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Ethics Lecture 9

American University in Cairo School of Sciences and Engineering Department of Architectural Engineering

AENG441 – Professional Practice, Design Management and Codes

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PROFESSIONAL ETHICS

Joining a professional society means subscribing to that society's ethical standards.

ETHICS Professionals are granted certain rights by society and, in turn, they are obligated to meet accepted standards of professional behavior.

ETHICS • Ethics are integral to the practice of architecture. • The enlightenment philosopher Jean Rousseau talked about the concept of a Social Contract (1762) , by which people of different backgrounds and cultures could enter into an agreement that would limit some of their liberty, but in doing so would help to create a more solid foundation for civilization.

The Code of Hammurabi 1700 or 1800 B.C.

• Law 229. If a builder build a house for someone, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death. • Law 230. If it kill the son of the owner, the son of that builder shall be put to death.

ARCHITECT

Honesty and Integrity provide a shield of protection to the public welfare and safety.

Professional Practice and Ethics 1- While performing services, the architect's foremost

responsibility is to the public welfare.

Professional Practice and Ethics 2- Architects shall approve only those designs that safeguard

the life, health, welfare and property of the public while conforming to accepted professional standards.

Professional Practice and Ethics 3. If an architect’s professional judgment is overruled resulting in

danger to the life, health, welfare or property of the public, the architect shall notify his/her employer or client and any authority that may be appropriate.

Professional Practice and Ethics 4. Architects shall be objective and truthful in professional

reports, statements, or testimonies and provide all pertinent supporting information relating to such reports, statements, or testimonies.

Professional Practice and Ethics 5. Architects shall not express a professional opinion publicly

unless it is based upon knowledge of the facts and a competent evaluation of the subject matter.

Professional Practice and Ethics 6. Architects shall not express a professional opinion on

subject matters for which they are motivated or paid, unless they explicitly identify the parties on whose behalf they are expressing the opinion, and reveal the

interest the parties have in the matters. This is to avoid bribery, dishonesty, and slant in the business.

Professional Practice and Ethics 7. Architects shall not associate in business ventures with nor

permit their names or their firms' names to be used by any person or firm which is engaging in dishonest, fraudulent, or illegal business practice.

Professional Practice and Ethics 8. Architects who have knowledge of a possible violation of

any of the rules shall provide pertinent information and assist in reaching a final determination of the possible violation.

Our foremost obligation is to the public welfare.

ARCHITECT

By applying the codes of ethics, an architect earns the trust and respect of his clients and employer.

Professional Practice and Ethics 1. Architects shall not undertake technical assignments for which

they are not qualified by education or experience. This would be unfair, since the quality of the work would be inferior.

Professional Practice and Ethics 2. Architects shall approve or seal only those plans or designs that

deal with subjects in which they are competent and which have been prepared under their direct control and supervision.

Professional Practice and Ethics Division 3. Architects may coordinate an entire project provided that

each design component is signed or sealed by the specialist responsible for that design component.

Professional Practice and Ethics Division 4. Architects shall not reveal professional information without

the prior consent of the employer or client except as authorized or required by law.

Such "professional information" does not belong to the

architect, but rather to the client or employer.

Thus, disclosure of this information would be like giving away something that does not belong to you.

Professional Practice and Ethics 5. Architects shall not solicit or accept valuable

considerations, financial or otherwise, directly or indirectly, from contractors, their agents, or other parties while performing work for employers or clients. This is

commonly known as bribery or conflict of interest.

Professional Practice and Ethics 6. Architects shall disclose to their employers or clients

potential conflicts of interest or any other circumstances that could influence or appear to influence their professional judgment or the quality of their service.

Professional Practice and Ethics 7. An architect shall not accept financial or other

compensation from more than one party for services rendered on one project unless the details are fully disclosed and agreed to by all

parties concerned. This would be an obvious case of conflict of interest.

Professional Practice and Ethics 8. Architects shall not solicit or accept a professional contract

from a governmental body on which a principal or officer of their firm serves as a member.

Professional Practice and Ethics 9. An architect who is a principal or employee of a private

firm and who serves as a member of a governmental body shall not participate in decisions relating to the professional services solicited or provided by the firm to

the governmental body.

Honesty and good will among engineers provide the foundation for maintaining the reputation of their profession.

Professional Practice and Ethics 1. Architects shall not misrepresent or permit misrepresentation of their or any of their associates' academic or professional qualifications. They shall not misrepresent their level of

responsibility nor the complexity of prior assignments.

Professional Practice and Ethics Division

Revision 2. Architects shall not directly or indirectly give, solicit, or receive any gift or commission, or other valuable consideration, in order to obtain work.

Remember the term "bribery“ & "conflict of interest“.

Professional Practice and Ethics Division

Revision 3. Architects shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputations, prospects, practice or

employment of other architects, nor indiscriminately criticize the work of other architects.

Videos • Ethics: From Building to Architecture • In the video, Henry Cobb, FAIA; Carl Sapers, Hon. AIA; and Mack Scogin, FAIA; discuss ethics, as applied to architectural practice in the broadest sense.

• Cobb immediately takes ethics beyond the architect, to the building: “For me, the issue of ethics in architecture is not primarily about practice; it is about what I call 'the voice of architect,' the way that buildings speak.”

• https://youtu.be/xthJKWOErVU 29

INTRODUCTION • Legally, Architects are required to perform in a manner consistent with that of other competent professionals practicing in the same jurisdiction under similar circumstances. • Anything less may constitute negligence, for which the professional can he held personally liable and be penalized.

CONTRACTUAL OBLIGATIONS 1. The obligation to achieve results Not performed unless the result is achieved.

Thus, an obligation to construct a building is not performed unless the building is constructed.

2. The obligation to exercise care or make an effort Is performed by exercising such care or making such effort even if the result is not achieved.

Thus, a doctor is required to make an effort in curing his patient. He is considered to have performed if he exercises the care and makes the effort usually required by the reasonable person of his profession. But he is not considered to have breached his obligation if the result of his effort is not achieved.

PROFESSIONAL INDEMNITY INSURANCE • Because design professionals can be held personally liable for their own negligence (errors and omissions), they should purchase liability insurance.

• Premiums of such insurance policies depend on several variables including the discipline(s) being insured, the types of clients, projects, services offered, and the amount of deductible.

• In some cases, design firms may buy insurance for a single project. This can be appropriate for unusual projects or projects needing higher than normal coverage.

PROFESSIONAL INDEMNITY INSURANCE • The following can substantially reduce the potential for liability claims and/or the likelihood that such claims will result in the award of damages: • Preparing sound written agreements • Developing good personal relationships with clients and contractors (people are far less likely to sue people they like and respect) • Maintaining clear and regular written communication with clients, consultants, and contractors • Addressing problems proactively when they arise • Managing risk in client selection, fee negotiation, and project design and execution.

ETHICAL RESPONSIBILITIES • In general, a professional is obliged to act ethically.

• A professional’s ethical responsibility usually go beyond the legal.

• The following are the rules of the AIA 2012 Code of Ethics and professional Conduct, as a guideline: I. II. III. IV. V. VI.

General Obligations Obligations to the Public Obligations to the Client Obligations to the Profession Obligations to Colleagues Obligation to the Environment

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PROFESSIONAL ETHICS

The code of ethics provides members with guidelines and rules for fulfilling their obligations to the public, clients and users of architecture, the profession, their professional colleagues, the building industry, and the base knowledge on which the practice of architecture rests.

PROFESSIONAL ETHICS The code is arranged in three tiers:

1. CANONS: Broad principles of conduct to the discipline, the public, the client, the profession, and professional colleagues.

2. ETHICAL STANDARDS: More specific goals toward which members should aspire in professional practice and conduct.

3. RULES OF CONDUCT: Implement the canons and the ethical standards. The canons and ethical standards are stated in aspirational terms; the rules are mandatory and describe the "floor" below which a member's actions may not fall.

Arrangement

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Example

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Architect Obligations

General

Public

Client

Profession

Colleagues

ETHICS Problems

ETHICS Problems

ETHICS Problems

ETHICS Problems

ETHICS Problems An architect may not:

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