Approved by the Engineering Practice Policy Committee on April 25, 2024
Approved by the Public Policy and Practice Committee on May 29, 2024
Adopted by the Board of Direction on July 18, 2024

Policy

The American Society of Civil Engineers (ASCE) defines a conflict of interest  as “any activity, transaction, relationship, service or consideration that is, or appears to be, contrary to the individual’s professional responsibilities or in which the interests of the individual have the potential to be placed above his/her professional responsibilities.” Section 4.b of the ASCE Code of Ethics acknowledges three classes of conflicts of interest: real, potential, and perceived.

ASCE advocates that civil engineers must: 

  • Practice with high ethical standards and conduct themselves with integrity as well as professionalism.
  • Disclose any real or perceived conflicts of interest to current and prospective clients and employers.
  • Adhere to codes of ethics, including ASCE’s Code of Ethics.
  • Commit to the ASCE’s Code of Ethics order of priority of the five stakeholder groups (Society followed in order by Natural and Built Environment, Profession, Clients and Employers, and Peers) ethical responsibilities while holding paramount the protection of the health, safety, and welfare of the public.
  • Be aware that conflicts of interest may result in moral and legal consequences including corruption of integrity, compromise of engineering judgment, erosion of public trust, and violation of federal and state law.
  • Not allow a conflict of interest to impact the application of engineering judgement.
  • Adhere to the code of conduct in the licensing jurisdiction in which the engineer is practicing.

ASCE supports laws, regulations, employment conditions, and collective bargaining agreements which enhance the ethical practice of civil engineering and requires applies disciplinary action for breaches of the ASCE Code of Ethics. ASCE recommends regular training and education on ethical and legal principles and practices associated with conflicts of interest.

Issue

Conflicts of interest may influence the engineering judgement and actions of individuals because of competing secondary interests. A conflict of interest can create the appearance of impropriety even if none exists. The appearance of a conflict can undermine confidence in the person, the organization the engineer represents, or the profession. Conflicts of interest may not be intentional acts but can arise out of complex relationships and financial arrangements common in engineering work. 

Civil engineers have a duty to first and foremost protect the health, safety, and welfare of the public and to practice with a commitment to codes of ethics. However, while licensed civil engineers are required to practice according to the standards of conduct within their licensing jurisdictions, practicing engineers can encounter conflicts of interest that impact the application of engineering judgement.

Rationale

Civil engineers perform services that directly impact public health, safety, welfare, and the environment. They also interact with the general public directly and on a routine basis. To be effective, civil engineers must constantly strive to gain and maintain the public trust through ethical practice. All employment conditions for engineers must support their duty to practice ethically, and this duty may supersede any actual or perceived obligations engineers have to the owners of their projects, their employers, or any organizations to which they belong. A real or perceived conflict of interest can inappropriately influence or call into question the application of an engineer’s professional judgement. 

Examples of conflicts of interest include the engineer works for more than one client on the same project or interrelated projects, accepts gifts or perks from contractors or vendors, serves on a public board and participates in decisions with respect to services provided by them, engages in outside employment to the detriment of the engineer’s regular work, accepts free engineering designs from material or equipment suppliers for specifying their product, accepts a commission on a contingent basis, uses insider information, or inspects their own work. More egregious examples include bribery, kickbacks, and collusion. An engineer may encounter varying levels of obligations to multiple interests which presents a challenge to fulfill the ethical obligation to act as a faithful agent of their client.

This policy has worldwide application
ASCE Policy Statement 502
First Approved in 2003