ENG 103.

2(ENGINEER- IN- SOCIETY)

COURSE CONTENT

· BRIEF HISTORY OF ENGINEERING PROFESSION

· ENGINEERING PROFESSIONAL PRACTICE IN NIGERIA
· RISK ASSESSEMENT
· ENGINEERING PROJECTS
· ENGINEERING DESIGN PROCEDURE
· ENGINEERING DECISION MAKING
· DESIGN DECISION MAKING
· CONSTRUCTION AND MANUFACTURING
· THE LAW OF CONTRACT AND PROPERTY
· ENGINEERING CONTRACTS
 CHAPTER ONE
BRIEF HISTORY OF ENGINEERING PROFESSION

Engineering is a profession concerned with improving the quality of human life by

developing and maintaining the physical systems that are necessary for the functioning
of modern society. The engineering practice can be gained by;

* Formal study
* Practice training
* Experience
* Continuing education
The practice of engineering involves

i. Innovative design

ii. Implementation

iii. Control and management of small scale physical system that are of value
to the society.

The following are the most essential requirements of the society; shelter, good health
and safe environment, protection from natural hazard and external attack.

Societal
needs Engineering
Engineering development usually arise out of “perceive needs”. Infrastructure at any
given point in the society in evolution is such as to satisfy “societal needs”.

Side effects of engineering are:

· acid rain

· green house effects

· depletion of the ozone layer

· soil erosion and gullies

· air, land, river and noise pollution

· prevalent large scale desertification

HISTORY OF EARLY ENGINEERING

The history of early engineering started in Ancient Egypt, Mesopotamia, Ancient Greece,
ancient Rome, Ancient China, sub-Saharan Africa.

Construction of the pyramid in Egypt was one of the wonders of the worlds. The
designer of the first of Egyptian pyramid is called IMHOTEP and is the first known
“engineer”. The operator of the Ingenium was known as INGENIATOR which is
considered as origin of the term ENGINEERING.

ORIGIN OF MODERN ENGINEERING

Modern Engineering began with the science of the 1st Engineering school in the late 17th
century in France. It was in France that the first school of “training” of engineers was
established. The first school of military engineers was established in 1675. Napoleon in
1795. French Famous Engineers are;

1. Navier

2. Poisson

3. Coulombs
 4. Cauchy

5. Lame and Clapeyron

Modern engineering gave rise to “rapid developments” in engineering technology,

engineering specialization and formation of engineering society.

N/B – Pluto believe that knowledge of nature should not be used to alter nature.

Some important development in engineering;

- Electrical technology

- Radio technology

- Nuclear technology

- Computer technology

- Space technology

- Internet technology

- Satellite technology

CLASSICAL FIELD OF ENGINEERING

There are 5 classical field of engineering

1) Civil Engineering: Structural engineering, Construction engineering, Water

engineering, Geotechnical engineering.

2) Mechanical engineering: Mechatronic engineering, Automation engineering,

Production engineering, System engineering, Robotic engineering, Thermo-fluid
engineering.

3) Chemical engineering: Petrochemical engineering, Polymer engineering,

Pharmaceutical engineering, Biochemical engineering, Paper and pulp
engineering.

4) Electrical engineering: Electrical power engineering, computer engineering,

software engineering, control engineering, electronic engineering.

5) Mining/ metallurgical engineering: Solid mineral engineering, petroleum and gas

engineering, metallurgical and material engineering.
Engineering is a profession in which knowledge of mathematics and natural science
gained by study experience and practices applied with judgement to develop ways to
utilize economically the materials and fixes of nature for the benefit of mankind. The
sole objective of engineering is to more fully satisfy the societal needs. The engineer
lives with his deed.

ENGINEERING PROJECT: This is a set of resources-consuming inter-related activities

leading to an engineering product which may be physical object or a service. The
execution of a project is in two (2) main phase:

a) Design phase

b) Implementation phase

ENGINEERING MANAGEMENT: This is the planning, organization and control of

engineering project with the view of ensuring efficient and successful completion. The
process of investigating through model is called “modelling”.

The engineering professional practice is the movement from the abstract world to the
world of reality whose driving force is the societal needs. Every engineering problem has
an “Engineering solution”; no matter how “approximate” it may turn out to be: “Creativity”
parades all phase of engineering professional practice.

ENGINEERING AS A PROFESSION: Occupation is a person’s regular work or job or

principal activity. A profession is an occupation requiring a special training.

ATTRIBUTES OF PROFESSION

1) The primary responsibility of practicing of profession is to a society.

2) It requires a large set of special knowledge.

3) It enforces professional standard, code of conduct and ethics.

4) It is associated with prolong training.

5) It involves continuing professional education.

ENGINEERING EDUCATION

There are three stages of engineering education

· General education

· University education
 · Continuing education

ENGINEERING PROFESSIONAL ETHICS

The engineering professional ethics and code of conducts are;

i. The responsibilities of the engineer to the society

ii. The engineer’s responsibility to the profession

iii. The engineer’s responsibilities as an employer

iv. The engineer’s relationship with his employer or client

v. The engineer’s relationship with his colleagues.

CADRES OF ENGINEERING PROFESSION

Members of the engineering profession are categorized into five

*Craftsman * Technician *Engineer *Technologists * Consulting

firms

A craftsman: Is a skilled person with a formal engineering education which is limited

to skill acquisition. They are trained in “training college.”

A technician: Is a person with informal education which afford him to analyze and
design some basic engineering components. He obtains his education in
“polytechnic or technical college”.

An engineer: Is a person trained in engineering and practicing any of the engineering

professional fields. He receives his engineering education in the “university”. An
artisan is a skilled workman without a formal engineering education, apart from an
apprenticeship with a “master” e. g welders, blacksmiths, auto-mechanics,
block-layers, carpenters etc.

According to modern engineering, new cadres of engineering includes technologists

which has an HND in polytechnic.

B. ENG HND OND [Link]

Engineer Technolog Technicia Craftsma

Technology is the means or method of actualization and control of a deserved
state of a system.
 CHAPTER TWO
ENGINEERING PRACTICE IN NIGERIA

THE EVOLUTION OF PROFESSIONAL ENGINEERING IN NIGERIA

Before the establishment of the Nigerian Society of Engineers in 1958, the Nigerian
engineers were marginalized by the colonial masters in matter of natural development.
Nigerian Society of Engineers was established by a group of Nigerian engineers (22 civil
engineers, 6 electrical engineers, 2 mechanical engineers and 1 chemical engineer) with
primary objectives of providing a rallying forum for Nigerian engineers to address this
problem of colonial marginalization for an increased participation in the policy
formation and physical development of our fatherland.

Even though the Nigerian engineers has recorded tremendous achievements in the
areas of science, engineering and technology, he still has had to contend with a very
hostile environment occasioned by the invasion of the engineering profession by
quacks and impostors of all sorts. This has resulted in very poor standard jobs,
numerous abandoned projects everywhere, structural failures, fires and outright
collapses. These unfortunate consequences have led to the colossal waste of human
and material resources and the terribly battered image and morale of the Nigerian
engineer.

The devastating effect of this state affairs quickly attracted the attention of the
Government. Thus, the engineers (registration, etc.) Decree 55 (1970) was promulgated,
and the Council for Registration of Engineers in Nigeria (COREN) was established.
Unfortunately, the registration of engineers alone could not stop the continuing
bastardization of the engineering profession by quacks. Thus, through further hard work
and representations of the NSE, the amended Decree 27 (1992) was promulgated by
which the Council for Registration of Engineers in Nigeria (COREN) was now renamed
the Council for the Regulation of Engineering in Nigeria (COREN) with full powers not
only to register engineers, but also to control and regulate the practice of the
engineering profession in all its aspect and ramifications in Nigeria, and to enforce
compliance with the Decree.
The practice of engineering profession in Nigeria is largely influenced by GREAT
BRITAIN. There are two bodies that regulate, control and foster engineering
professional practice, standards, ethics and code of conduct in Nigeria;

1. COREN

2. NSE

· The Council for the Regulation of Engineering in Nigeria(COREN)

Decree 55 of 1970 was enacted by General Yakubu Gowon (Council of Registered

Engineers of Nigeria); Decree 22 of 1992 was enacted by General Ibrahim
Babaginda (Council for Regulation of Engineering in Nigeria). COREN is a
governmental body. A graduate engineer, after NYSC is not legible for registration
with COREN.

FUNCTIONS OF COREN

Amongst other duties, COREN:

i. caters for about 65 engineering disciplines, many of which have their

practitioners greater in number than those of the most professional
regulatory;

ii. registers five cadres of engineering personnel (Engineers, engineering

technologists, engineering technicians, engineering craftsmen and
engineering consulting firms) with each having its own association, i.e.:

a) Nigerian Society of Engineers

b) Nigerian Association of Engineering Technologists

c) Nigerian Institute of Engineering Technicians

d) Nigerian Association of Engineering Craftsmen, and

e) Association of Consulting Engineers of Nigeria (ACEN)

iii. accredits engineering courses in the universities, polytechnics/ colleges of

technology, and technical colleges, both within and outside Nigeria;
 iv. organizes and supervises the post-graduate practical training of newly
graduated engineering personnel.

PANEL AND BOARD OF COREN

The following are committee, panels and a board that deals with specialized matters.

- Registration committee

- Education and training committee

- Finance and training committee

- General purpose committee

- The registered persons

- Investigation panel and board of appeal

ACTIVITIES OF COREN

- Visiting technical colleges, polytechnic and university home and abroad.

- Visiting industrial establishments.

- Registering engineers, technologists, technician and craftsmen.

- Stipulating the ethics and code of conducts for practicing engineers,

technologists and craftsman.

COREN PUBLICATIONS

The following are the publications by COREN

- Supervised industrial training scheme in engineering.

- Registered engineer code of conducts.

 - Approval of engineering course.

- Guidelines to professional interviewer.

BENEFITS OF COREN

The following are the benefits of COREN

1. Professional practice under the law.

2. The professional title of “Engr.” prefix to his name while distinguishing him from
other engineers

3. Promotion to senior carrier posting in organization operation in Nigeria public

sectors.

· Nigeria Society of Engineers (NSE)

The Nigeria Society of Engineers was launched in 1960. NSE is a
non-governmental and purely professional society and their head office is located
in Lagos.

OBJECTIVES OF NSE

1. To provide assistance in the training and examination of students in engineering.

2. To provide a forum to which government and other organizations can have and
assist or the expression of view on engineering, science and technology. NSE
achieves its sets objectives through the council of 17 standing and 1 ad-hoc
committee.

MEMBERS OF NSE

· Fellow NSE

· Honorary NSE

· Corporate NSE

· Graduate NSE

· Associate NSE
 · Students NSE

Most of the founding members of NSE were civil engineers. The founding member were
made up of 22 civil engineers, 6 electrical/electronic engineers, 2 mechanical engineers
and 1 chemical engineer.

Code and Conducts of NSE

1. A member shall not practice in dual capacity as a consultant and as a contractor

for the same project unless with prior written consent of the client.

2. A member shall make available his professional knowledge and experience with
his code as a consultant or advisor or salaried employer or a teacher of
engineering etc.

RELATIONSHIP BETWEEN COREN AND NSE

The council for the Regulation of Engineering in Nigeria (COREN) is the regulatory body
for the engineering profession in Nigeria, and is primarily concerned with certification of
persons for the purpose of practicing the engineering profession in Nigeria. The Nigeria
Society of Engineers (NSE) is a voluntary association established by the practitioners of
the profession. The COREN and NSE are separate and different bodies, therefore, they
cannot be referred to interchangeably.

The Engineering Regulations Monitoring (ERM)

The ERM is a statutory function of COREN. Its aims and objectives cut through the
objects of the Nigerian Society of Engineers and COREN Decree and can be
summarized as follows:

1. To ensure that engineering practiced in Nigeria in accordance with the codes of

Engineering practice, in the interest of public safety and for the protection of her
development and economic investments.

2. To enforce the maintenance of discipline and strict standards of ethics in the

practice of the engineering profession in Nigeria.

3. To foster the speedy acquisition of all relevant engineering and technological

skills by Nigerians required accelerating development efforts and effecting a
 speedy modernization of Nigeria.

4. To minimize and with time, eliminate engineering and technological dependence

of Nigeria on other countries.

5. To minimize the enormous foreign exchange leakage from Nigeria, resulting

from existing domination of engineering activities, particularly in the petroleum
and construction sectors of the economy, by foreigners.

6. To facilitate and expedite the positioning of the Nigerian Engineering family to

join in the global competition for incomes accruable from international
engineering consultancy and construction practices.

7. To monitor and enforce compliance with Decree 55 of 1970 as amended by

Decree 27 of 1992, by all practitioners of engineering in Nigeria.

Regulations Requiring Monitoring

In addition to a higher order of insistence on acceptable international standards in

accreditation of engineering programmes and courses, Engineering Regulations
requiring monitoring in the public and national interest include:

1. Monitoring of private sector companies and institutions offering engineering

training, and capable of offering engineering training or education.

2. Monitoring of consulting and construction engineering firm activities

3. Monitoring of engineering National Youth Corps members and Supervised

Industrial Training Scheme in Engineering (SITSIE) trainee deployment and training.
 CHAPTER THREE
RISK ASSESSEMENT

Risk assessment is the determination of quantitative or qualitative value of risk related

to a concrete situation and recognized threat (also called hazard).

Qualitative risk assessment requires calculations of two components of risk (R); the
magnitude of the potential loss (L) and the probability (P) that the loss will occur.

Acceptable risk: This is a risk that is understood and tolerated usually because the cost
and difficulty of implementing an effective counter measure for the associated
vulnerability exceeds the expectation of loss.

HOW RISK IS DETERMINED

1. Hazard identification.

2. Dose- response analysis.

3. Exposure quantification.

QUALITATIVE RISK ANALYSIS

This consists of using the probability and impact matrix tool (PIM) to prioritize and rank
the risks contained in the risk register.

QUANTITATIVE RISK ANALYSIS

As the name might suggest, this is quantifying (assigning a value=quantity) the ranked
risk often done in time or cost. There are several tools used in quantitative risk analysis,
the tools are decision trees, expected monetary value analysis.

Engineers are good project planners, time managers, and have an analytical problem
solving distinct.

SAFETY AND ACCIDENT

An accident may be defined as an unwanted occurrence. Not all accidents are harmful.
The unwanted occurrences may be divided into two groups

i. Harmful unwanted occurrence

ii. Unharmful unwanted occurrence

Harmful unwanted occurrence

This type of accident may be defined in a restricted way as unwanted occurrences

caused by unsafe acts or unsafe conditions. An unsafe act or unsafe condition or even
the combination of the two may cause an accident.

Unsafe acts

1. Improper handling of equipment

2. Carelessness

3. Ignoring safety regulations

4. Lawlessness

5. Use of improper dress

6. Using unsafe equipment

Unsafe conditions
 1. Defects in the person

2. Defects in the equipment

3. Defective environments

4. Haphazard environment

5. Unsafe guarding

Prevention of accidents

i. Opportunity

ii. Authority

iii. Responsibility

The man who has all these three qualities is called the “supervisor”.

Cost of accident

1. Direct costs

- Medical expenses

- Compensation

- Time lost from work by injured

2. Indirect costs

- Economic loss by the injured

- Damage of moral to crew

- Cost of bringing new workers

- Damage to tools and workers

- Time lost by supervisor

 - Loss of earning power

- Spoilage i.e. by fire, water, explosives or chemicals.

- Company’s loss

- Increase in overhead cost.

WHY IS A SAFETY PLAN NECESSARY?

A safety plan specifies procedures for handling sudden or unexpected situations. The
objective is necessary because it:

1. Prevent fatalities and injuries.

2. Reduces damages to buildings, stock and equipment.

3. Accelerates the resumption of normal operations.

 CHAPTER FOUR
PROJECT MANAGEMENT

A project is any set of organized activities which consumes resources and bring about a
change and achieves a distinct objective. A project is a temporary organization that is
created for the purpose of delivering one or more business products according to an
agreed business case. The primary task of engineers in industry varies in scale and
complexity from small-scale product design and fabrications to large-scale
manufacturing and constructing involving large capital investments.

Project management is the discipline of planning, organizing, motivating and controlling

resources to achieve specific goals. It is the application of knowledge, skills, tools and
techniques to projects.

ATTRIBUTES OF A PROJECT

The following are the characteristics of a project

- It has a beginning and an end

- Requires managing

- Requires implementation

- Entails planning

- Causes irreversible changes

- Depends on an investment of resources for an object

CLASSIFICATION OF PROJECTS

This can be divided into:

i. Engineering projects

ii. Management projects

Engineering projects includes buildings, bridges, physical items, refinery, pre- production
sample while Management projects includes intangible items, office move, new IT
system, marketing campaign.
Project life cycle

The following are the phases of project life cycle;

1. Project initiation

2. Project planning

3. Project execution

4. Project closure

JOB TEMPO

A job tempo is the rate at which activities leading to the job completion are executed.
To get returns from the investments, the time allowed for completion is usually limited.

The project at hand at any time in the industry obviously differ greatly in their size,
technical content, urgency and duration. The project cycle should be seen more as “one
revolution of a spiral than a closed cycle”.
 CHAPTER FIVE
ENGINEERING DESIGNING PROCEDURE

Engineering, like any other profession applies standard procedures and methods in
solving its problems to reduce “standard result”. The most important task of an
engineer is problem (a problem that has an infinite number of correct solutions).

The larger the range and number of feasible solutions generated, the more likely it is
that an optimal or near optimal solution would be found. The number of feasible
solution generated is usually determined by TIME-COST LIMITATION for the effort.
Whenever a feasible solution is not found, it means that the problem generated has NO
SOLUTON.

The main phases of an engineering project are

1. Design

2. Implementation

The design phase comprises of

1. Problem formulation

2. Feasibility study

3. Preliminary design

4. Detailed design

The problem formulation and feasibility study stages are sometimes combined and are
called “CONCEPTUAL DESIGN STAGE”. Every engineering project brings about some
IRREVERSIBLE CHANGE in the material world.
Engineering project feasibility can be divided into;

1. Technical feasibility study

2. Economic feasibility study

Technical feasibility study: This aims at conceptual identification of possible alternative

systems that will satisfy the project objectives by establishing the necessary conceptual
technical systems that will satisfy the project objectives.

Economic feasibility study: This is the most commonly used method for determining the
efficiency of a new project. It is also known as cost analysis. It helps in identifying profit
against investment expected from a project. Cost and time are the most essential
factors involved in this field of study.

THE DESIGN PROCEDURE

STAR PROBLEM FEASIBILITY PRELIMINARY DETAILED STO

The Engineering Design Stage

The purpose of detail stage is to develop and test the prototype system to develop the
complete details of the proposed system.
 CHAPTER SIX
ENGINEERING DECISION MAKING

Decision making is the selection from a set of alternative courses of action. Everybody
always makes decision. A decision may be

1. Fundamental

2. Intermediate

3. Minor

Fundamental decision: The fundamental decision is the most critical and decisive
decision. The greatest attention must be devoted to him. When a fundamental decision
is altered at any time in the project, it leads to total redesign, that is the entire project is
either started from the scratch or cancelled. Fundamental decision may be

i. Schematic

ii. Dynamic

iii. Technological

The intermediate decision: It has middling effect on the entire project. If an intermediate
decision is altered at any point in a project, it leads to a redesign of the sphere of the
project influenced by the intermediate decision.
The minor decision: If a minor decision is altered at any point in a project, the project
suffer no redesigns, only that components of the project affected by the decision is
change at little or no cost (extra). In fast the alteration may even lead to project cost
reduction without sacrificing vital products characteristics.

THE ENGINEERS IN DECISION MAKING

The main workload of an engineer is decision making. In this case, decisions are made;

i. Under certain conditions

ii. Under risk

iii. Under uncertainity

iv. Decision are made under competition

A decision made under probability or under risk is called “probability even chain”, while
the one made under production or under certainity is called “strict casual chain”.

ONE OFF AND MANY DECISIONS

One off decision is made only once and involves a unique set of circumstances that will
not be repeated, while many off decision is made to be repeated a large number of
times.

The best course of action at any stage of the process is the one that maximizes the
total pay off for all future steps.

OPTIMIZATION MODELS: These are the most widely used models by engineers because
of the inverse nature of engineering problems. The reason for the inverse nature of
engineering is DIALETIC EQUILIBRANT.

USES OF PARETO DISTRIBUTION

The followings are the uses of Pareto distribution;

1. Allocation of resources

2. It is used in the prediction of cost to be incurred.

3. It is used in cost reduction exercises

4. It is also used in rating attributes

 CHAPTER SEVEN
DESIGN DECISION MAKING

The objectives of any engineering design is to optimally satisfy. There are mandatary
attributes and optional attributes.

MANDATORY ATTRIBUTES are those characteristics of a design or design or product

which make the product or design to be acceptable to the entire end users. Such
attributes usually include cost, performances, reliability and safety.

OPTIONAL ATTRIBUTES are those characteristics of a design or product, which are

desirable provided that they do not impose unacceptable penalties on the mandatory
attributes. Attributes that are classified as mandatory or optional are product
dependent.
CONCEPTUAL DESIGN DECISIONS

Conceptual design is the combination of problem formulation and feasibility study

stages. The various steps involved in the conceptual design stage are

1. Problem identification

2. Problem identification

3. Parameter specification

4. Creation of feasibility designs

5. Evaluation of the designs

6. Isolation of the best design

This can also be divided into

· Problem finding

· problem solving

Problem identification

Problem finding Problem definition

Parameter specification

Creation of designs

Problem solving Evaluation of designs

Isolation of designs

WAYS OF ASSEMBLING COMPONENTS

There are 3 ways of assembling components

1. Manual assembly

2. Mechanical assembly

3. Automated assembly
There are two methods of creating feasibility design

1. Initiative method

2. Discursive method

Initiative method for generating feasibility design includes

- Brainstorming

- Synectics

- Function listening

- Input-control output

An ABC curve is the PARETO distribution used in inventory control. The design engineer
decision making task is further complicated by change in technology and end-user
requirement.

ROBUST DESIGN

A car which tolerates extreme weather conditions is more robust than one which would
not. One way to ensuring robustness is simply to over-design all or some parts to cope
with none that is normally necessary. Noise need to be considered when designing.
There are classes of noise;

1. Outer noise: from environment e. g human ear, temperature, humidity.

2. Inner noise: Deterioration of part and deterioration of materials.

3. Between product noise: manufacturing imperfection.

 CHAPTER EIGHT
CONSTRUCTION AND MANUFACTURING

Construction and manufacturing or production of physical system and services are the
main methods of engineering projects implementation.

ENGINEERNG CONSTRUCTION

This implies or applies to project whose implementation is SITE dependent, and

relatively short in duration. It usually involves “one off” products with high variability.

ENGINEERING MANUFACTURING

Engineering manufacturing occurs in factory where many off products are produced
(continuous/batch process). The main difference between construction and
manufacturing is that the former is based on “SITE” while the latter pertain to “FACTOR
Y”. In contrast, the prime consultant is the “Engineer”. The engineer and employer share
the design stage of the project.

In summary

Engineer + Employer Design stage

Engineer + Contractor Manufacturing and construction stage

Engineer + Employer

- Data base stage

- Design stage

- Research and development stage

- Research and marketing stage

Engineer and contractor

- Construction and manufacturing stage

- Commissioning stage

Engineer + contractor + employer

- The contract stage

Engineer
 - Management stage

Employer

- Operation stage

- Technical stage

- Retirement stage

A company that combine the scope of the employer and the engineer is called “An
authority”. Industrial revolution starts in 1760. Engineering society started in England in
1771. HND program started in England. A child is a person below 14 years while a young
is below 18 years and above 14 years. A tender documents package contains “10
DOCUMENTS”.

JOINT VENTURES AND CONSORTIA

A joint venture is the collaboration between two or more firms usually agreed between
them for a specified project.

Consortia is the collaboration between two or more firms through a jointly own
subsidiary company usually for a project or series of project for a specific market.

The aim of joint venture and consortia is “partnership”. Experience of joint worker
working in a JV or C may lead firm to consider “amalgamation”.

JV and C are used for the temporary or selective cooperation to share resources and
risk to enter a new market.

EXAMPLE OF COLLABORATION

1. Horizontal collaboration

2. Vertical collaboration

3. Complex collaboration

Horizontal collaboration: The least interdependence and simplest relationships between

partners can be achieved if their activities can be proceeded in parallel and
simultaneously that is they are related horizontally.

Vertical collaboration: Most complex are vertically related activities that is when
partners depend on each other’s activities in a sequence.

Complex collaboration: Some JV and C combined horizontal and vertical relationship,

which implies complex collaboration.

1. The success of any contract depends on the ability of the employer to define “his
requirement” and to access “its risk”.

2. The agents of industrial revolution where the engineers who added “analytic
method” to establish “craft knowledge”.

CHAPTER NINE
THE LAW OF CONTRACT AND PROPERTY

Law is a set of rules enforceable by the courts regulating the government of a state, the
relationship between the organs of government and the subjects of the state, and the
relationship or conduct of the subject towards each other.

Legal system is an embodiment of the law of state, legislature, the court, the ministry of
justice, the police and the legal professionals: bench and bar (judges and magistrate
and barristers and solicitors).

FUNCTIONS OF LAW

It functions as an instrument for social justice, social control, justice peace, harmony
and social economic charge.

THE NIGERIA LEGAL SYSTEM

Nigeria law encompasses English law, customary law, Islamic law, subsidiary law and
indigenous law.

CLASSIFICATION OF LAW

There are different classes of law;

1. Public law

2. Civil law

3. Common law

4. Customary law

5. Private law
 6. Criminal law

7. Equity law

8. Religious law

9. International law

10. Substantive law

11. Procedural law

Public law: The public law regulates the government of the state, the relationship
between the organs of government and between the individuals and the state.

Private law: This regulates the relationship between the individuals and the society e. g
family law, trust law (law of trust), commercial law, company law and partnership law.

Civil law: This regulates the relationship between individuals that do not constitute
crime against the state.

Criminal law: This regulates the acts and omission that are prohibited and punishable by
law, which specifies them as a crime against the state and stipulates the maximum
punishable (punishment) each offence(crime) attracts. Examples of offences created
by criminal law are – Assault, murder, rape, arson, kidnapping, treason, burglary, riot,
house breaking, perjury, bigamy, criminal defamation and treasurable felony.

CLASSES OF OFFENCES

There are three types of offences

1. Felony

2. Simple

3. Misdemeanor

Felony: This is a serious offence such as murder or arson, conviction attracts a death
sentence or not less than 3 years’ imprisonment.

Misdemeanor: Is an offence which is generally less atrocious than a felony, conviction

attract imprisonment for a term 3 years and 6 months.

Simple offence: This is neither felony nor misdemeanor.

Common law: Is equivalent to customary of England.

The customary law: Is a set of unwritten rules and regulation entrenched by long usage
in a given society as a standard of conduct.

SOURCES OF NGERIAN LAW

The sources of Nigerian law includes- Nigerian legislature, English law, case law,
customary law and Islamic law.

Ordinance is the legislature made before 1st October 1954 by the Nigerian central
legislature.

THE NIGERIAN COURTS

The courts are legal institutions or theatres where law is interpreted and applied in
dispensation of justice. The highest court in Nigeria is the supreme court, it is peerless
its decisions are final and binding on all courts in the country.

Supreme court of Nigeria Federal court of appeal Federal court of appeal

Magistrate or area court Customary or sharia court.

Supreme court of Nigeria: Chief Justice of Nigeria(CJN) is the head of the supreme
court. He is appointed by the president of the federal republic of Nigeria. The approval is
subjected to the senate approval by majority.
Federal High Court of Appeal: The head is the president of the FCA who presides at
least 21 judges called the Justice of Appeal. They are appointed by the president of the
federal republic of Nigeria.
The Federal High court (FHC): The head is the Chief Judge of the Federal High Court
and at least 4 judges. They are appointed by the president of the Federal Republic of
Nigeria.
The State High Court (SHC): The judges are appointed by the Governor of the state
subject to the approval of the state house of assembly by a simple majority.
The Magistrate or area court: It is divided into magisterial district. The magistrates are
graded chief magistrate, senior magistrate, grade I, grade II e. t. c.
The customary courts: This is headed by the president of the customary court.
THE LAW OF CONTRACT
A contract is an agreement which the law recognizes. It is a promise enforceable by the
law. The promise may be to do something or refrain from doing something.

ATTRIBUTES OF A CONTRACT
There are different attributes of a contract which are;
i. Offer
ii. Acceptance
iii. Consideration
iv. Capacity
v. Legality
vi. Intention
vii. Formality

Offer: An offer is a definite promise to be bound. There are two parties to an offer. The
OFFEROR (the party that offers) and the OFFEREE (the party that the party is made). An
offer may be oral, written or implied from conduct.

Rules governing an offer

1. An invitation to offer is not an offer to itself

2. An offer may be ternate as a result of the offer or offeree death

3. An offer must be communicated before an offence can be reached.

Acceptance: This is an agreement to an offer and bounds to all conditions. It may be

oral, written and implied. It must be communicated by the offeree to the offeror.

Consideration: Consideration is a legal for ascertaining whether a bargain has been

stuck. It can be executed and executory consideration. Consideration needs to be legal,
not be past, real, definite and genuine.

Capacity: This is the ability of parties to enter into binding agreement, agreement
entered into by children or young person mentally impaired person or drunkard are void
or voidable.

Legality: This is the validity under the law of the items covered by the agreement.

Intention: An intention to enter into legal relationship make a contract enforceable in

case of breach.

Formality: Is the specific format for a given class of contracts. In engineering contracts,
the formality is a document.

CONTRACT TERMS

Contract terms are the undertaking and promises contained in a contract. There are two
other classes into which contract terms may be divided

1. Condition

2. Warranty

CONTRACT VITIATORS

Contract vitiators are the situation or factors which are capable of destroying or
jeopardizing the validity of an otherwise valid contract. Example of contract vitiators

- Mistake

- Duress

- Undue influence

- Misrepresentation

Discharge of contract

A contract can be ended or discharged by performance, agreement, frustration or by

breach.

REMEDIES FOR BREACH OF CONTENT

The followings are remedies for the breach of content

- Damages

- Quantum merit

- Specific performances
 - Injunction

Damages are the financial compensation awarded by court to the injured party in a
breached contract.

Quantum merit is an award granted by a court to the injured, of a sum of money.

Specific performance is an award granted to the employer by the court, requiring the
completion of a contract by the contractor or his assistant following a breach.

Injunction is a court order forbidding a party from doing something. An injunction

forbidding a legal person from doing something is “prohibitory injunction” while one
which command a legal person to do something is called a “mandatory injunction”.

ARBITRATION

The law of contract affords legal persons the opportunity to agree to make laws which
they intend to bind them in their legitimate conditions. The results of this agreement is a
contract, which they recognize and protects.

Unilateral mistake is one which is committee by only one of the party.

BREACH OF CONTRACT BY TORT

A tort is a breach by an individual of a civil duty to his neighbor imposed by civil or

common law. Such breach of duty includes negligence or lack of care or respect for a
person’s possessions, damage and assault.

AUTHENTICATION OF CONTRACT DOCUMENTS

An authentication is the accordance of legal validity to a document. It may either be

under hand or under seal.

CONTRACTS RELATED DOCUMENT

Contract documents are:

1. Bond

2. Guarantees

3. Warrantees

Bond: Is a deed of undertaking or promise by one party.

Guarantees: Is a legally enforceable promise by a third party (the guarantor) to be

answerable to a first party (the employer) to a contract with a second party (the
contractor) should the second having started to execute the contract.

Warranty: Is a legally enforceable written promise made by a legal person about his own
conduct.

LAW OF PROPERTY

An ownership is the legal right of possession. An owner is a person who legally possess
something or a legal processor of something.

A property is everything movable or immovable, tangible or intangible which is capable

of exclusive possession.

REAL AND PERSONAL PROPERTY

A real property is the legal right of ownership incident to lend and all that is permanently
attached to it and passed to the buyer by a deed to the land.

TRANSFER OF PERSONAL PROPERTY

- Transfer by deed or voluntary transfer

- Transfer by court order or involuntary

- Transfer by adverse possession

- Transfer by eminent domain

- Transfer by will or descent

- Transfer by accretion

A LIEN: This is a form of security interest granted over an item of property to secure the
payment of a debtor or performance of some other obligation.

INTELLECTUAL PROPERTY

An intellectual property is a right created by statue of possession and use in product of

intellects (an idea) that is capable of commercial exploitation.

Example of intellectual property

- Patent

- Registered designs
 - Copyright

- Trade secrets

Patent is the right granted by the/a government to an inventor to prevent others from
making, using or selling his invention without his permission patent usually graded for a
duration of 20 years.

Registered design (Trademark) is a right granted by a government to a design to prevent

others from producing, using or selling duplicates of his design.

Copyright is the right granted by a government to an author to prevent others from

copying his work.

Trade secret is a formula, compilation of information or technology that is used in

business to create an opportunity to obtain an advantage over competitors who do not
have or use it.
 CHAPTER TEN
ENGINEERING CONTRACTS

The three players that are responsible for the success of an engineering contract are
namely the employer, the contractor and engineer. The employer is the sponsor,
promoter or owner of the project who places it on a contract for the implement.

TYPES OF ENGINEERING CONTRACTS

There are different types of contracts namely;

1. Contracts based on the method of negotiation

2. Contracts based on objectives

3. Contracts based on the method of work/execution

Contracts based on the method of negotiation: Examples are fixed price contracts,
lump-sum contracts, bill of engineering contracts, schedule rate contracts, cost
reimbursement contract, competitive contract, negotiated contract.

Contract based on objective: e. g package contract, turnkey contract, running contract,

service contract, continuation contract.

Contract based on the method of work/execution: Item work contract, basic rate
contract, day work contract, piece work contract, daily labour contract.

ENGINEERING CONSULTANT

The consultancy fees in the Nigerian constitution industry are based on the sliding-scale
of fee. The first stage payment is 25% of the total fees payable which is determined
based on the Estimated Total Cost (ETC) of the project. The second stage payment is
50% of the total fees payable based on the ETC of the project. The third (final) stage
payment is 25% of the total fees payable, but is determined based on the Total
Construction Sum (TCS) of the project.
The Engineer’s Assistants

The engineer does not act alone in the performance of his duties and responsibilities.
He usually works with engineering consultants or others. The assistants are resident
engineer, supervisors or workers etc., they all report to the engineer.

THE CONTRACT DOCUMENT

The contract documents are all the documents, which together bind the employer and
the contractor in a valid contract. Examples of contract documents are:

- Agreement

- General condition of contract (if any)

- Specifications

- Schedules or bills

- Drawing

- Appendix

Estimates: An estimate is the expected cost of the work to be placed in contract. It

represents expected direct cost (cost of materials, equipment and labour plus the
contractor’s profits) for the execution of the works or “the contract sum”.

TENDERING

A tender is a formal offer by a contractor in which he states, in adequate detail what he

would do for the employer, and the consideration he would receive from the employer
should he accept the offer. For the employer, the purpose of tendering procedure is to
select a suitable contractor at a fine appropriate to the circumstance.

There are three types of tendering or tendering system:

1. Single negotiated tendering

2. The open tendering

3. Selective tendering

Negotiated single tendering: Here, one contractor or a small group of contractors is

invited to the tender for the contract. The main advantage is that it requires tendering
cost to be minimum and project duration. The main disadvantage is that the project
cost may be more expensive since there is no competition.

Open tendering: This is when the employer gives opportunity to the world at large
through publicly advertised invitation. The main advantage is that it is free and there is
extensive competition. However, the disadvantage is that it produces large number of
tenders which leads to complexity in tender analysis.

Selective tendering: This involves limited contractors who are selected from the tender
list, and invited from the tender list by the employer. The tender list may be drawn from
the list of registered contractors or pre-qualified contractors.

TENDER PACKAGE

The tender package is the set of document the employer sends to a tenderer. Upon
receipt of this package, the tenderer provides answers to all the questions raised and
packages the document back to the employer on or before the date and time stated.

The content of the package includes;

i. Letter of invitation

ii. Instruction for tendering

iii. Forms of tender (two copies)

iv. Bond form

v. Agreement form

vi. Conditions of contract

vii. Specifications

viii. Schedules or bills

ix. Drawings

x. Supplementary schedules

Tender analysis is a selection process in which the engineer attempts to select the
tenderer with most favorable tender.

Contract supervision

The engineer’s duties at the performance stage of the contract includes

- Supervision of the progress of the work

 - Inspection of the quantity and the quality of the work

- Conducting site meeting

- Issuing of instructions such as variation, demolitions, postponement etc.

ABBREVIATIONS

JCT – Joint Contract Tribunal

ICE – Institute of Civil Engineers

FIDIC – Federation Internationale Des Ingenieurs-Conseils

FMWH – Federal Ministry of Works and Housing

CRR – Capital Recovery with Return

PI – Profitably Index

PP – Payback Period

CE – Capitalized Equivalent

BC – Benefit Cost

SA – Sensitive Analysis

NPV – Net Present Value

IRR – International Rate of Return

AEA – Annual Equivalent Amount

NUC- National University Commission

FEPA- Federal Environmental Protection Agency

SON- Standard Organization of Nigeria