Engineers’ Ethical Responsibility during Construction

1. Engineers’ Ethical Responsibility during Construction William M. Rodwick PE, BSCE, MPA Continuing Education Consultant Rev 0, 3/13

2. Present the responsibility for ethical behavior that Engineers have during design & construction of facilities for the Public Derives from the engineer’s fiduciary position to ensure the Public’s safety & welfare, as Constructor or Overseer of Construction Objective

3. Ethics – study of standards of right and wrong – philosophy dealing w moral conduct, duty & judgment when dealing w others Morality: choices that help or hurt others Fiduciary –holding a trust & being legally responsible for others, or property – value: depends on public trust & confidence Definitions

4. PEs must commit to using their technical skills & knowledge for the betterment of society Protecting the Public isn’t always making decisions w life or death consequences Protecting the Public welfare: safeguard the well-being & quality of life in our communities …+ safety & health NSPE’s Code of Ethics

5. You are the agent of the Owner Responsible to exercise reasonable levels of care (not highest)… …Usually exercised by your professional peers under similar circumstances Ethical Responsibility in Construction Oversight

6. Know what an ethical business relationship with a contractor is &… Be able to monitor it & manage it Know how to make timely, ethical, defendable decisions & gain support for them, to get the job done (even if risky) Know how to hire & develop decision-makers Standards of Expected Performance of an Ethical CM:

7. The Engineering Manager’s ethical responsibility includes doing the right thing toward all those (s)he comes in contact with That includes the Contractor, the Owner, and the office/ field staff… besides the “Public” Your people are part of the “Public” Standards of Expected Performance of an Ethical CM:

8. METHODS OF ACHIEVING THESE STANDARDS

9. Composed of mutual integrity, i.e. of being honest, fair & reasonable & keeping your word Friendship is not an objective… Only mutual respect Start with an open & positive attitude Clear away the bureaucratic obstacles Ethical Business Relationship

10. Proactively seek to help the contractor be successful by: Looking ahead for contractual & technical areas of danger, sensitivity & opportunity hidden in Owner’s system of operation Expect a reciprocal attitude in return Ethical Business Relationship

11. Let Contractor set the rules for the relationship Look for integrity If this isn’t forthcoming, provide instruction The 2 organizations are joined contractually It would take major efforts to separate them Can be done thru termination for cause …with sufficient documentation Ethical Business Relationship

12. Be forthright in expressing feelings & concerns Develop trust: verbally inform Contractor of displeasure, anger, etc., as soon as the issue comes to your attention Also true about an anticipated issue And is a method of teaching, if that is necessary Ethical Business Relationship

13. Express feelings & consequences to you & the job because of the action or inaction Do not blame or characterize the Contractor’s possible motivations You can thus deal with very serious issues without closing down the dialogue Ethical Business Relationship

14. Always talk about a problem with the other person before putting anything in writing It will help you understand the other side of the issue and can save a lot of embarrassment and bad feelings Ethical Business Relationship

15. Have limits, which you express up front, on your forbearance and hold to those limits Also called “telegraphing your intentions” Lets the Contractor know how far you will go – and he will test you Ethical Business Relationship

16. If you then back slide – you will have undermined yourself Talk about the limits at the start, and reach agreement, if you can – But in any case, hold firm (Another teaching tool) Ethical Business Relationship

17. Can be self-monitored and managed Keep a decision diary: enter ea major decision /direction given for possible future review Acts as a filter, helping you decide if you would be proud to have someone read the decision & perhaps your reasoning, say in a court of law Mistakes happen. If you make one, apologize, apologize, apologize – and then correct it Ethical Business Relationship

18. KNOW YOUR LIMITATIONS – both technically and business-wise Never be afraid to admit them & find the appropriate source of knowledge-your boss, another CM, the designer, etc.– QUICKLY For a controversial issue, notify your boss & solicit their advice Makes it a joint decision & prevents Contractor from trying an end run to get a different decision from those above you Making Timely, Ethical, Defendable Decisions

19. If an error occurs or something bad happens, recognize that it is NEVER smart, or proper to try and hide it It NEVER gets better with age The sooner you tell your boss, the sooner a solution can be found & the better you have protected him and those above him If you have ideas on how to solve the problem, so much the better Making Timely, Ethical, Defendable Decisions

20. Making a decision: i.d. what the decision must do rank what might be nice to have, by importance develop alternative solutions by brain storming – w/o judging… see which one best solves the problem Making Timely, Ethical, Defendable Decisions

21. Making a decision: 4. look ahead for future bad consequences if each decision is followed – rank them by how bad these are and the probability of them happening. 5. for the secondary consequences, determine preventions or mitigations to control them, should they happen Making Timely, Ethical, Defendable Decisions

22. Dispute w the Contractor: Before writing a letter of direction, review the contract language & drawings yourself Write down the contract words that support your view Then the words that support his view Making Timely, Ethical, Defendable Decisions

23. Dispute w the Contractor: When writing the direction letter, list each contract citation, both pro & con with your fair and reasonable conclusion based on each citation You may find, in writing the letter, that you will have changed your mind because the contractor’s argument has more validity than yours Making Timely, Ethical, Defendable Decisions

24. Dispute w the Contractor: If you are still convinced of your position then you will have a very well documented decision analysis and a very defendable decision Use this information to advise your boss of your decision Making Timely, Ethical, Defendable Decisions

25. Dispute w the Contractor: Even if subsequently, your boss or the Chief Engineer disagrees with you, your analysis will leave no doubt as to your reasoning It will have allowed you to make the strongest arguments you could to gain support for your position, as well as protecting you during any higher level review Making Timely, Ethical, Defendable Decisions

26. Dispute w the Contractor: Also, studying your superior’s reasons for the disagreement will teach you a great deal because you have done such a complete job of research Again, before making a decision, ALWAYS read the contract or regulation words your self Never rely on someone else’s interpretation Making Timely, Ethical, Defendable Decisions

27. If you have to make quick decisions – trust your gut – this is your intuition talking (your diary is your gut) When in doubt, decide in favor of the better job and safety Decide against making it cheaper for the Contractor w/o some benefit of equal value for the Owner Making Timely, Ethical, Defendable Decisions

28. If you have time: sleep on it Write it down & forget about it for several days – your mind is working on it without let up Making Timely, Ethical, Defendable Decisions

29. Making time to plan ahead & setting priorities Delegating many of your routine decision- making authorities to others does several wonderful things: It creates quiet time for you It provides training opportunities of your people Making Timely, Ethical, Defendable Decisions

30. If you make an agreement or commitment, KEEP IT. Unless you find, upon reflection that: The commitment was flawed/incomplete /unethical The agreement was unfair & the Owner would be disadvantaged The agreement was unfair & the Owner would be taking advantage of the Contractor Making Timely, Ethical, Defendable Decisions

31. Decision Change: Immediately explain to all parties your problem and reformulate the agreement/decision Remember – to make a mistake in one thing But not to admit it and then correct it, is another mistake Making Timely, Ethical, Defendable Decisions

32. In your decisions, don’t try to save the world You cannot satisfy everyone You live in & are only effective in, the realm of the possible Pick your fights – don’t have them thrust upon you by the Contractor or by someone at or below your level – unless you want it (and then only if you know you can win) Making Timely, Ethical, Defendable Decisions

33. If your boss gives you the fight – then you’ve got to do it – as long as its legal and ethical Explain to him any negative consequences you see before you start out If he accepts these, then have at it Recognize that he may be giving you the fight to see how you do and/or to stretch you Making Timely, Ethical, Defendable Decisions

34. Determine where you are before you start down any path If someone asks a pointed question/makes an accusation – stop & think about the WHOLE process involved & where in that process this issue resides Then, as you answer, you can first give this background, i.e. put the issue in context and then deal directly with the issue Making Timely, Ethical, Defendable Decisions

35. Many times, just explaining the context, settles the matter Ask the “stupid” question if you don’t understand There is no such thing as a stupid question – no matter how high a level you attain Making Timely, Ethical, Defendable Decisions

36. Know your strengths & weaknesses & hire to support your weaknesses Give your people the confidence & the permission to tell you when they think you’re wrong Don’t bite their heads off – thank them and tell them you’ll consider their advice Hiring & Developing Ethical Decision Makers

37. Recognize that, the more decision-makers you have working for you, the more successful you will be People who make decisions take ownership of them & expend great effort to make their decision come to fruition Hiring & Developing Ethical Decision Makers

38. Interviewing a new hire or promotion, look at: past record of taking charge taking ownership trying to make their job more successful taking on responsibilities above their job description already doing the job they’re applying for Hiring & Developing Ethical Decision Makers

39. Interviewing for new hire or promotion: Never hire someone w the hope that they may step up to the task but have no past history of being proactive Hiring & Developing Ethical Decision Makers

40. Once hired: You must nurture these people Give responsibility & authority & encourage them Give them support thru training, advice & back- up Gain their trust by not allowing a Contractor to out flank them and get you to reverse their decision without talking to them first Hiring & Developing Ethical Decision Makers

41. Once hired: If you do have to reverse their decision, make sure they understand why & learn from it. Do this in private & allow them to reverse their own decision Hiring & Developing Ethical Decision Makers

42. Give your people increasingly responsible roles so they learn the whole business & can take your place when you get promoted because they did such a good job for you Remember, as a boss your main and most important job is giving your people all the tools they need to be successful Hiring & Developing Ethical Decision Makers

43. Look at your boss as a customer and a decision-maker for you Determine his strengths and weaknesses Help him strengthen his weak areas by expressing your ideas as opportunities for him to be successful & by giving him information & support to make it happen Hiring & Developing Ethical Decision Makers

44. Don’t inadvertently pick up problems from your subordinates (or try & save them) If they come to you with a problem: listen; ask questions to clarify only; repeat what they say to be sure you understand Let them solve the problem as much as possible Give advice only if asked Make sure they leave w the problem & any connected actions Hiring & Developing Ethical Decision Makers

45. Mistakes & Admonitions – opportunities to teach. Smile. Assume an attitude toward the person of “I’m OK & you’re OK – you just made an error & here’s how to fix it”. Encourage them to tell their mistakes early & praise them for it Atta boys – Celebrate all positive things your people do. Do it in front of their peers. People repeat what they get rewarded for Hiring & Developing Ethical Decision Makers

46. Thank you for your attention You are now Ethical, Smart Construction executives THE END