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CEE 485 Iecture 1

Civil Engineering Practices
CEE 485 (2-Unit)
Lecture Period: Monday, 10-12 am
Lecturer : Engr.(Dr).A.G.Adeogun, MNSE
Contact Email: adeniyi.adeogun@kwasu.edu.ng,
Course Description
• The course is designed to fulfill the
requirement of CEE 485 by providing 30
hours of continuing education on ethics
applicable to the practice of engineering
• The course is also essentially designed to
abreast the students on extant Laws and
the obligations reposed on engineers during
Course Description (Contd)
• The course is also necessary for students to
acquire needed background knowledge and
exposure on professional civil engineering
• To expose students to basic knowledge in the
Bill of Engineering and
Measurement (BEME) in order to function
credibly in the planning and implementation of
goods and services, as a contractor, a consultant,
or a public civil servant
Course Outline
• Professionalism and Engineering Ethics
Ethical Theories
Concept of Ethics/ Codes of Ethics
Professional Engineers
Unethical Behaviour of Professional Engineers
• Legal, professional and ethical aspects of
engineering contracts and contract document
including specifications
• Tender : Definition, types , pros and cons and
tender procedure in Nigeria
Course Outline
• Civil Engineering Quantities – standard method of
measurements, applications of the classification of
coding and numbering of items.
• Bills of quantities. Civil engineering works standard
and measurements. Contracts and sub-contracts.
• Job planning and control - Programme charts - Bar
charts. Critical path methods, PERT, Project Activities
i.e.Activity on Node (AON) and Activity on Arrow (AOA)
• Construction
Applications/Case study-dams, foundations, bridges,
highways, industrial buildings, sewage works.
Course Activities
Interactive sessions
Take-home assignment
Technical discourse
Course Assessment
• Class Test:
• Attendance:
• Examination:
Engineering Ethics
• All jobs that require higher standards of
conduct are commonly referred to
professional job
• This is in contrast to simple jobs or trades
such as supermarket sales girl, bar or
filling station attendants
• As a professional, the society expects more
care and protection from the people that
imparts in their live and safety
As engineering practitioners, we use our
knowledge and skills for the benefit of the
community to create engineering solutions for
a sustainable future. In doing so, we need to
strive to serve the community ahead of other
personal or sectional interests.
What is Ethics?
Ethics is defined as the study of standards of
conduct, moral judgment and moral
Engineering ethics is the field of applied ethics
and system of moral principles that apply to
the practice of engineering. The field examines
and sets the obligations by engineers to
society, to their clients, and to the profession
Fundamental Principles
Engineers should uphold and advance the
integrity, honor, and dignity of the engineering
profession by:
1.Using their knowledge and skill for the
enhancement of human welfare and the
2. Being honest and impartial and serving with
fidelity the public, their employers and clients;
3. Striving to increase the competence and
prestige of the engineering profession; and
4. Supporting the professional and technical
societies of their disciplines. ( Source :ASCE)
Ethical Theories
There are 5 main ethical theories that is
applicable to professions.
• Virtue Ethics -emphasize the fact that character, whether
good or bad defines a person
• Utilitarian Ethics -focuses on the
consequences of a
person’s actions
• Ethic of principle-
This separates human beings from
all other animals’ kingdoms.
• Contract theory -actual agreement between human
• Common sense- simply mean do onto other what you
will want them to do for you. It mainly appeals to common
Professional Engineers
• These are referred to as chartered and incorporated
engineers in UK, professional engineer (PE) in USA
and registered engineer in Nigeria.
• Professional engineer have obtained some form of
license or registered from a government agency (or
charter granting authority) acting on their behalf.
• In Nigeria this granting authority is COREN. As such
in Nigeria they are subjected to regulation by
• Professional engineer can also belong to other
affliations and societies. For e.g. NSE, ASCE, etc.
characteristics of a Professional
• A core of basic knowledge and some advanced
techniques are mastered before offering service to
the society.
• Recognition and approval by society as minimally
competent to exercise this knowledge in a practical
• Adherence to a code of ethics published by leading
representative organizations.
• Subjection to a governing body of peers who
enforce provisions of an engineer’s practical act.
• Accept a high level of responsibility for work
completed personally or under direct supervision.
Unethical Behavior of an Engineer
• Gross negligence
Reckless act of willful disregard for professional
responsibility and determination of such requires
experience, technical competence, and specialized
knowledge of the profession and related standard
• Duty of Care
This is the duty of an Engineer (Employer) towards his
Employee by making sure that reasonable care is taken.
The scope of that duty extends to the provision of save
fellow-servant, safe equipment, safe place of work and
access to it, and save system of work.
It is not enough for the master to show that there is
danger on the premises of work , but he has the duty of
ensuring that it is known and fully understood by the
• Incompetence
Incompetence is the demonstration of a
lack of ability to perform functions of the
profession, which may include actual design
of structural members or air conditioning
services require for a theater etc or a lack of
understanding of basic principles.
• Negligence
the failure to do something which a reasonable
person will do under normal circumstances.
• Corruption in professional practices
• Professional misconduct
• Professional fraud
• Incompetent professionals
• Illegal professional practice
• Criminal activity of professions
• Professional intimidation
• Professional harassment
• Dangerous professional group
• Abuse of professional status
Elements of Contract
Classification of Contract
Types of Contract
Contract Documents
What Constitutes a contract Documents?
What is a Contract?
• A contract is an exchange
of promises between two
or more parties to do, or
refrain from doing, an act
which is enforceable in a
court of law
• A contract is a binding
legal agreement or set of
promises which the law
will enforce and also
provides remedies for
breaches of contracts
Elements of a Contract
Offer and acceptance
Mutuality of Obligation
An intention to create legal relations
Legal capacity
Offer and acceptance
• One party must make an offer and the other party
must accept that exact offer for a contract to be
• The evidence on which contract formation is
assessed is objective (i.e., would a reasonable person
conclude that an offer and matching acceptance had
• Some contracts can be oral while others are not.
• The price of the promise – both parties to a contract must
bring something to the bargain
• Can be either conferring an advantage on another party or
incurring some kind of inconvenience or detriment towards
• The value exchanged need not consist of currency. Instead, it
may consist of a promise to perform an act that one is not
legally required to do or a promise to refrain from an act that
one is legally entitled to do
Mutuality of Obligation
• both parties must be bound to perform their
obligations or the law will treat the agreement as
if neither party is bound to perform
• When an offeree and offeror exchange promises
to perform, one party may not be given the
absolute and unlimited right to cancel the
contract. Such arrangements attempt to allow
one party to perform at her leisure, while
ostensibly not relieving the other party of his
obligations to perform
Intention to be Legally Bound
• There is a presumption for
that parties intend to be
legally bound (unless the
agreement says otherwise)
• Some types of agreements
are unenforceable as a
matter of public policy
• Privity of contract – typically
it is only the parties to a
contract who can enforce it
Legal Capacity
• Persons contracting must not be under a
legal disability, such as being minors or being
adults who are mentally incapacitated
• . A contract made by a minor is voidable at
the minor’s discretion, meaning that the
contract is valid and enforceable until the
minor takes some affirmative act to disavow
the contract.
In order to be enforceable, the purpose of a
contract cannot be illegal or against public
Formalities and writing
Most contracts can be formed orally, but
some could not
For example:
 Contracts in consideration of
 Contracts
performed within one year
 Contracts for the transfer of an
interest in land
 Contracts by the executor of a will
to pay a debt of the estate with
their own money
 Contracts for the sale of goods
above a certain value
 Contracts in which one party
becomes a surety (acts as
guarantor) for another party's debt
or other obligation
Contract Classification
1. Formal and simple
• Formal Contract: A
contract under seal or
deed which must be in
writing or typed on paper.
• Simple Contract: All
contracts other than
formal contracts are
simple and may be in
writing or may be verbal
Bilateral and Unilateral contracts
• Bilateral contract: The exchange of mutual,
reciprocal promises between entities that
entails the performance of an act.
A bilateral contract is sometimes called a twosided contract because of the two promises
that constitute it. The promise that one party
makes constitutes sufficient consideration for
the promise made by the other.
• Unilateral Contract: A unilateral contract involves
a promise that is made by only one party. The
offeror (i.e., a person who makes a proposal)
promises to do a certain thing if the offeree
performs a requested act that he or she knows is
the basis of a legally enforceable contract.
• The performance constitutes an acceptance of
the offer, and the contract then becomes
Express and implied contracts
• In an express contract, the parties state the terms,
either orally or in writing, at the time of its
formation. There is a definite written or oral offer
that is accepted by the offeree (i.e., the person to
whom the offer is made) in a manner that explicitly
demonstrates consent to its terms.
• In implied contracts, the terms are not expressly
stated. It consists of obligations arising from a
mutual agreement and intent to promise, which
have not been expressed in words.
• An implied contract depends on substance for
its existence; therefore, for an implied
contract to arise, there must be some act or
conduct of a party, in order for them to be
Types of Contract
• The major types of contracts for execution in most
engineering works fall into two categories:
• Firm price contract
 Bill of Quantities (B.O.Q) Contracts
 Lump Sum Contracts
• Non-firm price contract
 Cost plus a fixed fee,
 Cost plus a fixed fee with guaranteed maximum
 Target price with incentive fee and penalty fee, and
 Turnkey projects.
Firm Price Contract
Bill of Quantities (B.O.Q) Contracts
This is the most used form of contract for works in
most engineering construction (Civil/Electrical/Mechanical
This type of contract actually makes use of a B.O.Q that is
priced by the contractor or subcontractor. The B.O.Q. is
prepared as accurately as possible with the description of
item of work, the quantities of each item of work to
be done against which the contractor enters a unit
The total sum gives the tender total or contract price
which will be paid to the contractor in accordance
with conditions of contract document.
Firm Price Contract contd
Lump Sum Contracts
• The contractor undertakes to carry out a specified
works for a fixed sum of money.
• There is no B.O.Q provided. However the nature and
extent of work are shown in the drawing while the
material and workmanship are stated in the specification.
This type of contract is suited for :
1) above –ground structures and clearly visible.
2) no serious or many alterations of work during
3) scope of work can be precisely described in all its details
Non Firm Contract
1 Cost Plus Percentage Fee Contracts
• The contractor is paid the actual cost of work plus an
agreed percentage of the actual or allowable cost to
cover overheads and profit.
It is very suitable in
 emergency when there is insufficient time to prepare
a detailed scope of work before the work commences.
 Rehabilitation/renovation of building where the extent
of work cannot be fore seen.
 In an area of limited knowledge, i.e. refinery,
atomic/nuclear energy plants etc.
• Disadvantages:
1) No incentive exists for contractor to reduce
cost or complete on time.
2) It imposes an increased burden of
monitoring and supervision on engineer.
3) It can be exploited by unscrupulous
contractor to increase profit by delaying
completion of works.
2. Cost Plus a Fixed Fee Contract
• The contractor received the fixed actual cost incurred
usually based on agreed estimated cost plus a fixed lump
• The fixed lump sum has been previously agreed upon and
does not fluctuate with the final cost of the job. Although
there is no real incentive for the contractor on efficiency, it
to his advantage to earn the fixed fee as soon as possible
and subsequently release his resources for other work.
• Regardless of the actual cost of overrun or underrun the
preliminary estimate, the contractor receives only the fixed
fee already agreed upon by both parties.
3. Target contract
• The aim of this contract is to encourage
contractor to be efficient thereby execute the
work as cheaply as possible.
• Target contract aims at circumventing the
weaknesses in “cost-plus” concept contract.
• The fee to the contractor increases if the final
cost of the work is less than the estimate and
decreases if the final cost is more.
4. All-in- contract
• The employer (client) either directly or through the
services of an engineer, gives his requirements in broad
and general terms only to contractors, who are then
required to submit full details of design, construction,
and terms of payment or probably includes
operation/maintenance of work for a limited period.
• The use of this form of contract has some advantage in a
few special cases but not a good method for most of
contract. The procedure has been used for gas and
chemical works, oil-refineries, and nuclear power
• station among others.
Contract Documents
The following constitutes a normal contract
document for most engineering contract:
1. Form of Agreement.
2. General conditions of contract.
3. Specification.
4. Bill of Quantities
5. Contract Drawing
6. Form of Tender
1.Form of agreement
This in the real sense
constitutes the formal
agreement between the
client and the contractor
for the execution of the
work in accordance with
2. General conditions of contract
• This defines in broad term
conditions, under which the
works are to be undertaken
• the relationship between
the client, the engineer and
the contractor,
• the powers of the engineer
• the roles/responsibilities of
other professional in the
team and the term of
3. Specification
• This is where the detail
drawings and the bill of
quantities are stated.
• It describes in detail the
work to be executed under
the contract and nature and
• It also states any special
responsibilities to be borne by
the contractor aside what is
covered in
conditions of contract
4. Bill of quantities
• The branches of engineering profession refer to
this as Bill of engineering measurement and
evaluation (BEME).
• It actually consists of a schedule of the items of
work to be executed by the contractor under the
contract with quantities entered against each
item and subsequently priced by the
contractor through competitive, selective or
negotiated tendering.
• The primary functions of BEME is to
provide the basis on which tenders can be
obtained and compare various tenders after
these are priced. Once a contract is signed,
the rates in priced BEME will be used to
assess the value of work executed.
5. Contract drawings
The contract drawings show the details and scope of work
to be executed under the contract.
• For building work the contract drawing is essentially
architectural drawing with sufficient detail to assist
contractor in pricing the BEME properly.
• Other contract drawing includes (but not limited to)
depending on the scope and complexity of work:
structural drawing, Mechanical and Electrical (M & E)
drawings, topographical survey of the site of work.
• The contract drawings will finally be used in executing
the works and may be supplemented by further detailed
drawings as the work progresses.
6. Form of tender
This is a formal offer to a contractor to
according to various contract documents for
the tender sum.