Ethics

What clause must be included in order to recover damages due to delay

"time is of the essence"

What is a tort

-a civil wrong committed against another person or their property that results in some form of damages -usually resolved through lawsuits

In the event of an ethical conflict, to whom does the engineer hold the least ethical responsibility? a) The employer b) The client c) The consumer d) Society

a) The employer -we have most ethical responsibility to society (aka, the consumer) & least to our employer

The engineering professor w/ the PE licenses & 22 yrs of experience in engineering education is asked to consult on a bldg design. Can the professor accept this request? a) Yes, but they should review / comment only on those portions of the project in which they are qualified by education & experience b) Yes, the professor is a subject matter expert & as such should be filly confident to review the design c) Yes, as a licensed PE the prof has demonstrated competency in engineering & may review the dwgs d) No, there's a tremendous diff b/w work & academia; the review should be conducted by a practicing engineer

a) Yes, but they should review / comment only on those portions of the project in which they are qualified by education & experience -only work in what you're qualified & experienced in

Which of the following is an ethical violation specifically included in the NCEES model rules: a) An engineer professor moonlighting as a private contractor b) An engineer investing money in the stock of the company that they work c) The civil engineer w/ little electrical experience signing the plans of an electric generator d) None of the above

c) The civil engineer w/ little electrical experience signing the plans of an electric generator

Ethics is best defined as: a) A philosophical concept dealing w/ moral conduct b) A set of standards establishing right & wrong actions c) Rules that describe your duties to society & to your fellow professionals d) Guidelines that help you make decisions e) All of the above

e) All of the above

What does reciprocity mean?

-Reciprocity is a term that describes the process by which one state may honor an engineer's professional engineering license from another state -a commonly used synonym for it is COMITY (think "community" of engineers)

What is a per-diem fee structure?

-a specific sum is paid to the engineer for each day spent on the project

What's covered by the value engineering clause of a contract

-changes to a structure's performance, safety, appearance, or maintenance that benefit the owner in the long run -normally the contractor is able to share in a cost savings of some manner by receiving a payment or credit to the contract

Are clients required to seek competitive bids for design services?

-no -many eng societies actually discourage the use of bidding to procure design bc it's believed to result in lower-quality construction

What type of damages is paid when responsibility is proven but the injury is slight or insignificant?

-nominal damages -these are awarded for inconsequential injuries

What best describes the contractual lines of privity b/w parties in a general construction contract?

-the consulting engineer will have a contractual obligation to the owner, but not w/ the general contractor of subs -although the eng will work closely w/ the contractor during construction phase

Who does efficient methodology benefit during construction?

-the contractor -on the other hand, value engineering benefits / affects the owner bc it has longer lasting affects

A material breach of contract occurs when

-the owner becomes insolvent (aka, bankrupt) -a material breach is a significant event that is grounds for cancelling the contract entirely

Extortion

-the practice of obtaining something, especially money, through force or threats -ex from Lindeburg: hiring the official's brother as a precondition for being awarded a contract

Which organization provides the authority for the private practice of engineering?

-the state in which the engineer lives -NCEES - writes the exams used by the states -ABET (Accreditation Board for Engineering & Technology) accredits 4-yr degree programs

A contract is legally binding if:

1) It's established for a legal purpose 2) It contains mutual agreement by all parties 3) It has consideration, or an exchange of something of value (ie, a service for a fee) (but it doesn't have to just be money) 4) It doesn't obligate parties to perform illegal activity 5) It's not b/w parties that are mentally incompetent, minors, or otherwise don't have the power to enter into the contract

An environmental engineer w/ 5 yrs 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 a protected wetland. Based on professional experience & 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 contacts appropriate agencies to get more data on the project before making a judgement B) They should choose to write an article for the paper editorial page, urging the council not to pass the project C) The engineer should circulate a petition for condemning the project & present the petition to the council D) The engineer should do nothing bc they don'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 judgement

What is an indemnity clause?

An indemnity clause is a contractual clause that provides protection for one party from certain liabilities (losses or damages) during a construction project -typically provides protection or holdling harmless a specific party from liabilities caused by the others

What must be proven for damages to be collected in a strict liability tort?

It must be proven that a product defect caused an injury -negligence does NOT need to be proven, nor must the manufacturer need to know ab the defect before release

You're a city engineer receiving bids on behalf of the city council. The contractor's bid arrives w/ 2 tix to a pro football game. The bid is the lowest received of all the bids. What should you do? a) Return the tix & accept the bid b) Return the tix & reject the bid c) Discard the tix & accept the bid d) Discard the tix & reject the bid

a) Return the tix & accept the bid -they were the lowest bidder so have to abide by that -but cannot take bribes

Which of the following is not an ethical violation? a) Designing a product to fail in a specified no. of years b) Charging a premium for a superior product c) Using proceeds from one product in order to sell another product below fair market price d) All of the above

b) Charding a premium for a superior product -if you are presenting 2 options, it's fair to charge more for the better one -there's a diff b/w designing something to fail in a certain amt of yrs vs. designing it to last its design life -(a) is unethical bc you could design a product to last 2 yrs + 1 day bc the warranty lasts 2 yrs

When may PE's make political donations? a) At no time b) Only if it's not for current, past or future influence c) Only if all donations are made as an individual & do not represent a firm / entity d) Only below specific amts

b) Only if it's not for current, past or future influence -not (c) bc firms can make donations too

If one is aware that a registered engineer willfully violates a state rule of professional conduct, one should: a) Do nothing b) Report the violation to the state's engineering registration board c) Report the violate to the employer d) Report the violate to the parties it affects

b) Report the violation to the state's engineering registration board

Which of the following is not always an ethical violation? a) Signing plans / blueprints w/out having 1st designed & / or checked the plans b) Revealing confidential info ab a product w/out 1/st obtaining permission c) Granting a contract to a comp for which the professional is an officer, while concurrently serving on the board issuing the grants d) Any individual accepting fees from contractors hired for a project

b) Revealing confidential info ab a product w/out 1st obtaining permission -protecting the public comes first -the wording of (d) is confusing , but it means accepting fees to get a job - aka, a bribe

Complete the sentence: if you check the calcs for a licensed registered PE friend who has gone into a consulting engineering business, you should: a) Be paid for your work b) Your friend's client should be told of your involvement c) You do not need to be licensed or registered yourself d) Your friend assumes all the liability for your work

b) Your friend's client should be told of your involvement -whether you are paid or not is b/w your friend (mutually agreeable contract) -both of you need to be licensed & both of you can be held liable for your work -the client has the right to know who worked on the design. If it's your friend, you have an obligation to notify the client -bc want to avoid personal conflicts of interest -be upfront & open ab everything to everyone

What term best describes the reason that engineers working for some companies do not need to be licensed as professional engineers? a) Commercial exclusion b) Corporate oversight c) Industrial exemption d) Caveat Emptor

c - industrial exemption -states have various laws, commonly referred to as "industrial exemptions" that allow engineers to work in the industry w/out being licensed

Jim is a PE working for an HVAC designer, who often specifies compressors & other equipment for clients. He reports to Joan, the VP of engineering. Jim specifies for compressors from several diff manufacturers & suppliers based on the technical specifications & honest experience w those projects over the past years. Joan's longtime friend Charlie, who's been working in technical sales, takes a new job w one of the compressor suppliers that Jim deals w/ from time to time. Charlie calls Joan to lunch to discuss a new lien of high-efficiency compressors. Joan invites Jim along, he should: a) Decline to attend the lunch, citing concerns ab conflict of interest b) Attend a lunch but insist on paying for his own meal c) Agree to attend the lunch & learn ab the new line of compressors d) Report Joan to the state board & never specify compressors from that supplier again

c) Agree to attend the lunch & learn ab the new line of compressors -as long as the lunch is reasonably priced, there's nothing wrong w it - basically a lunch & learn -would be diff if it was a week long, $10k hunting trip

Victor is a consulting engineer who is in charge of a crew that provides land surveying & subdivision design services for potential developers. He has been contacted to provide a survey on a 14-acre track where a new local developer is contemplating a subdivision. He realizes that his crew has surveyed the same track last month, for another developer who has abandoned the project. Victor will do the same survey but change the title block for the new client. How should he go about billing? a) Bill the new client the same as he billed the original client to be fair b) Bill the new client half the amt he billed the original client c) Bill the new client only for any work he did to change the drawings & reprint them d) Provide the new client w/ drawings, free of charge

c) Bill the new client only for any work he did to change the drawings & reprint them -it's illegal to bill 2 separate ppl for the same work

A senior licensed PE w/ 30 yrs experience in geotechnical engineering is place in charge of a multi-discipline design team consisting of a structural group, a geotechnical group, & an environmental group. In this role, the engineer's responsible for supervising & coordinating efforts for the group when working on a large interconnected project. In order to facilitate coordination designs prepared by the groups under the direct supervision of the group leaders, the designs are submitted to the 30-yr experienced engineer to review approval. This arrangement is ethical as long as: a) The engineer signs & seals each design segment, only after being fully briefed by the appropriate group leader b) The engineer signs, seals & delivers the drawing segments pertaining to geotechnical engineering c) Each design segment is signed & sealed by the licensed group leader responsible for the preparation d) The engineer signs & seals each drawing 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 & sealed by the licensed group leader responsible for the preparation -only the PE who is intimately familiar w the design should stamp it -need to know all of the decisions design steps that went into it

Some PE designs industrial generation equipment. They're working on a system that incinerates toxic waste - using advanced technology that uses high temps & chemical-specific catalyst systems that maintain a risk to the environment. Workers hold a vote to address questions of safety & environmental risk posed by the project. William is briefed by the corporate VP ab how to handle questions from the public. He is told to project an air of technical competence, pt out that his firm is an industrial leader w/ many worldwide-successful projects & to describe the project system as one w/ zero risk to the public. a) You should follow the instructions of the VP b) Insist that the old suit is adequate bc he refuses to appear more successful than he really is, but follow the other instructions c) Follow the instructions, except use the term "minimal" risk rather than "zero" d) Present this to an employer who won't tell him to fix it for the public

c) Follow instructions, except use the term "minimal" rather than "zero" -you gotta be truthful; engineers are ethically bound to be truthful & factual

Who owns the rights to inventions that arise during work for a client if no prior specifications regarding inventions are made? a) The inventor b) The inventor's company c) The client d) The state

c) The client -if you're working for a client, you would not have made the invention if you werent working for them who was paying you while working for them -an agreement needs to be in place b4 so the inventor gets a piece

Complete the sentence: A PE who took the licensing exam in mechanical engineering: a) May not design the electrical engineering b) May design an electrical engineering system if they feel confident c) b+ if the electrical engineering portion is insignificant & incidental to the job d) May design the electrical engineering system if another engineer checks the work

c) b+ if the electrical engineering portion is insignificant & incidental to the job -a is the failsafe answer (stick to this in real life)

Jeff is a registered PE mechanical eng assigned to a project to manage a new transmission line project. He's tasked to build a project team to include civi eng's, EITs, that are responsible for designing the structure of a 7.6 mile high tension transmission line consisting of steel towers, aluminum conductors, in an existing right of way. He realizes the foundation design & sole mechanics will be an important technical area for this project, and he has never studied these subjects. He wonders if he is qualified to supervise the project. He should: a) Meet w/ the supervisor & decline the assignment b) Decline the assignment & contact the state board to report that he is being asked to take responsibilities for tasks that he knows nothing about c) Accept the assignment & check-out an inductor book from the library & study it d) Accept the assignment & be sure his team includes licensed engineers w/ experience in the field

d) Accept the assignment & be sure his team includes licensed engineers w/ experience in the field -always need experts in the field

Ford Motor Co. has millions of dollars from individuals injured & killed in crashes of a Ford Pinto, which has a fuel tank & fill system that is sometimes ruptured in rear-end collision. While many considered the pillar system design to be efficient bc of this tendency, one imp factor played a role in the lawsuit. An internal memo was discovered that included the cost-benefit calcs by Ford's mgmt, which was used to make the decision not to improve the tank & fill system. This memo was significant bc: a) It is unethical to use a cost-benefit method for safety-related decisions b) It's illegal to estimate the value of human life in cost-benefit calcs c) The state law requires estimates of human life to be at least $500k d) None of the above

d) None of the above -it's not unethical or illegal to use cost-benefit methods on someone getting hurt, nor are certain values like human life described by law -assumed values & calcs in the memo may appear to be callouts to the injured & the resulting law suit, but they're not unethical or illegal -it may have been unapproved

It's important to avoid the appearance of conflict of interest bc: a) Engineer's judgement might be adversely affected b) The engineer's client might suffer financial damages c) The appearance of a conflict of interest is a misdemeanor d) The appearance of a conflict of interest damages the reputation of the profession

d) The appearance of conflict of interest damages the reputation of the profession -all appearance of conflict of interest has to be strictly eliminated so that everyone knows there isn't an issue

To what / whom is a registered engineer's foremost responsibility? a) To the client b) To the employer c) To state / federal laws d) To public welfare

d) To public welfare