Code of Ethics of the Profession of the Civil Engineer

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PART I

GENERAL PROVISIONS

ARTICLE 1

This text, signed in application of the provisions of Article 14 of the Law No. 2000/09 of 13 July 2000, relating to the organisation and practice of the profession of the Civil Engineer, defines the mission and the code of ethics of the profession.

PART  II

GENERAL MISSION OF THE CIVIL ENGINEER

ARTICLE 2

1°/- Upon admission to the National Order of Civil Engineers, the applicant shall take an oath before the Council and undertake, on the one hand, to abide by all the provisions of this code of ethics as well as those of other text governing the Order and on the other hand, to practice the profession according to the rules of the trade.

The swearing in protocol is in appendix N° 1 of this Code of Ethics.

2°/-  Depending on the scientific and vocational training received and proven, the Order can authorise a Civil Engineer to practice his/her activities in one or more of the areas of specialties listed in appendix II of this Code of Ethics.

3°/- The Civil Engineer shall act as project owner, project owner’s delegate, project manager and project manager’s delegate. He shall, under supervision and up to a certain ceiling, grant legal expertise, ensure industrial production; carry out consultations, designs, research and training in the area of civil engineering (Building construction and Public works).

4°/- He shall draft the contract (Special Technical Conditions of Contract) to be signed between the client and the contractor and keep a copy thereof. In case where, after the estimates have been drawn up and the contract awarded, the client requests works modifications likely to increase the capital cost, the civil engineer shall seek the agreement of the client before authorising the execution of works.

5°/- He shall supervise and coordinate the work site.  He shall ensure that works are carried out in conformity with the design and specifications drawn up and signed by an Engineer on the Roll of the Order. He shall receive, from the contractor,  the statement and documentary evidence of expenditure, check and hand them over to the client together with proposals disbursement of progress payment and payment of the balance in conformity with the progress reports.

6°/- He shall make payments on behalf of the client only by virtue of special powers.

PART III

OBLIGATIONS OF THE CIVIL ENGINEER VIS-A-VIS FELLOW MEMBERS AND THE ORDER

ARTICLE 3:

In the execution of his duties, the Civil Engineer shall be compelled to take an insurance policy against the financial consequences of his professional liability.

ARTICLE 4Professional civil liability insurance

Pursuant to Article 15 of Law No. 2000/09 of 13 July 2000, at the beginning of the year, the Civil Engineer or the professional non-trading company of engineers practising on a private basis must present to the Order an attestation of the professional civil liability insurance, together with the receipt justifying payment thereof.

* The insurance company, clearly identified must be notoriously known and approved by CIMA.

* The stock insured must be specified and shall correspond to the turnover and the cost of the structures for which the expertise of the applicant may be enlisted.

ARTICLE 5: Establishment of professional responsibility in case of damage

Pursuant to paragraphs (3) and (4) of Article 47 of Law No. 2000/09 of 13 July 2000, the total or partial responsibility of the Civil Engineer or the professional non-trading company of Engineers shall be established compulsorily through technical expertise.

The technical expertise shall be carried out at the behest of the victimised project owner who shall choose the expert(s) from the list of approved and sworn-in experts in Civil Engineers in the specialty at stake. It is up to the accused to check compliance with this provision at the office of the National Order of Civil Engineers.

Where the approved and sworn experts do not possess the special qualifications required, the Council of the Order must, depending on the importance of the damage and the nature of the works concerned, carry out the expertise through an ad hoc committee chosen amongst the best specialists in the area. It is the responsibility of the victim of the damage to make the request

ARTICLE 6:

The National Order of Civil Engineers intends to develop and promote a framework of professional ethics, moral rectitude, efficiency, excellence and sound collaboration among its members.

To this effect, each Civil Engineer shall:

–          Submit an annual report of his professional activities to the Council of the Order;

–          Adhere to the principles of fair competition by applying the price scales and fees instituted by the  Order and to abstain from any unfair trading practices vis-à-vis a fellow member;

–          Grant technical assistance to fellow members at their request, under the supervision of the Council of the Order, in his sphere of scientific and professional competences;

–          Sponsor and support the professional training of newly graduated Engineers and help them in their integration;

–          Upgrade his knowledge every two years at least through short term training courses, seminars, workshops publications and scientific conferences organized or recognised by the Order.

Furthermore, if he called upon to replace a defaulting fellow member, or members with whom the client has just parted, he must inform both the fellow member and the Order. If the fellow member is deceased, he shall be compelled to preserve the interests of the next of kin of the deceased in every action engaged or to be engaged, provided that such interests are not contrary to those of the client.

PART IV

OBLIGATIONS OF THE CIVIL ENGINEER TOWARDS HIS CLIENTS.

ARTICLE 7:

(1) Pursuant to the provisions of Articles 2 and 3 of Law No. 2000/09 of 13 July 2000 relating to the organisation and practice of the profession of the Civil Engineer, the Engineer shall be responsible for preparing the designs for the construction of structures and ensuring their smooth execution, insofar as the mission given him by his client.

(2) Furthermore, he shall assist his client particularly in drafting the contract and commissioning the works, and, sign the corresponding minutes.

(3) The Civil Engineer, who studies, prepares and calculates a design or execution for the works of construction of a structure shall, compulsorily agree or approve the structure if it is classified in the first category of specialties enshrined in the Internal Regulations of the Order.

ARTICLE 8:

The Civil Engineer is bound by professional secrecy under the conditions specified in and punishable by Article 310 of the Penal Code.

ARTICLE 9:

(1)  The Civil Engineer shall not include his fellow members or other men of the profession in the execution of all or part of the mission assigned to him without the approval of his client. Such approval shall not, however, discharge him from his personal responsibility, except otherwise agreed upon by convention.

(2)  When appointed by the court to act as expert of arbitrator in a matter incriminating one of his clients or in the substance whereof he has given an opinion, the Civil Engineer shall disclaim competence.

(3) If designated by his client, the Civil Engineer must remember that he is no longer the latter‘s counsel but simply an arbitrator.

ARTICLE 10:

Pursuant to the provisions of Articles 50, 51 and 52 of Law No. 2000/09 of 13 July 2000 relating to the organisation and the practice of the profession of the Civil Engineer, any dispute between the Civil Engineer and his client concerning the execution of a contract shall first be tabled before the Council of the Order for reconciliation. In case both parties do not arrive at a satisfactory conclusion, the injured party shall refer the matter either to the Labour Inspectorate or to the competent labour court.

ARTICLE 11:

The payment of the services rendered by the Civil Engineer in private practice shall be made upon presentation of a statement of fees accepted by the client.

PART V

OBLIGATIONS OF THE CIVIL ENGINEER TOWARDS CONTRACTORS AND SUPPLIERS.

ARTICLE 12:

The profession of the Civil Engineer is incompatible with that of the industrial contractor or supplier of materials or objects used in the same construction project.

ARTICLE 13:

(1)  The Civil Engineer shall give the contractor all information relating to the execution of the project, in compliance with the design specifications.

(2)  He shall ensure the necessary coordination among the various enterprises.

(3)  As works supervisor he shall have authority over the work site.

ARTICLE 14:

In order to preserve his independence, the Civil Engineer shall not receive any benefits in cash or kind from contractors or suppliers.

Adopted at the General Assembly of the National Order of Civil Engineers of Cameroon in Yaounde, the 1st June 2001

Source: Official Website National Order of Civil Engineers Cameroon

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