PROFESSIONAL PRACTICE: TERM PAPER ON CODE OF CONDUCT FOR PROFESSIONALS IN CIVIL ENGINEERING P a g e | 1

RAHUL N.SOMPURA (UC2905! SCHOOL OF "UILDING SCIENCE # TECHNOLOG$! CEPT UNIVERSIT$! AHMEDA"AD
Introduction
Ethics has been defined as a set of moral principles
governing the conduct for an individual or group. Morals
are concerned with goodness or badness of human
character or behavior, or with the distinction between
right and wrong, or concerned with accepted rules and
standards of human behavior. However, ethics is not just
about recognizing an objective good. It comprises a study
of thought, language, reasoning, processes and
judgement that informs the choices people make in their
daily lives that affect their own wellbeing and that of
others. It is now commonly recognized that the general
concepts of ethics are applicable in business, on the
grounds that businesses e!ist not solely for the benefit of
certain individuals, but because business serves society in
general, and in addition, meets collective and individual
needs.

"he cause of ethical failure in organizations can often be
traced to their organizational culture and the failure on
the part of the leadership to actively promote ethical
practices. E!perts posed the #uestion as to what sort of
professional culture promotes ethical behavior, and how
it can be implemented or improved upon within any
given environment. "his #uestion is particularly relevant
to the ethical standards of professional consultants in the
construction industry. $merican %ociety of &ivil
Engineers presented four vantage points for viewing
engineering ethics 'professional codes of ethics, business
and business ethics, social impact of technology on
society, and personal commitment and meaning( and
argued that each of these four vantage points yields
insight and complements the others. He noted that since
engineers have moved from e!clusively providing
technical e!pertise in design, into more management
oriented responsibility, tensions have arisen between
business values and the professional standards of
engineers. "he two should be reconciled.

Forms of unethical behavior
)esearch has shown that most unethical behavior in the
construction industry takes the form of unfair conduct,
negligence, conflict of interest, collusive tendering, fraud
and bribery. *urthermore, in terms of professional
conduct, it has been identified that the majority of
professionals believe that obligations between the client
and public are of e#ual importance.

U%&a'( )*%+,)-
+nfair conduct may occur in competition 'unfair
competition(, in contracts 'unfair contract terms(, in staff
promotion,dismissal,demotion 'unfair labor practices(
and in business practice 'unfair business practice(.
-ittle or no ability to negotiate terms of the
contract 'pro forma .take it or leave it/ contracts
are used(.
Inade#uate disclosure of relevant and important
commercial information which the weaker party
should be aware of before entering the
transaction.
Inade#uate and unclear disclosure of important
terms of the contract, particularly those which
weighted against the weaker party.
"he dominant parties seek to vary the nature of a
longterm relationship so that it is more
favorable to them but which affects the viability
of the weaker party.
0hen disputes do arise there is often no #uick,
cheap and marketsensitive way of settling them
and, even where such interventions do e!ist,
there is reluctance by weaker parties to access
any remedial action through fear of reprisal.

In a survey conducted by +%$, the e!perts combined
unfairness with dishonesty. It could be argued that
dishonesty constitutes illegal behavior and is thus more
appropriately linked to fraud. Instances #uoted as being
.unfair/ include actions by government agencies, such as
.biased tendering evaluation systems, the process of re
tendering and shopping for prices after tenders have
closed/, as well .making it difficult for private businesses
to compete/. 1ther instances relate to difficulties
e!perienced with consultants/ professional fees, such as
.nonpayment of consultants/ fees by clients and
developers after engaging consultants/. "he latter type of
complaint is easy to prevent if consultants employ
defensive contractual strategies, thereby helping to
C*+e *& C*%+,)- &*( P(*&e..'*%a/. '% C'0'/ E%g'%ee('%g
Rahul N.Sompura, Student, School of Building Science & Technology, CEPT Univerity, !hmeda"ad
A"STRACT
! profeional code of conduct i the tandard adopted "y profeional to govern their o#n profeional conduct. $t provide a
frame#or% for the profeional& ethical 'udgment. The code imply reiterate principle and tandard that contitute accepted
and reponi"le practice, #hich define the role and o"ligation of deign profeional. The follo#ing term paper trie to
articulate the #ay in #hich moral and ethical principle apply to uni(ue ituation encountered in profeional practice. $t
indicate to other that the profeion i eriouly concerned a"out reponi"le and profeional conduct.
1e23*(+.) Ethic, Code of Conduct, !merican Society of Civil Engineer, Unethical Behavior
PROFESSIONAL PRACTICE: TERM PAPER ON CODE OF CONDUCT FOR PROFESSIONALS IN CIVIL ENGINEERING P a g e | 2
RAHUL N.SOMPURA (UC2905! SCHOOL OF "UILDING SCIENCE # TECHNOLOG$! CEPT UNIVERSIT$! AHMEDA"AD
distinguish between business practices that are .unfair/
and those that are illegal.

2rofessional competence comprises efficiency 'in doing a
task economically(, sufficiency 'in providing a full service
to a client( and capacity 'which is the ability or capability
to undertake the commission(. In contrast, negligence is
the want of proper care, and also the omission of such
duty of care for the interests of others as the law of delict
may re#uire. 3egligence is also defined as .lack of proper
care and attention4 or carelessness/. 2rofessionally, this
would be the failure to e!ercise the degree of care
considered reasonably warranted by the circumstances,
resulting in an unintended injury to another party. "o be
negligent, the professional must have had the ability to be
competent, but has disregarded the crucial importance of
e!ercising this ability. "he negligent professional
disregards the course of action which is in the client/s best
interests.

$ survey carried out by the $%&E for the ethical conducts
in the construction industry revealed startling anomalies.
"he survey shows instances of dishonesty and unfairness
identified by the respondents, with the circumstances in
which these were committed. "he responses derive from
individual survey respondents. $rchitects believe that
contractors are not always honest in abiding by
contractual specifications, and that they commonly used
cheaper, inferior alternatives. &ontractors believe that the
tender adjudication process is unfair, and that
professionals act with bias when pressured by clients.
"he latter perception is supported by the responding
consulting engineers who similarly commented on unfair
tender procedures5in their case predominantly public
sector related. 6uantity surveyors believed that
contractors repeatedly overclaimed and that clients
pressurized consultants to make savings on projects or
cut their fees. "he survey highlights situations where
dishonesty and unfairness have been witnessed, covering
most areas of construction activities and processes
including those related to7
Materials7 the contractor lies about materials
used4 use of inferior materials4 and loss of
materials on site.
2rofessional dishonesty7 poor practices by
consultants4 ine!perience4 blaming contractors
for incompetence4 deliberately increasing
contractor cash flow through unmerited
payment awards4 and recommending friends for
tender awards.
8ocumentation7poor incomplete documentation4
overonerous tender conditions4
2oor workmanship by the contractor4
&ontractors/ dishonesty7 price fi!ing4
maltreatment of subcontractors by main
contractors 'price s#ueezing of subcontractors by
main contractors4 main contractors failing to pay
the full amount owing to subcontractors4 failing
to pay subcontractors timeously(4
&lient dishonesty7 pressuring consultants to
make decision in their favor4 forcing consultants
to cut fees 'unfair fee negotiation(4 withholding
payment certificates4 and poor procurement
policies4
9overnment dishonesty7 misuse of state
affirmative action programmes4 government
officials fronting to get contracts4 unfair choice of
consultants4 awarding of contracts based on race4
unfair allocation of work4 and contracts
repeatedly awarded to the same set of known
contractors4
2ayment7 failure to pay agreed fees4 alteration of
invoices4 unfairness in the adjudication of claims4
overinvoicing of claims and variation orders4
#uantity surveyors not recommending payments
that are due to contractors4 clients withholding
payments from contractors4
"endering7 bargain hunting after the tender has
been received4 unfair processes of tender
adjudication4 secrecy in contract negotiations4
tender disclosure to competitors4 lowest tender
not selected in selective tendering.

C*%&/')- *& '%-e(e.-
"his is a situation in which someone in a position of trust,
such as a lawyer, a politician, or an e!ecutive or director
of a corporation, has competing professional or personal
interests which could make it difficult to fulfill his or her
duties impartially. Even if there is no evidence of
improper action, a conflict of interest can create an
appearance of impropriety that can undermine
confidence in the ability of that person to act properly in
his,her position. &onflict of interest involves a personal
interpretation of whether or not certain behavior is
commonly acceptable, rather than if it is illegal. "he onus
should clearly be placed upon individuals to declare all
possible instances of potential negative interpretation,
before proceeding with projects.

C*//,.'*%
&ollusion is defined as .a secret understanding, especially
for a fraudulent purpose/. &ollusion is contrary to the
principles of free competition. It benefits only the parties
to the collusive agreement at the e!pense of those not
privy to the arrangement. "endering may be conducted a
priori through collusive agreements because such
agreements are .an attractive means of maintaining a
steady flow of work and achieving higher joint, risk
adjusted, discounted profits/
$%&E investigated collusion in the +% highway
construction industry, and found that it causes a
reduction in the number of available builders, an increase
in the average bid price, and a reduction in bid variance.
"his could lead to artificially increased building prices,
#uality compromises, company failures through unfair
competition, a negative industry image, and decreased
employee productivity through moral dissatisfaction.

PROFESSIONAL PRACTICE: TERM PAPER ON CODE OF CONDUCT FOR PROFESSIONALS IN CIVIL ENGINEERING P a g e | 4
RAHUL N.SOMPURA (UC2905! SCHOOL OF "UILDING SCIENCE # TECHNOLOG$! CEPT UNIVERSIT$! AHMEDA"AD
Discussions
&onstruction professionals are e!pected to behave with
professional integrity, including honesty and fairness.
"he codes of professional conduct promulgated by the
various professional statutory councils create an
e!pectation on the part of clients and the general public
with respect to professional ethics and behavior. *or
e!ample, the $ssociation of %outh $frican 6uantity
%urveyor/s '$%$6%, :;;<( code of professional conduct
e!pects members to have full regard to the public4 uphold
the dignity, standing and reputation of the profession4
comply with the laws of the country in which they
operate4 discharge duties with efficiency, competence,
confidentiality, fidelity and without undue delay4 be fair
and impartial in the provision of service4 disclose and
resolve conflicts of interest4 have an appropriate level of
skills4 and respect others.

"he need for trust and cooperation between participants
in the construction industry, as a guard against unethical
behavior, is clearly important. "he survey found that the
level of unethical behavior on the part of the contractors
is perceived as higher than that of other professional
groups. "his is most probably a function of business
survival. &ompetitive bidding and contracting are
generally considered to be e!clusively market driven
concepts based solely on financial and commercial
considerations without serious regard to ethical
principles, e!cept to the e!tent that some business
practices may have legal or regulatory compliance
ramifications. It is contended that the majority of
contractors who do engage in corrupt practices tend to do
so, not because they want to, but because they feel they
are forced to by the way the industry and the political
environment operate. 1ne reason for being susceptible to
unethical conduct is the large number of participants
engaged in comple! contractual undertakings4 the huge
cost of projects of this nature makes it easier to hide
bribes and inflated claims, a factor compounded by the
fact that many construction projects are oneoff and
therefore costs are difficult to compare.

Code of Conduct for Professionals
Hence considering the above viewpoints, the &ode of
&onduct for 2rofessionals in &ivil Engineering has been
prepared by the $merican %ociety of &ivil Engineers
which is as follows7

F,%+a5e%-a/ P('%)'6/e.
Engineers uphold and advance the integrity, honor, and
dignity of the engineering profession by7
+sing their knowledge and skill for the
enhancement of human welfare and the
environment4
=eing honest and impartial and serving with
fidelity the public, their employers and clients4
%triving to increase the competence and prestige
of the engineering profession4 and
%upporting the professional and technical
societies of their disciplines.

F,%+a5e%-a/ Ca%*%.
Ca%*% 1: E%g'%ee(. .7a// 7*/+ 6a(a5*,%- -7e .a&e-2!
7ea/-7! a%+ 3e/&a(e *& -7e 6,8/') a%+ .7a// .-('0e -*
)*56/2 3'-7 -7e 6('%)'6/e. *& .,.-a'%a8/e +e0e/*65e%- '%
-7e 6e(&*(5a%)e *& -7e'( 6(*&e..'*%a/ +,-'e..
a( Engineers shall recognize that the lives, safety,
health and welfare of the general public are
dependent upon engineering judgments,
decisions, and practices incorporated into
structures, machines, products, processes and
devices.
b( Engineers shall approve or seal only those design
documents, reviewed or prepared by them,
which are determined to be safe for public health
and welfare in conformity with accepted
engineering standards.
c( Engineers whose professional judgment is
overruled under circumstances where the safety,
health and welfare of the public are endangered,
or the principles of sustainable development
ignored, shall inform their clients or employers
of the possible conse#uences.
d( Engineers who have knowledge or reason to
believe that another person or firm may be in
violation of any of the provisions of &anon >
shall present such information to the proper
authority in writing and shall cooperate with the
proper authority in furnishing such further
information or assistance as may be re#uired.
e( Engineers should seek opportunities to be of
constructive service in civic affairs and work for
the advancement of the safety, health and well
being of their communities, and the protection of
the environment through the practice of
sustainable development.
f( Engineers should be committed to improving the
environment by adherence to the principles of
sustainable development so as to enhance the
#uality of life of the general public.

Ca%*% 2: E%g'%ee(. .7a// 6e(&*(5 .e(0')e. *%/2 '% a(ea. *&
-7e'( )*56e-e%)e.
a( Engineers shall undertake to perform
engineering assignments only when #ualified by
education or e!perience in the technical field of
engineering involved.
b( Engineers may accept an assignment re#uiring
education or e!perience outside of their own
fields of competence, provided their services are
restricted to those phases of the project in which
they are #ualified. $ll other phases of such
project shall be performed by #ualified
associates, consultants, or employees.
c( Engineers shall not affi! their signatures or seals
to any engineering plan or document dealing
PROFESSIONAL PRACTICE: TERM PAPER ON CODE OF CONDUCT FOR PROFESSIONALS IN CIVIL ENGINEERING P a g e | 9
RAHUL N.SOMPURA (UC2905! SCHOOL OF "UILDING SCIENCE # TECHNOLOG$! CEPT UNIVERSIT$! AHMEDA"AD
with subject matter in which they lack
competence by virtue of education or e!perience
or to any such plan or document not reviewed or
prepared under their supervisory control.

Ca%*% 4: E%g'%ee(. .7a// '..,e 6,8/') .-a-e5e%-. *%/2 '%
a% *8:e)-'0e a%+ -(,-7&,/ 5a%%e(.
a( Engineers should endeavor to e!tend the public
knowledge of engineering and sustainable
development, and shall not participate in the
dissemination of untrue, unfair or e!aggerated
statements regarding engineering.
b( Engineers shall be objective and truthful in
professional reports, statements, or testimony.
"hey shall include all relevant and pertinent
information in such reports, statements, or
testimony.
c( Engineers, when serving as e!pert witnesses,
shall e!press an engineering opinion, only when
it is founded upon ade#uate knowledge of the
facts, upon a background of technical
competence, and upon honest conviction.
d( Engineers shall issue no statements, criticisms, or
arguments on engineering matters which are
inspired or paid for by interested parties, unless
they indicate on whose behalf the statements are
made.
e( Engineers shall be dignified and modest in
e!plaining their work and merit, and will avoid
any act tending to promote their own interests at
the e!pense of the integrity, honor, and dignity
of the profession.

Ca%*% 9: E%g'%ee(. .7a// a)- '% 6(*&e..'*%a/ 5a--e(. &*(
ea)7 e56/*2e( *( )/'e%- a. &a'-7&,/ age%-. *( -(,.-ee.! a%+
.7a// a0*'+ )*%&/')-. *& '%-e(e.-.
a( Engineers shall avoid all known or potential
conflicts of interest with their employers or
clients and shall promptly inform their
employers or clients of any business association,
interests, or circumstances which could influence
their judgment or the #uality of their services.
b( Engineers shall not accept compensation from
more than one party for services on the same
project, or for services pertaining to the same
project, unless the circumstances are fully
disclosed to and agreed to, by all interested
parties.
c( Engineers shall not solicit or accept gratuities,
directly or indirectly, from contractors, their
agents, or other parties dealing with their clients
or employers in connection with work for which
they are responsible.
d( Engineers in public service as members,
advisors, or employees of a governmental body
or department shall not participate in
considerations or actions with respect to services
solicited or provided by them or their
organization in private or public engineering
practice.
e( Engineers shall advise their employers or clients
when, as a result of their studies, they believe a
project will not be successful.

Ca%*% 5: E%g'%ee(. .7a// 8,'/+ -7e'( 6(*&e..'*%a/
(e6,-a-'*% *% -7e 5e('- *& -7e'( .e(0')e. a%+ .7a// %*-
)*56e-e ,%&a'(/2 3'-7 *-7e(..
a( Engineers shall not give, solicit or receive either
directly or indirectly, any political contribution,
gratuity, or unlawful consideration in order to
secure work, e!clusive of securing salaried
positions through employment agencies.
b( Engineers should negotiate contracts for
professional services fairly and on the basis of
demonstrated competence and #ualifications for
the type of professional service re#uired.
c( Engineers may re#uest, propose or accept
professional commissions on a contingent basis
only under circumstances in which their
professional judgments would not be
compromised.
d( Engineers shall not falsify or permit
misrepresentation of their academic or
professional #ualifications or e!perience.
e( Engineers shall give proper credit for
engineering work to those to whom credit is due,
and shall recognize the proprietary interests of
others. 0henever possible, they shall name the
person or persons who may be responsible for
designs, inventions, writings or other
accomplishments.

Ca%*% ;: E%g'%ee(. .7a// a)- '% .,)7 a 5a%%e( a. -*
,67*/+ a%+ e%7a%)e -7e 7*%*(! '%-eg('-2! a%+ +'g%'-2 *&
-7e e%g'%ee('%g 6(*&e..'*% a%+ .7a// a)- 3'-7 <e(*
-*/e(a%)e &*( 8('8e(2! &(a,+! a%+ )*((,6-'*%.
a( Engineers shall not knowingly engage in
business or professional practices of a
fraudulent, dishonest or unethical nature.
b( Engineers shall be scrupulously honest in their
control and spending of monies, and promote
effective use of resources through open, honest
and impartial service with fidelity to the public,
employers, associates and clients.
c( Engineers shall act with zero tolerance for
bribery, fraud, and corruption in all engineering
or construction activities in which they are
engaged.
d( Engineers should be especially vigilant to
maintain appropriate ethical behavior where
payments of gratuities or bribes are
institutionalized practices.
e( Engineers should strive for transparency in the
procurement and e!ecution of projects.
"ransparency includes disclosure of names,
PROFESSIONAL PRACTICE: TERM PAPER ON CODE OF CONDUCT FOR PROFESSIONALS IN CIVIL ENGINEERING P a g e | 5
RAHUL N.SOMPURA (UC2905! SCHOOL OF "UILDING SCIENCE # TECHNOLOG$! CEPT UNIVERSIT$! AHMEDA"AD
addresses, purposes, and fees or commissions
paid for all agents facilitating projects.
f( Engineers should encourage the use of
certifications specifying zero tolerance for
bribery, fraud, and corruption in all contracts.

Ca%*% =: E%g'%ee(. .7a// )*%-'%,e -7e'( 6(*&e..'*%a/
+e0e/*65e%- -7(*,g7*,- -7e'( )a(ee(.! a%+ .7a// 6(*0'+e
*66*(-,%'-'e. &*( -7e 6(*&e..'*%a/ +e0e/*65e%- *& -7*.e
e%g'%ee(. ,%+e( -7e'( .,6e(0'.'*%.
a( Engineers should keep current in their specialty
fields by engaging a. aging in professional
practice, participating in continuing education
courses, reading in the technical literature, and
attending professional meetings and seminars.
b( Engineers should encourage their engineering
employees to become registered at the earliest
possible date.
c( Engineers should encourage engineering
employees to attend and present papers at
professional and technical society meetings.
d( Engineers shall uphold the principle of mutually
satisfying relationships between employers and
employees with respect to terms of employment
including professional grade descriptions, salary
ranges, and fringe benefits.

Conclusion
$chieving an ethical professional career is a journey, not
a destination. "he understanding of ethical behavior will
change with time, e!perience, and discussion with others
who have set out to take a similar journey. 1nly when
you decide on a lifetime of learning about and discussing
ethical behavior with others, can you hope to complete
the journey successfully. "he responsibility borne by
employers and senior members of the profession to set
standards of ethical behavior in their own lives cannot be
overstated. It is the responsibility of people in positions of
authority and seniority to make their peers and
colleagues aware of the need to read the code of ethics
often. *urther, these mentoring members have an ethical
responsibility to model behaviors that others may learn
from and to raise #uestions and engage their peers and
colleagues in discussing ethical issues.
References
"**>.
?E-7')a/ 8e7a0'*( '% -7e S*,-7 A&(')a% )*%.-(,)-'*% '%+,.-(2@!
&onstruction Management and Economics ?=owen, 2aul,
$kintoye, $kintola, 2earl, )obert and Edwards, 2eter @.

AE-7').: G,'+e/'%e. &*( P(*&e..'*%a/ C*%+,)- &*( C'0'/ E%g'%ee(.@,
$merican %ociety of &ivil Engineers.