The role of supervision by periti in ongoing construction works holds immense significance in the realm of professional practice. It acts as a vital safeguard, ensuring that their directives are meticulously executed. Through effective oversight, periti serve as essential connectors between theoretical knowledge and practical application, upholding professional standards and eliminating room for negligence or subpar performance.
Still, it is crucial to emphasize that liability on their part only arises in cases where indispensable procedures are neglected, or when acts of negligence or gross negligence become evident during the execution of professional duties. Even so, the magnitude of their mistake must surpass ordinary errors, highlighting the severity of the situation.
Professional liability, thus, should only be assigned when there is undeniable proof of gross negligence or willful neglect. This serves to protect professionals from unwarranted blame for unforeseeable circumstances beyond their control. Moreover, it is essential to understand that this perspective is not a subjective viewpoint but a well-established principle enshrined in case law. Over time, these principles have stood the test of scrutiny and have become integral to the legal framework governing professional conduct.
Professionals can, therefore, strengthen their position by demonstrating that the situation in question was considered “unforeseeable” and, or “beyond control,” provided, of course, that they have accurately assigned the appropriate instructions.
Amidst this transitional period, where our regulatory regime still lacks in ensuring that individuals involved in construction works have a comprehensive grasp of fundamental principles like load path and basic materials, along with the ability to comprehend the directives given to them, periti may face challenging situations that continue to be deemed “beyond control” rather than merely “unforeseeable.”
