Ethic Assignment 2020

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American Institute of Constructors

Ethics is at the center of being a Professional Constructor. Having individuals who share a common

ethical standard is essential for the construction industry. The AIC asks that all AIC Members, ACs and

CPCs to commit to the following AIC Constructor Code of Ethics.

AIC Code of Ethics for Constructors

The construction profession relies upon a system of ethical competence, management excellence, and

fair dealing in undertaking complex works to serve the public with safety, efficiency, and economy. The

members of the American Institute of Constructors are committed to the following Standards of

Professional Conduct:

 A Constructor shall have full regard to the public interest in fulfilling his or her responsibilities to

the employer or client.

 A Constructor shall not engage in any deceptive practice, or in any practice which creates an

unfair advantage for the Constructor or another.

 A Constructor shall not maliciously or recklessly injure or attempt to injure, whether directly or

indirectly, the professional reputation of others.

 A Constructor shall ensure that when providing a service which includes advice, such advice shall

be fair and unbiased.

 A Constructor shall not divulge to any person, firm, or company, information of a confidential

nature acquired during the course of professional activities.

 A Constructor shall carry out responsibilities in accordance with current professional practice, so

far as it lies within his or her power.

 A Constructor shall keep informed of new thought and development in the construction process

appropriate to the type and level of his or her responsibilities and shall support research and the

educational processes associated with the construction profession.

Code of Ethics1

Fundamental Principles2

Engineers uphold and advance the integrity, honor and dignity of the
engineering profession by:

1. using their knowledge and skill for the enhancement of human welfare
and the environment;

2. being honest and impartial and serving with fidelity the public, their
employers and clients;

3. striving to increase the competence and prestige of the engineering
profession; and

4. supporting the professional and technical societies of their disciplines.

Fundamental Canons

1. Engineers shall hold paramount the safety, health and welfare of the
public and shall strive to comply with the principles of sustainable
development3 in the performance of their professional duties.

2. Engineers shall perform services only in areas of their competence.
3. Engineers shall issue public statements only in an objective and

truthful manner.
4. Engineers shall act in professional matters for each employer or client

as faithful agents or trustees, and shall avoid conflicts of interest.
5. Engineers shall build their professional reputation on the merit of their

services and shall not compete unfairly with others.
6. Engineers shall act in such a manner as to uphold and enhance the

honor, integrity, and dignity of the engineering profession and shall act
with zero-tolerance for bribery, fraud, and corruption.

7. Engineers shall continue their professional development throughout
their careers, and shall provide opportunities for the professional
development of those engineers under their supervision.

Guidelines to Practice Under the Fundamental Canons of Ethics

CANON 1.
Engineers shall hold paramount the safety, health and welfare of the public
and shall strive to comply with the principles of sustainable development in
the performance of their professional duties.

a. Engineers shall recognize that the lives, safety, health and welfare of
the general public are dependent upon engineering judgments,
decisions and practices incorporated into structures, machines,
products, processes and devices.

b. Engineers shall approve or seal only those design documents,
reviewed or prepared by them, which are determined to be safe for
public health and welfare in conformity with accepted engineering
standards.

c. Engineers whose professional judgment is overruled under
circumstances where the safety, health and welfare of the public are
endangered, or the principles of sustainable development ignored,
shall inform their clients or employers of the possible consequences.

d. Engineers who have knowledge or reason to believe that another
person or firm may be in violation of any of the provisions of Canon 1
shall present such information to the proper authority in writing and
shall cooperate with the proper authority in furnishing such further
information or assistance as may be required.

e. Engineers should seek opportunities to be of constructive service in
civic affairs and work for the advancement of the safety, health and
well-being of their communities, and the protection of the environment
through the practice of sustainable development.

f. Engineers should be committed to improving the environment by
adherence to the principles of sustainable development so as to
enhance the quality of life of the general public.

CANON 2.
Engineers shall perform services only in areas of their competence.

a. Engineers shall undertake to perform engineering assignments only
when qualified by education or experience in the technical field of
engineering involved.

b. Engineers may accept an assignment requiring education or
experience outside of their own fields of competence, provided their
services are restricted to those phases of the project in which they are

qualified. All other phases of such project shall be performed by
qualified associates, consultants, or employees.

c. Engineers shall not affix their signatures or seals to any engineering
plan or document dealing with subject matter in which they lack
competence by virtue of education or experience or to any such plan
or document not reviewed or prepared under their supervisory control.

CANON 3.
Engineers shall issue public statements only in an objective and truthful
manner.

a. Engineers should endeavor to extend the public knowledge of
engineering and sustainable development, and shall not participate in
the dissemination of untrue, unfair or exaggerated statements
regarding engineering.

b. Engineers shall be objective and truthful in professional reports,
statements, or testimony. They shall include all relevant and pertinent
information in such reports, statements, or testimony.

c. Engineers, when serving as expert witnesses, shall express an
engineering opinion only when it is founded upon adequate knowledge
of the facts, upon a background of technical competence, and upon
honest conviction.

d. Engineers shall issue no statements, criticisms, or arguments on
engineering matters which are inspired or paid for by interested
parties, unless they indicate on whose behalf the statements are
made.

e. Engineers shall be dignified and modest in explaining their work and
merit, and will avoid any act tending to promote their own interests at
the expense of the integrity, honor and dignity of the profession.

CANON 4.
Engineers shall act in professional matters for each employer or client as
faithful agents or trustees, and shall avoid conflicts of interest.

a. Engineers shall avoid all known or potential conflicts of interest with
their employers or clients and shall promptly inform their employers or
clients of any business association, interests, or circumstances which
could influence their judgment or the quality of their services.

b. Engineers shall not accept compensation from more than one party for
services on the same project, or for services pertaining to the same
project, unless the circumstances are fully disclosed to and agreed to,
by all interested parties.

c. Engineers shall not solicit or accept gratuities, directly or indirectly,
from contractors, their agents, or other parties dealing with their
clients or employers in connection with work for which they are
responsible.

d. Engineers in public service as members, advisors, or employees of a
governmental body or department shall not participate in
considerations or actions with respect to services solicited or provided
by them or their organization in private or public engineering practice.

e. Engineers shall advise their employers or clients when, as a result of
their studies, they believe a project will not be successful.

f. Engineers shall not use confidential information coming to them in the
course of their assignments as a means of making personal profit if
such action is adverse to the interests of their clients, employers or
the public.

g. Engineers shall not accept professional employment outside of their
regular work or interest without the knowledge of their employers.

CANON 5.
Engineers shall build their professional reputation on the merit of their
services and shall not compete unfairly with others.

a. Engineers shall not give, solicit or receive either directly or indirectly,
any political contribution, gratuity, or unlawful consideration in order
to secure work, exclusive of securing salaried positions through
employment agencies.

b. Engineers should negotiate contracts for professional services fairly
and on the basis of demonstrated competence and qualifications for
the type of professional service required.

c. Engineers may request, propose or accept professional commissions
on a contingent basis only under circumstances in which their
professional judgments would not be compromised.

d. Engineers shall not falsify or permit misrepresentation of their
academic or professional qualifications or experience.

e. Engineers shall give proper credit for engineering work to those to
whom credit is due, and shall recognize the proprietary interests of
others. Whenever possible, they shall name the person or persons who
may be responsible for designs, inventions, writings or other
accomplishments.

f. Engineers may advertise professional services in a way that does not
contain misleading language or is in any other manner derogatory to
the dignity of the profession. Examples of permissible advertising are
as follows:

o Professional cards in recognized, dignified publications, and
listings in rosters or directories published by responsible
organizations, provided that the cards or listings are consistent
in size and content and are in a section of the publication
regularly devoted to such professional cards.

o Brochures which factually describe experience, facilities,
personnel and capacity to render service, providing they are not
misleading with respect to the engineer’s participation in projects
described.

o Display advertising in recognized dignified business and
professional publications, providing it is factual and is not
misleading with respect to the engineer’s extent of participation
in projects described.

o A statement of the engineers’ names or the name of the firm and
statement of the type of service posted on projects for which
they render services.

o Preparation or authorization of descriptive articles for the lay or
technical press, which are factual and dignified. Such articles
shall not imply anything more than direct participation in the
project described.

o Permission by engineers for their names to be used in
commercial advertisements, such as may be published by
contractors, material suppliers, etc., only by means of a modest,
dignified notation acknowledging the engineers’ participation in
the project described. Such permission shall not include public
endorsement of proprietary products.

g. Engineers shall not maliciously or falsely, directly or indirectly, injure
the professional reputation, prospects, practice or employment of
another engineer or indiscriminately criticize another’s work.

h. Engineers shall not use equipment, supplies, laboratory or office
facilities of their employers to carry on outside private practice without
the consent of their employers.

CANON 6.
Engineers shall act in such a manner as to uphold and enhance the honor,
integrity, and dignity of the engineering profession and shall act with zero-
tolerance for bribery, fraud, and corruption.

a. Engineers shall not knowingly engage in business or professional

practices of a fraudulent, dishonest or unethical nature.
b. Engineers shall be scrupulously honest in their control and spending of

monies, and promote effective use of resources through open, honest

and impartial service with fidelity to the public, employers, associates
and clients.

c. Engineers shall act with zero-tolerance for bribery, fraud, and
corruption in all engineering or construction activities in which they are
engaged.

d. Engineers should be especially vigilant to maintain appropriate ethical
behavior where payments of gratuities or bribes are institutionalized
practices.

e. Engineers should strive for transparency in the procurement and
execution of projects. Transparency includes disclosure of names,
addresses, purposes, and fees or commissions paid for all agents
facilitating projects.

f. Engineers should encourage the use of certifications specifying zero-
tolerance for bribery, fraud, and corruption in all contracts.

CANON 7.
Engineers shall continue their professional development throughout their
careers, and shall provide opportunities for the professional development of
those engineers under their supervision.

a. Engineers should keep current in their specialty fields by engaging in
professional practice, participating in continuing education courses,
reading in the technical literature, and attending professional meetings
and seminars.

b. Engineers should encourage their engineering employees to become
registered at the earliest possible date.

c. Engineers should encourage engineering employees to attend and
present papers at professional and technical society meetings.

d. Engineers shall uphold the principle of mutually satisfying relationships
between employers and employees with respect to terms of
employment including professional grade descriptions, salary ranges,
and fringe benefits.

1 The Society’s Code of Ethics was adopted on September 2, 1914 and was most recently
amended on July 23, 2006. Pursuant to the Society’s Bylaws, it is the duty of every Society
member to report promptly to the Committee on Professional Conduct any observed
violation of the Code of Ethics.

2 In April 1975, the ASCE Board of Direction adopted the fundamental principles of the Code
of Ethics of Engineers as accepted by the Accreditation Board for Engineering and
Technology, Inc. (ABET).

3 In October 2009, the ASCE Board of Direction adopted the following definition of
Sustainable Development: “Sustainable Development is the process of applying natural,
human, and economic resources to enhance the safety, welfare, and quality of life for all of
the society while maintaining the availability of the remaining natural resources.”

CNST4335 – Construction Management II

Ethics Assignment

Ethics is a cornerstone of professional construction practice. This assignment is to help students to gain a better understanding of ethics standards through a real-life case study. This assignment is also an assessment of your written communication skills. Please take the time to write well to ensure a high grade.

Instruction

Read the attached Ethic Case Study and reference any code of ethics adopted by any professional or trades organization to answer the following questions:

Q1. What is the main ethical issue in the case study? Describe any circumstances to help the reader to fully appreciate the issue.

Q

2

. What caused the issue/problem in the first place?

Q3. Imagine you were one of the paving contractors and were asked to participate again in the complementary bidding.

What will you do? Explain your reasons.

1. You will agree to participate with the understanding that each contractor has its fair turn to receive awards in future projects.

2. You will decline to participate and you will prepare your bid independently.

3. You will decline to participate and report the complimentary bidding practice to the client, i.e. the state agency

Q4. Discuss your rationale for declining the other option.

Evaluation

/1.5

Criteria

points

I. Technical Merit (7 points)

· Q1 & Q2 (300 words minimum)

/3

· Q3 & Q4 (500 words minimum)

/4

II. Writing skill (3 points)

· Use of appropriate grammar, spelling, and MLA format (see sample in Blackboard)

/1.5

· Logic structure & development of ideas

TOTAL

/10pt

Deadline: Please submit your solution in Blackboard (click “Ethics Assignment” link on the left navigation menu) prior to the due date.

Complementary Bidding in Construction Projects

SITUATION:

Several paving contractors in two southern states participated in an anticompetitive scheme known as complementary bidding or bid rigging. Prospective competitors on a particular paving contract would select a “winning” bidder amongst themselves. The designated contractor would submit its bid for the project, while the other contractors would knowingly submit bids having a higher dollar amount or containing terms the contractors knew would be unacceptable to the state entity letting the contract. The scheme would thus create the illusion of a competitive bidding process while ensuring that a particular paving contractor ultimately received the contract award.

2

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