PROFESSIONAL SKILLS MODULE

[Pages:4]PROFESSIONAL SKILLS MODULE

Demonstrate an understanding of professional ethics

Module 17 Examination

November 2014

Time: 3 hours

Total marks: 100

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Notes:

(a) This is a closed book examination ? No material may be brought into the examination.

(b) The use of Personal Computers, Laptops, PDAs with Excel, etc. is NOT PERMITTED. Only a conventional, scientific, or financial calculator may be used.

(c) You are advised to set out you work clearly, concisely and logically. Marks will be deducted for incoherent and/or untidy work.

(d) Only work written on the lined pages will be marked.

(e) This question paper consists of 4 questions. You are required to answer a total of 3 questions; any 2 questions from Section A (Questions 1 - 3), and the single question in Section B (Question 4).

(f) Clearly mark the question number on each page used and at the end of the exam number the pages in the correct order and if additional pages are used, request the invigilators to staple them together.

SECTION A (ANSWER ANY TWO OF THE QUESTIONS FROM THIS SECTION)

QUESTION 1

a) A common excuse for carrying out a morally questionable action is, "If I don't do it someone else will." This rationale may be tempting for quantity surveyors who typically work in situations where someone else might be ready to replace them on a project. Do you view this as a legitimate excuse for engaging in projects which might be unethical?

b) Another commonly used phrase, "I only work here," implies that one is not personally accountable for the company rules since one does not make them. It also suggests that one wishes to restrict one's area of responsibility within tight bounds as defined by those rules. Respond to the potential implications of this phrase and the attitude represented by it when exhibited by quantity surveyors.

Your answers should incorporate practical examples of typical instances within quantity surveying practice where these approaches may be encountered.

Hint: Candidates are expected to produce clear, reasoned, compelling arguments demonstrating a high moral / ethical standpoint on these issues, as if they were the senior partner of a firm and they were counselling a junior on ethical conduct.

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OR

QUESTION 2

Comment on the following passage: "A code only sets the limits beyond which behaviour will be condemned, and the moral level is not high when all or most of those who live under it always act within a hairline of those limits. Codes, in fact, are for criminals and competitors, not for professionals that want to be known as dedicated" (Barzun, 1978: 67). Specifically, is this true of the quantity surveying code studied by you as part of the module? Provide reasoned, practical discussion as it relates to particular aspects of the relevant code.

Hint: Demonstrated clarity of understanding of the relevant sections of the code should be demonstrated, together with a reasoned argument in support of your position on this matter.

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OR

QUESTION 3

(a) Consider the following example: Jay's boss is an acknowledged expert in the field of feasibility studies, and specifically economic viability studies in the property development sector. Jay is the leader of a group that has been charged with evaluating the development potential of a new suburban shopping mall, and the discussions have been narrowed to two possibilities, Scheme A and Scheme B. The boss is has publically expressed his personal viewpoint that the best choice is A, but he directs that viability analyses be conducted on

PSM 17 Examination

November 2014

both, "just for the record". Owing to inexperienced help, this takes longer than expected, and the results show that B is the preferred solution. The quantity surveyors question the adequacy of the analyses, but because of the project's timetable, there is no time to repeat the full study. So the boss directs Jay to work the problem backwards and come up with phony data to substantiate the choice of Scheme A, a choice that all the quantity surveyors in the group, including Jay, fully agree with. What should Jay do, and does he have a moral right to not do as he is directed?

(b) Comment on the following passage, making any suggestions about how professionals might be protected against such situations: Older engineers, in particular, find job security in competition with ethical instinct. Consider the dilemma of an older PE (Professional Engineer), in the shadow of a comfortable retirement, who was confronted by a new general manager of the plant in which he was employed as a facilities engineer. In consideration of plans for a plant expansion, the general manager insisted that the PE reduce footings and structural steel specifications below standards of good practice. The PE was told to choose between his job and his seal on the plans. Did he really have a choice? Discuss. (Howard, 1966: 48).

(c) Leonardo da Vinci reported in his journal that he had discovered how to make what today we would call a submarine. He also noted that he refused to reveal the idea to anyone because of what he viewed as its likely misuse. He wrote: "....now by an appliance many are able to remain for some time under water. How and why do I not describe my method of remaining under water for as long a time as I can remain without food; and this I do not publish or divulge on account of the evil nature of men who would practice assassinations at the bottom of the seas, by breaking the ships in their lower parts and sinking them together with the crews who are in them" (da Vinci, 850). Suppose that da Vinci discovered this idea while he was employed as a military engineer for Cesare Borgia or other military leaders, as he was at times in his career. Would he have had a moral right to refuse to reveal the idea to his employer? Would he be disloyal to the employer if he did refuse to reveal it? Why draw a line now? Defend your view by means of one of the ethical theories outlined in course material.

Hint: Candidates are expected to use the study note content and prescribed / recommended readings as a basis for discussion on each of these scenarios.

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SECTION B

QUESTION 4

You are the owner of one of the three large ceiling and partition contractors in Durban. A personal friend of yours is appointed as consultant Quantity Surveyor for the development of a large new hospital in the city centre. The project is designed to utilise an existing multistorey building, demolishing all internal walls, and replacing with new partitions, and suspended ceilings hung from the existing concrete slabs. As this is an unusual process, your QS friend has 'checked' with you to establish that the rates he has used in his cost estimate are indicative of current market rates. You advise him that the rates he has used are reasonable. He has subsequently submitted his report and the client has given the 'goahead' for tenders to be called for, based on this cost report. The total estimated QS price for ceilings and partitions is approximately R 60 Million. When the tender documents are

PSM 17 Examination

November 2014

made available, you note that the project is divided up into 3 separate sections contractually (general wards / doctors consulting rooms and pharmacy / operating suites and cardiothoracic specialists), each of approximately the same size (value-wise - R 20 Million).

Whilst compiling your tenders, you are contacted by the only two other firms in Durban large enough to be competitors for the project. It is suggested that you form a 'ring' - each firm agreeing to be significantly lowest on at least 1 section, but that the tender amount for each section be 'increased' to approximately R 30 Million (total contract value now R 90 Million). The tenders are submitted on this basis. Immediately after the tender opening, your QS friend contacts you and is furious that you have 'manipulated' the tender and embarrassed him. He further advises you that the client (who is a volatile, 'hard nosed' businessman that is not known for being philanthropic !) is threatening to cancel the whole project as a result of the unexpected 'cost increase', and that he also intends suing your friend for 'professional negligence' unless a more favourable 'amended' bid (in the region of R 60 Million) is received. He does not wish to receive a 'joint' bid from the 3 original tenderers however - it must be solely from your firm. This is a most unfortunate event as your firm is currently undergoing cashflow problems and could well go out of business without this project. The only reason you agreed to the 'ring' being formed was to ensure a 'certain' R 10 Million profit to tide you over the current difficult trading situation.

If you do submit an amended bid, you anticipate being struck from the role of the local Master Builders Association. Taking all this into consideration, what is your recommended action to be?

Hint: Your commentary should incorporate all viewpoints on the processes, particularly describing in detail the ethical choices you are confronted with. Identify whether your `ideal' response as described reflects consequentialism; rights; duty; care; or narrative approaches. Explain why and how this solution would differ, with at least one of the alternative approaches stated above being applied.

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PSM 17 Examination

November 2014

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