Report of the Disciplinary Board 15-16 August 2023

A Disciplinary Board was convened on 14 December 2022, in respect of matters referred to it by the Professional Conduct Committee. The matters arose in respect of the engagement of Mr Andrew Dust CEng MIStructE in a project, as the adjoining property owner’s Party Wall Surveyor in accordance with the Party Wall Etc Act 1996 (“the Act”). The complaint alleged that Mr. Dust acted unethically and unprofessionally with the intention of generating excessive fees for himself.

The PCC reports on three disciplinary cases

The PCC found that a Graduate Member failed to respond to requests from the checking engineer; failed to demonstrate the competency required to undertake work that involved basement works with adjacent properties; failed to provide evidence of Professional Indemnity insurance cover; and failed to provide adequate terms of engagement.

The Institution publishes the outcomes of five separate cases arising out of complaints submitted to the Institution.

The Institution publishes the outcomes of three separate disciplinary cases arising out of complaints submitted to the Institution. The reports here mentioned detail the findings and sanctions issued against those members, one of which includes the Suspension of a member

The PCC found that a member failed issue an Apology to the complainant, as required of the member by a previous PCC Decision.

The Board considered matters in respect of the issue of a report on a listed building by a member of the Institution, whereby an electronic signature was inserted which purported to be that of an accredited engineer but in fact was inserted without the knowledge of the signatory. The report reflected very poorly on the accredited engineer and on the accreditation body.

The PCC found that a member failed to discharge their duties with care, courtesy, impartiality and fidelity; failed to document the structure of his organisation; failed to engage in detailed discussion of how the clients’ requirements would be met, failed to supply a letter of engagement or acceptance; failed to take all reasonable steps to ensure that the client understood the scope of the service to be provided including any limitations; failed to supply terms of appointment before any work commenced; failed to ensure that the brief and terms of payment were agreed by the client; and failed to obtain written acceptance prior to commencement of work

A complaint was made to the Institution arising out of the appointment of a member to review the work of another structural engineer. Taking all matters into account, the PCC found that the member failed to notify the other structural engineer of their involvement and appointment and failed to seek clarification from the other structural engineer in regards to their design concerns.

A complaint was made to the Institution regarding the content of a structural appraisal written by a member in relation to damage to a porch. Taking all matters into account the PCC found that the member included in their report letter an irrelevant, unwarranted and wholly inappropriate description of their client. The PCC found further that reference to a person’s nationality and/or physical size, or any description of a person’s demeanours, has no justifiable place in a professional report such as that provided by the member.