6. EL DEBER DE INFORMACIÓN EN EL DERECHO MODERNO.
6.1 La teoría del error
It has been argued that the professional body sector can be split in to three types of organisation: professional associations, regulatory bodies and learned societies (Professional Associations Research Network, 2013). The RICS is the professional body that regulates chartered surveyors. It introduced the qualification of "Chartered Project Management Surveyor" and established the Project Management Faculty in 2001, which later became the PMPG (McCann, 2013). Unlike the APM and PMI, the RICS aspires to represent project managers across the UK construction industry. Abbott (1988) noted that some of the characteristics of a professional body include having an organised group of experts with specialist knowledge and sophisticated training, and for there to be qualification requirements to become a member of the group. The RICS is regarded as a self-regulating body in the property and construction industry in the UK. It requires almost all individuals (except Honorary Members) to have attended their accredited training courses and pass the Assessment of Professional Competence to become a member.
2.3.2.1 Professional Regulations
There are some potential pitfalls of self-regulation: professional associations are not publicly accountable to elected politicians, and rules and other procedures, e.g. professional standards may be made in the interest of the association rather the general public (Ogus, 2002). Professional associations play a significant role in self-regulation and
there is a long tradition that the rights of practice, and the rules of conduct, for professional occupations are determined by bodies drawn exclusively or predominately from members of the profession (Ogus, 2002, p. 628).
The ability of professional associations to regulate their own BoKs and set entry-level qualifications is regarded as fundamental to the identity of a profession (Hughes & Hughes, 2013, p. 30). One criticism of the professions is that they can potentially abuse their position because of their specialist knowledge. Abbott (1988, p. 1) argued that some professions are "a monopoly and malfeasance of unequal justice, administered by servants of power". However, there is also a concern that being a 'professional' may give a lay person an unrealistic expectation of what the practitioner can achieve. Loufrani-Fedida and Missonier (2015) cautioned that practitioners should stop looking for the "hero project manager" as they cannot possess all the required competencies. They identified three different levels of competencies that can exist in project-based organisations. These competencies are: individual, collective and organizational.
Crawford et al. (2006, p. 715) also noted a potential risk of the PMI and APM abusing their positions in the market by "maintaining control over the BoK certification processes is central to maintain their [PMI and APM] position in the industry". They made no suggestion as to what checks and balances could be put in place to limit the possibility that the PPMAs could abuse their dominant position, except that academics should not rely on PPMAs for the education of practitioners.
Susskind and Susskind (2017) considered that the future of all professions is under question due to societal changes. This includes moving away from a print-based industrial society in the long term to one that enables computers and robots to undertake services that were previously regarded as professionals' work. They also contended that the previous ideal for most people that the professions were seen as for the benefit of society no longer holds true. An implication of this development is it may result in a society that is becoming more litigious including a willingness to challenge the expertise that professionals claim to possess. 2.3.3 Sociology of Project Management Surveying
Abbott (1988, p. 2) theorised that to study professionalism "it is the history of jurisdictional disputes that is the real, the determining history of the profession", in other words the processes that exclude each others are simultaneously those that define the membership of the professions. It is proposed that it is relevant to consider the sociology of the quantity
surveying profession as part of this research, it has helped to shape the project management surveying profession. Birchall and Harris (1983) noted that in 1977 the RICS's Central London Branch tried to promote project management within the wider RICS. A quantity surveyor's skill set was considered suitable to undertake the project manager's role (Birchall & Newcombe, 1985).
It is suggested that the development of project management surveying was influenced by quantity surveyors. Three significant reports were commissioned by the RICS into the quantity surveying profession. These were: The future role of the chartered quantity surveyor (RICS, 1983), Quantity surveying 2000: The future role of the chartered quantity surveyor (RICS, 1991) and The challenge for change (RICS, 1998). The following themes appear in all of these reports: the potential for increased diversification of services offered, encouragement to keep up to date with developments in IT and the need for quantity surveyors to improve their general management skills. All of the reports identified project management as another source of potential fees for quantity surveyors.
Cartlidge (2011) argued that there were significant reasons for professional quantity surveying businesses to change their work practices, including that the RICS was forced to change its by-laws in 1983 in respect of scale fees. A Merger and Monopolies Commission report deemed that the RICS scale fees for charging for works were anti-competitive and noted that the RICS "did not offer any explanation or purpose of the scales" (Monopolies and Mergers Commission, 1977, p. 49). Cartlidge (2011, p. 2) argued that "the year 1990 was a watershed for the construction industry" citing that some of the reasons for this included: the impact of compulsory competitive tendering, globalisation, increased client dissatisfaction and the 1990 recession. Matzdorf, Price, and Green (1999) concurred with this perspective that from the 1990s the surveying profession had to operate in an increasingly competitive market. Other industry sectors have been challenged on the concept of professionalism. Hyland (1996) highlighted that the education, health and social work sectors were subject to de-professionalism in the early 1990s.
Quantity surveying practices had to change their way of operating from what was perceived as a traditional role of compiling bills of quantities to providing other new services, e.g. project management services, project monitoring, etc. (Cartlidge, 2011). It is suggested that it was in the interest of chartered surveyors to recognise that project management surveying exists as a separate activity as it can generate additional fee income. There has been a growth
in PSFs, e.g. in 2015, the RICS regulated 3,402 project management and 2,428 quantity surveying firms 2015 (H. Shankster, personal communication, 13 July 2015).
2.3.3.1 Professional Service Firms
Professional services firm can be described for the purposes of this research as “organisation/organisations that employs CPMS and or other chartered surveyors that provide project management surveying services”. These firms can be of any size but they must be regulated by the RICS. The APM and the PMI do not currently regulate organisations in the UK.