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Modern Building

SCCP Code of Ethics and Code of Conduct 

The mission of the Society of Construction Contract Practitioners is to foster excellence in construction contract administration. As such, the organisation requires all members to commit to a Code of Ethics, and Panel Members to also commit to a Code of Conduct. 

Code of Ethics 

For all Members

January 2024

Ethics

  • Members shall contribute to an inclusive and diverse team culture within a project and SCCP itself, support equal access and opportunity for all, identify and address unconscious bias, and maintain an environment that is free from all forms of discrimination.

  • Members shall act in an ethical manner consistent with the good reputation of SCCP, their membership of professional bodies, and personal integrity, honesty and accountability.

  • Members shall not allow themselves to be influenced improperly by others, including receiving inappropriate work referrals, bribery, gifts, inducements and the like.

  • No member shall misrepresent their membership status, qualifications (including misrepresenting membership of SCCP as a qualification), and/or experience.

 
Professional Conduct

  • Members shall exercise a reasonable degree of skill, care and diligence, including consistently providing pro-active and well-considered action and decision-making in the roles which have been entrusted to them.

  • Members will not take advantage of their position, and act to prevent others from being misled about their professional opinion.

  • Members will refrain from any conduct which might bring discredit to (or undermine) industry confidence in SCCP and/or their specific roles and responsibilities.

 
Compliance

  • Members shall make themselves aware and comply with the Health and Safety At Work Act 2015 insofar as it relates to their specific roles and responsibilities.

  • Members must ensure (on behalf of their Employer) compliance with any insurance requirements required by the conditions of engagement for their professional services, particularly professional indemnity insurance.

  • Confidential information must not be used for any purpose other than the purpose for which it was obtained.

  • Members are to keep proper records of their work, instructions and decisions in enough detail to allow them to answer questions fulsomely, including in dispute proceedings.

 
Professional Courtesy

  • No member shall comment on the work done or fees charged by another member unless, in the course of their professional duties, they are required to review the work of that other member.

  • A member who has reasonable grounds to believe that another member has committed a serious breach of this Code of Ethics and/or the Code of Conduct, or other illegal or unethical conduct, must report this to SCCP.

Code of Conduct

For Independent Certifier Panel Members

January 2024

Preamble

Members of the Society of Construction Contract Practitioners (“SCCP”) appointed to the Independent Certifier Panel acknowledge and commit to complying with this Code of Conduct. All references to Independent Certifier shall also apply to the Engineer to the Contract (“EtC”)under NZS3910:2013 and similar contract administration roles (under NZIA, FIDIC, NEC4 and the like).The Code of Conduct represents an undertaking by members to uphold a high standard of integrity, independence and impartiality when discharging their role. There is a requirement that those not demonstrating the behaviours and expectations set out below may be subject toa review and assessment process.

 

General Expectations of an Independent Certifier
The general expectations of an Independent Certifier are twofold:

  • They reflect industry expectations that an Independent Certifier will demonstrate the “soft skills” expected of an individual trusted by both parties to perform the contract administration role professionally; and

  • Where appropriate to engage the parties collaboratively, and with particular emphasison face-to-face engagement (if practicable), in the interests of mitigating problems and avoiding disputes without departing from the contract. This includes taking active steps to resolve matters by clear decision-making and/or working with the parties to avoid or reduce the risk of matters being referred to dispute.

 

Specific Obligations of an Independent Certifier
A Member shall, at all times, when performing the role of an Independent Certifier:

  • Act independently and impartially: SCCP strives to be an inclusive and diverse society, therefore acting independently does not necessarily mean being independent from other consultancies providing professional services. Acting independently and impartially are fundamentally behavioural attributes.

  • Resolve conflicts of interest: Disclose, before appointment and throughout the contract, any perceived, potential or real conflict of interest which impairs or is likely to impair the ability to act fairly and impartiality in the role of Independent Certifier and resign where the conflict of interest cannot be resolved to the reasonable satisfaction of the parties to the contract.

  • Act professionally: Act at all times in good faith, and in a professional, diligent, orderly and timely manner.

  • Make all decisions impartially: Act fairly, impartially, honestly, with integrity, without bias, consistent with and in reliance on the relevant contract, exercising professional judgment in all decision-making under the contract including, without limitation, contractual interpretation, assessment, compliance, contractual entitlement, valuation, or certification. Obtain independent legal or other advice where necessary to inform decision-making.

  • Principal’s Representative: Act as representative of the Principal only when prescribed by the contract.

  • Advise Principal and Contractor: Provide advisory opinions to the Principal and the Contractor in respect of matters in relation to the contract, taking care to avoid acting as an advocate of either party. As far as reasonably practicable, advise the Principal /Client of their obligations within their contract, the Construction Contracts Act 2002,the Construction Contracts Amendment Act 2015 and the Construction Contracts(Retention Money) Amendment Act 2023.

  • Comply with time requirements: Perform all duties of the Independent Certifier within the time or times stated in the contract, or, where no time limit is stated, within a reasonable time.

  • Be decisive: Make decisions where required by the contract, promptly, with appropriatereasons.

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