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CSI Greater St. Louis OCTOBER PROGRAM AIA Credit Information:
The Greater St. Louis Chapter of Construction Specification Institute, ETHICS for a Registered AIA CES Provider for continuing professional education, does not include content deemed or construed to be an approval or Design and Construction endorsement by AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or “Making Good Choices” product. Credits earned on completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non members will be emailed to participants who sign the AIA Course Attendance Record and check the certificate box. October 17, 2018 PRESENTED BY: Course Title: Ethics for Design and Construction George A. Everding Course Number: STLCSI 143 FCSI CCS CCCA AIA SCIP Credits: 1.5 hour LU-HSW
Course Description: Learning Objectives: Ethical behavior lies at the core of what it means to be a professional, yet many in design and construction struggle to • Differentiate between ethics and rules of conduct come up with a definition for ethics. (laws, morals, customs) Accepted business practice, company culture, peer pressure, • Describe and clearly articulate ethical issues and public opinion often obscure the issue, while morals, in design and construction practice codes of conduct, and conventions sometimes offer • Identify ethical dilemmas and formulate conflicting guidance. an effective process for dealing with them This seminar looks at the history of ethics in design and construction, uses examples from real projects, and explores • Evaluate the ethical factors that influence a ethical behavior from several viewpoints in the industry. professional’s decision making process
Agenda What is Ethics? What are Ethics? Introduction • What is the Relationship of Ethics to: – Morality? Laws? Customs? History – Standards of Practice? Professionalism? Codes of Ethics • Other Questions About Ethics: – Is ethics constant or does it change over time? Examples – Does ethics vary by your role or profession?
Case Study – Can ethics conflict with morality, law, custom? – And where did ethics come from, anyway? Conclusion • Ethics is: for the field of study (singular) • Ethics are: personal standards (plural)
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The Nature of Making Good Choices Three Branches of Ethics
• Laws (Politics) Etiquette • Meta-ethics: examination of the nature of – Absolute, codified – Enforceable by governments morality. and governing agencies • Morals (Religion) • Normative Ethics: examination of the – Personal view of good behavior standards for the morality of actions. – Not codified by government Laws Morals • Etiquette (Custom) • Applied Ethics: examination of the morality of – Manners, suggested conduct specific actions. – Usually applied in social settings; informally codified
One Who Acts Ethically… Code of Hammurabi: “Lex Talionis” • Puts into practice moral virtues that have been • Hammurabi: acquired over time through experience, habit, – 6th King of First Babylonian and self-discipline. Virtue Ethics Dynasty (c.1810 – 1750 BC) • Complies with universally-accepted and – Claimed to have received the established moral duties and rules that all are code from the god Shamash obliged to follow. (Duty Based) Deontology • Code: – Law of retaliation • Acts in a way to maximize positive and minimize negative results for the greatest benefit of – Fundamental law (constitution) society. (Utilitarianism) Consequentialism – Presumption of innocence
Classical Greece - Virtue Ethics Early Christian Viewpoints Aristotle: • Augustine – Predestination – Virtue is practical, not abstract — it requires – City of God / City of Man moral action in a social environment – The State must be the guarantor of order; – Virtue is a relative mean between extremes serve the interests of the Church. – Eudemonia: State of excellence (flourishing • Aquinas across a lifetime), brought about by exercise of – Free Will – Natural Law Theory – God built features into nature moral virtue, practical wisdom, and rationality. as a guide to what is right or wrong. – Modern take on Virtue Ethics: “You do the right – Devine Command Theory – God commands “morally things because you are the right type of person” right”; forbids “morally wrong”
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Machiavelli on Ends Vs. Means: Henry V (Shakespeare) on Duty: In judging policies, we should Soldier: Now, if these men consider the results that have do not die well, it will be a been achieved through them, black matter for the king rather than the means by which that led them to it; they have been executed. Henry: Every subject's duty From an undated letter to Piero Soderini is the king's; but every subject’s soul is his own. (*Niccolò Machiavelli’s magnum opus: The Prince) The Life of King Henry the Fifth, Act IV, Scene I
Adam Smith on Collusion: Deontology vs. Consequentialism People of the same trade Immanuel Kant: seldom meet together, even Categorical Imperative. for merriment and diversion, Morality is derived from rationality. but the conversation ends in Moral rules are “universalizable.” a conspiracy against the Jeremy Bentham: public, or in some contrivance The greatest happiness to raise prices. of the greatest number (An Inquiry into the Nature and Causes of the) is the measure Wealth of Nations, Book I, Chapter X, Part II of right and wrong.
Three Theories in Normative Ethics John Rawls: “The Veil of Ignorance”
Emphasis Actor Action Result • “Veil of Ignorance” is a thought experiment Theory (Agent) (Means) (Ends) • Imagine you have control over the structure Virtue Ethics of the society you are about to be born Greeks - Aristotle into… Deontology Immanuel Kant • …BUT you have no control over your future station in life Consequentialism Jeremy Bentham • Describe the society you would create
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Professional Ethics (Your Duty) AIA Code of Ethics: [American Institute of Architects] • Laws: – Building Codes, Zoning Codes – UCC (Uniform Commercial Code) • Canons: Broad principles of conduct. – FAR and other governmental regulations • Ethical Standards (E.S.): Specific goals to which • Licensure Laws: Members should aspire in professional behavior. – Applies to architect, engineers, land surveyors, etc. • Rules of Conduct (Rule): Mandatory. • “Standard of Care” – Violation of a Rule is grounds for disciplinary action by the • Codes of Professional Ethics Institute. – AIA, NCARB, CMAA, CSI, etc. [Individual professional societies] – Rules (in some instances) implement more than one • Employers’ Ethics Codes Ethical Standard.
Evolution of AIA Code of Ethics: AIA Code of Ethics:
• 1909: First Code emphasized how you deal with History Six Canons your professional colleagues
• 1980: Suspension of code resulted from lawsuits re: 1909- First code 1. General Obligations Sherman Anti-trust Act (Consent Decrees) 1980- Code suspended 2. Obligations to the Public • 1986: Canons structured by viewing obligations to 1986- New code adopted 3. Obligations to the Client various “stakeholders” separately 2012- Canon 6 adopted 4. Obligations to the Profession – Built in conflicts between principles of various Canons 5. Obligations to Colleagues 6. Obligations to the Environment – Revisions in response to changing practice (e.g., new delivery methods, negligent misrepresentation, fiduciary 7. [TBD?] duty, deregulation of licensure, equity and diversity )
NCARB Model Rules of Conduct: CMAA Code of Ethics: [ National Council of Architecture Registration Boards] [Construction Management Association of America]
• Competence I. Obligations to the Public • Conflict of Interest II. Obligations to the Client • Full Disclosure III. Obligations to the Profession • Compliance with Laws • Professional Conduct IV. Obligations to the Environment
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NSPE Code of Ethics for Engineers: Example: The Local Paint Store [National Society of Professional Engineers] • Ethical, or Not Ethical? 1. Public safety, health, and welfare. • Board requires sole source spec using paint store 2. Perform services only in areas of competence. whose owner is brother-in-law of superintendent • Familial relationship, self dealing 3. Objective and true public statements. • Competitive bidding circumvented 4. Act for employer as agent or trustee. • Misuse of public funding 5. Avoid deceptive acts. • Ethical duties of the Board / Superintendent: • Stewardship of public funds 6. Integrity of the profession. • Welfare of teachers, students, employees • Maintenance and management of assets (buildings)
Example: Architect’s Duty (today) Example: Architect’s Duty (historical)
Zaha Hadid, DBE RA Albert Speer (“The Good Nazi”) • Pritzker Architecture Prize, 2004 • First Architect of Nazi Germany, 1934 • Royal Gold Medal, RIBA, 2010 and 2011 • Minister of Armaments, 1942 • Al Wakrah Stadium, Qatar FIFA World Cup • Nuremberg Trial, 1946 (20-yr sentence) • Guardian News and Media Interview 2014 • 3 post-war books. “Not individual mistakes, grave as they may be, [burden] my conscience, “It's not my duty as an but having acted in architect to look at it.” leadership.”
Example: Citicorp Building Citicorp Design – Plans • Construction: 1974 -1977 • Cost: $195M ($760M today) • Height: 915’ (59 Floors) • Innovations in structural system • Main columns not at corner • Chevron bracing system • Tuned mass damper
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Citicorp Design – Chevron Bracing Discovery of the Problem 1979 (one year after bldg. complete): Princeton undergrad Diane Hartley’s class project studied structural design of a significant recent building.
She made her own calculations and showed that Citicorp Building was vulnerable to quartering winds.
Structural Engineer’s Response Engineer’s Immediate Actions Hartley called William LeMessurier, questioning her findings. • Ran additional wind tunnel testing His response: “Nonsense!” • Developed a plan to fix the connections: “Don’t cause havoc without having a solution” LeMessurier re-examined original calculations, and determined: • Notified architect • Quartering winds did govern the design, but building could withstand • Notified his attorney hurricane winds (55-yr storm) • Notified his insurance carrier • But, changes had been made during construction allowing bolted connections to wind brace in lieu of full welds (10-yr storm) • Consulted with independent engineer • If mass damper was operating – somewhat better • Met with building owner to reveal the situation
Owner’s Remedial Work Example: Ethical Actions
• Develop contractor and internal team for work • LeMessurier knew right away to take immediate action, even though revealing his mistake could cost • Notify building department him lawsuits, bankruptcy, and his reputation. • Formulate evacuation plan • Repairs done within 8 weeks of discovery of error.
• Issue press release announcing plans • PR handling of situation minimized public panic. strengthen certain wind bracing • LeMessurier is usually hailed as a textbook example • (Coincidental newspaper strike allows all work of good civil engineering ethics. to proceed without public notice)
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Counter Example: Unethical Action Some Final Thoughts: Canons of the NSPE Code of Ethics: • Ethics has been a continual thread in the 1. Hold paramount public safety, health, and welfare. tapestry of human philosophical thought 2. Perform services only in areas of competence. • Ethics spring from, but are separate from: 3. Issue public statements in objective and truthful manner. – Personal moral or religious code 4. Act for employer or client as faithful agent or trustee. – Legal or political duties 5. Avoid deceptive acts. – Politeness or custom 6. Act honorably, responsibly, ethically, and lawfully to • Ethics allow our profession to function enhance the honor, reputation, and usefulness of the – Fundamental fairness among parties profession. – Mutual trust and reliance – Safeguards for the public
“Making Good Choices”: Chronological Source List (1 of 2) • Hammurabi. Code of Hammurabi. 18th c. BC • Virtue Ethics: You are a moral person with a • Plato. Socratic Dialogue: Euthyphro. c. 395 BC fundamental understanding of “good” and “right” • Aristotle. Nicomachean Ethics. c. 325 BC • Deontology: Your codes of professional ethics • St. Augustine of Hippo. City of God. 426 and laws provide a foundation for ethical actions • Aquinas, Thomas. Summa Theologica. c.1274, (published 1485) • Machiavelli, Niccoló. The Prince. 1532. • Consequentialism: Your obligations to public • Hobbes, Thomas. Leviathan. 1679. (society) over-ride business or monetary goals • Locke, John. Two Treatises of Government. 1689. • “Making Good Choices” requires each ethical • Hume, David. An Enquiry Concerning the Principles of Morals. 1751 theory. Ethics are not easy; they are essential. • Smith, Adam. The Theory of Moral Sentiments. 1759. • Rousseau, Jean-Jacques. The Social Contract. 1762
Chronological Source List (2 of 2) Bibliography (1 of 6)
• Smith, Adam. An Inquiry into the Nature and Causes of the Wealth of • American Bar Association (ABA). ABA Forum on Construction Law: 50 Nations. 1776. State Survey of Licensed Design Professional’s Stamping and Sealing Obligations. 2017. • Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. 1780. • American Institute of Architects (AIA). A Circular of Advice Relative to Principles of Professional Practice and the Canons of Ethics. 1909. • Kant, Immanuel. Groundwork for the Metaphysics of Morals. 1785. • American Institute of Architects (AIA). 2017 Code of Ethics and • Kant, Immanuel. The Critique of Practical Reason. 1788. Professional Conduct. 2017. • Kant, Immanuel. The Metaphysics of Morals. 1797. • Construction Industry Ethics & Compliance Initiative. (CEICI). Code of • Mill, John Stuart. Utilitarianism. 1873. Ethics. April, 2017. • Ross, W.D. The Right and The Good. 1930 • Construction Management Association of America. (CMAA). Blueprint • Anscombe, Elizabeth. Modern Moral Philosophy. 1958 for Creating and Maintaining an Effective Ethics and Business Conduct • Rawls, John. A Theory of Justice. 1971 Program. 2016.
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Bibliography (2 of 6) Bibliography (3 of 6) • Dyckhoff, Tom. “Mies and the Nazis.” The Guardian, Guardian News and Media, 29 Nov. 2002. • Goldberger, Paul. “Zaha Hadid Is Still Wrong About Construction Worker Conditions.” Vanity Fair, 27 Aug. 2014 • Fisher, Thomas. Ethics for Architects; 50 Dilemmas of Professional Practice. Princeton Architectural Press, 2010 • Harned, Patricia J. “ERC’s National Business Ethics Survey for the Construction Industry.” Ethics Resource Center, 8 Oct. 2012 • Gaither, John F. “The Antitrust Division v. The Professions – No Bidding • Internet Encyclopedia of Philosophy, The. ISSN 2161-0002,
Bibliography (4 of 6) Bibliography (5 of 6)
• Library of Congress, U.S. Govt. Web.
Bibliography (6 of 6) Speaker Bio Construction Ethics: CV and Bio: • Scalza, Alfred A. ”Ethics in the Construction Industry: Teaching Making Good Choices • Fellow, Construction Specifications Institute Students Ethics in this 21st Century Global Market” Proceedings of the • Certified Construction Specifier 2008 Mid-Atlantic Conference of the American Society for Engineering • Certified Construction Contract Administrator Education. 2008. • Licensed Architect, Missouri, since 1979 • Sereny, Gitta. Albert Speer: His Battle with Truth. Macmillan, 1995. • Guest Lecturer, Washington University in St. Louis, and Meramec Community College • Specification Consultants in Independent Practice (SCIP). Standard • Past Co-Chair, CSI Certification Committee Code of Practice. June, 1989. • 2014 Hans William Meyer Award for • Taylor, Daniel A. Professional Conduct. American Institute of Architects, Advancement of Certification 2000. • AB in Architecture, Washington University • Vardaro, Michael J. “LeMessurier Stands Tall: A Case Study in GEORGE A. EVERDING • Member, Greater Saint Louis Chapter of the Professional Ethics.” AIA Trust. 2018. Architect, Specifier Construction Specifications Institute [email protected]
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