Ethics

You are a city engineer in charge of receiving bids on behalf of the city council. A contractor's bid arrives with two tickets to a professional foot ball game. The bid is the lowest received. What should you do? (A) Return the tickets and accept the bid. (B) Return the tickets and reject the bid. (C) Discard the tickets and accept the bid. (D) Discard the tickets and reject the bid.

(A) Return the tickets and accept the bid.

A tort is (A) a civil wrong committed against another person (B) a section of a legal contract ( C) a legal procedure in which complaints are heard in front of an arbitrator rather than a judge or jury (D) the breach of a contract

(A) a civil wrong committed against another person

Which of the following is an ethics violation specifically included in the NCEES Model Rules? (A) an engineering professor "moonlighting" as a private contractor (B) an engineer investing money in the stock of the company for which he/she works ( C) a civil engineer with little electrical experience signing the plans for an electric generator (D) none of the above

(C) a civil engineer with little electrical experience signing the plans for an electric generator

A material breach of contract occurs when ___________ party fails to perform _______________

A material breach of contract occurs when one party fails to perform the primary purpose of the contract.

moonlighting

Working two jobs

A state licensing board could revoke a professional engineer's license for which of the following: a) evidence of alcoholism b) defaulting on a home mortgage c) issuing public opinions based on facts d) running for a political office

a) evidence of alcoholism

An outstanding professional engineer (PE) in the electrical engineering discipline is also respected as an excellent project manager with good personal skills. They are offered a job as a manager at a consulting firm to supervise a group of PEs in civil, mechanical, electrical, and chemical engineering specializations. Which of these statements about the new manager's licensing is true? a) The engineer must obtain a license in the least one more discipline in order to take the job b) the engineer could take the job without any additional licensure c) the engineer needs to obtain licenses in all disciplines their supervised employees practice d) The law forbids the engineer from taking the job

b) the engineer could take the job without any additional licensure

Liquidated Damages

damages that parties to a contract agree in advance should be paid if the contract is breached Or estimate of otherwise intangible or hard to define loses to one of the parties.

privity of contract

the state of two specified parties being in a contract

9. A relatively new engineering firm is considering running an advertisement for their services in the local newspaper. An ad agency has supplied them with four concepts. Of the four ad concepts, which one( s) would be acceptable from the standpoint of professional ethics? I. an advertisement contrasting their successes over the past year with their nearest competitors' failures II. an advertisement offering a free television to any one who hires them for work valued at over $10,000 III. an advertisement offering to beat the price of any other engineering firm for the same services IV. an advertisement that tastefully depicts their logo against the backdrop of the Golden Gate Bridge (A) I and III (B) I, III, and IV ( C) II, III, and IV (D) neither I, II, III, nor IV

(A) I and III

You and your design group are competing for a multidisciplinary concept project. Your firm is the lead group in the design professional consortium formed to compete for the project. Your consortium has been selected to be the first to enter fee negotiations with the project owner. During negotiations, the amount you have to cut from your fee to be awarded the contract will require dropping one of the consortium members whose staff has special capabilities not found in the staff of the remaining consortium members. Is your consortium response in the negotiations ethical? (A) No, not if the owner is left with the impression that the consortium is still fully qualified to perform all the required tasks. (B) Yes, if your remaining consortium members hire a few new, lower-cost employees to do the special work originally intended to be provided by the consortium member dropped. (C) No, because an engineer may not accept a contract to coordinate a project with other professional firms providing capabilities and services not under the engineer's direct control. (D) Yes, if in accepting an assignment to coordinate a project, a single person will sign and seal all the documents in the entire consortium work.

(A) No, not if the owner is left with the impression that the consortium is still fully qualified to perform all the required tasks.

Which option best describes the contractual lines of privity between parties in a general construction contract? (A) The consulting engineer will have a contractual obligation to the owner but will not have a contractual obligation with the general contractor or the subcontractors. (B) The consulting engineer will have a contractual obligation to the owner and the general contractor. (C) The consulting engineer will have a contractual obligation to the owner, general contractor, and subcontractors. (D) The consulting engineer will have a contractual obligation to the general contractor but will not have a contractual obligation to the owner or subcontractors.

(A) The consulting engineer will have a contractual obligation to the owner but will not have a contractual obligation with the general contractor or the subcontractors. Privity: is a relationship between two parties

If a contract has a value engineering clause and a contractor suggests to the owner that a feature or method be used to reduce the annual maintenance cost of the finished project, what will be the most likely outcome? (A) The contractor will be able to share one time in the owner's expected cost savings. (B) The contractor will be paid a fixed amount (specified by the contract) for making a suggestion, but only if the suggestion is accepted. ( C) The contract amount will be increased by some amount specified in the contract. (D) The contractor will receive an annuity payment over some time period specified in the contract.

(A) The contractor will be able to share one time in the owner's expected cost savings. Value engineering is a process in which contractors suggest changes to the project design or construction methods that can reduce costs without sacrificing quality or performance. If the owner accepts the suggestion and implements it, the contractor may be entitled to share in the cost savings realized by the owner.

An environmental engineer with five years of experience reads a story in the daily paper about a proposal being presented to the city council to construct a new sewage treatment plant near protected wetlands. Based on professional experience and the facts presented in the newspaper, the engineer suspects the plant would be extremely harmful to the local ecosystem. Which of the following would be an acceptable course of action? (A) The engineer should contact appropriate agencies to get more data on the project before making a judgment. (B) The engineer should write an article for the paper's editorial page urging the council not to pass the project. ( C) The engineer should circulate a petition through the community condemning the project, and present the petition to the council. (D) The engineer should do nothing because he doesn't have enough experience in the industry to express a public opinion on the matter.

(A) The engineer should contact appropriate agencies to get more data on the project before making a judgment.

A professional engineer, originally licensed 30 years ago, is asked to act as a consultant on a newly developed computerized control system for a public transportation system. The engineer may accept this project if (A) he or she is competent in the area of modern control systems. (B) his or her professional engineering license has not lapsed. (C) his or her original area of specialization was in transportation systems. (D) he or she has regularly attended annual meetings of a professional engineering society.

(A) he or she is competent in the area of modern control systems.

A registered engineer is retained as an expert witness by one of the parties in a civil case where the public safety is not involved. In investigating the technical data in the case, the engineer makes findings that are not favorable to the side of the party who retained her. The engineer should (A) inform the party who retained her of the findings. (B) inform the judge of the findings. (C) inform the opposing party of the findings. (D) say nothing about the findings until called to testify.

(A) inform the party who retained her of the findings.

Complete the sentence: "A professional engineer who took the licensing examination in mechanical engineering (A) may not design in electrical engineering." (B) may design in electrical engineering if she feels competent." ( C) may design in electrical engineering if she feels competent and the electrical portion of the design is insignificant and incidental to the over all job." (D) may design in electrical engineering if another engineer checks the electrical engineering work."

(A) may not design in electrical engineering."

The National Society of Professional Engineers' (NSPE) Code of Ethics addresses competitive bidding. Which of the following is NOT stipulated? (A) Engineers and their firms may refuse to bid competitively on engineering services. (B) Clients are required to seek competitive bids for design services. (C) Federal laws governing procedures for procuring engineering services (e.g., competitive bidding) remain in full force. (D) Engineers and their societies may actively lobby for legislation that would prohibit competitive bidding for design services.

(B) Clients are required to seek competitive bids for design services.

A registered engineer is being interviewed for television on a matter relating to his expertise that affects the public safety. The interviewer asks a question about the chances for a cure for AIDS. The engineer should (A) express his opinion honestly and completely (B) decline to comment (C) recount what he read in a magazine article on the subject (D) suggest everyone get an AIDS test

(B) decline to comment

A contract has a value engineering clause that allows the parties to share in improvements that reduce cost. The contractor had originally planned to transport concrete on-site for a small pour with motorized wheel bar rows. On the day of the pour, however, a concrete pump is available and is used, substantially reducing the contractor's labor cost for the day. This is an example of (A) value engineering whose benefit will be shared by both contractor and owner (B) efficient methodology whose benefit is to the. contractor only ( C) value engineering whose benefit is t o the owner only (D) cost reduction whose benefit will be shared by both contractor and laborers

(B) efficient methodology whose benefit is to the. contractor only

In which of the following fee structures is a specific sum paid to the engineer for each day spent on the project? (A) salary plus (B) per-diem fee-per day fee ( C) lump-sum fee- is a sum calculated by multiplying the agreed upon fee % by the fixed limit of construction cost (D) cost plus fixed fee

(B) per-diem fee (meaning per day fee) This type of fee structure is often used when the duration of the project is uncertain or when the engineer's involvement is sporadic.

If one is aware that a registered engineer willfully violates a state's rule of professional conduct, one should (A) do nothing (B) report the violation to the state's engneering registration board (C) report the violation to the employer (D) report the violation to the parties it affects

(B) report the violation to the state's engneering registration board

If a contract does not include the boilerplate clause, "Time is of the essence," which of the following is true? (A) It is difficult to recover losses for extra hours billed. (B) Standard industry time guidelines apply. (C) Damages for delay cannot be claimed. (D) Workers need not be paid for downtime in the project.

(C) Damages for delay cannot be claimed.

Under what circumstances can a registered engineer sign and seal plans or documents he/she did not prepare? (A) Registered engineers can coordinate projects that include segments that they are not competent in if a qualified registered engineer signs and seals plans or documents for those segments of the project. (B) Under no circumstances. (C) If the plans or documents were prepared by someone under the registered engineer's direct supervision and the registered engineer is an expert in the subject matter. (D) When practicing in a state different than the one in which the engineer is registered.

(C) If the plans or documents were prepared by someone under the registered engineer's direct supervision and the registered engineer is an expert in the subject matter.

A senior licensed professional engineer with 30 years of experience in geotechnical engineering is placed in charge of a multidisciplinary design team consisting of a structural group, a geotechnical group, and an environmental group. In this role, the engineer is responsible for supervising and coordinating the efforts of the groups when working on large interconnected projects. In order to facilitate coordination, designs are prepared by the groups under the direct supervision of the group leader, and then they are submitted to her for review and approval. This arrangement is ethical as long as (A) the engineer signs and seals each design segment only after being fully briefed by the appropriate group leader (B) the engineer signs and seals only those design segments pertaining to geotechnical engineering (C) each design segment is signed and sealed by the licensed group leader responsible for its preparation (D) the engineer signs and seals each design segment only after it has been reviewed by an independent consulting engineer who specializes in the field in which it pertains

(C) each design segment is signed and sealed by the licensed group leader responsible for its preparation According to engineering ethics and professional practice standards, engineers should only sign and seal documents for which they have direct personal knowledge and control. In this case, the group leaders would have direct personal knowledge and control over the design segments prepared by their respective groups, so they would be the appropriate individuals to sign and seal those documents.

After making a presentation for an international project, an engineer is told by a foreign official that his company will be awarded the contract, but only if it hires the official's brother as an advisor to the project. The engineer sees this as a form of extortion and informs his boss. His boss tells him that, while it might be illegal in the United States, it is a customary and legal business practice in the foreign country. The boss impresses upon the engineer the importance of getting the project but leaves the details up to the engineer. What should the engineer do? (A) He should hire the official's brother but insist that he perform some useful function for his salary. (B) He should check with other companies doing business in the country in question, and if they routinely hire relatives of government officials to secure work, then he should do so too. (C) He should withdraw his company from consideration for the project. (D) He should inform the government official that his company will not hire the official's brother as a precondition for being awarded the contract but invite the brother to submit an application for employment with the company.

(D) He should inform the government official that his company will not hire the official's brother as a precondition for being awarded the contract but invite the brother to submit an application for employment with the company.

Which statement is true regarding the legality and enforceability of contracts? (A) For a contract to be enforceable, it must be in writing. (B) A contract to perform illegal activity will still be enforced by a court. (C) A contract must include a purchase order. (D) Mutual agreement of all parties must be evident.

(D) Mutual agreement of all parties must be evident.

A registered engineer has applied for a promotion at a firm she has been working at for several years. During an interview for the new position, she is asked to contrast her qualifications with other registered engineers at the firm who have applied for the same position. She should (A) withdraw her application for the position. (B) give a full accounting of all the ways her ability and experience are superior to those of the other applicants. (C) demand to speak to the interviewer's supervisor. (D) decline to compare her qualifications but offer to describe them.

(D) decline to compare her qualifications but offer to describe them

Engineering Firm X holds professional services contracts with private companies Y and Z. The project work at Firm X has exceeded the budget for Company Y and Supervisor A directs Engineer B to change future time to the budget of Company Z, which is well under budget. Select all of the following that would be considered ethical approaches for Engineer B 1) charge time as direct to Company Z 2) Charge time to Company Y and ignore Supervisor A's directive 3) Charge time to Company Y and communicate concerns about incorrectly charging time to supervisor A and firm principals if the directive does not change 4)If convinced that Supervisor A and Firm X are acting unethically, document the process, resign from Firm X, and report the unethical practices 5)Contact companies Y and Z to suggest transferring the contracts from Firm X directly to Engineer B due to internal ethical concerns with billing and misappropriation of funds 6) notify the press

3) Charge time to Company Y and communicate concerns about incorrectly charging time to supervisor A and firm principals if the directive does not change 4)If convinced that Supervisor A and Firm X are acting unethically, document the process, resign from Firm X, and report the unethical practices

What does Tort mean?

A civil wrong a civil wrong committed against another person

When would a lump-sum fee occur?

A lump-sum fee occurs when a fixed amount is agreed upon for the completion of a project or a specific scope of work. This type of fee structure is often used when the scope of work is well-defined and the project duration and costs can be accurately estimated. The lump-sum fee is typically paid in installments as the project progresses, with the final payment made upon completion.

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

An engineer is retained to perform an inspection of asphalt on a bridge. During the inspection, the engineer notices a potential defect in a structural wall that may have contributed to a fatal accident that occur on the bridge in the past year. The engineer notes this information in his field notes and then notifies his client of the potential defect. The client then notifies the public agency that owns the bridge. At the request of the public agency, the engineer does not include the information about the wall in his final report on the asphalt inspection, but the engineer does retain the information in his field notes. Which of the following statements best captures the ethical considerations presented? A) the engineer acted ethically as the potential defect was raised to the appropriate parties for further consideration, but was not included in the report since it was speculation and not based on actual design calculations, testing or evaluation by a competent professional B) The engineer acted ethically to notify the agencies, but not acted unethically in not including the potential wall defect in the final report as this information should be documented to ensure further evaluation is performed. C) the engineer acted unethically by not performing further analysis of the potential defect to determine the adequacy of the bridge D) The engineer acted unethically since ignoring the potential defect and leaving it out of the report could jeopardize the health, safety, or welfare of the public and the engineer has and to document the potential defect to appropriate legal authorities.

A) the engineer acted ethically as the potential defect was raised to the appropriate parties for further consideration, but was not included in the report since it was speculation and not based on actual design calculations, testing or evaluation by a competent professional

An engineer is consulting for a construction company that has been receiving bad publicity in the local papers about its waste-handling practices. Knowing that this criticism is based on public misperceptions and the paper's thirst for controversial stories, the engineer would like to write an article to be printed in the paper's editorial page. What statement best describes the engineer's ethical obligations? (A) The engineer's relationship with the company makes it unethical for him to take any public action on its behalf. (B) The engineer should request that a local representative of the engineering registration board review the data and write the article in order that an impartial point of view be presented. (C) As long as the article is objective and truthful and presents all relevant information including the engineer's professional credentials, ethical obligations have been satisfied. (D) The article must be objective and truthful, present all relevant information including the engineer's professional credentials, and disclose all details of the engineer's affiliation with the company.

C) As long as the article is objective and truthful and presents all relevant information including the engineer's professional credentials, ethical obligations have been satisfied.

What must be proven for damages to be collected from a strict liability in tort? (A) that willful negligence caused an injury (B) that willful or unwilful negligence caused an injury (C) that the manufacturer knew about a product defect before the product was released (D) None of the above

None of the above In a strict liability case, the plaintiff (the person filing a personal injury lawsuit)

Exemplary Damages

Punitive damages. Monetary compensation in excess of direct losses suffered by the plaintiff that may be awarded in intentional tort cases where the defendant's conduct deserves punishment.

Experience requirements that must be satisfied for individuals seeking professional Licensure typically include all the following except: a) eight years of progressive experience for students that graduated from an EAC/ABET-accredited engineering program with a qualifying associates degree b) four years of progressive experience for students that graduated from an AC/ABET-accredited engineering program with a qualifying bachelor's degree c) three years of progressive experience for students that graduated from an AC/ABET-accredited engineering program with a qualifying master's degree d) two years of progressive experience for students that graduated with a qualifying doctoral degree in engineering.

a) eight years of progressive experience for students that graduated from an EAC/ABET-accredited engineering program with a qualifying associate degree

A professional engineer is the principal at an engineering company and has multiple designers and engineers working on a project. Based on the Model Code of Ethics, select all of the instances where it is appropriate for the engineer to sign, and seals plans associated with the project. a) the engineer may sign and seal plans which he personally prepared and did the design b) the engineer may sign and deal with plans if the design was developed by employees of his firm if a general review is performed. c) the engineer may sign and seal drawings prepared by other professional engineers that are working under his direct supervision and responsible charge and are reviewed in detail d)The engineer may sign and seal plans prepared by other unlicensed designers that are working under his direct supervision and responsible charge and are reviewed in detail. e) the engineer may sign and seal drawings for the coordination of multiple disciplines if each technical segment is signed and sealed by a licensee responsible for the respective technical segments .

a) the engineer may sign and seal plans which he personally prepared and did the design c) the engineer may sign and seal drawings prepared by other professional engineers that are working under his direct supervision and responsible charge and are reviewed in detail d)The engineer may sign and seal plans prepared by other unlicensed designers that are working under his direct supervision and responsible charge and are reviewed in detail. e) the engineer may sign and seal drawings for the coordination of multiple disciplines if each technical segment is signed and sealed by a licensee responsible for the respective technical segments

Obtaining a professional engineering license in a given state indicates which of the following a) the licensee is minimally qualified to practice engineering b) the licensee is an expert in their respective field of examination c) the licensee may accept professional services contracts only for which they are insured d) the licensee is qualified to perform each assignment provided by his employer

a) the licensee is minimally qualified to practice engineering

If an engineering licensee's professional judgement is overruled by their employer under circumstances in which the health, safety, or welfare of the public is endangered, it is the licensee's obligation to the public to notify a) their employer and such other authorities as may be appropriate b) their employer only c) their licensing board d) the carrier of their professional liability insurance policy

a) their employer and such other authorities as may be appropriate

The three main requirements necessary for a valid contract are typically: a) design, bid, build b) offer, acceptance, consideration c) design, solicitation, bid d) solicitation, offer, build

b) offer, acceptance, consideration

An engineer is retained to perform a routine mine inspection. Upon arriving at the site, the engineer realized he forgot his safety boots and will be unable to enter the mine to perform the inspection. Due to the remote nature of the site, the mining company routinely provides visitors to the site with required personal protection equipment including boots for use at the site. The engineer recognized that accepting the boots will violate his company's code of ethics since the company prohibits accepting gifts that have a value of more than $100. Select all of the following approaches that would be considered ethical a) The engineer may accept the boots and is not obligated to notify his employer as the boots are nominally more than 100. By accepting the boots, the engineer will avoid costs associated with delaying the inspection, resulting in a net saving to the company. b) the engineer may accept the boots and is obligated to notify his employer since the boots are more than 100 thresholds set by the company c) the engineer may use the boots and return them after the inspection. the engineer is not obligated to notify his employer since the boots were used and returned. d) the engineer may decline the boots and request that the inspection be postponed e) the engineer is not obligated to disclose his forgetting his boots and should postpone the inspection without the need for future explanation

b) the engineer may accept the boots and is obligated to notify his employer since the boots are more than 100 thresholds set by the company c) the engineer may use the boots and return them after the inspection. the engineer is not obligated to notify his employer since the boots were used and returned. d) the engineer may decline the boots and request that the inspection be postponed

Engineer A was the primary engineer with direct control for a design of a project at Firm X. When the project was in final review, essentially complete, Engineer A left to work at Firm Y. Prior to leaving Engineer A did not sign or seal the drawing as the design was not fully complete. A principal from Firm X ask Engineer A to sign and seal the drawings. An ethical response for Engineer A would be. a) to ignore the request as he has no obligation to the former employer b) to refuse to sign and seal the drawing as he no longer works at firm X and is no longer in direct control of the design c) to request a nominal fee to review the final changes and to sign and seal the drawings d) to request that the contract be transferred to his new firm due to professional liability concerns.

c) to request a nominal fee to review the final changes and to sign and seal the drawings

The profession of engineering requires all the following except: a) special knowledge b) special privileges c) special responsibilities d) special powers

d) special powers top of page 4 in handbook

What type of damages is paid when responsibility is proven but the injury is slight or insignificant? (A) nominal (B) liquidated (C) compensatory (D) exemplary

nominal Nominal damages are a small sum of money awarded to the plaintiff to acknowledge that a legal wrong has been committed, even if the plaintiff did not suffer any significant harm or loss.

A material breach of contract occurs when the (A) contractor uses material not approved by the contract for use (B) contractor's material order arrives late (C) owner becomes insolvent (D) contractor installs a feature incorrectly

owner becomes insolvent Insolvency is a state in which an individual or business entity no longer has the capability to meet his/her/its financial obligations such as debts and bills as they become due.

An engineer's first obligation is always to society. This obligation takes precedence over all others. A registered engineer's obligations to society are summarized as follows:

• Be a guardian of the public safety. • Submit truthful and complete reports, statements, and testimonies. • Don't abuse credibility. • Don't be involved in fraud. • Inform state board of possible ethics violations.

A registered engineer's obligation to other registrants is less important than the obligation to society. Where there is a conflict, the interests of society (especially as regards safety) take precedence. A registered engineer's obligations to other registrants are summarized as follows:

• Don't falsely represent one's qualifications or the qualifications of associates. • Don't solicit, accept, or give anything of value to secure work. • Don't give a political contribution to influence the award of a contract by a public authority. • Don't try to damage the careers of other registrants falsely. There are specific circumstances where one can act against another registrant's career without it being a violation of this obligation. These circumstances are summarized as follows: - When one registrant has reason to suspect something another registrant has done, or will do, threatens the public safety. - When one registrant has reason to suspect another registrant has violated, or will violate, their ethical code. - When one registrant has reason to suspect another registrant has committed, or will commit, fraud.

Registered engineers' obligations to employers or clients are secondary to their obligation to society. Where there is a conflict, the interests of society (especially regarding safety) take precedence. Obligations to employers or clients are summarized as follows:

• Only accept assignments the engineer is qualified to complete. • Don't sign and seal plans or documents on something the engineer is not competent in, or that were not prepared under his/her direct supervision. • Coordinate projects that include segments in which they are not competent only if a qualified registered engineer signs and seals plans and documents for those segments of the project. • Protect facts, data, and information belonging to the employer or client. • Don't accept anything of value for work from any other parties except the employer or client, unless agreed to by all parties. • Make prior disclosure of any actual or perceived conflicts of interest. • Don't contract with a government body if a member of the engineer's organization has influence on the government body's contracting decisions. Conversely, if the engineer is part of a government body and can influence contracting decisions, the engineer should not contract with any outside organization to which he/she belongs.