Professional Documents
Culture Documents
To compare what you are doing with your society rules and define whether it is
acceptable or not
CHAPTER 3
Human Behavior
Biographical Characteristics
Theory of Human Motivation
Theory X, Theory Y and Theory Z
Hierarchy of needs
Biographical Characteristics
Finding and Analyzing the variables that have impact on employee
Productivity
Absence
Turnover
Satisfaction
Many of the concepts such as motivation, power, organization, politics, culture
are difficult to assess, but some other factors are more easily definable and readily
available
Age
Gender
Marital status
Length of service, etc.
Age
The older you get, the less likely you are to quit your job.
In general, older employees have lower rates of avoidable absence.
A belief exist that productivity declines with age. However reviews of the
research find that age and job performance are unrelated.
A positive association between age and satisfaction
When the two types, professional and nonprofessional employees, are separated,
satisfaction tends to continually increase among professionals as they age,
whereas it falls among nonprofessionals during middle age and then rises again in
the later years.
Gender
There are few, if any, important differences between men and women that will
affect their job performance. There are no consistent male-female differences in
problem-solving ability, analytical skills, competitive drive, motivation,
sociability, or learning ability.
Women are found more willing to conform to authority and the men are more
aggressive and more likely than woman to have expectations of success
There is a difference in terms of preference for work schedules. Some studies
have found that women have higher turnover rates; others have found no
difference.
Women have higher rates of absenteeism than men do.
Marital Status
No evidence to draw any conclusions about the effect of marital status on
productivity.
Married employees have fewer absences, undergo less turnover, and are more
satisfied with their jobs than are their unmarried coworkers.
Tenure
Studies demonstrate that seniority to be negatively related to absenteeism.
Tenure has consistently been found to be negatively related to turnover.
Tenure and satisfaction are positively related ???
Human Motivation
Mc Gregor
Theory X and Theory Y
William Ouchi
Theory Z
Theory X
Assumptions:
Humans inherently dislike working and try to avoid it if they can
Because people dislike work they have to be coerced or controlled by
management and threatened so they work hard
People don’t like responsibility
Average humans are unambiguous and need security at work
Application:
Shop floor, mass manufacturing-production workers
Management Style:
Authoritarian, Hard management
Theory Y
Assumption
People view work as being as natural as play and rest. Humans expend the
same amount of physical and mental effort in their work as in private lives
Provided people are motivated, they will be self-directing to the aims of
the organization. Control and punishment are not the only mechanism to
make people work.
Job satisfaction is key to engaging employees and ensuring their
commitment
People learn to accept and seek responsibility, Average humans, under the
proper conditions, will not only accept but even naturally seek
responsibility.
People are imaginative and creative. Their ingenuity should be used to
solve problems at work
Application:
Professional services, Knowledge workers- Managers and Professionals
Management Style:
Participative, Soft management
Theory Z
It is a Combined American and Japanese management
Long term employment
Collective decision making
Individual responsibility
Slow evaluation and promotion
Informal control
Moderately specialized career paths
Holistic concern for the employee including family
Self Actualization
mission of reaching one's full potential as a person
Self-actualized people tend to have motivators such as:
Truth
Justice
Wisdom
Meaning
only a small percentage of the population reaches the level of self-actualization.
Esteem Needs
Recognition
Attention (external motivator)
Social Status (external motivator)
Accomplishment (internal motivator)
Self-respect (internal motivator)
Social Needs
Friendship
Belonging to a group
Giving and receiving love
Safety Needs
Living in a safe area
Medical insurance
Job security
Financial reserves
Physiological Needs
required to sustain life, such as:
Air
Water
Food
Sleep
Discussion Questions
A sales representative offers you a coffee mug with his company’s name and logo
on it. The value of the mug is NRs100. Can you accept?
Does the answer to this question change if this item is a Nrs. 1000 crystal bowl
with the name of the company engraved on it?
How about if there is no engraving on it?
Lunch with sales representative
At fast food and pay for your lunch
Is this practice acceptable?
Does the answer to this question change if you go to an expensive restaurants in a
5-star hotel? If the sales representative pays for you?
CHAPTER 3
Values
Values are those things that are important to and valued by individual or an
organization
Values are what we judge to be right
What does ‘generally considered to be right” mean?
Look at the positive value of society and the organizations one belong to
Personal Values
Cultural Values
Personal Values
Developed very early in life
May be resistant to change
May be derived from particular systems or groups: Culture, Religion, political
association
Personal Values are not universal
One’s family, generation, history help determine one’s personal values
Researches has shown that adolescents who are involved in groups that connect
them to theirs in school, their communities, or religious institutions report higher
levels of social trust, commitments to the common good of people.
Cultural Values
Are largely shared by their members
Members consider that is important, valuable
Material comfort/Wealth
Competition/cooperation
Individualism/group, etc.
How does our Culture value
Teachers/professor
Govt. officer/engineer
Private company workers
Political leaders
Values are related to Norms
Norms: rules for behavior in particular situations; unstated rules
E.g. Flying national Flag on national day is a NORM; it reflects the VALUE of
Patriotism
Japanese culture: wearing dark clothing (black suit, tie) is a norm at funeral; it
reflects the values of respect and support of friend and family
Attitude
Judgment concerning object, people or events
Underlying way we think, feel and act
Positive or negative consequences of behavior
Attitude develop on
Affective- emotional response,
Behavior-verbal indication, typical behavioral tendency
Cognitive- evaluation through thought, experience and sense
Judgment concerning object, people or events
Underlying way we think, feel and act
Positive or negative consequences of behavior
Negative attitude
Positive attitude
Neutral attitude
Job Satisfaction
Job satisfaction is a pleasurable or positive emotional state resulting from the
appraisal of one’s job (Edwin Locke)
Is an affective reaction to one’s job
Is an individual’s general attitude towards his or her job
Is a set of favorable or unfavorable feelings and emotions with which employees
view their work. It is an affective attitude- a feeling of relative like or dislike
toward something. (J. W. Newstorn and Keith Davis)
Code of Ethics
Professionalism
Code of ethics
Is Engineering a Profession
Job
Any work for hire, regardless of the skill level and responsibility granted
Occupation
Employment through which someone makes a living
Profession
What is profession
Work that requires sophisticated skills, the use of judgment and the exercise of
discretion. Not routine and is not capable of being mechanized.
Membership in the profession requires extensive formal education, not simply
practical training
To set standards for admission to the profession, to set standards of conduct for
members and to enforce
Significant public good results from the practice of the profession (Martin and
Schinzinger 2000)
Requirements to be a Profession
Requires extensive skills
Judgment: decision based on academic/formal training, gives serous impact to
lives of people
Discretion- in performing one’s duty and keeping confidentiality of patent…
…
Carpentry
Require special skills
But many work can be mechanized
A little judgment and discretion required
Training in Carpentry not formal but rather is practical
So Carpentry doesn’t meet the requirements to be a profession
Engineering as a Profession
Requires extensive and sophisticated skills
Discretion is required: intellectual property, business information confidentiality,
etc.
Judgment
Mechanization
Cannot be mechanized
Each new situation that requires new design and modification
E.g. CAD is a tool and this should not be mistaken for mechanization.
Requires extensive formal education/training
Serve for the public good
Business Model
Social-contract
As being set up primarily to further the Public Good
Implicit social contract
Society grants such as high pay, a high status, etc.
In return society receives services provided by the profession
Business Model
• Professions function as a means for furthering the economic
advantage of the members
• Labor unions for elite,
• limiting the number of practitioners of the profession
• Artificially inflating the salaries of its members
Engineering as a Profession
How does Engineering fit in Social-contract and Business model?
Code of Ethics
Codes of Ethic express
The right
Duties
Obligations of the members of the profession
What is code of ethic?
Framework for ethical judgment for a professional
No code can be totally comprehensive and cover all possible ethical situation
Rather, code serve as a starting point for ethical decision making
Code also express commitment to ethical conduct shared by members of a
profession.
Code defines the roles and responsibilities of professionals (Harris, Pritchard and
Robins, 2000)
Contractor’s Duties/Responsibilities
Construct and install the works accordance with the Specifications and drawings
Take approval from PM before subcontracting any part
Not assign the Contract without approval of the Employer in writing
Cooperate and share the site with other contractors (employed by the same
Employer or Other??), Public authorities, utilities and the Employer in the dates
as referred to in the Contract Data
Employ either the key Personnel named in the manning Schedule (qualification)
or other personnel approved by the PM
Remove any person (member of Contractor’s staff) within 7 days if asked by the
Project manager stating with reasons
Not employ child labor allowed
Follow all labor laws/rules
Provide, in the joint name, insurance cover
Verify the availability and suitability of construction materials in preparing the bid
Commence execution of the work on the Start date and Carry out the works
according to the schedule submitted, updated; complete them by Intended
completion date
Submit specification and drawings for the temporary works for the PM’s approval
Take responsibility for the design of temporary works
Obtain third parties approval if required
Make arrangement for the safety of all activities on the site
Notify the PM of any discoveries
Allow the PM and any other person authorized by the PM access to the site
Carry out all instructions of the PM which comply with the laws of Nepal
Permit the Donor Agency to inspect the Contractor’s accounts and records
Cooperate in appointment and replacement of the Adjudicator
Pay half of the cost of the Adjudicator
Submit work program to the PM for his approval
Submit the PM for his approval the updated work program and updated Cash
Flow forecast at interval specified in the Contract data
Warn the PM at the earliest opportunity of likely future events/circumstances that
may adversely affect :
quality of works
increase the Contract Price
delay the execution of work
Provide estimate of the expected effect of such events/circumstances
Cooperate with the PM to avoid/mitigate the unwanted events/circumstance
Search defect, and uncover and test any work if requested by the PM
Carry out test (even not specified in the contract) at own cost to ensure the defect
free work
Correct the notified defect within time specified by the PM
Provide the PM with a detailed cost breakdown of any new rate if requested by
the PM
Provide the PM with a quotation for carrying out Variation if requested by the PM
Submit monthly progress (statement of the works executed less the cumulative
amount certified previously
Pay liquidated damages
Demonstrate the proper utilization of the Advance Payment received
Provide Performance Securities as specified in the Letter of Acceptance
Submit a detailed final account before the end of Defect Liability Period
Duty to maintain the quarry sites, excavated deposits, etc.
Arranging safety, security and maintaining the environment of the site
Pay VAT
Pay income taxes
Comply with Regulations for explosives
Obtain permission as required for blasting
Provide records of Explosives
Provide necessary safety and arrangement for traffic diversion
Step 1: Become an Engineer Intern (the first step – toward full PE licensure)
Graduate from an engineering program approved by your state's licensure
board
Successful in completing the Fundamentals of Engineering (FE) exam
Step 2: Gain professional experience
All states require that candidates complete four years of qualifying
engineering experience, typically under the supervision of a professional
engineer.
Step 3: Prepare for and take the PE exam
the final step in attaining licensure is successfully completing the
Principles and Practice of Engineering (PE) exam.
Licensure Model
Fundamental Canons:
1. Engineers shall hold paramount the safety, health and welfare of the public and
shall strive to comply with the principles of sustainable development in the
performance of their professional duties.
(sustainable development: is the challenge of meeting human needs for natural
resources, industrial products, energy, food, transportation, shelter, and effective waste
management while conserving and protecting environmental quality and the natural
resource base essential for future development, ASCE, 1996 Nov)
2. Engineers shall perform services only in areas of their competence.
3. Engineers shall issue public statements only in an objective and truthful manner
4. Engineers shall act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest.
5. Engineers shall build their professional reputation on the merit of their services
and shall not compete unfairly with others
6. Engineers shall act in such a manner as to uphold and enhance the honor,
integrity, and dignity of the Engineering profession
7. Engineers shall continue their professional development throughout their careers,
and shall provide opportunities for the professional development of those
engineers under their supervision.
Discussion Question
In your opinion, What type of licensure model would be appropriate in Nepal?
Suggest some principles and guidelines to implement your model.
CHAPTER 3
Theory of Ethics
Ethical Theory
Defines terms in uniform ways and link ideas and problems together in
consistent ways (Harries)
Is a comprehensive perspective on morality that clarifies, organizes, and
guides moral reflection.
Provides a framework for making moral choices and resolving moral
dilemmas
Way to identify, structure and integrate moral reasons
Ethical Theory
Utillitarianism- seeks to produce the most utility taking into account the
consequences for everyone affected
Duty Ethics- contends that there are duties that should be performed. (e.g.
not to injure others, etc.) regardless of whether these acts lead to the most
good.
Right Ethics- emphasizes that we all have moral rights, any action that
violates theses rights is ethically unacceptable. The ultimate overall good of
the action is not taken into account. It says we ought to respect human rights.
Virtue ethics- regards actions as right that manifest good character traits and
regards action as bad that display bad character traits. It focuses on the type
of person we should strive to be. Good character is central of morality.
Self realization ethics - emphasizes the moral significance of self-fulfillment.
How self is conceived? The self to be realized is understood in terms of caring
relationships and communities.
Utillitarianism
It holds that those actions are good that serve to maximize human well-being.
Not on maximizing the well being of the individual, but rather maximizing the
well-being of society as a whole. A collective approach.
E.g. building a DAM
Utilitarianism seems a straightforward way to interpret the central principle in
most engineering codes “Engineers shall hold paramount the safety, health and
welfare of the public in the performance of their professional duties”
What exactly is the good to be maximized?
Should we maximize the good effects of individual action or the good
effects of general rules (policies, laws, principles in codes of ethics)?
Utilitarianism and Cost-benefit Analysis
Cost – Benefit analysis
Good and bad consequence of some action or policy
Weighs total goods against total bads
Compares the result
Is this Utilitarianism, But often not
Cost – Benefit analysis
Whose good and bad is considered?
How good and bad are measured ?
Utillitarianism Types
Act- Utillitarianism:- A particular action is right if it is likely to produce the most
good for the most people in a given situation, compared to alternative choices that
might be made.
Rule Utillitarianism:- right actions are those required by rules that produce the
most good for the most people.
Ethics and Decision
Decisions are usually made:
Institutional
Economic analysis
Social analysis
Legal (law and rules) analysis
Individual
Psychological analysis
Philosophical analysis
Ethical Dilemma
Decision moves around
Legal provision/system; Standard of practice: Comply or not
Intention: Right or Wrong motive
Consequence: beneficial or harmful
Duty Ethics
Duty Ethics- contends that there are duties that should be performed. (e.g. not to
injure others, etc.) regardless of whether these acts lead to the most good.
Ethical actions are those actions that could be written down on a list of duties: be
honest, don’t cause suffering to other people, be fair to others, Don’t kill, don’t
deprive of freedom, obey the law, etc.
These actions are our duties because they express respect for persons, express an
unqualified regard for autonomous moral agents, and are universal principles
(Martin Schinzinger, 2000)
Ethical acts are a result of proper performance of one’s duties
Right Ethics
Right Ethics- emphasizes that we all have moral rights, any action that violates theses
rights is ethically unacceptable. The ultimate overall good of the action is not taken into
account. It says we ought to respect human rights.
Holding paramount the safety, health and welfare of the public can be interpreted
as having respect for the public’s right to life (by producing safe products), rights
not be injured (by dangerous products), and rights to receive benefits through fair
and honest exchanges.
Right ethics should provide moral foundation of the political and legal system
According to John Locke (16 32-1704) the three most important basic human
rights are to LIFE, LIBERTY and PROPERTY.
Rights primarily as entitlements that prevent other people from meddling
in one’s life.
Property as whatever we gain by “mixing our labor” with things.
Virtue ethics
Virtue ethics- regards actions as right that manifest good character traits and regards
action as bad that display bad character traits. It focuses on the type of person we should
strive to be. Good character is central of morality.
This theory may seem to be mostly personal ethics and not particularly applicable
in engineering or business ethics. However, personal morality cannot be separated
from business morality. If a behavior is virtuous in the individual’s personal life,
the behavior is virtuous in his or her business life as well.
How can virtue ethics be applied to business and engineering situation?
Is this action honest?
Will this action demonstrate loyalty to my community and/or my employer?
Have I acted responsible fashion?
In using virtue ethics, It is important to ensure that the traits you identify as virtues are
indeed virtuous and will not lead to negative consequences.
ARBITRATION
What is Arbitration?
Arbitration is a process to resolve disputes between contracting parties based
on a contract agreement.
Arbitration is supported by law.
Arbitration is initiated when one party gives notice to the other
The parties then appoint an independent person (Arbitrator) to resolve the
disputes
There are one or three arbitrators sometimes called a Tribunal
The Arbitrators should observe the rules agreed between the parties
The decision by the arbitrator (called an award) is binding.
The award can be enforced in the domestic court without further hearings
under the New York Convention.
Ad hoc Arbitration
The arbitration rule is determined by the parties themselves.
The Rules of United Nations Commission on International Law
(UNCITRAL) are usually applied.
Arbitrator
Appoint an expert (or can be anyone) or more arbitrators upon agreement by
the parties.
Lawyer may be appointed usually.
Most would be engineers in construction cases according to the nature of
disputes or matter of substance.
Arbitration institutes list up arbitrators.
Fee of arbitrator is tabulated by the institutes or
is negotiable with the parties.
Resolution of Disputes
Arbitration under FIDIC Red Book
Resolution of Dispute
If either party is dissatisfied with the Engineer’s decision and
settlement of dispute amicably failed, then the dispute may be settled by
arbitration
Clause 67.3 (1987) requires arbitration and arbitrator appointed
under the Rules of Conciliation and Arbitration of the ICC
Clause 20 (1999) Arbitration: Institutional or Adhoc (UNCITRAL);
International Arbitration – for Foreign Contractors, Laws of Employer’s
country- for Domestic contractors
Arbitrator by an expert or three persons appointed by the Rule
Arbitrator have full power to open up, review, and revise any decision.
Neither parties shall be limited in the arbitration by matters
submitted to the Engineer.
Arbitrator can call the Engineer as a witness and he may give
evidence.
The obligations of the Employer, the Engineer and the Contractor are
not altered during the Arbitration.
Any document other than those used for the Engineer’s decision can
be submitted.
The Engineer may be called as a witness and give evidence.
Neutrality
Arbitrator can be appointed at discretion.
The place of the arbitration can be selected by the parties.
Expertise
High level speciality or expertise is required in dispute on construction
industries.
Specialists in construction industries are to be appointed as arbitrator.
Arbitrators should understand and grasp the contents of the dispute
correctly and in a speedy manner.
Thus, saving in cost and time for the settlement of disputes is expected.
Flexible Procedures
The award is usually made only once
Number of arbitrators and selection method
Language (Public language is used in court.)
Process period
The procedure is based on an agreement on arbitration by the parties and
flexibility is expected.
Limited Appeal
The arbitral award binds the parties.
The Award has the power to bind the parties legally.
The party may appeal court to execute the award, depending on the
country and whether the NY Convention apples.
Appeal
Challenge of arbitral award is made to court.
Sue time limit is different by countries.
The court in the country of arbitration has the right to judge.
The binding power is authorized in Clause 3 of the “New York
Convention”.
Confidentiality
Non-disclosure in Arbitration Procedure
The non-disclosure is supported by a principle that the third persons
cannot attend any hearing without prior permission of the parties.
Such principle of non-disclosure does not have a ground on statute
laws.
Non-disclosure clause is not usually specified in the arbitration rules,
but only in a few arbitration institutes.
Arbitration is a private procedure between the parties, then non-
disclosure is considered inherent from the viewpoint of a nature of
the private procedure.
Duty of Confidentiality
General duty of confidentiality on the arbitration is observed.
The breach of confidentiality is only allowed in case that the public
interest is concerned and the law requires disclosure.
Enforcement Domestic
Award binds the parties by law.
Compulsory execution of the award is made if the award is not carried out by
any party.
Enforcement Internationally
The New York Convention 1958 has about 140 country signatories
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html)
Outcome from Conference of International Commercial Arbitration held at
UN on 1958
Under the New York Convention an award is regarded as a judgement of the
domestic court a “Convention Award”
The Convention guarantees the recognition and enforcement of arbitral
awards
Limited grounds for refusal of enforcement in Article 36 (1) (a) (i) to (v) of
the Model Law by UNCITRAL.
The courts in the countries to recognize and enforce; must judge for the
above refusal reasons by two subjects as specified in Article 36 (1) (b) (i) to
(ii) of the Model Law by UNCITRAL.
CHAPTER 6
Design Firms
Recognized by state licensing statutes
Individual professional – licensed
Employer must be registered
Sole proprietorships, partnerships, limited liability companies,
corporations, etc.
Construction Contracts
Two-Party system
Three-party system
Contract Documents
Construction Contract
GCC
PCC
Specifications,
Drawings, etc.
Consulting Contracts
Letter agreement
Standard Agreement
Developed by professional association
Risk Management
Risk Analysis
Sources of risk-
• The project
• The design professional
• The Client
• Method of project delivery
• Type of contract used
• Time and cost
Risk Assessment
Probability and impact
Risk response
Avoid
Retain
Mitigate
Allocate
Transfer
Monitor
Risk Response
Risk Management
1. Acceptance
2. Mitigation
3. Allocation
4. Transfer
5. Avoidance
TORT
A Tort occurs where there is breach of a general duty fixed by civil law.
An act or omission that infringes a general duty fixed by Law.
When a tort is committed:
Law allows the victim to claim money, known as damages.
Paid by the tortfeasor (who committed the tort)
In some cases, the victim will only be able to claim damages if they can
prove that the tort caused some harms, but in others: they only need to
prove that relevant tort has been committed, e.g. landowners can claim
damages in tort from someone trespassing on their land.
Elements of a Tort
Duty: a plaintiff must establish that the defendant had a DUTY to the plaintiff
Conduct up to the standard of a reasonable person under the circumstances
Breach: must prove that the defendant had beached the duty
Defendant’s act fell below the standard of care of a reasonable person
Damages: must prove the damages to plaintiff by the breach
Neighbor
Persons who are so closely and directly affected by my act that I ought to have
them in contemplation as being so affected when I am directing my mind to the
acts or omissions which are called in question.
Vicarious Liability
Where one person will be held liable for torts committed by someone else; such
liability is said to be vicarious.
VL arises where there is a particular relationship between the two, usually that of
Employer and Employee.
VL is a form of Joint Liability
Who is an Employee?
An employer will generally liable for the acts of their employees, and not those of
an independent contractor.
A staff member working for full time is an employee
Someone called in from time to time to fix some problems – is a independent
contractor, not an employee
CHAPTER additional for 5
Trespass
Trespass
To person
interference with their bodies: Unwanted physical contact
To goods
To protect interference with their goods.
To land.
To protect interference with their land.
Trespass to Goods
Intentional, direct and unlawful injury to, or interference with, goods in the
possession of another.
E.g. riding someone’s bicycle
Elements of Tort
Intentional and direct interference (not accidental)
Goods in possession of another (borrowed/hired)- Wrongful possession
may be sufficient to sue
Trespass to Land
Involves unjustifiable interference with land which is in the immediate and
exclusive possession of another
Not necessary to prove damage to land; the tort is actionable per se (by itself)