FE Ethics

Engineering is considered by many to be one of the learned "professions" rather than a more fundamental "occupation." What is characteristic of a profession?

1. Satisfies an indispensable and beneficial social need 2. Is based on knowledge and skills not common to the general public 3. Depends to a great extent on the personal judgment of its members

Why is competitive bidding often considered to be counterproductive?

A design professional who reduces the final cost in order to be competitive may eliminate important design steps or features.

The purpose of professional licensure of engineers is to

Although engineering licensure laws do protect engineering titles, the purpose of professional licensure is to protect public health, safety, and welfare from unqualified practitioners.

During routine inspections, a field engineer discovers that one of the company's pipelines is leaking hazardous chemicals into the environment. The engineer recommends that the line be shut down so that seals can be replaced and the pipe can be inspected more closely. His supervisor commends him on his thoroughness, and says the report will be passed on to the company's maintenance division. The engineer moves on to his next jobs, assuming things will be taken care of in a timely fashion. While working in the area again several months later, the engineer notices that the problem has not been corrected and it has in fact gotten worse. What should the engineer do?

Ask the supervisor to investigate what action should be taken on the matter. While it is true that corporate bureaucracy tends to slow things down, several months is too lengthy a period for an environmental issue. On the other hand, it is by no means clear that the company is ignoring the situation. there could have been some action taken that the engineer is unaware of, or extenuating circumstances that are delaying the repair. To go outside the company or even the head of his supervisor would be premature without more information. The engineer should ask his previous supervisor to look into the issue, and should only take further measures if he is dissatisfied with the response.

Reciprocity is a term that describes the process by which one state may honor an engineer's professional license from another state. Which word is commonly used as a synonym for "reciprocity?"

Comity

An engineering firm receives much of its revenue from community construction projects. Which of the following activities would it be ethical for the firm to participate in? a. Contribute to the campaigns of local politicians b. Donate money to the city council to help finance the building of a new city part c. Encourage employees to volunteer in community organizations d. Rent billboards to increase the company's name recognition

Contributing to local politics, either to individual campaigns or in the form of a gift to the city, would be seen as an attempt to gain political favor. The renting of billboards, while not as well-defined an issue, implies the sort of self-laudatory advertising that ethical professionals prefer to avoid. Encouraging the company's employee to volunteer their own time to the community is acceptable because the company is unlikely to get any specific benefit from it.

What does it mean when a design professional accepts a punishment for an unethical acts from this technical society "with prejudice?"

Even after the sentence is served or punishment is completed, further actions may be taken

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 Untied 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?

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. Registrants shall not offer, give, solicit, or receive either directly or indirectly, an commission or gift, or other valuable consideration in order to secure work.

Two engineers submitted sealed bids to a prospective client for a design project. The client told engineer A how much engineer B had bid and invited engineer A to beat that amount. Engineer A really wants the project and honestly believes he can do a better job that engineer B. What should he do?

He should remain in consideration for the project, but not change his bid

Which of the following establishes ethical behavior among professionals? a. taxation regulations b. rules of play for professional sports c. Hippocratic oath d. legal contracts

Hippocratic Oath

Which feature is a standard feature of a written construction contract?

Identification of both parties Specific details of the obligations of both parties Boilerplate clauses

Which statement is true regarding the legality and enforceability of contracts?

In order for a contract to be legally binding, it must be established for a legal purpose, contain a mutual agreement by all parties, have consideration, or an exchange of something of value, not obligate parties to perform illegal activity, not be between parties that are mentally incompetent, minors, or do not otherwise have the power to enter into the contract A contract does not need to use as its basis or include a purchase order to be enforceable. Oral contracts may be legally bending in some instances, depending on the circumstances and purpose of the contract. Oral contracts may be difficult to enforce, however, and should not be used for engineering and construction agreements.

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

In order to prove strict liability in tort, it must be shown that a product defect caused an injury. Negligence need not be proven, nor must the manufacturer know about the defect before release.

Without this clause in writing, attorney's fees and court costs are rarely recoverable

In the event of a lawsuit, the prevailing party is entitled to an award of reasonable attorneys' and court fees

Plan stamping

Inappropriate use of a stamp by an individual not in responsible control of the preparation of documents

You are an engineer in charge of receiving bids for an upcoming project. One of the contractors bidding the job is your former employer. The former employer laid you off in a move to cut costs. Which of the following (one or more) should you do?

Inform your present employer of the situation and remain objective when reviewing bids. Registrants should remain objective at all times and should notify their employers of conflicts of interest or situations that could influence the registrants' ability to make objective decisions.

Mr. Frank, PE, is the owner and founder of Frank and Sons Engineering, a state corporation founding in compliance with state laws. None of Mr. Frank's sons or employees are professional engineers. Mr. Frank, now 94 years old and with failing eyesight, comes into the office daily and asks questions about the projects. When his sons complete their reports and plans, he applies his engineer's seal to them. Is this mode of operation permitted?

It is not permitted

An engineer works at a large firm for several years and participates in the development of a new production technique during that time. After leaving the company to start a consulting business, a competitor of the engineer's original employer asks for help with a similar problem, and the engineer is sure that they only solution is the use the process developed by the previous employer. Can the engineer ethically accept the job?

No. The engineer would have to use information obtained while working for the original employer.

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

Nominal damages are awarded for inconsequential injuries.

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 4 types, which one(s) would be acceptable ethically? a. an advertisement contrasting successes over the past year with their nearest competitors' failures b. an advertisement offering free television to anyone who hires them for work valued over $10k c. an advertisement offering to beat the price of any other engineering firm for the same services d. an advertisement that tastefully depicts that logo against the backdrop of the Golden Gate Bridge

None of the ads is acceptable from the standpoint of professional ethics. a & b are explicitly prohibited by the NCEES Model Rules. c demeans the profession of engineering by placing the emphasis on price as opposed to the quality of services. d is a misrepresentation; the picture of the Golden Gate Bridge in the background might lead some potential clients to believe that the engineering firm in question had some role in the design or construction of that project.

During the day, an engineer works for a scientific research laboratory doing government research. During the night, the engineer uses some of the lab's equipment to perform testing services for other consulting engineers. Why is this probably unethical?

Rationale for specific ethical prohibitions on using your employer's equipment for a second job is economic. The engineer's fees to the consulting engineers can undercut local testing services' fees because the engineer has a lower overhead. When you don't have to pay for the equipment, you don't have to recover its purchase price in your fees for services.

Whistle blowing is best described as calling public attention to....

Secret illegal behavior by your employer

An engineering consultant has signed a standard owner-engineer contract to build a scale model of a bridge in time for the owner to present the proposal to a financing committee. After the scale model has been built, it is destroyed in a building fire that consumes the consultant's building. The consultant is unable to rebuild the model in time. A breach of contract judgment against the consultant is most likely NOT obtainable due to which legal argument?

Standard contracts have force majeure clauses that excuse nonperformance due to "acts of God" and other unforeseen events such as weather and acts of terrorism.

An engineer designs and self-manufacturers a revolutionary racing bicycle. The engineer uses finite element analysis (FEA) software to perfect the design, has the design checked by a reputable authority, and subjects the major components that he manufacturers to nondestructive testing. After three years of heavier-than-anticipated usage, one of the engineer's bicycle disintegrates in a race, killing its rider. In his defense, the engineer may claim this.

Standard of care The scenario does not contain information about initial and ongoing testing, but the engineer has done everything described in a competent manner. While the engineer may still be held responsible in some manner, he has met a normal standard of care in the design and manufacturing of his bicycles.

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

State laws provide the authority for professional practice. NCEES writes the examinations used by the states. ABET accredits four-year degree programs.

What term best defines the reason that engineers working for some companies do not need to be licensed as professional engineers?

States have various laws, commonly referred to as "industrial exemptions", that allow engineers to work in the industry (e.g., in companies that produce products) without be licensed.

Seventeen years ago, Susan designed a corrugated steel culvert for a rural road. Her work was accepted and paid for by the county engineering department. Last winter, the culvert collapsed as a loading logging truck passed over. Although there were no injuries, there was damage to the truck and the roadway, and the county tried unsuccessfully to collect on Susan's company's bond. The judge denied the claim on the basis that the work was done too long ago. This defense is known as a. privity of contract b. duplicity of liability c. statute of limitations d. caveat emptor

Statute of limitations Most states have statutes of limitations. Unless a crime or fraudulent act has been committed, defects appearing after a certain amount of time are not actionable.

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 is the engineer's ethical responsibility with this article?

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. It is ethical for the engineer to issue a public statement concerning a company he works for, provided he makes that relationship clear and provided the statement is truthful and objective.

Without this clause in writing, the contract can be verbally modified

The contract can be modified or canceled only in writing

Without this clause in writing, the prior agreements are still valid

The contract document is the complete agreement, superseding all prior verbal and written agreements

If a contract has a value engineering clause and a non-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?

The contractor will be able to share one time in the owner's expected cost savings. Changes to a structure's performance, safety, appearance, or maintenance that benefit the owner in the long run will be covered by the value engineering clause of a contract. Normally the contractor is able to share in cost savings in some manner by receiving a payment or credit to the contract.

An environmental engineer with 5 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. What would be an acceptable course of action?

The engineer should contact appropriate agencies to get more data on the project before making a judgment. The engineer certainly has more experience and knowledge in the field than the general public or even the council members who will have to vote on the issue. Therefore, the engineer is qualified to express his opinion if he wishes to do so. Before the engineer takes any public position, however, the engineer is obligated to make sure that all the available information has been collected.

An engineer working for a big design firm has decided to start a consulting business, but it will be a few months before she leaves. How should she handle the impending changes?

The engineer should discuss her plans with her current employer. There is nothing wrong with wanting to go into business for oneself. The ethical violation occurs when one of the parties does not know what is going on. Even if the engineer acts ethically, takes nothing, and talks to no one about her plans, there will still be the appearance of impropriety if she leaves later. The engineer should discuss her plans with her current employer. That way, there will be minimal disruption to the firm's activities. The engineer shouldn't quit unless her employer demands it.

While working to revise the design of the suspension for a car, an engineer discovers a flaw in the design currently being produced. Based on a statistical analysis, the company determines that although this mistake is likely to cause a small increase in fatalities seen each year, it would be prohibitively expensive to do a recall to replace the part. Accordingly the company decides not to issue a recall notice. What should the engineer do?

The engineer's highest obligation is to the public's safety. In most instances, it would be unethical to take some public action on a matter without providing the company with the opportunity to resolve the situation internally. In this case, however, it appears as though the company's senior officers have already reviewed the case and made a decision. The engineer should notify the National Transportation Safety Board, providing enough details for them to initiate a formal inquiry.

An engineering firm is hired by a developer to prepare plans for a shopping mall. Prior to the bid date, several contractors who have received bid documents and plans contact the engineering firm with requests for information relating to the project. What can the engineering firm do?

The firm cannot reveal facts, data, or information relating to the project without the consent of the client as authorized or required by law. It is normal for engineers and architects to clarify the bid documents. However, some information may be proprietary to the developer. The engineer firm should only reveal information that has already been publicly disseminated or approved for release with the consent of the client.

What actions can be taken by a state-regulating agency against a design professional who violates one or more of its rules of conduct?

The professionals license may be revoked or suspended. Notice of the violation may be published in the local newspaper. The professional may be asked to make restitution. The professional may be required to complete a course in ethics. These punishments are commonly used by state engineering licensing boards.

A local engineering professor acts as a technical advisor for the city council in town. A few weeks before the council is scheduled to award a large construction contract, the professor is approached by one of the competing companies and offered a consulting position. Under what circumstances would it be ethical to accept the job?

The professor must not participate in any discussions concerning the project for which the company is competing

A survey crew is hired by the general contractor on a large government project to verify pertinent data on the owner-supplied plans. While performing their functions, the survey crew is approached by a subcontractor who wants them to perform some work for him on the same project. He states that he will pay for this additional work and notes that it will be easy for the survey crew to perform both services at the same time. What should the survey crew do?

The survey crew should accept this additional work as long as the circumstances are fully disclosed and agreed to by all parties.

If a contract does not include the boilerplate clause, "Time is of the essence," which of the following is true?

This clause must be included to recover damages due to delay.

Without this clause in writing, damages for delay cannot be claimed

Time is of the essence

The NCEES Model Rules allow a registered engineer to express publicly a professional opinion under which of the following circumstances?

Unless a registered engineer has competent evaluation of the matter, as well as knowledge of all the relevant facts, the NCEES Model Rules do not allow an engineer to express their professional opinion publicly.

Which option best describes the contractual lines of privity between parties in a general construction contract?

With a general construction contract, a consulting engineer will be hired by the owner to develop the design and contract documents, as well as to assist in the preparation of the bid documents and provide contract administrative services during the construction phase. The contract documents produced by the engineer will form the basis of the owner's agreement with the contractor. Although the engineer will work closely with the contractor during the construction phase, and may work with subcontractors as well, the engineer will not have a contractual line of privity with either party.

An engineering professor with a professional engineering license of 20 years of experience in engineering education is asked to consult on a building design. Can the professor accept this request?

Yes, but she should review and comment only those portions of the project in which she is qualifed by education and experience

An engineer spends all of his free time (outside of work) gambling illegally. Is this a violation of ethical standards?

Yes, the engineer should associate only with reputable persons and organizations. Gambling is illegal. Engineers should do nothing that brings them and their profession into disrepute. It is impossible to separate people from their professions. When engineers participate in disreputable activities, it casts the entire profession in a bad light.

Without your knowledge, an old classmate applies to the company you work for. Knowing that you recently graduated from the same school, the director or engineering shows you the application and resume. It turns out you friend exaggerated a lot of details, but was very smart in school and could help the company. What do you do?

You should recommend the applicant, but qualify you recommendation by pointing out that you think he may have exaggerated some details on the resume. Engineers are ethically obligated to prevent misrepresentation of their associate's qualifications. You must make your employer aware of the incorrect facts on the resume. On the other hard, if you really believe that the applicant would make a good employee, you should make that recommendation well. Unless you are making the hiring decision (conflict of interest), ethics requires only that you be truthful. If you believe the applicant has merit, you should state so. It is the company's decision to remove or not remove the applicant from consideration because of this transgression.

Ethics requires you to take into considered the effects of your behavior on which groups of people?

Your employer, the nonprofessionals in society, and other professionals

A tort is

a civil wrong committed against a person or his/her property which results in some form of damages. Torts are normally resolved through lawsuits.

A material breach of contract occurs when

a party fails to perform certain express or implied obligation, which impairs or destroys the essence of a contract. A material breach of the contract is a significant event that is grounds for cancelling the contract entirely. Typically triggering events include failure of the owner to make payments, the owner causing delays, the owner declaring bankruptcy, the contractor abandoning the job, or the contractor getting substantially off schedule.

Proving fraud requires these

a) reckless or intentional misstatement of a material fact b) an intention to deceive c) it resulted in misleading the innocent party to contract d) it was to innocent party's detriment

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. It is never ethical to accept a contract if you or the organization you are negotiating for cannot complete the work. Answer (A) does not tell us if the scope of the contract will be reduced so the consortium can complete the work without the eliminated partner, or if the consortium has some other way of completing the work without the special skills of the eliminated partner, so we can't really say that answer (A) is correct, but it is the best option provided.

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. By definition, if he or she is a professional engineer, his or her license cannot have lapsed, so (B) is wrong. All that matters is that the professional engineer is competent.

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. In this case, the engineer has only an obligation to her client until she is called to the stand, so she should report her findings to the party who retained her and that party will decide whether or not to call the engineer to testify.

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

Whether or not responsibilities can be subcontracted under original contract depends on the content of _____ in the original contract.

assignment clause

Which of the following is not an ethical violation? a. designing a product to fail in a specified number 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 are ethical violations

b. charging a premium for a superior product

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 The engineer's credibility with the public should not be abused. The public could attribute too much credibility to the engineer's opinion because of his perceived expertise. Or the public might have less confidence in the engineer's expertise on the matter of public safety if they disagree with his opinion on AIDS. Protecting his credibility on matters of public safety is all the engineer should care about, so he should decline to comment.

When may professional engineers make political donations? a. at no time b. only if it is not for current, past, or future influence c. only if all donations are made as an individual and do not represent a firm or entity d. only below specified amounts

b. only if it is not for current, past, or future influence

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 engineering 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 engineering registration board A violation should be reported to the organization that has promulgated the rule.

Which of the following is not always an ethics violation? a. signing plans/blueprints without having first designed and/or checked the plans b. revealing confidential information about a product without first obtaining permission c. granting a contract a company 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 information about a product without first obtaining permission

This occurs when one of the parties fails to satisfy all of its obligations under a contract

breach of contract

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. Answer (A) is a true statement, but it has nothing to do with the problem statement. Plans or documents prepared under the direct supervision of a registered engineer where the engineer is an expert, can be signed and sealed by the engineer assuming he or she has reviewed the plans or documents.

A recently licensed professional engineer is working under the supervisor of a senior engineer. The junior engineer brings a potential design issue to senior engineer's attention which can result in a safety hazard. The senior engineer tells her that design is based on standard industry practice, construction is underway and the probability of safety incident occurring is practically zero. What should be junior's engineer's response after learning these facts? a. Junior engineer is not required to do anything further because senior engineer is competent. b. Junior engineer is not required to do anything further because he's already expressed concern. c. Junior engineer shall escalate his concerns to a higher level because he's still worried about safety. d. Junior engineer shall escalate his concern to a high level because it will raise his profile.

c. Junior engineer shall escalate his concerns to a higher level because he's still worried about safety.

Which of the following is an ethics violation specially 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 Registrants may not perform work beyond their level of expertise. The other two examples may be unethical under some circumstances, but are not specifically forbidden by the NCEES code.

Which would be considered an ethical gift for an engineer to accept from a supplier? a. a paid trip to an industry trade show b. a ticket for a trip to Europe c. a coffee mug with supplier's corporate logo d. a $100 check

c. a coffee mug with supplier's corporate logo

Which of the following forms of advertising is ethical for a contractor? a. television and radio ads b. flyers on houses with special offers c. asking clients to tell their friends d. all of the above

c. asking clients to tell their friends Most codes of ethics state that engineers should build reputations based upon the merits of their work. Some forms of print advertising are acceptable, but advertisements must be done in a tasteful manner so as not to damage the dignity of the profession. Also contractors are often required to list their license number on any form of advertising.

The NSPE Code of Ethics for Engineers 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

c. clients are required to seek competitive bids for design services Clients are not required to seek competitive bids. In fact, many engineering societies discourage the use of bidding to procure design services because it is believed that competitive bidding results in lower-quality construction.

Which of the following statement(s) is correct? a. only licensed engineers are expected to conduct themselves professionally b. ethical problems are always straight forward c. engineers possess special knowledge which is not common in public domain d. engineer is not liability for violating an ethical principle if he/she wasn't aware of it

c. engineers possess special knowledge which is not common in public domain

Mark is a licensed professional engineer who independently provides engineering consultancy services to various clients. He recently came across a proprietary solution while working for one of his regular clients which can be deployed in similar scenarios faced by many other clients. Can Mark use this unique solution in similar applications for other clients? a. yes, Mark is obligated to provide solutions to his clients to the best of his knowledge b. yes, Mark's clients hire him because of his wide experience and expect innovative solutions c. no, Mark cannot use confidential details without obtaining consent from relevant clients d. no, Mark is obligated to produce innovative solutions for each client

c. no, Mark cannot use confidential details without obtaining consent from relevant clients

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

This expression means "let the buyer beware".

caveat emptor

Which organizations typically do NOT enforce codes of ethics for engineers? a. technical societies b. national professional societies c. state professional societies d. companies that write, administer, and grade licensing exams

companies that write, administer, and grade licensing exams

Complete the sentence: "The US Department of Justice's successful action in the 1970s against engineering code of ethics that formal prohibited competitive bidding was based on the premise of....

competitive bidding was required by many government contracts The U.S. Department of Justice's successful challenge was based on antitrust statutes. Prohibiting competitive bidding was judged to inhibit free competition among design firms.

This protects the ownership of original works of creativity (literacy, musical, and dramatic works; photographs; audio and visual recordings, software; and other intellectual works) that are fixed in a tangible medium of expression.

copyright

An engineer has developed a process control algorithm that uniquely mixes chemicals through a systematic valve opening and closing sequence. The algorithm has been implemented in a sequence of microprocessor code contained in erasable programable read-only memory (EPROM) chips distributed to customers. Most likely, how should the microprocessor code be protected against commercial exploitation by third parties?

copyright Although the algorithm logic might qualify for patent protection, the sequence of microprocessor code would be protected by copyright. A trade secret can be protected only by the owner keeping the information secret (or, through a contract with a third party to keep the information secret).

All costs (labor, material, travel, etc.) incurred by the engineer are paid by the client. The client also pays a predetermined fee as profit. This method has an advantage when the scope of services cannot be determined accurately in advance. Detailed records must be kept by the engineer in order to allocate costs among different clients.

cost plus fixed fee

John is a well-respected engineer with a specialization in power system engineering and some experience in control systems. John has an excellent track record of delivering successful projects on time and under budget. He is asked by his new supervisor to take on assignment involving control systems scope. John's new supervisor does not know his past work experience very well, but he has heard wonderful things about John from other managers. Is it ethically acceptable for John to accept this assignment? a. Yes, accepting the assignment will give him an opportunity to enhance skills in control systems. b. Yes, it is his professional obligation to work diligently for the employer c. No, John is a power systems specialist and should only work in that area. d. John should review assignment requirements and his expertise with his supervisor and then decide.

d. John should review assignment requirements and his expertise with his supervisor and then decide.

Sarah is a professional engineer and she is brought on a project as a discipline lead. The project is in its final design stages. Project manager has asked her to quickly review near complete engineering documents and seal them. These documents were prepared by other engineers who are not licensed. However, she knows that all of them are competent based on her experience. Should Sarah sign and seal those documents? a. Yes, she is familiar with the quality of the team b. Yes, she is the new lead and can review documents even though timeline is tight c. No, documents were not developed by licensed engineers. d. No, documents were not developed under her supervision and review time may be insufficient

d. No, documents were not developed under her supervision and review time may be insufficient

A professional engineer is reviewing equipment drawings for compliance on behalf of a client. The engineer notices that vendor is providing a technically acceptable alternative to one of the specification requirements listed in original bid. Upon further research, the engineer finds that proposed alternative is cheaper than the one required by client's specification. What should be included in the engineer's recommendation report to the client? a. rejection, because proposed alternative is cheaper than original requirement b. rejection, because proposed alternative is not the same as one required by specification c. acceptance, because proposed alternative is technically acceptable d. acceptance, because proposed alternative is acceptable but negotiate a price credit from supplier

d. acceptance, because proposed alternative is acceptable but negotiate a price credit from supplier

Which of the following is/are unethical for an engineer to accept from a supplier? a. special discounts b. gifts c. commissions d. all of the above

d. all of the above Engineers may not solicit or accept any special treatment from a supplier. This is to ensure fair competition among suppliers.

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. It is not a violation of a registered engineer's obligation to other registrants to promote their own qualifications. However, one can't help but speak negatively about another registrant when comparing qualifications in a circumstance like this. The engineer in this situation can discuss her qualifications for the position but cannot ethically compare qualifications with other registrants applying for the position. The other registrants can then discuss their qualifications, and the employer can make the comparisons.

"Obeying direct and specific orders from a person with higher authority.... a. will never result in unethical behavior" b. always results in ethical behavior" c. is a defense against unethical behavior" d. may place you in an ethical dilemma"

d. may place you in an ethical dilemma"

This protects an new, original, and ornamental design for an article of manufacture

design patent

A senior licensed professional engineer with 30 years of experience in geotechnical engineering is placed in charge of a multidisciplinary design team constituting 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 the facilitate coordination, designed are prepared by the groups under the direct supervision of the group leader, and then they are submitted to her for review and approval. The arrangement is ethical as long as

each design segment is signed and sealed by the licensed group leader responsible for its preparation Licensees may accept assignments for coordination of an entire project, provided that each design segment is signed and sealed by the registrant responsible for preparation of that design segment.

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 wheelbarrows. On the day of the pour, however, a concrete pump is available and is used, substantially reducing the contractor's labor cost of the day. This is an example of

efficient methodology, where the benefit is to the contractor only. It is not an example of value engineering, as the change affects the contractor, not the owner. Performance, safety, appearance, and maintenance are unaffected.

Which of the following can override your ethical requirement to perform a thorough analysis and check of the work for your client

ethical obligations to society

This act is basically a special case of misrepresentation.

fraudulent act

This type of fee structure is based on established target costs and fees and lists minimum and maximum fees and an adjustment formula. The formula may be based on performance criteria such as budget, quality, and schedule. Once the project is complete, payment is calculated based on the formula.

incentive

Guidelines of ethical behavior among engineers are needed because

it is easy for engineers to take advantage of clients

Depending on the state, property owners are prevented from transferring title of (i.e., selling) the property until this has been removed by the supplier.

lien

This establishes the supplier's security interest in the property

lien

This is a predetermined fee agreed upon by client and engineer. This payment can be used for small projects where the scope of work is clearly defined.

lump-sum fee

This is defined a s nonperformance that results in the injured party receiving something substantially less than or different from what the contract intended

material breach

A professional engineer who took the licensing examination in mechanical engineering

may design in electrical engineering if she feels competent and the electrical portion of the design insignificant and incidental to the overall job Although the laws vary from state to state, engineers are usually licensed generically. Engineers are licensed as "professional engineers." The scope of their work is limited only by their competence. In the states where the license is in a particular engineering discipline, an engineer may "touch upon" another discipline when the work is insignificant and /or incidental.

A contract can be terminated for these reasons

mutual agreement of all properties to the contract impossibility of performance illegality of the contract material breach by one or more parties to the contract fraud on the part of one or more parties failure (i.e., loss or destruction) of consideration (e.g., the burning of a building one party expected to own or occupy upon satisfaction of the obligations)

The owner of a construction site is aware that the state driving license of one of its heavy machinery operators has been suspended for multiple driving under the influence (DUI) violations. In order to secure a desirable standing and contract with an abstinence-based commune, the owner misrepresents the non-drinking status of the construction crew. A serious injury occurs when the operator drives a loader over the leg of a member of the commune while intoxicated. Most likely, the commune will be able to obtain a judgment against the operator based on

negligence

This is an action. willful or unwillful, taken without proper care or consideration for safety, resulting in damages to property or injury to persons.

negligence

Which of the following methods of charging for professional services is unethical? a. lump sum at the start of the job b. per diem, billed monthly in advance c. per hour, billed at the end of each week d. retainer, plus per hour, billed at the end of each week

per diem

The engineer is paid a specific sum for each day spend on the job. Usually, certain direct expenses (e.g., travel and reproduction) are billed in addition to the per diem rate.

per diem fee

In which of the following fee structures is a specific sum paid to the engineer for each day spent on the project?

per-diem fee

This method, which is widely used in construction design contracts, pays the architect and/or the engineer a percentage of the final total cost of the project. Costs of land, financing, and legal fees are generally not included in the construction cost, and other costs (plan revisions, project management labor, value engineering, etc.) are billed separately.

percentage of construction cost

This protects an invention or discoveries related to asexual reproduction of any distinct and new variety plant

plant patent

Which of the following terms is not related to ethics? a. integrity b. honesty c. morality d. profitability

profitability; ethical actions may or may not be profitable

To whom/what is a registered engineer's foremost responsibility?

public welfare This includes protection from harm due to conduct as well as competence. No individual or organization may legitimately direct a registered engineer to harm the public.

This can only be used when a trademark has actually been registered with the USPTO

registered trademark symbol

This is a minimum amount paid by the client, usually in total and in advance, for a normal amount of work expected during an agreed-upon period. Usually, none of the retainer is returned, regardless of how little work the engineer performs. The engineer can be paid for additional work beyond what is normal, however. Some direct costs, such as travel and reproduction expenses, may be billed directly to the client.

retainer

Which fee structure is a nonreturnable advance paid to a consultant?

retainer Often, a small retainer is used by the consultant to qualify the client (i.e., to make sure the client is not just shopping around and getting free initial consultations) and as a security deposit (to make sure the client does not change consultants after work begins).

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 football game. The bid is the lowest received. What should you do?

return the tickets and accept the bid Registrants should not accept gifts from parties expecting special considerations, so the tickets cannot be kept. They also should not be merely discarded, for several reasons. Inasmuch as the motive of the contractor is not known with certainty, in the absence of other bidding rules, the bid may be accepted.

The client pays for the employees on engineer's payroll (the salary) plus an additional percentage to cover indirect overhead and profit plus certain direct expenses.

salary plus

In dealing with suppliers an engineer may.... a. unduly delay vendor performance if the client agrees b. spend personal time outside of the contract to ensure adequate performance c. prepare plans containing ambiguous design-build references as cost-saving measures d. enforce plans and specifications to the letter, without regard to fairness

spend personal time outside of the contract to ensure adequate performance An engineer not only may, but is required to, ensure performance consistent with plans and specifications. If a job is intentionally or unintentionally underbid, the engineer will have to use personal time to complete the project.

One of the main reasons to enter into a join venture on a big construction project is to

spread risk as widely as possible. One way to do this is to enter a join venture with other contractors. A join venture is a short-term partnership arrangement in which each of two or more participating construction companies is committed to a predetermined percentage of a contract, and each shares proportionately in the final profit or loss. One of the participating companies acts as the manager or sponsor of the project.

It is not necessary to prove negligence, breach of explicit or implicit warranty, or the existence of a contract for this. A defect in a product, regardless of how the defect got there, is sufficient to create this.

strict liability in tort

Which feature is a NOT standard feature of a written construction contract?

subcontracts

This is a civil wrong committed by one causing damage to another person or person's property, emotional well-being, or reputation. It is a breach of the rights of an individual to be secure in person or property.

tort

This is misrepresentation that does not result in a contract

tort

These protect selected names, words, phrases, symbols, and sounds. This gives a business particular advantage and is often the source of valuable commercial goodwill.

trademarks

Contract fees are based on estimated quantities and unit pricing. This payment method works best when required materials can be accurately identified and estimated before the contract is finalized. This payment method is often used in combination with a lump-sum fee.

unit price

This protects any new and useful process, machine, article of manufacture, or composition or matter, or any new and useful improvement thereof.

utility patents

If you check the calculations for a licensed (registered) friend who has gone into a consulting engineering business for himself/herself

your friend's client should be told of your involvement