Question 10:

‘Conflict of professional interest frequently arises in the working environment of an

engineer’. Discuss the statement and purpose the appropriate solutions for overcoming
the problem.

Answer :

Introduction
Rapid development in Malaysia, especially over the pass 20 years, resulting thousands of
construction projects had launched and completed. Construction work is very stressful
due to its limited budgets, time and resources. Many argument and dispute occur during
the construction among parties which have different knowledge, experience and back
ground. Especially in major projects where number of professionals such as architect,
C&S engineer, M&E engineer and quantity surveyor are involved and therefore they are
bound to have conflict between them. Basically, the cause or type of conflicts which may
occur including different interpretation of contract, alteration or changes of section of
work to a contract, compliance to health, safety and environment (HSE) requirements and
“Them & Us” attitude.

Point 1:
As a professional engineer, one must understand the role of professional ethic when
dealing with conflict of interests. An engineer should learn to better understand each
other’s responsibilities, obligations and relationships especially among other field of
professional, client and contractor. IEM & BEM’s Code of Professional Conducts has
outlined some of the guidelines to protect engineer from getting into a position of
conflicts of interest. For example, an engineer shall not accept any remuneration from
any other source besides his client, an engineer shall not make payments or place order
on his client’s behalf, an engineer should not act in a professional capacity for both his
client and contractor on the same project, when an engineer is connected to a company
whose interest may conflict with the interests of his client, he must declare his interests to
the client in writing. With all these ethical restrictions, an engineer can serve his client
professionally without any conflict of interests.

Point 2:
Conflict of interest always occurred when the work is half way done especially on the
quality of finishes and workmanship. Anyway, there still have ways to overcome the
problem. For instant, in a specific contract, an engineer should not demand higher
standard or quality than specified. This is to ensure that the project to be run in a smooth
path and budget will not burse. In order to do so, engineer should be able to possess
sound engineering judgment to decide on quality acceptance. However, engineer should
not compromise on substandard products and cut-corner practices.

Point 3:
During a construction, a lot of decisions are done within a snapshot process. In these
circumstances, conflict of interests tends to happen. When a wrong decision or mistake
has been made, the wrong party should not be afraid to admit the mistake. As a
professional, engineer should take full responsibility on the design and supervision work
undertaken by him. ‘Finger pointing’ and ‘Them and Us’ attitude should be avoided.
Transparency, proper record and correspondence are therefore a must during
implementation of projects.

Point 4:
Conflict of interests often occurs due to miscommunication between the parties involved.
It is always encourage engineer to be polite and diplomatic in giving instruction or
explanation to other person especially other field of professionals. Engineer should learn
to be considerable and open to suggestion and compromise on matter cause conflicts.
This is particularly important when dealing with experienced contractor. In brief, attitude
of considerable and give and take are essential in one’s public relation skill.

Point 5:
Globalization has shrunk the world to such an extent that the markets are not longer
localized. People from different countries with different language, back ground, culture,
experience, knowledge are able to work together in a single project. Engineers have to be
more considerable and open minded to this paradigm change. However, self ego and
narrow minded are always the mental block for people to understand each other.
Therefore, engineers working in this environment have to be well verse with the
international standard, local legislation and condition of contract in order to avoid
conflict of interest in work.

Conclusion:
From the above discussion, we understand that conflict of interest is mainly ‘human’
problem is stead of technical problem. Hence, in order to have a successful project, it is
always pragmatic to concentrate on soft aspects of communication and management over
the solid engineering fundamentals. In short, a combination of education, training and
creating awareness should come into play to reduce conflict of interest. Engineers today
have to be more dynamic and innovative in handling the conflict of interest when facing
the more complex situation in the track of globalization trend.