Providing Incomplete, Self-Serving Advice
Case 14
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It was unethical for Engineer A to leave out relevant and pertinent information from the analysis/ recommendation. Engineer A should have included evaluation of all available delivery methods rather than including only two, including one that A’s firm could provide. Engineer A could also have referred City Administrator to 3rd-party resources. It was ethical for Engineer A to recommend progressive design build is the best choice, as long as reasons are objective, described, valid, and compared against all available and appropriate delivery methods. Unfortunately, Engineer A did not provide objective support for the recommendation. Consequently, Engineer A’s conduct was unethical. It was not unethical to include marketing materials that display Engineer A’s firm’s qualifications.
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By their very words, the cited sections of the NSPE Code of Ethics provide appropriate guidance: “objective and truthful,” “include all relevant and pertinent information,” “not offer any gift or other valuable consideration in order to secure work.”
BER Case 95-5 addressed integrity and completeness in preparing reports. The engineer in question rendered an opinion that, based upon test pile, the project’s installed piles did not meet the design safety factor. However, the engineer failed to include in the report that the initial log indicated that several of the piles were driven to essential refusal (intentional disregard of other information); that the test equipment had failed (selective use of information); that the test piles were not driven to the same depth as the installed piles, that a different installation technique was used, that following cure, the test hammer was dropped several times before the count began (all failure to investigate), or that the predicted increase in strength after cure was confirmed. (In that case, the engineer in question also engaged in misrepresentation and potential perjury, but that’s not at issue in the present case.)
BER Case 99-8 was relatively analogous. Engineer A bid and won a design contract to provide a complete set of plans and specifications. However, Engineer A submitted plans that were lacking much of the design detail in both drawings and specifications. Not only did Engineer A acknowledge that fact, but even acknowledged that certain parts of the project were arguably unbuildable. Furthermore, Engineer A did not inform anyone as to the incompleteness at the time of submission. Engineer A had a clear obligation to provide a complete set of design drawings and specifications on the project in which Engineer A was engaged, and the incomplete submission was clearly unethical. (In that case, the engineer in question also expressed an intent to defraud, but that’s not at issue in the present case.)
In the prese...
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Engineer A provides construction services in the community of City B and is a licensed professional engineer in State C where City B is located. City B is a large metropolitan area and all forms of contracting are available. Engineer A currently has no contractual relationship with City B. City B’s City Administrator asked Engineer A for a recommendation on project delivery methods for their upcoming wastewater system improvements project using a specific funding source. City Administrator is not a licensed professional engineer.Under the proposed funding source, there are four approved project delivery methods: Design-Bid-Build, Construction-Management-at-Risk, Fixed-Price-Design-Build, and Progressive-Design-Build. Additionally, if Construction Manager at Risk is selected by the owner, City B, the funding agency requires the Construction Manager at Risk firm and the Engineer of Record be two distinct entities.Engineer A is qualified to provide construction services under Progressive-Design-Build and Construction-Manager-at-Risk delivery methods Engineer A prepared a summary memo to City B Administrator and only identified Design-Bid-Build and Progressive-Design-Build as viable project delivery options.Engineer A recommended Progressive Design Build. Accompanying the recommendation, Engineer A provided a summary of the firm’s experience with Progressive-Design-Build projects and references from past projects
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Was it ethical for Engineer A to provide a recommendation on project delivery methods that only included two of the possible methods, without providing the complete analysis and the reasoning behind recommending the two selected methods over others? Was it ethical for Engineer A to recommend the method for which they could provide services? Was it ethical for Engineer A to include project summaries and references to encourage selection of their firm for the recommended method for project delivery?
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II.3.
Engineers shall issue public statements only in an objective and truthful manner.
Subject Reference
Public Statements and Criticism
II.3.a.
Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current.
Subject Reference
Misrepresentation/Omission of Facts
Professional Reports, Statements, Testimony
II.5.b.
Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to influence the award of a contract by public authority, or which may be reasonably construed by the public as having the effect or intent of influencing the awarding of a contract. They shall not offer any gift or other valuable consideration in order to secure work. They shall not pay a commission, percentage, or brokerage fee in order to secure work, except to a bona fide employee or bona fide established commercial or marketing agencies retained by them.
Subject Reference
Political Contributions, Gifts, Commissions
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43
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer A Consultant Engineer
Asked by City B's City Administrator for a recommendation on project delivery methods for a wastewater system...
City Administrator Municipal Official
Asked Engineer A for a recommendation on project delivery methods for City B's upcoming wastewater system...
City B Owner
Owner of the upcoming wastewater system improvements project. As owner it selects the project delivery method from...
BER Ethics Review Board
Adjudicated Engineer A's conduct against the cited NSPE Code sections, finding that providing only a partial,...
4 entities
Principles
P
w=0.2
384D
Complete Reporting in Delivery Method Advice
Engineer A provided only a partial, comparative engineering evaluation with no analysis, rather than a complete...
Engagement Solicitation in Free Services
Engineer A's provision of a partial engineering evaluation at no charge, coupled with a recommendation to Engineer...
Objectivity in Delivery Method Advice
Engineer A's recommendation on project delivery methods was to Engineer A's benefit, making the information...
Complete Reporting in Delivery Options Memo
Engineer A's summary memo to the City B Administrator identified only Design-Bid-Build and Progressive-Design-Build...
Objectivity of Delivery Method Recommendation
Engineer A recommended Progressive Design Build, a delivery method Engineer A is qualified to provide construction...
5 entities
Obligations
O
w=0.15
384D
Engineer A Objectivity Duty
Engineer A must issue the project delivery method recommendation to City B objectively and truthfully, not shaping...
Engineer A Complete Information Duty
Engineer A must include all relevant and pertinent information when advising City B on project delivery methods,...
Engineer A Complete Options Disclosure Duty
Engineer A must report to City B's City Administrator all four project delivery methods approved under the proposed...
3 entities
States
S
w=0.1
384D
Self Interested Delivery Recommendation
Omitted Delivery Options Memo
Funding Agency Entity Separation Requirement
No Contract With City B
Non Engineer Administrator Reliance
Ethical Alternatives Available To Engineer A
City Administrator Solicitation Intent Unclear
Free Services Extended To City
8 entities
Resources
Rs
w=0.1
384D
Engineer A Summary Memo
recommended project delivery methods for the wastewater system improvements project
NSPE Code of Ethics
NSPE Code of Ethics (topic: objectivity and truthfulness, completeness of information, and prohibition on offering...
BER Case 95-5
BER Case 95-5 (topic: incomplete and self-serving information provided by an engineer)
BER Case 99-8
BER Case 99-8 (topic: incomplete and self-serving information provided by an engineer)
4 entities
Actions
A
w=0.1
384D
Firm Credentials Attachment
Selective Method Presentation
Delivery Method Recommendation
Recommendation Solicitation
Free Engineering Evaluation Provision
5 entities
Events
E
w=0.08
384D
Solicitation Receipt
Incomplete Information Delivery
Free Services Extension
Unethical Conduct Finding
4 entities
Capabilities
Ca
w=0.07
384D
Engineer A Objectivity Maintenance
Engineer A's duty to issue the delivery method recommendation to City B objectively and truthfully presupposes the...
BER Precedent Reasoning
The BER reasoned analogically from prior cases, characterizing Engineer A's partial, self-serving evaluation as...
BER Code Application
The BER applied the cited NSPE Code sections, objective and truthful, include all relevant and pertinent...
Engineer A Advisory Competence
Engineer A exercised advisory competence by responding to the City Administrator's request with a recommendation on...
Engineer A Delivery Method Analysis
Engineer A exercised analytical competence in evaluating the approved project delivery methods and preparing a...
Engineer A Options Disclosure
Engineer A exercised the competence to communicate delivery method options by preparing a summary memo to City B's...
Engineer A Construction Services
Engineer A provides construction services in City B and is qualified to provide construction services under the...
7 entities
Constraints
Cs
w=0.08
384D
CMAR Engineer of Record Entity Separation
Engineer A's firm must not serve as both the Construction Manager at Risk firm and the Engineer of Record on City...
City B Approved Delivery Methods Limit
City B must not procure the wastewater system improvements project under a delivery method outside the four approved...
Engineer A Free Services Prohibition
Engineer A must not offer any gift or other valuable consideration, including the extension of free engineering...
3 entities
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