It would be unethical for Engineer B to perform the design of the structural footings as part of the facility. Engineer A has an ethical responsibility to question Engineer B's competency and report his concerns to the contractor.

The Board has had occasion to consider cases involving ethical issues that are somewhat related to the issues involved in this case. In BER Case 71-2, a case involving the brokerage of engineering services by two firms competing for government work and the question of competence. The Board, in examining predecessor Section 6, recognized "the propriety and value of the prime professional or client retaining the services of experts and specialists in the interests of the project", and noted that a prime professional will be expected to retain or recommend the retention of experts and specialists in situations in which the prime professional is performing substantial services on the project. Likewise, BER Case 78-5, involved an effort by a consulting firm under consideration to perform services to a public utility in which the firm sought to alter its qualifications following its interview with the public utility in order to improve its position to secure the contract. The Board affirmed its decision rendered in BER Case 71-2 that in the field of consulting practice, engineers have an ethical obligation to seek work only in areas where they possess educational background and experience or to retain individuals who possess the necessary educational background and experience to perform the work. More recently, in BER Case 85-3, a local county ordinance required that the position of county surveyor be filled by a P.E. The first appointee to the position was not a P.E. and was therefore deemed unqualified to continue in the position. The county commissioners met and decided to appoint an engineer, a P.E. with experience and educational background solely in the field of chemical engineering. The engineer accepted the position. The duties and responsibilities of the position of county surveyor included oversight of surveying reports and highway improvement projects but did not include actual preparation of engineering or surveying documents. After considering the two earlie...

Engineer A, a professional engineer works with a construction contractor on a design/build project for the construction of an industrial facility. During the construction of the project, the construction contractor separately retains the services of a Engineer B, a professional engineer to design structural footings as part of the facility. Engineer B's degree and background is in chemical engineering. Engineer A has been unable to establish that Engineer B has any apparent subsequent training in foundation design and Engineer A has reservations concerning the competence of Engineer B to design the structural footings and reports his concerns to the contractor.

Would it be ethical for Engineer B to perform the design of the structural footings as part of the facility? Did Engineer A have an ethical responsibility to question Engineer B's competency and report his concerns to the contractor?