Obligation-Conflict Resolution

Case 15-2 (2015) · Misrepresentation - Changes Made to Engineer’s Report

Professional obligations conflict, and the board applies no fixed rule for which one wins. Each resolution is recorded as three edges: competesWith (the tension), prevailsOver (the obligation the board allowed to win in this case), and defeasibleUnder (the situation under which the yielding obligation gives way). The same tension is then traced across comparable cases, where its resolution shifts with context. Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
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Engineer A Refusal to Alter Sealed Reports Without Technical Basis prevails over Engineer A Hurricane Case Responsible Charge Non-Subordination to Unlicensed Authority Obligation
the yielding obligation gives way only under (defeasibleUnder):
  • Supervisor B Non-Engineer Report Falsification Direction
Engineer A Third-Party Insurance Claimant Protection in Hurricane Assessment prevails over Engineer A Forensic Expert Non-Advocate Objectivity in Insurance Assessment
the two obligations are in tension (competesWith)
No State context committed for this edge.
Engineer A Hurricane Case Responsible Charge Integrity Stamped Document Accountability prevails over Engineer A Hurricane Case Responsible Charge Non-Subordination to Unlicensed Authority Obligation
the yielding obligation gives way only under (defeasibleUnder):
  • Supervisor B Non-Engineer Report Falsification Direction
Chief Engineer BER 86-2 Responsible Charge Detailed Review Obligation Violation prevails over Engineer A BER 09-6 Pressure Resistance Sealed Document Obligation Violation
the yielding obligation gives way only under (defeasibleUnder):
  • Management Schedule Pressure on Engineer A — BER Case 09-6
Engineer A BER 09-6 Peer Sealed Document Modification Prior Consent Obligation Violation prevails over Engineer A BER 09-6 Pressure Resistance Sealed Document Obligation Violation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Management Schedule Pressure on Engineer A — BER Case 09-6
Engineer A Forensic Expert Non-Advocate Objectivity in Insurance Assessment prevails over Engineer A Hurricane Case Responsible Charge Non-Subordination to Unlicensed Authority Obligation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Supervisor B Non-Engineer Report Falsification Direction
Engineer A Sealed Report Unauthorized Alteration Correction and Notification prevails over Engineer A Non-Association with XYZ Engineering Fraudulent Enterprise
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer A Competing Duties — Employer Loyalty vs. Public Welfare
Engineer A Public Welfare Safety Escalation After Report Alteration Discovery prevails over Engineer A Hurricane Case Professional Association Disengagement Obligation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer A Conflict of Interest — Employer vs. Professional Integrity
Open tensions recorded without a resolution: Engineer A Duty to Report Supervisor B Misconduct to Professional Bodies vs Engineer A Non-Association with XYZ Engineering Fraudulent Enterprise Engineer A Hurricane Case Professional Association Disengagement Obligation vs Engineer A Hurricane Case Responsible Charge Integrity Stamped Document Accountability Engineer A Hurricane Case Responsible Charge Integrity Stamped Document Accountability vs Engineer A Hurricane Case Third-Party Notification Obligation
What the board concluded
  • Engineer A has an obligation to seek an understanding of his company’s actions and, if there is an effort to misrepresent the conclusion contained in Engineer A’s report, to seek an immediate correction by contacting appropriate authorities, including the state engineering licensure board and other enforcement officials as appropriate.