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PPA 2011 - Professional Liability
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Re: PPA 2011 - Professional Liability
RJM Sat Apr 14, 2012 7:42 pm
JGM,
Am aware on the existence of such clauses in the RFP issued by PPRA. However, there is a debate underway that for any provision (especially penalties) to be provided in the Standard Bidding Documents or Standard RFPs should be derived from the Act and its Regulations for it be enforceable. One of the issue is a Professional Negligence. What I remember is that the Local of Government Authorities Regulations of 2003 had provision of Professional Liability expressly stated.
What is your take?
Am aware on the existence of such clauses in the RFP issued by PPRA. However, there is a debate underway that for any provision (especially penalties) to be provided in the Standard Bidding Documents or Standard RFPs should be derived from the Act and its Regulations for it be enforceable. One of the issue is a Professional Negligence. What I remember is that the Local of Government Authorities Regulations of 2003 had provision of Professional Liability expressly stated.
What is your take?
RJM- Posts : 260
Join date : 2009-07-30
Age : 73
Location : What is written without effort is in general read without pleasure
PPA 2011 - Professional Liability
JGM Sat Apr 14, 2012 5:18 pm
Dear RJM
The issue of Professional Liability is supposed to be addressed in the consultancy contracts and not the PPA. In PPA2011, Sec. 78 (3) states as follows " The Procuring Entities shall use the appropriate Standard Requests for Proposals and Standard Forms of Contract issued by the Authority with minimum changes...". In the RFP document ( Conditions of Contract) there is a clause on Liability of the Consultant and Insurance to be taken out by the Consultant. What happens in real life is that the clauses are ignored during the preparation of the solicitation documents either consiously or unconsiously due to incompetence of our PMUs. We should also be aware that sometimes these contracts are drafted by the same consultants and the PEs only sign them as a matter of procedure. It is time we stopped signing documents which we do not fully understand.
The issue of Professional Liability is supposed to be addressed in the consultancy contracts and not the PPA. In PPA2011, Sec. 78 (3) states as follows " The Procuring Entities shall use the appropriate Standard Requests for Proposals and Standard Forms of Contract issued by the Authority with minimum changes...". In the RFP document ( Conditions of Contract) there is a clause on Liability of the Consultant and Insurance to be taken out by the Consultant. What happens in real life is that the clauses are ignored during the preparation of the solicitation documents either consiously or unconsiously due to incompetence of our PMUs. We should also be aware that sometimes these contracts are drafted by the same consultants and the PEs only sign them as a matter of procedure. It is time we stopped signing documents which we do not fully understand.
JGM- Posts : 4
Join date : 2010-07-02
PPA 2011 - Professional Liability
RJM Tue Apr 10, 2012 11:39 pm
Dear Forum Member.
Does PPA 2011 covers Professional Liability either expressly or impliedly? What will happen if a building collapse due to negligence of the consultant.
Does PPA 2011 covers Professional Liability either expressly or impliedly? What will happen if a building collapse due to negligence of the consultant.
RJM- Posts : 260
Join date : 2009-07-30
Age : 73
Location : What is written without effort is in general read without pleasure
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