Assignment:

Subject: Engineering Professional Practice

Due date 2079/11/05

Case studies:

1. A sewerage pipe passes along the road in front of the construction site
where you want to build your house. The sewage is directly connected to
Bagmati River and that has polluted Bagmati badly. Health and hygiene
situation of Kathmandu valley, particularly, along the bank of Bagmati
River, is degrading day by day. The contractor suggests you to connect the
sewerages pipe to the sewage line and save money that would have to be
spent for the construction of septic tank. What would you do?

2. Civil Engineer, ‘A’ designed a three story hotel building as per client’s
requirement. The contractor completed the building. To cope with the
increasing number of tourist, 6 years later, hotel owner decided to add two
more floors. For this new work, Architect ‘R’ prepared design/ drawing;
which were submitted, to the Municipality and approval was given. As the
construction was going on, it collapsed suddenly causing 70 deaths and 200
injuries. Investigation team found that the structural members of previous
construction could not carry the additional load. Are the activities as
described above is conflict with code of Ethics? Discuss.

3. Microsoft monologue was developed by a certain person and before being

its patented and or possessing copyright, it used and patented and copy
righted by Bill Gates. Now we have been finding it in the Microsoft display.
But later the person from Britain claimed that the original developer of the
monologue was him. So the copyright and patent rights belong to him. As
the monologue has being displaying by the Microsoft company, which
belongs to Bill Gates, for long. Can it be now belongs to claimant? Discuss.
4. Sub-Contractor [Link] was severely beaten by his labors because he had
not paid them for than six months. During police investigation it was
revealed that client did not pay to the contractor and contractor did not
pay to the sub contractor. The client did not pay because consultant did not
submit the report. The consultant says the work is defective. The contractor
does not agree because it was not informed on site and blames that the
consultant wants money. Discuss the case.

5. You are working as an engineer from a consulting firm. Yours friend [Link]
is working as a projects engineer from contractor in the same projects. Mr.
Ram invites you for dinner every Friday to celebrate ‘good Friday’ and
request you to share the guesthouse for your accommodation. What would
you do? Prepare a case study based on code of ethics.

6. Akash, an engineer of Smantha Group, located at Balaju, was not to submit

a bid in an office at Guheswori. On his way to Guheswori, he saw a woman
lying on the road hit by a tampoo. She was seriously injured and he thought
that she might survive if he could take her to hospital immediately. He took
her in his vehicle and admitted into the hospital. It was already 5 PM when
he left the hospital so he could not reach Guheswori to submit the Bid. The
samantha Group alleging that he has acted against the company and fired
him. Discuss the case with reference to reasonable skill and competency of
the professional.

7. Company ‘M’ sets up a computer system in its office and purchase

appropriate software package for its business operation. Er. Mirage holds
senior position with the company and his expertise is call on for making
revisions and modification of the software so that the packages become
tailor made. Due to down turn in business Mirage was discharged from the
job later. Mirage formed his own company and used the software with
some modification, which copied from company ‘M’. Has Mirage acted
ethically towards company M? Discuss.
8. You are working on consulting firm and asked to monitor on a water supply
project, which the contractor has reported, “completed”. During
monitoring visit it was found that two structures costing approx. Rs. 25
Lakh were not completed which should have been completed before
midterm monitoring visit. Your friend Mr. Dinesh from the same firm was in
the midterm visit and has already reported to the client that both the
structure are competed. You knew that Mr. Dinesh and Contractor Mr. Puru
are best friend and hence Dinesh submitted a false report favoring Puru.
Dinesh, Your friend told you that if you submit the real report, he would be
in problem. Similarly, if not submit the real report you and organization will
be in problem. Hence he advised you to submit the false report showing all
the things are completed ask Puru to complete the structure as soon as
possible. Your Boss too advised the same. What will you do? Why?

9. A RCC bridge was designed by the designer on behalf of consultant. This

was constructed by the reputed “A” class contractor. After the completion
of the construction, traffic was allowed on the bridge. After six months of
operation there were cracks in bridge. A probe term was established by
road department. The design procedure was okay, but it was found that the
quality of steel material used was not duly tested. The contractor argued
that the procedure of construction was in accordance with the instruction
of engineer and specification, however, the workmanship was found not as
per specification. There was also lack of proper supervision by the
consultant. The design load for the bridge was 20 tons. It was also reported
that there happens to pass more than 20 tons vehicles also. The consultant
was good friend of contractor. Being a member of probe team, what is your
judgment on failure of this bridge?

[Link] a construction project for which you are consultant’s supervising

engineer, the contractor requests you for preparing his running bill of work
done, assuring you to pay a handsome amount of work, as his engineer
recently quit the job. How should you respond? Explain your arguments.
 Write five most important rules of conduct for a professional engineer
considering code of ethics prevalent in Nepal.
[Link] engineer is employed on part-time basis by a small city which cannot
afford a full-time engineer. The city commissioners know the engineer also
work for client who are land developers. The engineer, in his private
consultant’s role, prepares plan for a client. The client then presents these
plans to the city officials, who turn them over for approval to their
engineer, who has now changed to his city engineer’s hat. Is there a conflict
of interest here? Is the engineer acting unethically? Should city taxes be
raised to hire a full-time engineer to prevent this of thing?

12.A faculty member is employed part-time as a technical consultant for an

outside company. Because of his enthusiasm or perhaps as a means of
demonstrating to the official of the company hiring him that he has that
company’s interests uppermost in his mind – he permits himself to become
also an active recruiter of technical personnel for that company on his
campus. Is it ethical to make all companies feel that you are anxious to
place graduates with them?

[Link] engineer is employed on a part-time basis by a small city which cannot

afford a full-time engineer. The city commissioner knows the engineer also
work for client who are land developers. The engineer, in his private
consultant’s role, prepares plans for a client. The client then presents these
plans to the city officials, who turn them over for approval to their
engineer, who has now changed to his city engineer’s hat. Is there a conflict
of interest here? Is the engineer acting unethically? Should city taxes be
raised to hire a full-time engineer to prevent this type of thing?

[Link] engineer, by means of a circular letter addresses to all landowners in a

certain area, offers to survey property at a reduced but stated fee if the
offer is accepted before a certain date. The letter explains that this is
 possibly by making a number of adjoining property survey at one time. Is it
not ethical to pass along savings to the persons served?

[Link] receiving a firm’s expression of interest in furnishing engineering

services, a representative of an eastern state asked one of the partners to
meet with him local hotel. At this meeting, the representative informed the
partner that to obtain work from that state’s highway department a
contribution would be required, and he stated the amount of contribution
for a particular job. Subsequently it becomes known to the partner,
through talking to other interested engineers, that this procedure is more
or less common knowledge. One engineer, a resident of the state, said that
the highway department occasionally retains him on small projects but he
never obtains work of consequence because he has consistently refused to
contribute. A state senator in the same state has said that it is also common
practice for local lawyers to represent engineers in soliciting work. The
lawyer are paid substantial fee by the engineers, who do not ask for an
accounting or disposition of the fees.

[Link] are working as an engineer from a consulting firm in Gorkha. Your

friend Mr. John is working as a project engineer from contractor in the
same project. Mr. john invites you for dinner every to celebrate weekend
and request you to share the guest house for your accommodation. What
would you do? Prepare a case study based on the code of ethics. Make
supplementary assumption if necessary. (2078)

17. Mr. Ronaldo, an engineering graduate carried out the survey for
telephone line requirement for a newly growth city near Lalitpur district. He
estimated 1000 lines for five years period. But in 3 years periods the
demand for telephone line per year drastically increased and application
for telephone line was reached 2000. Discuss this case with reference to
reasonable skill and the competency of the professionals. (2079).
18. Er. Novel was a site supervisor for a construction company. He saw
improper construction procedure, use of wrong materials and untrained
workers. So he reported the manager about the situations. But the
manager ignored and fired him. What should Er. Novel do further? Discuss
the rightness and wrongness of this case.

19. ABC computer consulting pvt. Ltd. was awarded a contract to install a
WAN/LAN connection in XYZ pvt. Ltd. Ram a computer engineer from ABC
went to install the WAN/ LAN in XYZ. In the meantime, he was unsatisfied
with his job, so installed WAN/LAN negligently. After few weeks, manager
of XYZ informed to the manager of ABC that the installed system is not
functioning properly. In response Hari another engineer from ABC went
back to check the installed system and found that Ram’s mistake was there.
It will cost NRs. 2 lakhs to maintain the system again. ABC claimed but XYZ
refused to pay. Discuss who is to blame on which background.

20. A RCC bridge was designed by the designer on behalf of consultant. This
was constructed by the reputed ‘A’ class contractor. After the completion
of the construction, traffic was allowed to the bridge. After six month of
operation there was crack in the bridge. A probe team was stablished by
road department. The design procedure was okey but it was found that the
quality of the steel material was not duly tested. The contractor argued
that the procedure of the construction of construction was in accordance
with the instruction of engineer and specification. There was also lack of
proper supervision by the consultant. The design load for the bridge was 20
tons. It was also reported that there happen to pass more than 20 tons
vehicles also. The consultant was good friend of contractor. Being a
member of the probe team what is your judgement on the failure of this
bridge.

[Link]- contractor Mr. A was severely beaten by his labors because he had not
paid them for more than seven months. During investigation it was
revealed that client did not pay to the contractor and contractor did not
 pay to the sub- contractor. The client did not pay because the consultant
did not submit the necessary bill report. The consultant says that the work
is defective and quality is not according to the specification. While the
contractor does not agree because it was not informed on site and blames
that the consultant wants covert money. Discuss the case considering
contract law, tort, liabilities and negligence whatso ever applicable.

[Link] quality control visit in a remote village. It has been found that a
building is being constructed on the bank of river and it will be damaged
due to flood. Approximately 20% of the construction was completed. The
survey was done your friend Geomatic engineer with consent of the local
people. However, the quality of the construction was as per specification.
Your job is limited to control the quality of the building only. Discuss the
case and recommend your view whether to continue the construction or
not.

23.A factory was using a chemical in making a product. The storage tank of the
chemical waste which was hazardous to health and environment had
leakage. During inspection Er. A from municipality came to know leakage
that had already taken place that might cause the problem on health and
hygiene of the surroundings. you informed your boss about the event.
Considering the possible social objection, he requested you to be silent on
the issue and also hint you to be out of the job if the case would go to the
hand of the social reformers. If you were Er. A what would you do? Discuss.

[Link]. Prasant Paneru was working with the contractor in a construction

project (housing complex). He was given the responsibility of controlling
the quality of work in the site. Incidentally, material supplier (Ram) in the
construction is a friend of Prasant. Owing to the blockade Ram was facing
difficulty in supplying the sand and aggregate as per specification. The
material found in the proximity is slightly substandard. Ram request
Prasant to allow this material to be sued in the site. Ram convinced Prakash
that the strength of the concrete shall be produced as per specification
 even using this sub standard materials. Ram also offered to 50 % cost share
by this saving. How would you judge the conduct of the Prasant and Ram
on ethical ground?
Questions:
25. Enlist the chapter and clauses of the Labor act-2074 and explain the
principle provision of the leave and holidays and steps of the disciplinary
action of the mis conduct.

[Link] the chapter and clauses of the Public procurement act -2063(latest
amended) and explain briefly about the different procurement type of work
provision according to this act.

[Link] Chapter and clauses of the Nepal engineering council Act(amended)

and discuss about the new provision of the issuing the license taking exam
for the engineers in Nepal.

[Link] and explain the code of conduct of Nepal Engineering Council (NEC).

[Link] chapter and clauses of the company act 2063. Explain the different
type of the companies and the company registration process.

[Link] the chapters and clauses of the property right act 2059 and explain
the property right, copy right, trade mark and patent rights.

[Link] chapter and clauses of the PPP and investment act2075 and explain in
details the Public Private Partnership(PPP).

[Link] the different social change theory and explain which theory most
suits for your society.

[Link] is the effect of engineering in social change highlight the role of

engineer for society.
[Link] the profession and illustrate the element of profession.

[Link] is moral dilemma and explain the method of making ethical decision.

[Link] and describe the job of fresh engineer in public/ private sector.

[Link] different type of company and company registration process in

Nepal.

[Link] briefly the different type of the procurement procedures.

[Link] is contract. What are the elements of contract. What are contract
documents. Describe the method of contracting.

[Link] is tender and what are the information to be furnished in tender

notice.
[Link] tort and vicarious liabilities. What are the conditions that
proves there is professional negligence in engineering practice.
[Link] Is it not good and ethical to practice engineering profession without
getting license explain.
[Link] intellectual property. Explain trademark, service mark, patent and
copy right.
[Link] is farther, faster, cheaper and deeper explain it with relation
to its effect in country like Nepal from perspective of cross cutting issues.

[Link] is PPP and how it helps the developing country in development

activities.
[Link] notes on conflict and dispute management.
[Link] notes on safely, risk and benefit analysis.
[Link] notes on the environmental issues related to the development
activities.
Note, tips and examples :
Steps in resolving Ethical dilemmas
1 Engineering Ethics

[Link]: a) No harm, no foul b) some actions are simply wrong

[Link] there are laws to obey follow them

4. search all alternative course of actions

[Link] positive and negative consequences of the all alternative.

Who, what, how questions are solved

[Link] in action:

judging from moral principles: honesty, fairness, equality, dignity

cross of line from action effect on more than one principle

7. Both side (positive and negative) analysis is taken in to account and decision is
made.

Sample Examples:
I)Client came to designer and asked to design a multistoried building. The soil
type is found not suitable for that type of structure. The designer hesitated to
design a building. The client revealed his intension as that he actually not going to
build that structure. But he wanted to collect fund from outside source on behalf
of that design and he wanted to utilize that money in other business. What should
the designer do in such situation? prepare a case study on engineering ethics.

Solutions:

Question: What should Design do? (Moral and ethics of the designer)

Tips:

1)Engineering profession is the application of the knowledge gained from study

and trainings for welfare of the people. The standard of the engineering norms
should be followed. The engineering professional work is being publicly
evaluated. Its not personal matter only.

2) Designer should do design on the basis of the proper required data irrespective
of whether the client builds it or not. Non feasible and non-technical design will
be the sole responsibility of the designer according to the ethics if there is
incompetencies and negligence he will be punished as per rule as immoral and
unethical deed. (NEC code 6: personal responsibility)

3) Further more the designer’s duty is to check and maintain the quality of work
during construction and make due correction if needed. So as the design of
building in this case is not fulfilling the design base for design i.e., the bearing
capacity is not sufficient the designer should not do the design work.

(Write in paragraph in more elaborated structure of language, 1-2 pages

according to the depth of question)

II)A RCC bridge was designed by the designer on behalf of consultant. This was
constructed by the reputed “A” class contractor. After the completion of the
construction, traffic was allowed on the bridge. After six months of operation
there were cracks in bridge. A probe term was established by road department.
The design procedure was okay, but it was found that the quality of steel material
used was not duly tested. The contractor argued that the procedure of
construction was in accordance with the instruction of engineer and specification,
however, the workmanship was found not as per specification. There was also
lack of proper supervision by the consultant. The design load for the bridge was
20 tons. It was also reported that there happens to pass more than 20 tons
vehicles also. The consultant was good friend of contractor. Being a member of
probe team, what is your judgment on failure of this bridge?

Solutions:

Question: What should be the judgement the member of the probe team in the
bridge failure case? (Technical ethical investigation of works or deed of the
related stake holder’s consultant and contractors)
Tips:

[Link] profession is the proper utilization of the knowledge for the welfare
of the society, peoples and the environment.

Consultants’ duty: The ethics of the consultant is to verify, supervise and control
the construction activities according to the engineering norms without any
influence and biasness. If there is any fault he had authority to correct it or stop
the work and report to the higher authority.( NEC code 6: personal responsibility)

Contractor duty: The contractor should thoroughly follow the detail specifications
and the instruction during the construction work. He had no authority to change
or alter the work with out prior approval from consultant’s side.

[Link] professional works are meant for public welfare, safety and protection of
the physical environment. it is publicly evaluated so the negligence and the
breach of the ethical background will harm the professional carrier of the
professionals.

In this case both the consultant and the contractor seem not following the morals
and the ethical standard.

The material checking and maintaining the quality of materials and workmanship
is major duty of the consultant and fulfilling the standard according to it is the
duty of contactor. Here the quality of the steel seem inferior due to improper
testing and the workmanship is also poor. The Consultant seems neglecting his
duty and there is the chance of biasness and fraud practice from consultant’s side
as the contractor is his friend. (against NEC code 5: Deeds which may cause harm to the
engineering profession

(Write in paragraph in more elaborated structure of language, 1-2 pages

according to the depth of question)