THE ASSOCIATION OF SOUTH AFRICAN QUANTITY SURVEYORS

CODE OF PROFESSIONAL CONDUCT

Published in terms of Section 5.1 of the Constitution

SECTION 1
GENERAL
 

1

A member shall order his or her conduct so as to:

1.1

have full regard to the public interest

1.2

uphold the dignity, standing and reputation of the profession

1.3

comply with the laws of the country in which he or she operates

1.4

discharge his or her duties to his or her employers or clients with efficiency, competence, confidentiality, fidelity and without undue delay

1.5

be fair and impartial in the provision of advice and judgement to an employer or any other party to a building contract in which he or she is involved

1.6

disclose to his or her employers or clients any known conflicts of interest and shall take all steps necessary to resolve such conflicts

1.7

maintain, develop and employ appropriate levels of knowledge and skills for the task for which he or she is employed

1.8

respect the reputations, prospects, skills and practices of others

SECTION 2
PROFESSIONAL BUSINESS PRACTICE
 

2

In addition to the foregoing, a member shall

2.1

notify the Board without delay of any change of address or employment

2.2

display on all letterheads and brochures, the names and locations of principals and associates so as to clearly indicate to the public the full extent of the business entity.

2.3

ensure that any advertisement of his or her professional services is not self-laudatory, is true, factual, dignified and creditable to the profession, is not misleading and does not imply in any manner that another quantity surveyor would render a lesser service; Provided that in this context a quantity surveyor may

2.3.1

make known his or her practice, availability or experience by direct approaches to individuals and organisations or by means of any directory, brochure or pamphlet describe his or her capabilities

2.3.2

send to the media articles, or be interviewed about his or her work or about construction industry topics in general provided that he or she does not offer or give monetary or other consideration for such publication, broadcast or telecast

2.3.3

exhibit his or her name and practice name outside his or her office

2.3.4

exhibit his or her name and the name of his or her practice on the site of building in the course of construction, alteration or extension for which he or she is the quantity surveyor

2.3.5

commission or employ a public relations consultant or any similar designated person to carry out all or any aspect of his or her public relations as may be permitted in the context of these regulations

2.4

notify the Board of his or her entering into or dissolving any professional partnership or association or becoming a member or ceasing to be a member of a company or close corporation

2.5

gain approval of the Board to:

2.5.1

enter into any partnership or association with any person other than a quantity surveyor

2.5.2

become a member of any company other than a company established in terms of section 22A of the Act or of a close corporation established in terms of section 22B of the Act for the purpose of carrying on the work of a quantity surveyor in private professional consulting practice

2.6

ensure that the name of his or her firm or his or her firm in association with another firm or of the company or close corporation of which he or she is a member is not misleading and contains only his or her personal name or names without permission of the Board; Provided that such title and style or name may include the name of a person to whom he or she is the bona fide successor in title

2.7

ensure that any office or branch office maintained for the purpose of carrying out the services of a quantity surveyor in private professional consulting practice is under the continual direct and personal supervision and control of a registered professional quantity surveyor and that no indication is given that his or her practice as a quantity surveyor extends to any other office or branch office which is not similarly controlled or compliant with these regulations

2.8

refrain from doing anything through a company or close corporation which he or she would not otherwise be permitted to do

SECTION 3
COMPETITIVE ETHICS
 

3

In addition to the foregoing, a member shall:

3.1

refrain from reviewing, for a particular client, the work of another quantity surveyor or the work of a company or close corporation of which he or she is not a member except:

3.1.1

with such quantity surveyor, company or close corporation having knowledge of the review and being afforded the opportunity of submitting comments on the findings of the review

3.1.2

when the employment of such quantity surveyor, company or close corporation has been terminated

3.1.3

when no claim, to the knowledge of the reviewing quantity surveyor, for compensation of the quantity surveyor, company or close corporation previously employed in connection with the work concerned and whose employment has been terminated, remains unsatisfied, without first notifying the Board and quantity surveyor, company or close corporation concerned

3.2

refrain from submitting, without the knowledge of the Board, price proposals under circumstances which constitute competition for professional work on the basis of fees

3.3

refrain from knowingly competing for professional work with a fellow practitioner with whom negotiations are taking place in respect of such work

3.4

refrain from using the advantages of a salaried position to compete unfairly with other quantity surveyors

SECTION 4
TECHNICAL COMPETENCE
 

4

In addition to the foregoing, a member shall:

4.1

endeavour to stay abreast of technical and professional developments of the industry, environment and/or profession in which he or she operates by means of continuing professional development as stipulated by the Board

4.2

maintain and retain original records of technical and contractural documents verifying his or her work for a period of 3 (three) years after completion of a project and completion of the final account and make such documents available to relevant and responsible parties upon reasonable request

4.3

only undertake work for the execution of which his or her training and experience have rendered him or her competent and employ only adequately qualified personnel as demanded by the task for which he or she is employed

4.4

display his or her name or the name of his or her firm or the name of the company or of the close corporation of which he or she is a member on all bills of quantities, specifications, final accounts, certificates or other professional documents in respect of work performed by him- or herself or by some person in his or her employ or by any member or employee of the company or of the close corporation of which he or she is a member

4.5

refrain from either personally or through the agency of another person, whether or not such person is in his or her employ, make or offer to make by way of commission or otherwise, payment or other consideration for the obtaining of professional employment

SECTION 5
EXTRA-PROFESSIONAL ACTIVITIES
 

5

In addition to the foregoing, a member shall:

5.1

except as prescribed in regulation 2.8 above he or she shall

5.1.1

refrain from engaging in any building activity, except in his or her capacity as owner or part owner of a building or project being built or executed

5.1.2

refrain from serving as an employee or a director or in any like capacity in any company firm or undertaking indulging in any contracting, supplying or manufacturing business involved in building or construction work

5.1.3

refrain from personally or through the agency of any other person, having any financial interest in any company, firm or undertaking carrying on any contracting, supplying or manufacturing business involved in building or construction work: Provided that nothing shall prevent him or her from investing in stocks and shares of any public company listed on the stock exchange licensed in terms of the Stock Exchange Control Act, 1947 (Act 7 of 1947)

5.2

while serving as an employee or a director or in any like capacity in any company, firm or undertaking indulging in any contracting, supplying or manufacturing business involved in building or construction work, or while having a financial interest in any company firm or undertaking other than a public company complying with the proviso to regulation 2.7

5.2.1

refrain from doing or holding himself or herself out to do the work of a quantity surveyor whether for reward or otherwise, except directly and only for such company, firm or undertaking

5.2.2

refrain from holding himself or herself out to be in private professional practice as a quantity surveyor to give independent advice on matters of contract, management or cost

5.2.3

refrain from allowing his or her professional designation to be used on brochures or advertisements issued by such company, firm or undertaking or by any other means in a manner which states or implies that an independent project or construction management service can be provided