FE Review-Ethics 1. What must be proven for damages to be collected from a strict liability in tort? (A) that willful negligence caused an injury (B) that willful or unwillful negligence caused an lllJUry (C) that the manufacturer knew about a product defect before the product was released (D) none of the above 2. A material breach of contract occurs when the (A) contractor uses material not approved by the contract for use (B) contractor's material order arrives late ( C) owner becomes insolvent (D) contractor installs a feature incorrectly 3. If a contract has a value engineering clause and a contractor suggests to the owner that a feature or method be used to reduce the annual maintenance cost of the finished project, what will be the most likely outcome? (A) The contractor will be able to share one time in the owner's expected cost savings. (B) The contractor will be paid a fixed amount (specified by the contract) for making a sugges- tion, but only if the suggestion is accepted. ( C) The contract amount will be increased by some amount specified in the contract. (D) The contractor will receive an annuity payment over some time period specified in the contract. 1
FE Review-Ethics 4. A tort is (A) a civil wrong committed against another person (B) a section of a legal contract ( C) a legal procedure in which complaints are heard in front of an arbitrator rather than a judge or jury (D) the breach of a contract 5. If a contract does not include the boilerplate clause, "Time is of the essence," which of the following is true? (A) It is difficult to recover losses for extra hours billed. (B) Standard industry time guidelines apply. (C) Damages for delay cannot be claimed. (D) Workers need not be paid for downtime in the project. 6. Which statement is true regarding the legality and enforceability of contracts? (A) For a contract to be enforceable, it must be in writing. (B) A contract to perform illegal activity will still be enforced by a court. ( C) A contract must include a purchase order. (D) Mutual agreement of all parties must be evident. 2
FE Review-Ethics 7. Which option best describes the contractual lines of privity between parties in a general construction contract? (A) The consulting engineer will have a contractual obligation to the owner, but will not have a contractual obligation with the general contrac- tor or the subcontractors. (B) The consulting engineer will have a contrac- tual obligation to the owner and the general contractor. ( C) The consulting engineer will have a contractual obligation to the owner, general contractor, and subcontractors. (D) The consulting engineer will have a contractual obligation to the general contractor, but will not have a contractual obligation to the owner or subcontractors. 8. A co ntr act has a value engineering clause that allows the parties to share in improvements that reduce cost. The contractor had originally planned to transport con- crete on-site for a sma ll pour with motorized wheelbar- rows. On the day of the pour , however, a co ncret e pump is available a nd is used, substanti ally r ed ucing the con- tractor's la bor cost for the day. This is an examp le of (A) value engineering whose benefit will be shared by both contractor and owner (B) efficient methodology whose benefit is to the . co ntr act or on ly ( C) va lu e engineering whose benefit is to th e owner only (D) cost reduction whose benefit will be shared by both contractor and la bor ers 3
FE Review-Ethics 9. In which of the following fee structures is a specific sum paid to the engineer for each day spent on the project? (A) salary plus (B) per-diem fee ( C) lump-sum fee (D) cost plus fixed fee 1 O. What type of damages is paid when responsibility is proven but the injury is slight or insignificant? (A) nominal (B) liquidated (C) compensatory (D) exemplary 1. An environmental engineer with five years of experi- ence reads a story in the daily paper about a proposal being presented to th e city council to construct a new sewage treatment plant n ear protect ed wetlands. Based on professional experience and the facts presented in the newspaper, the eng in eer suspects the plant would be extremely harmful to the local ecosystem. Which of the following would be an acceptable course of action? (A) The eng in eer should contact appropriate agen- cies to get more data on the project before mak- ing a jud gment. (B) The engineer should write an article for the paper's ed itorial page urging the council not to pass the project. ( C) The eng in eer shou ld circulate a pet ition through the community condemn in g the project, and present the petition to the council. (D) The eng in eer should do nothing because he doesn't have e nou gh experience in the industry to express a pub lic op ini on on the matter. 4
FE Review-Ethics 2. An engineer is consulting for a construction company t h a t h a s b e e n r e c e i v i n g b a d p u b l i c i t y i n t h e l o c a l p a p e r s a b o u t i t s w a s t e - h a n d l i n g p r a c t i c e s . K n o w i n g that t h i s c r i t i c i s m i s b a s e d o n p u b l i c m i s p e r c e p t i o n s a n d t h e p a p e r ' s thirst f o r c o n t r o v e r s i a l s t o r i e s , t h e e n g i n e e r w o u l d l i k e t o w r i t e a n a r t i c l e to b e printed i n t h e p a p e r ' s e d i t o r i a l p a g e . What statement b e s t d e s c r i b e s t h e e n g i - n e e r ' s e t h i c a l o b l i g a t i o n s ? ( A ) T h e e n g i n e e r ' s r e l a t i o n s h i p with the c o m p a n y m a k e s i t u n e t h i c a l f o r him to take a n y p u b l i c a c t i o n o n i t s b e h a l f . ( B ) The e n g i n e e r s h o u l d r e q u e s t that a l o c a l r e p r e - s e n t a t i v e o f t h e e n g i n e e r i n g r e g i s t r a t i o n board r e v i e w t h e data a n d w r i t e the a r t i c l e i n o r d e r that an impartial point of view be presented. ( C ) A s l o n g a s the a r t i c l e i s o b j e c t i v e and t r u t h f u l , a n d p r e s e n t s a l l r e l e v a n t i n f o r m a t i o n i n c l u d i n g the engineer's professional credentials, ethical o b l i g a t i o n s h a v e b e e n s a t i s f i e d . ( D ) T h e a r t i c l e must be o b j e c t i v e and t r u t h f u l , p r e s e n t a l l r e l e v a n t i n f o r m a t i o n i n c l u d i n g t h e e n g i - n e e r ' s p r o f e s s i o n a l c r e d e n t i a l s , a n d d i s c l o s e a l l d e t a i l s o f the e n g i n e e r ' s a f f i l i a t i o n with t h e company . 5
FE Review-Ethics 3. After making a presentation for an international project, an engineer is told by a foreign official that his company will be awarded the contract, but only if it hires the official's brother as an advisor to the project. The engineer sees this as a form of extort ion and informs his boss. His boss tells him that, while it might be illegal in the United States, it is a customary and legal business practice in the foreign co untr y. The boss impr esses upon the engineer the importance of getting the project, but leaves the details up to the engineer. What shou ld the engineer do? (A) He should hire the official's brother, but insist that he perform some useful function for his sa lar y. (B) He shou ld check with other companies doing business in the country in question, and if they routinely hire relatives of government officials to secure work, then he should do so too. ( C) He shou ld withdraw his company from consid- eration for the project. (D) He should inform the government official that his company will not hire the official's brother as a precondition for being awarded the contract , but invite the brother to submit an app li cation for emp l oyment with the company . 4. If one is aware that a registered engineer willfully viol ates a state 's rule of professional conduct, one shou ld (A) do nothing (B) report the violation to the state 's engmeermg registration board ( C) re port th e viola tion to th e employer (D) report the violation to the parties it affects 5. Which of the following is an e thics viola tion sp ecifi- cally included in th e NC EES Mod el Rul es? (A) an engineering professor "moonlighting" as a pri- vate contractor (B) an engineer inv e stin g money in th e stock of th e company for which he /sh e works ( C) a civil eng in eer with littl e ele ctri ca l ex p er ience signing th e plans for an electric gene rator (D) none of the abov e 6
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