Ethics, Liability and Litigation

in Construction

Rajendra Niraula, PhD.

Course Outline
Ethics
Liability
Litigation

Course Outline
Ethics
Individual

behavior/Society
Understanding ethical problems
Code of ethics (framework for ethical
judgment)
Legal basis, etc.

Course Outline
Liability
Problem

in design
Professional negligence
Designers duties
Limitation of liabilities, etc.

Course Outline
Litigation
Claims/disputes

occurrence
Dispute Resolution
ADR
Arbitration
Litigation

Ethical Issue: An Example

A case of Ford Pinto (10 Aug 1978) in
Indiana
Impact of collision caused the Pintos fuel
tank to rupture and burst in to flames
killing 3 teenage girls riding in the car.
Substandard materials used
Court case
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Why Study Engineering Ethics?

Engineers technical work has farreaching impacts on society.
The work of Engineers can affect public
health and safety and can influence
business practices and even politics.
Several cases that have received a great
deal of media attention led Engineers to
gain an increased sense of their
professional responsibilities.
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Why Study Engineering Ethics?

Good people already know the right thing to do,
and bad people arent going to do the right thing
no matter how much ethical training they receive
(Fleddermann, C.B).
Study of Ethics helps
Clarity

in thought
Reinforcement of ethics
People becoming virtuous
Adhering to organizational values
Reduce and avoid stress
Build character, etc.
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Structure of Social Order

Moral
Ethics
Social Rules
Laws and Regulations

Culture

Moral
Of or concerned with the judgment of the
goodness or badness of human action
and character
Moral applies to personal character and
behavior measured against standard
goodness

Ask your mind whether it is good or bad

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Ethics
The rules or standards governing the
conduct of a person or the members of a
profession: eg. Medical ethics
Stresses conformity with the idealistic
standards of right and wrong

To compare what you are doing with your society

rules and define whether it is acceptable or not
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Fundamental Legal Basis in Japan

Rules of GIRI (obligation/duty)
These

rules involve the individuals

obligation and duty to the group
(community), as well as, encompassing
nations of reciprocity.
They are rules of conduct, and do not
presuppose the existence of any relationship
of clearly defined and quantitatively delimited
rights and duties between subjects whose
conduct they regulate (Noda Y, 1976)
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Fundamental Legal Basis in Japan

(contd.)

Uniqueness of Japanese Society: (Ruth

Benedict 1946)
Shame

Culture and not a Guilt Culture

Instead of accusing a man of being unjust, as
an American would, Japanese specify the
circle of behavior he has not lived up to.
Japanese society maintains in harmony, in the
family and community by ignoring a persons
mistake rather than seek a formal sanction,
as an individuals shame is the groups shame
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