Expert Witness—Discovery of New Data Following Submission of Report

Case 107 Source
Back to Case

Document Structure

4

Sections

4/4

With Embeddings

100%

Coverage

384D

Dimensions
Embeddings use 384D local model for precedent matching
Document Sections

Content Length
321 chars
HTML Length
321 chars
Plain Text Length
321 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-02-13 16:13
Content Preview
Engineer A had an affirmative obligation to step forward and immediately advise Attorney X. Since Attorney X was in the middle of negotiations with the defendant’s attorney, which may or may not have resulted in a settlement of the case, this was critically important information for Attorney X to have in his possession.

Content Length
5376 chars
HTML Length
6034 chars
Plain Text Length
5371 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-03-02 23:20
Content Preview
Professional engineers are frequently called upon and play a critical role as forensic engineering experts in connection with civil litigation. These professional engineers have an ethical responsibility to perform these services with honesty and integrity and to be truthful and honest in their professional reports. Over the years, the NSPE Board of Ethical Review has reviewed a series of issues relating to the important role that engineering experts perform and their obligation to be honest and truthful. One such case was NSPE Board of Ethical Review Case 95-5. In that case, Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles. Following construction, there was a contractor’s extra claim and Engineer A and the municipality were both sued by the contractor. The claim was settled by mediation. Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000. During the mediation, the municipality brought in expert witnesses to support their case. One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations. Engineer A testified that the geotechnical firm’s report expected that the piles would gain sufficient additional strength within 30 days to meet driving-resistance requirements. To test this, the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements. An independent geotechnical consultant was retained by Engineer A to observe the test. The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was required for the plug to form in the original piles. Driving cond...

Content Length
1036 chars
HTML Length
1036 chars
Plain Text Length
1036 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-02-13 16:13
Content Preview
Engineer A is a professional engineer. Part of Engineer A’s duties is to perform forensic engineering services for attorneys in connection with pending litigation. Engineer A is retained by Attorney X to perform a forensic engineering investigation and prepare a written report in connection with a mechanical product failure, which resulted in extensive injuries to the Attorney’s client. Engineer A conducts the investigation for Attorney X, prepares the written report along with conclusions regarding the cause of the accident, and submits the written report to Attorney X. Attorney X is in the process of settlement negotiations with the defendant’s attorney in the case. Following Engineer A’s investigation and Engineer A submitting the report to Attorney X, but before the settlement negotiations are concluded, Engineer A discovers that the data upon which Engineer A based his report conclusions was inaccurate and that if the more accurate data had been used in his investigation, Engineer A’s conclusions would be different.

Content Length
66 chars
HTML Length
66 chars
Plain Text Length
66 chars
Embedding Dimension
384 Compatible
Created
2026-02-13 16:13
Updated
2026-02-13 16:13
Content Preview
What are Engineer A’s ethical obligations under the circumstances?
Similar Cases

Find cases with similar D-tuple components, provisions, and tags.

Find Similar Cases

D-tuple Component Breakdown

36

Total Entities

9/9

Components Populated

9/9

With Embeddings

Combined Embedding
Roles R
w=0.12 384D
Engineer A Forensic Engineer
Retained by Attorney X, conducted the forensic investigation, prepared and submitted a written report with cause...
NSPE Board of Ethical Review Adjudicator
Adjudicates the present case, finds prior BER Case 95-5 instructive on the expectations for engineers serving as...
Attorney X Retaining Client
Retained Engineer A for the forensic investigation and report on behalf of his injured client, received the report,...
Attorney X Client Injured Party
Suffered extensive injuries from the mechanical product failure and is the party on whose behalf Attorney X pursues...
Defendant's Attorney Opposing Party
Represents the defendant and is the counterparty to Attorney X in the ongoing settlement negotiations, which have...
5 entities
Principles P
w=0.2 384D
Accountability for Discovered Error
Engineer A, after submitting the report, discovers that the data on which his own conclusions were based was...
Honesty in Forensic Expert Reports
The Board frames forensic engineering experts as having an ethical responsibility to be truthful and honest in their...
Accountability for Inaccurate Report Data
The Board holds that Engineer A had an affirmative obligation to step forward and immediately advise Attorney X once...
Honesty in Forensic Report
Engineer A's written forensic report with conclusions regarding the cause of the accident was submitted to Attorney...
Integrity in Forensic Expert Services
The Board states that professional engineers serving as forensic experts have an ethical responsibility to perform...
5 entities
Obligations O
w=0.15 384D
Engineer A Inaccurate Data Disclosure Duty
Engineer A must inform Attorney X that the data on which the report conclusions were based was inaccurate and that...
Engineer A Error Acknowledgment Duty
Engineer A must acknowledge the discovered error in his own work, taking responsibility for the fact that the...
Engineer A Report Objectivity Duty
Engineer A must be objective and truthful in his forensic report and its conclusions regarding the cause of the...
Engineer A Immediate Advisement Duty
Engineer A must step forward and immediately advise Attorney X that the data on which his report conclusions were...
Engineer A Truthful Expert Reporting Duty
Engineer A, serving as a forensic engineering expert in connection with civil litigation, must perform those...
5 entities
States S
w=0.1 384D
Post Report Inaccurate Data Discovery
Pending Product Failure Litigation
Undisclosed Corrected Data For Attorney X
Inaccurate Report Basis
Pending Settlement Negotiations
5 entities
Resources Rs
w=0.1 384D
BER Case 95-5
BER Case 95-5 (topic: expectations when a professional engineer serves as an engineering expert)
1 entity
Actions A
w=0.1 384D
Engagement Acceptance
Forensic Investigation
Report Submission
Immediate Error Disclosure
4 entities
Events E
w=0.08 384D
Product Failure
Settlement Negotiations Commencement
Data Inaccuracy Discovery
3 entities
Capabilities Ca
w=0.07 384D
Engineer A Report Objectivity Maintenance
Engineer A's duty to be objective and truthful in his forensic report and its cause conclusions presupposes his...
NSPE Board Precedent Reasoning
The NSPE Board of Ethical Review, adjudicating the present case, distinguishes the facts of BER Case 95-5 from the...
Engineer A Forensic Fact Gathering
Engineer A exercised evidence-gathering diligence by conducting the forensic engineering investigation of the...
Engineer A Cause Conclusion Judgment
Engineer A exercised professional judgment in forming and expressing conclusions regarding the cause of the accident...
Engineer A Error Discovery Recognition
Engineer A recognized the ethically salient condition that his report conclusions rested on inaccurate data and that...
Engineer A Material Fact Disclosure
Engineer A's duty to inform Attorney X that the report data was inaccurate and that his conclusions would be...
Engineer A Error Accountability
Engineer A's duty to acknowledge the discovered error in his own submitted report presupposes his competence to...
7 entities
Constraints Cs
w=0.08 384D
Engineer A Inaccurate Report Non-Deception
Engineer A must not allow his submitted forensic report to stand as a deceptive statement by leaving uncorrected the...
1 entity
Embeddings: all-MiniLM-L6-v2 (384D, local) | Storage: pgvector (PostgreSQL) | Used for section and component similarity matching