CHAPTER ONE
INTRODUCTION
1.1BACKGROUD OF STUDY

In the assessment and payment or compensation to claimants by acquiring, authority (local state and federal government) on road construction or compulsorily required sites for public uses, there have been areas of professional negligence b Estate surveyors and valuers and other bodies associated with the project. The acquiring authorities (governments) in most cases have not observed the principles governing proper acquisition or take of over compulsorily acquired from the people in such areas. The authorities’ neglects their duties and obligations and the people are taken for granted. This has brought a lot of disunity misunderstanding and dispute amongst professionals and a1’1cted people, community etc. And it has resulted to accusation in one form or the other such as selling the community’s conscience, bribery and corruption, embezzlement etc. And even over-thrownment of leadership in communities.

The authorities arc expected to visit, access and know the type or time n which the proposed project will be implemented, the nature and type of improvement (development) on the land cultural values or the people and the climatic condition of the area which would serve as aguide as to the development.

Estate Surveyors and Valuers are also involved in professional negligence in the assessment and payment of compensation on compulsorily acquired site for road construction. As government consultant, they are expected to get involved with the government on issues such as how, when, where and what to be done. Professional negligence is also experienced during payments whereby claimants complain of’ not seeing payment vouchers and certificates of’ payment and cannot really agree that the payment has been made.

The consultant or Estate Surveyor is expected to submit documentary returns or payment vouchers certificate to the governments as evidence that payment is concluded.

Again, professional negligence has been traced also to public relation duties. From the inception to the end of any project in which an state Surveyor is involved, the Surveyor serves as a public relations officer. The government consultant should come up with policy statement as to those who should be attorneys to individuals on an acquisition and compensation sites.

1.2 STATEMENT OF THE PROBLEM

The problems are as follows:

1. The non-Estate Surveyors and Valuers represents claimants during assessments. It has been observed that claim agents are engaged in representing people whose properties are affected by compulsory acquisition.
2. During enumeration and assessment of a1icted properties. Surveyors are engaged in gross misconduct. They increase the number of properties (buildings)
3. During payment of compensation, some Surveyors engage in fraudulent practices, payment vouchers; certificates are manipulated in order to cheat their clients.

1.3     RESEARCH QUESTION

The following research questions are raised to guide the study:

1. Do only Estates Surveyors and valuers represent claimants during assessments and payments of compensations’?
2. Is the measurement for several properties including that of the number of enumerated structures and building the actual a figure
3. Is it only Estate Surveyors and Valuers that are involved in the professional negligence in construction projects?

1.4     AIMS AND OBJECTIVE OF THE STUDY

The general aim of the study is to analyze the areas of professional negligence in the assessment and payment of compensation on road dualization:

Specifically, the objectives are:

1. To determine those who represents affected claimants during assessment and payment or compensation on road dualization sites.
2. To determine if it is the actual numbers of structures or buildings affected are recorded.
3. To examine if actually the claimants are paid according to the final assessment figure.
4. To determine if the Estate Surveyors and Valuers are really involved in negligence or not.
5. To examine if gross profit is been made by the professionals involved in the project.
6. To determine whether or not the claimants are also involved in such fraudulent acts.

1.5     SIGNIFICANCE OF THE STUDY

The research will be useful to Estate Surveyors and valuers because it will expose areas of gross professional negligence in compensation payment.

The Nigerian Institution of Estate Surveyors and Valuers will find it very useful in tracing down the fraudsters.

Also, it will be very useful to estate surveyors because it will reduce the stress of competition of non-professionals, it will also be a boom to claimant.

1.6     SCOPE OF THE STUDY

The case study area is restricted to the areas of professional negligence in the assessment and payment of compensation on road dualisation of Akpajo/Elelewon/Oil Mu road.

Akpajo and Elenlewoare primarily residential neighborhood and lbrmer village with minor commercial hubs located within Eleme LGA neighborhood is home to a number of state need media establishment like RSTV and Radio Rivers.

1.7     THE STUDY AREA

The study is restricted to professional negligence in the assessment and payment of compensation or raod construction. Specially at the road that links Akpajo/Elelewon and Oilmill in Rivers State precisely.

1.8     LIMITATION OF THE STUDY

1. Time Frame: The time frame could not he long enough since it was basically for two semesters; it was constrained by lecture hours, assignments, field trips and social activities.
2. Financial Constraints: There as scarcity of’ fund to travel visit to the construction sites and its environs (village). So, the stud as limited to the communities along the road construction sites.
3. Respondents’ Attitude: Some respondents especially the affected claimants in some of the Estate Firms visited were cooperative releasing desired information.