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Online Feature Articles for Construction Professionals - Surveyors
Ethical Decision Making
Why does professional ethics matter?
Upholding professional ethics and compliance with legal requirements are essential for surveyors and other construction professionals to discharge their professional responsibilities and uphold the reputation of the profession. While compliance with legal requirements is the basic standard required of a responsible person in a capacity, professional ethics is a higher integrity standard that enhance one's competence to properly handle the “grey areas” at work. Professional ethics actually protects a person from falling prey into misconduct and other crimes inadvertently.
Professional ethics is a set of moral principles, values and standards which guides one with specialist knowledge to behave in a fair, legal and ethical manner when providing services. Construction professionals should exercise professional judgement and supervisory responsibility over the technical and administrative work of others and practise with utmost honesty and integrity because of the following reasons:
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Safeguarding public interest
Misconduct or unethical practices in construction projects may result in poor quality of construction works and even put public safety at risk. Therefore, the public counts on construction professionals to exercise their expertise in discharging their duties which require precise judgement, professional knowledge and skills of the individual. They are expected to be responsible and accountable for their practice and uphold a high ethical standard to protect the public interest.
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Guiding to best practice
The values and principles underpinning professional ethics can point construction professionals to the best course of action at an ethical crossroads. However, if without putting ethics into practice, one is vulnerable to legal sanctions and disciplinary actions because of violation of relevant laws and regulations.
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Fulfilling qualifying requirements
For self-regulation purpose, most professional associations set out ethical guidelines for their members to follow. These associations require their members to observe their Rules or Code of Professional Conduct, which spells out the members' fundamental ethical responsibilities to the profession, other members and the clients. Violating the Rules or Code may result in sanctions including reprimand, suspension from membership, or expulsion from the association. Without such a qualification, one may be restricted from working for certain projects.
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Enhancing one's competitive edge
Clients look for professionals with integrity whom they can trust. So, practising professional ethics is the ticket to win clients' trust and loyalty and sustain long term business growth.
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Upholding the reputation and promoting the profession
Unethical acts committed by construction professionals may discredit their professional status. On the other hand, a high level of integrity can boost one's credibility and respectability, which brings positive prospect to the entire profession.
How to make an ethical decision?
The Hong Kong Business Ethics Development Centre of the Independent Commission Against Corruption has developed the 
Model, which is an ethical decision making tool for resolving ethical dilemmas at work.
The PLUS standards are the benchmark to guide ethical behaviours and help us resolve ethical dilemmas at work. There are four key factors that we have to consider when comparing and evaluating each viable alternative and to determine which alternative is worth pursuing.
Professional / trade-related / company code of conduct
Does my decision violate any professional, industry-specific or company code of conduct?
Legal requirements
Is it against the law?
Uncompromising self-values
Does it correspond with my personal values such as honesty, loyalty and fairness?
Sunshine test
Can I disclose my decision to others openly and honestly without misgivings?
In the case study, the dilemma that Barry faces is whether:
(1) he should accept the subcontractor's offer of renovation service at a discounted price as a reward for his assistance in recommending payment for the materials not yet delivered, or
(2) he should decline the subcontractor's offer, which might lead to the bankruptcy of the subcontractor.
Barry could apply the PLUS standards when evaluating the viable alternatives, such as:
Option 1: Accept the subcontractor's offer and assist him by submitting unjustified payment recommendation
Option 2: Decline the subcontractor's offer but still assist him in recommending the payment
Option 3: Simply decline both the subcontractor's offer and the application for payment
Option 4: Decline the subcontractor's offer and application for payment, but try to provide the best assistance to the subcontractor in accordance with the company's procedures or via other proper means
Option 1 and 2 are not viable options. For Option 1, it is against the law for Barry to accept the subcontractor's renovation service at discounted price and recommend unjustified payment. Both Barry and the subcontractor will commit a bribery offence and Barry may also breach the professional requirements and his company's code of conduct. For Option 2, although Barry turns down the contractor's offer of discounted renovation service, it is still against the professional requirements and the company's policy if Barry recommends unjustified payment. Furthermore, Barry and the subcontractor might commit a criminal offence if they conspire to use false documents to deceive Barry's company.
Both Option 3 and 4 are possible options for Barry. For Option 3, Barry's strict adherence to the procedures can protect him from breaching the laws and professional requirements. His decision may also pass the sunshine test. Nevertheless, Barry's lack of empathy in the situation may ruin his relationship with the subcontractor. Option 4 complies with the professional and legal requirements, passes the sunshine test and aligns with Barry's personal values of being helpful and emphatic to the subcontractor.
Among these alternatives, the best course of action for Barry should be rejecting the subcontractor's offer of renovation service at a discounted price and declining assistance in recommending payment. Furthermore, Barry may discuss with his company how to assist the subcontractor to solve the cash flow problem.
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