ 4
Construction management......................................................................................................5
Contracting ........................................................................................................................... 5
2.0 RICS Code of Ethics............................................................................................................ 6
3.0 BQSM Code of Ethics...................................................................................................... 15
a) Critically review and prepare a commentary on ten provisions you consider to be important
under the Quantity Surveyors (Amendment) Rules 2016, Part IV Code of Professional Conduct.
Include examples to illustrate your commentary........................................................................ 15
Provision 26: Conduct of registered QS ................................................................................ 15
Provision 26A: Public Interest.............................................................................................. 15
Provision 29: Reputation, etc. of a registered person not to be injured................................... 16
Provision 30: Advertising and soliciting prohibited................................................................. 16
Provision 32: Fairness in Construing and Administering Contracts ......................................... 17
Provision 33: Restriction on Entering Professional Partnership............................................... 17
Provision 34: A registered Quantity Surveyor practicing as Consulting Quantity Surveying
Practice to not intervene in or take over the practice of another............................................... 18
Provision 35: Acting in dual capacity.................................................................................... 18
Provision 35a: Complaints against registered quantity surveyors ............................................ 18
Provision 35G: Order of the Board....................................................................................... 19
b) Accessand readthe BQSM Conditionsof EngagementunderPartIV Code of Professional
Conduct.Explainand elaborate onthe professional dutyof care andstandard expectedof
quantity surveyors.................................................................................................................. 20
Appointment of consulting Quantity Surveyor (CQS)............................................................ 20
Memorandum of Agreement (MOA) .................................................................................... 21
Duty of care and standard expected of quantity surveyors ...................................................... 22
4.0 References list ...................................................................................................................... 24

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1.0 Profession and occupation
a) It has been suggested that a profession may be distinguished from an occupation.
Elaborate on the key differences after researching into this area.
What is occupation? An occupation can be defined as some kind of activity undertaken by a
person to earn his living. In another view of point, there is no any special or long-term
training required for a person to perform the job. Examples of occupations are drivers,
technicians, clerks, or workers.
A profession is an occupation when someone is getting paid for his particular skills or
specialized knowledge. To define it into a simpler way, a profession is an occupation for
which a person trains for and get paid to do so. Unlike a person engaged in an occupation, a
professional must complete their studies at a university or other higher institution for the
extensive training and special knowledge. Quantity Surveyors, doctors, teachers, engineers,
scientists, and many others fall under this category.
So, what is the difference between an occupation and a profession? One’s occupation is what
he does to earn money while his profession is what he trained for. For example, we can say
that a person’s occupation and profession are the same when the person who has just finished
his degree studies in quantity surveying and is currently working as a QS. The words of
occupation and profession are interchangeable in this case as the profession is also an
occupation when the person is paid for utilizing his field of knowledge.
Moreover, those jobs which fall under the category of occupation undergo some specific
limitations. For example, their salaries are always low to medium and they come with no
social status. In contrast, a profession has an opportunity for constant growth. Extra courses
and experience that adds to a professional’s level of skills and knowledge act as a plus point
to increase one’s income and status.
Hence, an occupation is just a duty that many people can do for wages without any training in
a particular field being required. Each professional can have a different occupation. Despite
that, there is no access to a profession for a person who does not have extensive training or
special skills and expertise. Every profession will come with an ethical code and will be
regulated by a certain statue.

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b) Is quantity surveying, construction management and contracting considered
professions? Explain and justify your views for each.
Quantity Surveying
Quantity surveying is considered a profession because it has detailed and comprehensive
knowledge and expertise of construction industry as quantity surveyors are the one who in
charge of the documentation, measurement of drawings and cost estimating of a project
within construction industry (RICS, n.d.). For example, upon receiving the drawings from
architect, quantity surveyors are required to measure every elements and structures involved
in the project and generate the quantity and price it by obtaining rate from sub-contractors or
suppliers.
Their job scopes involve interim valuation, management of project, preparation of contracts
and tender documents, provision of advice to client and management of progress schedules.
Quantity surveying profession is being well known within the construction industry as QS are
the one who involving with cost and paperwork.
As a profession, certified QS can prefer specialising and working between consultancy firm
or contracting firm, depending on own perspective (Waterford Institute of Technology,
2017). In addition, QS get paid well by offering their services in term of skills and expertise
which they experienced from working and studying of construction field practically,
theoretically and technically.
Therefore, quantity surveying is considered as a profession because it offers specialised skills
and techniques in managing the tender documents, claims, progress payment and bill of
quantities. Without the expertise of the quantity surveyors, a detailed project description and
documentation will not be generated by other parties such as engineer and architect.

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Construction management
Construction management (CM) offers specialised services involving planning, organising
and constructing of a project. Upon appointing a construction manager, CM must be capable
to handle and oversee the project carefully as CM is often appointed to in charge large scale
and high budget projects.
Construction manager (CM), a profession who is often appointed at the beginning of the
project development, being accompanied by a team consisting architect, quantity surveyor
and engineer, leading and coordinating the works throughout the project from the start to
finish effectively and efficiently without delaying the schedule of project (UON FEBE,
2012). Other than managing the schedule of a project, construction manager is responsible to
control the finances, ensure the workplace is safe to progress work and building a liaison
between the parties involved in the project (Rachel Burger, 2017).
Construction manager is highly paid for his/her services as he/she is the leader of the
construction team, managing the project schedule, supervising the construction activities and
allocating the required resources for a project. In term of the remuneration, construction
manager is being paid a fixed or percentage amount of the estimate prime cost of a project.
Contracting
In my opinion, contracting is definitely a profession as it has a wide span of responsibilities
that contracting professionals are accountable for. They are equipped with valuable
perspective on commercial values, with emphasis on how to avoid and deal with all the
potential risk as and when they arise. They are the professionals in meeting clients’ needs as
well as thrive to achieve clients’ quality requirements, ensuring suppliers provide services in
time to fulfil those needs, and ensuring the project within reasonable cost. Sometimes, they
serve as business advisor to the CEO, awarding and administrating of the contract, ensuring
on time delivery of quality, product, and service. As contracting environment is getting
complex and exciting, contracting professionals are provided opportunities to identify,
evaluate and execute in a way of practices such as practical methods of contract management
delivers by world class professional contract expert.

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2.0 RICS Code of Ethics

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3.0 BQSM Code of Ethics
a) Critically review and prepare a commentary on ten provisions you consider to be
important under the Quantity Surveyors (Amendment) Rules 2016, Part IV Code of
Professional Conduct. Include examples to illustrate your commentary.
Provision 26: Conduct of registered QS
This provision is important as it elaborates on the conduct a registered QS needs to have in
the construction industry. The professionals have responsibility to act in the interest of the
public, to respect and do their work as guided by the code of Professional conduct which are
determined by the board. For example, if a registered QS is doing his work honestly for his
client, this will create a form of trust towards the quantity surveying profession as the QS is
doing the best he can for the client. So, this will uphold the dignity, standing and reputation
of the quantity surveying profession which will only benefit our profession and help our
profession to grow more.
Provision 26A: Public Interest
Upholding the interest of the public is an utmost responsibility of a quantity surveyor by
providing a professional service and delivering competent technical skills regardless of
whether it is to the employee, client or even the profession itself.
Murdoch and Hughes (2008) stress the importance of the profession's primary aim to serve
the public. This commitment means that "the true professional places the public good before
mere financial reward‟ (p. 6). It is important to know corruption and negligence are very
much susceptible as findings shown a disturbing result of over 40% coming from subjects
who has done irregular tendering practices than the norm.
Hence, a professional QS is required to provide practice with utmost honesty and integrity
ensuring that the cost management of the project would be done in a transparent manner
including both parties to be involved in the process of costing and decision making since the
client views the surveyor to be skillful in giving guidance and solution to the problem.

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Provision 29: Reputation, etc. of a registered person not to be injured
A professional member is required to distinguish and expected to engrave the principles of
the ethical standards within the mindset of oneself and be committed to preserving the
integrity of the profession throughout his lifetime.
As for instance, surveyors must act with sincerity and avoid the inconsistency within work by
placing personal gain above the welfare of others such as the clients or even the professional
reputation or of another business or other registered quantity surveyor, regardless if it's done
deliberately or directly towards them.
Therefore, being aware of the boundaries and knowing when to appropriately act on it.
Refrain from working beyond one's capability and take full responsibility for the actions
made and don't blame others if things go astray.
Provision 30: Advertising and soliciting prohibited
Members registered as a surveyor are not allowed to canvass or solicit professional
employment, provide or grant a commission and other compensation in connection with his
profession and shall not accept any gifts, money, discount or other forms of payment in
regard to his services unless it is in accordance with the guidelines as determined by the
Board.
It stems from the fact, this may bring a bad reputation to the profession and diminish the
public's confidence towards it. More so, this may be deemed misleading if it contains false
information creating an unjustified expectation of the outcome.
However, if the quantity surveyor is a director or a shareholder in an authorised company
shall he then be allowed to receive remuneration for his services.

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Provision 32: Fairness in Construing and Administering Contracts
A fully-pledged/registered Quantity Surveyor has the responsibility to fairly and justifiably
render and push through the provisions found in a contract at all times. On whichever
performance and nature of work which he or she is assigned to, his or her opinions, decisions
and actions must be seen as equitable and unprejudiced. As in any case that a question or a
dispute arises, involving or not involving other parties in regards with the provisions found in
the contract, he or she should act unbiasedly based on the contract’s agreed procedures.
Provision 33: Restriction on Entering Professional Partnership
Being a pledged and registered Quantity Surveyor means there are certain restrictions in terms
of professional partnerships and these include obtaining or intentionally be a part of acquiring
the Board approval to practice as a Consulting Quantity Surveying Practice. This means that
bonds or personal/professional relationship to someone that may be involve in granting practice
is prohibited. It also states that hiding or assisting in hiding the existence of a fact that would
cause the Board to withdraw an approval granted from any firm wherein he or she is the sole
proprietor, a partner or body corporate of any Board position. Next, it states that a Registered
Quantity Surveyor must refrain from causing or permitting any firm wherein he or she is the
Sole Proprietor or Partner, Corporate member, Director or Shareholder, to practice as a
Consulting Quantity Surveying firm before receiving an approval from the Board, or practice
as a Consulting Quantity Surveying firm in the name or by using the name, authority or image
of the Board itself.

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Provision 34: A registered Quantity Surveyor practicing as Consulting Quantity
Surveying Practice to not intervene in or take over the practice of another
This provision is about the respect of one quantity surveyor towards another. One quantity
surveyor should not try to directly or indirectly involve himself into the work of another
quantity surveyor or even try to replace him/her unless they have the consent of another
quantity surveyor or they have been informed by the employer. This provision is very
important as it highlights and clearly specifies that no unnecessary interference is allowed. I
will take myself as example, I will be annoyed if another quantity surveyor not appointed by
the client is constantly trying to intervene in my work which may create unnecessary tension
while I am doing my work and which may lead to unnecessary mistakes.
Provision 35: Acting in dual capacity
This provision is also crucial as it states that a registered quantity surveyor cannot work for a
contractor and the client/employer at the same time unless he got particular instructions from
the client. For example, if a registered quantity surveyor is appointed by both client and
contractor, the risk of having a conflict of interest is very high as he may choose a favourite
side. This will not only bring bad reputation to the quantity surveyor profession, but it will
also be a dishonest action which may be followed by legal pursuit.
Provision 35a: Complaints against registered quantity surveyors
This provision elaborates on the possibility to lodge a complaint against a registered quantity
surveyor in case he did not do his work properly. The complainant has to give his full name,
address, facts of the incident leading to the complaint, copies of any supporting document,
signature of complainant and name and address of complainant’s counsel if he got any. This
gives any client or any other person who wants to complain against a quantity surveyor a
possibility to do so and fight for justice. Eventually, the board will set up an investigating
committee to look into the matter and decide who is right and wrong.

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Provision 35G: Order of the Board
When a complaint is lodged against the Quantity Surveyor or the firm wherein he is involved
in as the Sole Proprietor or Partner or any Corporate position, and a hearing date is fixed,
wherein the Registered Quantity Surveyor or the Complainant fails to attend the hearing
before the Disciplinary Committee, the said committee may proceed to further investigate the
complaint in the event of the absences of either the Quantity Surveyor or complainant as long
as the said committee was satisfied that the notice of hearing has been dutifully served to
either or both parties involved. The investigations shall proceed without notifying either party
and from thereon, base a determination and order.

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b) Access and read the BQSM Conditions of Engagement under Part IV Code of
Professional Conduct. Explain and elaborate on the professional duty of care
and standard expected of quantity surveyors.
Appointment of consulting Quantity Surveyor (CQS)
Clause 28 states the following obligations for the CQS :
1. Before any appointment is being accepted, a registered Quantity Surveyor (RQS)
would have to inform his client in writing of the prevailing terms and conditions in
the Memorandum of Agreement (MOA) between both parties of Consulting Quantity
Surveyor and the client for Professional Quantity Surveying Services as issued by the
Board.
2. Within thirty days of receipt of a written confirmation of the appointment as a
consulting Quantity Surveyor, the registered Quantity Surveyor should notify the
Board of such appointment by handing in a copy of the letter of appointment or
Memorandum of Agreement duly signed between both parties to the Board.
According to clause 28, a RegisteredQS is encouraged to follow the following steps
before embarking on the project:
i. Notify the Client of the existence of the Board’s MOA which including the
Articles of Agreement, General Conditions of Engagement and the Schedule of
Fees.
ii. Agreement of the scope of the QS services with the Client, whether full or partial,
which will then decide Schedule of Fees of the project. However, the MOA
should be working out the amendments to suit the scope of the services by the QS.
iii. Archive a Letter of Appointment prior to the execution of the MOA.
iv. Hand in to the Board the particulars on the project, together with a copy of the
Letter of Appointment or the MOA whichever is available within 30 days.
v. Any amendments or changes made to the MOA either as a deletion, an addition
and a revision to the clauses, must be initialled by both parties.

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Memorandum of Agreement (MOA)
A Memorandum of Agreement (MOA) is a written document that labelling a cooperative
relationship between two parties who wish to collaborate together on a project or to meet an
agreed upon objective. This agreement serves as a legal document and describes the terms
and details of the partnership agreement. An MOA is more formal than a verbal agreement,
but less formal than a contract. It is a useful placeholder that helps you outline terms for
nearly any kind of new business relationship. You can use it to set up the foundation for a
partnership by laying out specific objectives, milestones, or final outcomes. If you're a
contractor or subcontractor, you can detail a project's scope or timeline. Put it in writing with
a Memorandum Agreement. You can also lay out critical financial details and preferred
methods for resolving disputes.
A Memorandum Agreement can buy you the time you need to hash out the details you need
for a contract, but it's not a substitute for a legal contract. If you have questions about the
legal parameters of your agreement, you should consult with an attorney.
The typical format of an MOA include:
Authority
Purpose of the Agreement
Name of parties involved
Brief description of the scope of work
Financial obligations of each party, if applicable
Dates agreement is in effect
Key contacts for each party involved
Detailed Description of Roles and Responsibilities
Payment Schedule if Applicable
Duration of the Agreement
Modification of Termination
Signatures of Parties’ Principals

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Duty of care and standard expectedof quantity surveyors
According to Memorandum of Agreement (2012) a competent professional consulting QS
will provide services using reasonable skill, care and diligence. The consulting QS shall
prepare the Bills of Quantities in accordance with the latest edition of the Standard Method of
Measurement (SMM) for building works provided by the Royal Institute of Surveyors
Malaysia (RISM). This is because the SMM is able to provide a standard basis for measuring
building works and embodies the essentials of good practice.
The consulting QS shall provide services specified in the Schedule. The QS shall do and
perform all acts, matters and things which are usually done and performed by the QS
according to the practice of their profession in the relation to the project. For instance, the
estimation of the material and labour cost in a project. The basic duties of a QS are to manage
the finances of any kind of construction project, working to keep the project within the
budget, making sure that construction costs and production are managed efficiently as
possible.
The consulting QS shall not reveal any confidential information communicated to or obtained
by him in the journey of carrying out the work, duties and obligation under the terms of the
Memorandum of Agreement (MOA). The QS shall not use such information on other projects
without the written approval of the Government. By doing this, the QS is able to gain the
client’s trust and confidence also able to maintain the reputation of professional QS.
It is also a must to obtain a confirmation in writing from the client whether there’s any other
registered QS on the same project whenever a registered QS is being appointed to provide QS
services. If there’s any other registered Consulting QS in the same project, then the 2nd
registered Consulting QS can only take over the same project from the 1st registered QS after
the 1st QS has given consent or approval in writing to the 2nd QS or the 1st QS issues a Letter
of Release to the client without any conditions attached for a 2nd QS to continue handling the
project. The consulting QS also shall not have any direct or indirect interest in any of the
supply contracts or construction for the project which are subject to the MOA agreement.
After the QS has reveal his interest to the Government and successfully obtained the written
consent of the Government, then only the QS is able to have interest in any of the supply
contracts or construction for the project.
The consulting QS shall not allow his staff or subsidiary or associate participate in any
activities related to the project other than the specified professional services unless the

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Government have otherwise specifically agreed in writing. This is because the QS is not
responsible for the work or/and services of other consultants. In addition, a consulting QS
should not directly or indirectly attempt to supplant another registered QS practicing as a
consulting QS who has already been appointed by an employer or client. The consulting QS
also shall not undercut or reduce the fees in order to secure an appointment. Before the
consulting QS is able to commence his basic and additional services as specified herein, he
shall obtain the written consent from the Government first.
(Report words: 3268)

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4.0 References list
Rachel, B. (2017, August 14). What does a construction manager do? Retrieved from
https://www.thebalancesmb.com/what-does-a-construction-manager-do-845369
[UON FEBE]. (2012, December 16. What is Construction Management? Retrieved from
https://www.youtube.com/watch?v=Pc40yA0eyZo
Waterford Institute of Technology (2017, June 16). 10 things you need to know about
quantity surveying. Retrieved from https://www.wit.ie/news/engineering/10-things-you-need-
to-know-about-quantity-surveying
RICS. (n.d). Quantity Surveyors in Construction sector. Retrieved from
http://ricssbe.org/qs.aspx
Advocates for youth. (2008). Creating and Using a memorandum of agreement. Retrieved
from http://www.advocatesforyouth.org/publications/publications-a-z/616-creating-and-
using-a-memorandum-of-agreement
Acqnotes (2010). Program Management - Memorandum of Agreement. Retrieved from
http://acqnotes.com/acqnote/careerfields/memorandum-of-agreement-moa
Pandadoc (2010). Memorandum of Agreement Template. Retrieved from
https://www.pandadoc.com/memorandum-of-agreement-template/
Difference.guru. (2017). Occupation vs Profession - Difference. Retrieved from
https://difference.guru/difference-between-an-occupation-and-profession/
S, S. (2015). Difference Between Occupation and Profession (with Comparison Chart) - Key
Differences. Retrieved from https://keydifferences.com/difference-between-occupation-and-
profession.html

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Cunningham, T. (2011). Professionalism and Ethics: A Quantity Surveying Perspective.
Retrieved from
https://arrow.dit.ie/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&artic
le=1006&context=beschreoth
Memorandum of Agreement. (2012). MOA [PDF file]. Retrieved from
https://www.bqsm.gov.my/index.php/en/download/sof/item/memorandum-of-agreement.
BQSM - Official Portal of Board of Quantity Surveyors Malaysia. (2007). Guidelines On
Advertising and Publicity for Registered Quantity Surveyors. Retrieved from
http://www.bqsm.gov.my/bqsm/a_public/IMAGES/pdf/circulars/(5-
2007)%20Guidelines%20On%20Advertising%20and%20Publicity%20for%20Registered%2
0Quantity%20Surveyors.pdf
“The Many Facets of the Contracting Professional,” FAI Media Library, accessed June 28,
2018, https://www.fai.gov/media_library/items/show/86
Interadigm. (2017, September 5). COMMERCIAL AWARENESS FOR CONTRACTING
PROFESSIONALS. Retrieved from http://www.interadigm.com/event/commercial-
awareness-for-contracting-professionals/

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APPENDIX

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