CASE #10

The following question address ethics.

ANSWER EACH QUESTION BELOW WITH THE OPTIONS PROVIDED. EACH RESPONSE SHOULD DETAIL BOTH THE ETHICAL AND LEGAL JUSTIFICATION AND RAMIFICATIONS. Explain Your Answers in Detail.Use legal terminology and case law citations as much as possible. Please provide example of a connection to textbook case with citation

1. You have discovered an error in the calculations that show a tall building designed by your firm would be at serious risk of collapse in a 60-year wind. The building is complete and occupied. The possibility exists of strengthening the building but at very significant cost to your firm. What do you do?

- Tell the client that the building and the surrounding area should be evacuated until the building has been strengthened.

2. You work for a sub-contractor who designs structural elements. Your firm's competitors are designing devices to save cost. You believe that the total factor of safety is gradually being eroded and that this will eventually result in problems. What do you do?

- Raise the matter with the sub-contractor who is your client.

3. You are a Technician Member of the Institution. You have started work at a new firm of consulting engineers. You become aware that they use (and therefore you must use) pirated software and you have told the IT manager that this is wrong. He says that everyone does this and then ignores you. What do you do?

- Point out to the IT manager that the use of pirated software is illegal, the cost of the software would not be very great and considerable damage could be done to the reputation of the firm if they are sued.

4. After doing an initial design your firm has been novated (the substitution of a new contract for a previous contract, or the substitution of a new party for a previous party in a contract, so that the previous obligation is considered discharged, or the previous obligor released.) to a design-and-build contractor. The original client with whom you have a long-standing relationship has told you that monthly reports on the performance of the contractor are needed. The contractor who is responsible for the majority remaining part of your fee has told you that he does not need or want you to visit the site. What do you do?

- Explain the situation to the contractor and ask for his permission to visit and report.

5. You work for a consulting engineer that has been asked to work with an architect to inspect and report on an empty mill building with a view to possibly refurbishing it. The mill turns out to be derelict (deserted by an owner or keeper, abandoned, run-down or dilapidated) with most of its roof collapsed, and walls in very bad condition with loose stonework which could easily detach and fall. Therefore, you inspect it externally only and from an access platform. The mill immediately adjoins the towpath of a canal, which is used by local people for walks and cycling. What do you do?

- You contact the local authority immediately, explaining the dangerous condition of the building and very strongly advising that access along the tow path be fenced-off adjacent to the building, for safety reasons.