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home assignment

answer 5 questions (two as indicate) , three as your choice do not


CRN CRN
repeated as far as possible
Define contract and agreement. What are the essential elements of a
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contract?
Discuss, why IPR is essential? Discuss copyright, patent right and
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trademarks.
What are the fundamental of ethics? What is a code of conduct of
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professional engineer set by Nepal engineering council?
What is a profession? What are liability and negligence? Write down
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the code of conduct to be followed by Engineers?
5 What is conflict and discuss the dispute resolution process? 5 44
What is meant by society and community? Illustrate the
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characteristics of society. What are the theories of social change?
What is the influence of technology on society? Discus social change
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and factors governing the social change.
What is the procedure of tender? List the essential information to be
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incorporated in the tender notice.
What is the purpose of tender? List the essential data to be contained
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in the tender notice.
What is technology and social change? What are the factors
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governing social change?
What is meant by profession and ethics? What is a code of conduct
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of professional engineer set by Nepal engineering council?
What is the purpose of that tender? List he essential information to
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be contained in the tender notice.
13 What is a contract? What are the basic elements of a contract? 13 36
Define Tort and Negligence; differentiate tort liabilities and
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vicarious liabilities.
What is tender? What are a bid security and performance security
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deposit? What is bid validity?
What is meant by moral and ethical? Write down the code of conduct
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to be followed by Engineers?
Write the feature of labor act. Discuss provision of health and safety
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in labor act.
Define social change and its theories. Discuss the roles of an
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engineer in the transformation of societies.
Define ethics. What are different ethical theories? Discuss. What is a
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profession?
Define Society. What are the factors causing social change? Discuss
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briefly on conflict theories of social change
Define intellectual property right? Elaborate patent, design, and
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trademark.
What is a code of conduct? Discuss briefly on the code of conduct to
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be followed by Nepalese Engineers.
What are the objectives of Nepal Engineering Council? How does it
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differ from Nepal Engineering Association?
What is liability and negligence? Discuss briefly on vicarious and
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liability of partners in tort cases.

A Client came to a designer and asked to design a multistoried


building. The soil type of the proposed site was found to be
unsuitable for that type of structure. The designer hesitated to design
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the building. The Client said that he actually is not going to build
that structure. He wanted to collect money from outside sources
showing that design as a proposal for his venture and he wanted to
use that money in other business. Discuss the situation.

A factory was using a chemical in processing a product. The storage


tank of chemical waste, which was hazardous to health and the
environment, had a leak. During inspection, an engineer, Mr. A came
to know of a leakage that had already taken place that might cause
26 adverse impact on health and hygiene of the surroundings. Mr. A 26 23
informed his boss about the event. Considering the possible social
objection, the boss requested Mr. A to be silent on the issue and also
hinted to Mr. A that he may have to be out of the job if the case
would go into the hands of social reformers. If you are Mr. A what
you would do? Discuss the situation.

A recently built simply supported RCC roof slab of a single storied


poultry plant in Chitwan, collapsed and killed all the chickens in the
farm. The farm owner blamed the labor contractor for the defective
work. The contractor denied and accused the client of providing low
quality and inadequate amount of steel bars for the roof slab. The
farm owner then asked for compensation from the steel bar supplier
(for inferior quality bars) and the consultant (for improper
27 supervision during construction). The bar supplier defended 27 22
themselves by saying that the farm owner bought the cheapest bar
from them which had no guarantee. The consultant reported that the
cause of the roof collapse is the use of very dirty water in mixing the
concrete, which was provided by the farm owner and used by the
contractor despite verbal objections from the consultant’s site
supervisor. Analyze the situation carefully and decide which party
(client, contractor, and consultant) is more responsible or less
responsible for the roof collapse. Explain your decision with
reference to the Professional Code of Conduct.
ABC Company awarded a contract of building work in KMC after
dismantling the old building. The owner of the descendants of the
landowner filed a lawsuit in order to stop the construction work as
28 they claimed it was their land. The court approved the lawsuit as per 28 21
the landowners’ demands as once the building being used is
dismantled, it is legally their land as per their claims. The contractor
has already spent a significant amount of money for this project.
Now, from the engineering contract aspects, what do you suggest?
Discuss the situation.

Alok has been a Tribhuvan University employee for 15 years. To


work outside of the university is not allowed by TU ACT and bylaws
29 without written permission. But, now Alok is principal of an 29 20
affiliated college for three years without getting permission or
fulfilling these formalities. Discuss the conflicting issues.

An engineer, hired by a software company, believes that the


company’s new software design is safe under existing standards.
However the new software may not meet the new standards that he
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knows is about to be released. Performing more tests could cost both
the company and the public significantly. Issues of conflicting
obligations to the company and the general public also arise. Assess
the situation.

As an expert consultant, you were asked to conduct a compliance test


(performance check) for the new transformer installed for a rural
electrification project financed by an INGO and handled by local
users committee (UC) at rural area of western Nepal. The project is
to be completed by the end of December 2019, otherwise the donor
31 would stop the payment. When you visited the site in the mid of 31 18
December 2019, you found that the transformer was not installed.
The UC informed that the transformer was ordered from the supplier
of Nepalgunj and was going to be delivered on site within a few days
and the UC requested you to submit the performance check report so
that they could install the transformer after some time as it will be
beneficial to about 300 households of the project area. Discuss the
situation

As an expert consultant, you were asked to evaluate and provide


completion certificate to users committee (UC) for final payment
procedure of an irrigation canal work in Dadeldhura constructed
through users committee. You found that the canal is excavated by
the excavator (backhoe) and completed as per design. As per public
32 32 17
participatory provision in the Act it is prohibited to use heavy
equipment in the participatory approach work, because the
motivation of public participation is to generate employment and to
give opportunities to local labor. The UC requested you to provide
the certificate because the young people were not available in the
village during those days thus they used the equipment. Discuss the
situation.
As an expert consultant you were asked to monitor (performance
check) a new water pump installed for a water supply project
financed by an INGO and handled by local users committee (UC) at
rural area of western Nepal. The project to be completed by the end
of December 2019, otherwise the donor would stop the payment.
33 33 16
When you visited the site at the mid of December 2019, you found
that the water pump was not installed. The UC informed the pump is
ordered from the supplier of Nepalgunj and is going to be delivered
on site within a few days and the UC requested you to submit the
performance check report so that they could install the water pump
after some time and it will be beneficial to about 300 households of
the project area. Discuss the situation.

Galaxy Enterprise (GE) is a giant supplier of construction materials.


GE arranged a function and invited about 150 engineers/architects
for a dinner at a five star hotel to promote the recently introduced
anti-termite product in Nepalese market. Mr. CK is a consulting
34 engineer who has been assigned to write specifications for a National 34 15
Theatre Building Project. Consulting engineer Mr. CK
approximating the new product introduced by GE and is about to
incorporate its features in the specification. Executive Director of GE
Mr. X invited Mr. CK for dinner in his house. Mr. X and Mr. CK are
alumni of the same school. How should personal relations come into
this matter? Discuss the situation.

Gaurav, an engineer, is invited along with other engineers to a one-


day complimentary educational seminar sponsored by the ABC
Manufacturing Company (ABC). The seminar is designed to educate
(provide information to) engineers on current technological
35 advancement in the selection and use of the product (material) 35 14
produced by the ABC. The seminar is a part of the ABC’s marketing
policy to become better known in the engineering community. The
ABC will provide refreshments, luncheon, cocktail dinner and a
handbag, all free. Gaurav accepts the invitation and agrees to attend
the seminar. How should personal relations come into this matter?
Discuss the situation.

Laitjung is asked to prepare specifications for the water expansion


system. While he is competent to do so. Laitjung also owns a
36 company that manufactures and sells such systems. Does this 36 13
situation create a conflict of interest? If so how should it be treated?
Discuss
Read the case carefully and Discuss the situation: As an expert
consultant, you were asked to monitor (performance check) a new
water pump installed for a water supply project financed by an
INGO and handled by local users committee (UC) at rural area of
western Nepal. The project to be completed by the end of December
37 2019, otherwise the donor would stop the payment. When you visited 37 12
the site in the mid of December 2019, you found that the water pump
was not installed. The UC informed the pump is ordered to the
supplier of Nepalgunj and going to be delivered on site within a few
days and the UC requested you to submit the performance check
report so that they could install the water pump after some time and
it will be beneficial to about 300 households of the project area.
Discuss the situation.
Read the case carefully and discuss: The Client hired an Architect
38 Bibek to design a building. Bibek recommended the client to conduct 38 11
a soil test before start of the design work. The Client said that
conducting the soil test would unnecessarily add more cost.

Rohit, an engineer working in a water supply project , is invited,


along with other engineers, to a one-day complementary educational
seminar sponsored by MAMA Steel and Pipe Company. The
seminar is designed to educate engineers on current technological
39 39 10
advances in the selection and use of pipe construction. The seminar
is a part of a larger effort by the MAMA Steel and Pipe Company to
become better known in the engineering community. The MAMA
Steel Company had provided all refreshments, including a buffet
luncheon during the seminar and a cocktail reception immediately
following the seminar. Rohit accepts the invitation and agrees to
attend the seminar. Discuss the situation.

Shiva, a bridge engineer has designed a bridge to facilitate


movements between two villages. The bridge was designed to carry
out 10T load. No vehicle movement was seen in both the villages.
40 People use carts to carry loads in both the villages. However, once in 40 9
a while, the villagers use heavy vehicles (20T tippers) over the
recommended weight limit of the bridge. The client had made final
payment and the defect liability was six months after completion of
the construction, but cracks were seen within the first 4 months of
the construction. Assess the situation.

The Client hired an Architect Bibek to design a building. Bibek


recommended the client to conduct a soil test before start of the
41 design work. The Client said that conducting the soil test would 41 8
unnecessarily add more cost. Discuss what Bibek should do in this
situation.
The construction of the Gaighat-Diktel road started around 26 years
ago with an objective to link Khotang with Tarai. But the road
project is yet to be completed. Locals blame the delay on the
negligence of contractors and the government’s lackadaisical
response to monitor them. To upgrade and blacktop the 76-km long
42 road stretch, the Gaighat-Diktel road project had awarded contracts 42 7
to four construction companies in 2016. The deadline for the
project’s completion was mid-July this year. But only three
kilometers of the entire stretch have been blacktopped so far. “Four
different construction companies were awarded the contracts by
dividing the road into different sections. Though there was some
progress in administrative works, the physical progress of the
construction work has been slow”. Evaluate the situation.

The Dharahara Tower, one of Nepal's iconic landmarks in its capital


Kathmandu, was reduced to rubble Saturday (25 April 2015) when a 7.8-
magnitude earthquake devastated the nation, killing up to 180 people
and leaving up to 200 sightseers trapped inside. Dharahara also called
Bhimsen Tower, is a nine story (50.2m) tall tower at the center of
43 Kathmandu. It was built in 1832 A.D. by the Prime Minister of the time, 43 6
Bhimsen Thapa of Nepal. Thapa built the tower under the orders of
Queen Lalit Tripura Sundari. The tower has a spiral staircase inside
containing 113 steps and no elevator. The 8th floor holds a circular
balcony for observers that provides a panoramic view of the whole
Kathmandu valley. The Dharahara was built with brick and shurkhi mortar
walls without any reinforcement. It was already studied by several
scholars and informed through the media that Dharahara had no capacity
to withstand horizontal force. The tower has been open for the general
public since 2005 for a small fee. The tower had already been destroyed
and rebuilt once before, following a 1934 earthquake. Even in such a
situation the concerned authority still allowed public sightseers to climb
the Dharahara. Unfortunately on April 25 2015 it once again faced its
demise. Discuss the situation.

The M7.8 rector Gorkha earthquake of 25th April, 2015 and major
subsequent aftershocks caused a total death of 8,898 people and
injured 22,309 people with destruction of 604,930 houses and
damages of 288,856 houses in Nepal. According to PDNA, a total
estimated loss is NPR 706,461million (US$ 706 million). The
44 distribution of disaster effects between private and public sector 44 5
shows more than three-fold damages in the private sector compared
to the public sector. “This is the biggest death toll reported from a
single building in Kathmandu area. Many buildings have collapsed
but very few people were inside during the tremor. Police records
show that the fatalities were particularly high in Sitapaila, Kalanki,
Gongbu, Thamel and the neighborhoods inside Kathmandu that had
many old buildings. Discuss the situation.
The National Human Rights Commission has voiced its concern over
the death of a teenage girl and injury of another on flooded roads in
the Capital on Friday. Thirteen-year-old girl died after she fell into
an open manhole on her way from school. On the same day, a boy,
13 years old, was rescued by a stranger when she was swept along a
45 drain in Samakhushi. In a statement on Monday, the NHRC urged 45 4
the Home Ministry to find reasons within 10 days behind the death
and accidents and a report on the unmanaged drainage system in the
Valley. The NHRC also appealed to the government to consider
human rights while carrying out development works. It expressed its
grave concern over the government’s inability to complete road
construction, sewage management and pipe laying for the Melamchi
Water Supply Project on time. Delays in the projects have greatly
inconvenienced commuters and hindered people’s regular activities.
Evaluate the situation.

Thousands of passengers travel through the Prithivi Highway every


day. The monsoon, however, has made their journey perilous,
especially in Dhading area. As soon as it starts raining, the road gets
blocked by the debris falling from sand mines above, leaving the
passengers stranded. Passengers find themselves helpless in the
middle of the road during hours-long roadblock. In the last few
46 days, the road has been blocked regularly. On Saturday, it remained 46 3
blocked for around seven hours. Interestingly, the authority did not
have to go through hassles to find workers to clear the road however.
Since it was not other kind of debris, but heaps of sand, workers
were deployed by the factories themselves. The factories based in
Baireni were competing to collect the maximum amount of
sand. “They do not pay any tax to the government. They are here
only to make profit and the authority is not bothered”. But this has
been troubling travelers, troubling passengers every day. Assess the
situation.
23. XYZ Company awarded a contract of building work in NTC at
the same place after dismantling an existing old building. The
construction period is fixed for 18 months and the delay of
construction will lead to penalties of Rs. 20000 per day up to 10
percent of the contract price ( i.e. Rs. 50M). The prime contractor
sublet the dismantling work for 2million rupees to be done within
47 four weeks. Right now, the same old building is being used by NTC 47 2
for his office work. As per provision of contract, NTC should have
evacuated the old building within four weeks from the date
established by the prime contractor. Even after the end of nine
months, NTC had not shifted the office from the old building. Now
NTC has cleared the building but the sublet parties refuse to
dismantle the building at the same cost once agreed. Now, from the
engineering contract aspect, what do you suggest? Discuss the
situation.

You are asked to evaluate and provide certificates to a user


committee of an irrigation canal work in Dadeldhura. You found that
the canal is excavated by a backhoe excavator and completed as per
48 plan. As per public participatory provision in the Act it is prohibited 48 1
to use heavy equipment at work, because the motivation of public
participation is to generate employment and labor based. The UC
requested you to provide the certificate because the young people
were not available in the village in those days, thus they used the
equipment. Discuss the situation.
4,5,9 nec 8

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