Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-14 - PROFESSIONAL CONDUCT (CODE OF ETHICS) › Section 330-X-14-.05 - Practice (Canon IV)

Current through Register Vol. 42, No. 9, June 28, 2024
The engineer or land surveyor shall endeavor to build a
				practice and professional reputation on the merit of his services as
				follows:
(a) The engineer or land
			 surveyor shall not offer, or promise to pay or deliver, directly or indirectly,
			 any commission, political contribution, gift, favor, gratuity, benefit or
			 reward as an inducement to secure any specific professional engineering or
			 professional land surveying work or assignment; providing and excepting,
			 however, that an engineer or land surveyor may pay a duly licensed employment
			 agency its fee or commission for securing engineering or land surveying
			 employment in a salaried position.
(b) The engineer or land surveyor shall not
			 solicit professional employment by self-laudatory advertising, or in any manner
			 contrary to high professional standards.
(c) Licensees shall not falsify or permit
			 misrepresentation of their, or their associates, academic or professional
			 qualifications. They shall not misrepresent or exaggerate their degree of
			 responsibility in prior assignments nor the complexity of said assignments.
			 Presentations incident to the solicitation of employment or business shall not
			 misrepresent pertinent facts concerning employers, employees, associates, joint
			 ventures, or past accomplishments.
(d) The engineer or land surveyor shall not
			 supplant, nor attempt to supplant, directly or indirectly, another engineer or
			 land surveyor in an ongoing engineering or land surveying project, after
			 contracts have been awarded to such other engineer or land surveyor.
(e) The engineer or land surveyor shall not
			 attempt to compete with another engineer or land surveyor for employment by
			 reducing his or her usual charges or by the use of unethical
			 practices.
(f) The engineer or land
			 surveyor, shall not participate in or implement procurement practices based
			 solely on fees except as allowed by State Law.
(1) Procurement practices shall first
			 determine the qualifications of the engineer or land surveyor prior to entering
			 into fee negotiations for services being sought. An engineer or land surveyor
			 having submitted a statement of qualification and performance data, and having
			 first been judged as the qualified individual or firm to provide the services
			 required for the proposed project, may proceed to negotiate a contract with a
			 client and establish compensation or fees for the required services.
(2) Should the engineer or land surveyor be
			 unable to negotiate a satisfactory contract with the client for any reason, the
			 engineer or land surveyor shall withdraw from further consideration for the
			 engineering or land surveying services. Another engineer or land surveyor may
			 then be selected for negotiations of a contract for the services on the stated
			 project.
(3) Examples include but
			 are not limited to, simultaneous negotiations or solicitation of fee proposals
			 by the client from two or more engineers or land surveyors constitutes
			 "bidding" and participation by a licensee is prohibited.