Reviewing Work of Another Engineer and Thereafter Performing Engineering Services for Client

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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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It is ethical for Engineer A to contact Smithtown and advise the town that Engineer B’s performance on the contract did not meet the standards as outlined in Engineer B’s contract with the town.It would not be ethical for Engineer A to offer and agree to perform the work for Smithtown.

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It is not uncommon for a professional engineer in private practice or an engineering firm to serve as a city, town, or county engineer. Historically and particularly in this period of dwindling financial and other resources, it is not uncommon for communities with limited budgets to retain the services of a competent professional engineer or professional engineering firm to serve in an advisory or other capacity on engineering matters affecting the community. This relationship, while generally a reasonable response to the needs of the community, can sometimes raise ethical questions regarding whether and to what extent the professional engineer or professional engineering firm may go beyond the role of professional advisor, etc., and actually perform significant professional engineering or other services for that community. Questions naturally arise as to whether such work constitutes a clear conflict of interest and NSPE Code provisions clearly address many of these concerns. On the flip side of the issue is the practical reality for many professional engineers and engineering firms that by serving in a limited professional advisory role, they are precluded from consideration on actual engineering projects; the professional engineer or the engineering firm is placed at a significant competitive disadvantage in relation to other engineers and engineering firms that may freely compete on such public engineering projects. Since its inception in the late 1950s, the NSPE Board of Ethical Review has considered many cases involving conflicts of interest issues of this type. Conflicts of interest are clearly among the most prevalent ethical issues that engineers face in their professional lives. For example, in an earlier case, BER Case No. 63-5, a small community retained a professional engineer, Engineer B, on a part-time basis to serve as city engineer. Engineer B was engaged in full-time private practice and treated his part-time service to the community as a public...

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Engineer A is the part-time town engineer for Smithtown and also has a consulting engineering practice. With Engineer A's advice and concurrence, Smithtown selects Engineer B to provide design services for a local road project. Following the selection and after Engineer B begins to perform preliminary design services, Engineer A, in his role as town engineer, reviews Engineer B’s preliminary work and becomes convinced that Engineer B’s performance on the contract does not meet the standards as outlined in Engineer B’s contract with the town. Following the termination of Engineer B under the terms and conditions of his contract with the town, Engineer A offers, and Smithtown agrees, that Engineer A's firm should perform the design work for the local road project for Smithtown.

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Created
2026-02-13 16:13
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2026-02-13 16:13
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Was it ethical for Engineer A to contact Smithtown and advise the town that Engineer B’s performance on the contract did not meet the standards as outlined in Engineer B’s contract with the town?Was it ethical for Engineer A to offer and agree to perform the road design work for Smithtown?
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D-tuple Component Breakdown

44

Total Entities

9/9

Components Populated

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Combined Embedding
Roles R
w=0.12 384D
Engineer A Town Engineer
As part-time town engineer, advised and concurred in Smithtown's selection of Engineer B, then reviewed Engineer B's...
Engineer A Firm Design Engineer
After Engineer B's termination, Engineer A offered, and Smithtown agreed, that Engineer A's firm should perform the...
Engineer B Design Engineer
Selected by Smithtown, with Engineer A's advice and concurrence, to provide design services for the local road...
Smithtown Client
Employed Engineer A as part-time town engineer, selected Engineer B for design services with Engineer A's advice and...
Engineer A Firm Principal
The Board finds it implied that Engineer A is an officer or principal of his engineering firm, and holds that under...
NSPE Board of Ethical Review
Reviews the conduct at issue against the NSPE Code of Ethics, holding that Engineer A had an affirmative obligation...
6 entities
Principles P
w=0.2 384D
Loyalty to Smithtown as Town Engineer
Engineer A serves Smithtown as part-time town engineer, advises and concurs in the selection of Engineer B, and...
Objectivity in Reviewing Engineer B
Engineer A, in his role as town engineer, reviews Engineer B's preliminary work and forms the professional judgment...
2 entities
Obligations O
w=0.15 384D
Engineer A Faithful Agent Duty
Engineer A, as part-time town engineer, must act as a faithful agent and trustee of Smithtown in advising on the...
Engineer A Objective Review Duty
Engineer A, in his role as town engineer, must review Engineer B's preliminary design work objectively and...
Engineer A Peer Deficiency Reporting Duty
As town engineer, Engineer A must call to the town's attention his professional opinion that Engineer B failed to...
3 entities
States S
w=0.1 384D
Town Reliance On Engineer A
Reviewer Successor Conflict Of Interest
Engineer B Performance Deficiency Conviction
Engineer B Post Termination Phase
Advisory Role Competitive Disadvantage
Engineer A Code Ineligibility
Engineer A Self Review Exposure
Unavoidable Conflict In Selection
Engineer A Town Engineer Dual Capacity
Absent Injurious Intent Finding
10 entities
Resources Rs
w=0.1 384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: conflicts of interest and eligibility of a public advisor to perform engineering...
BER Case No. 01-11
BER Case No. 01-11 (topic: engineering firm under contract with a city also serving as city engineer and the...
Engineer B Smithtown Contract
Engineer B's contract with the town (topic: design services performance standards for the local road project)
BER Case No. 63-5
BER Case No. 63-5 (topic: part-time city engineer preparing plans and specifications for the same community)
BER Case No. 74-2
BER Case No. 74-2 (topic: consulting firm principal serving as municipal engineer while the firm provides services...
5 entities
Actions A
w=0.1 384D
Firm Retention Agreement
Contract Termination Decision
Consultant Selection Advice
Deficiency Reporting
Self-Selection Service Offer
Preliminary Work Review
6 entities
Events E
w=0.08 384D
Engineer Selection
Deficiency Finding
Contract Termination
Design Contract Award
4 entities
Capabilities Ca
w=0.07 384D
Engineer A Selection Advisory
As part-time town engineer, Engineer A advised and concurred in Smithtown's selection of Engineer B to provide...
Engineer A Firm Design Services
After Engineer B's termination, Engineer A offered, and Smithtown agreed, that Engineer A's firm should perform the...
Engineer A Restrained Criticism
Engineer A exercised restrained criticism when calling to the town's attention his opinion that Engineer B failed to...
NSPE Board Precedent Reasoning
The Board reviewed its prior opinions in BER Cases 63-5, 74-2, and 01-11 and distinguished the present facts from...
Engineer A Design Review Assessment
As town engineer, Engineer A reviewed Engineer B's preliminary design work and formed the professional judgment that...
5 entities
Constraints Cs
w=0.08 384D
Engineer A Design Work Conflict
Engineer A, while serving as part-time town engineer for Smithtown, must not offer or accept for his own consulting...
Engineer A Road Design Ineligibility
Engineer A, as an implied officer or principal of his engineering firm serving as town engineer, is not eligible to...
Engineer A Reputation Injury Limit
Engineer A, when making comments in connection with Engineer B's professional services, must not say anything to...
3 entities
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