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THE DESIGN AND CONSTRUCTION PROCESSES 1-3

          TABLE 1-1
          Some observed professional–client relationship models
          Model          Description and comments
          Agency         Professional acts as an expert for agency, but agency has authority and responsibility.
                         Plausible for an attorney or a consultant to a government agency such as the Corps of
                         Engineers.
          Contract       Authority and responsibility shared equally. This model assumes bargaining between
                         equals. Not likely for an engineering consultant in classical design and construction.
          Paternal       Professional has superior knowledge and makes all the decisions for the client. This
                         model assumes the professional has not only superior technical knowledge but also
                         knows what is in the client’s best interest. Paternalism requires justification because it
                         involves performing on behalf of the client regardless of that person’s consent.
          Fiduciary      Professional’s superior knowledge is recognized, but the client retains significant
                         authority and responsibility for decision making. The professional supplies ideas and
                         information and proposes courses of action. The client’s judgement and consent are
                         required.

          Extracted from Bayles, 1991.




          In the case of the focus of this text, the owner  is a municipality or an operating authority repre-
          senting several municipalities.
               The central issue in the professional–client relationship is the allocation of responsibility and
          authority in decision making—who makes what decisions. These are ethical models that are, in
          effect, models of different distributions of authority and responsibility in decision making. One
          can view the professional–client relationship as one in which the client has the most authority and
          responsibility in decision making, the professional being an employee; one in which the profes-
          sional and the client are equals, either dealing at arm’s length or at a more personal level; or one
          in which the professional, in different degrees, has the primary role (Bayles, 1991). The models
          are summarized in Table 1-1 .



                          1-3   THE PROFESSIONAL–CLIENT RELATIONSHIP
                AND THE CODE OF ETHICS
            The professional–client relationship may move back and forth between two or more models as
          the situation changes. However, for the professional engineer, the requirements of the Code of
          Ethics are overarching. The American Society of Civil Engineers (ASCE) Code of Ethics is
          shown in Figure 1-1  .


              First Canon
           This canon is paramount. It is held superior to all the others.
              Regulations, codes, and standards serve as the engineer’s guidance in ensuring that the facili-
          ties are safe and protect the health of the community. A large portion of this book and, for that
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