Duty To Disclose Disciplinary Complaint To Client

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Created
2026-02-13 16:13
Updated
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It was ethical for Engineer A not to report to Client B the ethics complaint filed against Engineer A by Client C.

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The obligation of the engineer to be honest and truthful and to avoid acts that might be viewed as misleading and deceptive is clearly stated in various sections of the NSPE Code of Ethics (See NSPE Code Sections II.3.a., II.4.a, II.5.a. and III.3.a.). These include the obligations to be truthful in public statements, act as a faithful agent and trustee in dealings with clients, not falsify or misrepresent their professional qualifications, and avoid the use of statements containing a material misrepresentation of fact. The Board has reviewed a number of factual situations over the years relating to the question of misleading clients through the misrepresentation of professional qualifications. For example, in Case No. 83-1, Engineer A worked for Engineer B. Engineer B notified Engineer A that Engineer B was going to terminate Engineer A because of lack of work. Engineer A continued to work for Engineer B for several additional months after the termination notice. During that period, Engineer B distributed a previously printed brochure listing Engineer A as one of Engineer B's key employees, and continued to use the previously printed brochure with Engineer A's name in it well after Engineer B did in fact terminate Engineer A. The Board ruled that it was not unethical for Engineer B to distribute a previously printed brochure listing Engineer A as a key employee, providing Engineer B apprised the prospective client, during negotiation, of Engineer A's pending termination. The Board also ruled that it was unethical for Engineer B to distribute a brochure listing Engineer A as a key employee after Engineer A's actual termination. Interpreting the meaning of NSPE Code Section II.5.a, we noted that the words "pertinent facts" are those facts that have a clear and decisive relevance to a matter at hand. Another way to characterize pertinent facts is as those that are "relevant and highly significant." We determined whether (1) Engineer B in fact misrepresented "pertine...

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Created
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Engineer A is retained by Client B to perform design services and provide a Critical Path Method (CPM) schedule for a manufacturing facility. Engineer A prepares the plans and specifications and the CPM schedule.During the rendering of services to Client B on this project, the state board of professional engineers contacts Engineer A regarding an ethics complaint filed against Engineer A by Client C relating to services provided on a project for Client C that are similar to the services being performed for Client B. Client C alleges that Engineer A lacked the competence to perform the services in question. Engineer A does not believe it is necessary to notify Client B of the pending complaint. Later, through another party, Client B learns of the ethics complaint filed against Engineer A and tells Engineer A that he is upset by the allegations and that Engineer A should have brought the matter to Client B’s attention.

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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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Was it unethical for Engineer A to not report to Client B the ethics complaint filed against Engineer A by Client C?
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D-tuple Component Breakdown

39

Total Entities

9/9

Components Populated

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With Embeddings

Combined Embedding
Roles R
w=0.12 384D
Engineer A Design Engineer
Retained by Client B to perform design services and provide a CPM schedule for a manufacturing facility, prepares...
Client C Complainant Client
A prior client of Engineer A on a similar project who files an ethics complaint with the state board of professional...
State Board Regulatory Authority
Contacts Engineer A regarding the ethics complaint filed against Engineer A by Client C while Engineer A is...
NSPE Board of Ethical Review
Adjudicates the present case, interpreting the NSPE Code obligations to be honest and truthful and to act as a...
Client B Client
Retains Engineer A for design services and a CPM schedule for a manufacturing facility, later learns through another...
5 entities
Principles P
w=0.2 384D
Transparency in Complaint Notification
Client B, after learning of the ethics complaint through another party, tells Engineer A that Engineer A should have...
Competence in Similar Services
Client C files an ethics complaint with the state board of professional engineers alleging that Engineer A lacked...
Honesty toward Client B
The Board frames the decisive question as whether Engineer A's not communicating the pending ethics complaint to...
Faithful Agency to Client B
The Board acknowledges Engineer A's clear ethical obligation to act as a faithful agent and trustee for the benefit...
Transparency in Complaint Disclosure
The Board is not suggesting Engineer A had an ethical obligation to report the complaint, but believes Engineer A...
5 entities
Obligations O
w=0.15 384D
Engineer A Complaint Disclosure Duty
Engineer A should have brought the pending ethics complaint filed by Client C to Client B's attention while...
Engineer A Competence Duty
Engineer A must perform the design and CPM scheduling services only within areas of competence, the duty Client C...
Engineer A Faithful Agent Duty
Engineer A must act as a faithful agent and trustee for the benefit of Client B while rendering design and CPM...
Engineer A Objectivity Duty
Engineer A must be objective and truthful in professional communications with Client B, the decisive test being...
4 entities
States S
w=0.1 384D
Complaint Nondisclosure To Client B
The fact of the pending ethics complaint, withheld by Engineer A from Client B. Triggered when The state board...
Engineer A Notice Unnecessary Belief
Engineer A's belief that it is not necessary to notify Client B of the pending complaint. Triggered when The state...
Pending Complaint Against Engineer A
Engineer A, against whom an ethics complaint filed by Client C is pending before the state board. Triggered when...
Client B Indirect Discovery
Client B, who learned of the ethics complaint against Engineer A through another party rather than from Engineer A....
Unproven Ethics Complaint Allegation
The ethics complaint filed by Client C against Engineer A before the state engineering licensure board. Triggered...
Engineer A Reputation Exposure
Engineer A and his firm. Triggered when Client C files the ethics complaint alleging lack of competence in Engineer...
6 entities
Resources Rs
w=0.1 384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: honesty, truthfulness, and avoidance of misleading and deceptive acts by engineers)
BER Case 83-1
BER Case No. 83-1 (topic: misrepresentation of professional qualifications through a firm brochure listing a...
BER Case 90-4
BER Case No. 90-4 (topic: continued representation of a departing engineer as a firm employee in a brochure and firm resume)
Case No. 83-1
The Board discussed this case to illustrate the meaning of 'pertinent facts' and 'misrepresentation' under NSPE Code...
Case No. 90-4
The Board cited this case as a related precedent involving continued representation of a departed employee in firm...
5 entities
Actions A
w=0.1 384D
Professional Engagement Retention
Design Services Performance
Ethics Complaint Filing
Nondisclosure Decision
Client Confrontation
5 entities
Events E
w=0.08 384D
Board Complaint Notification
Third-Party Disclosure
2 entities
Capabilities Ca
w=0.07 384D
Engineer A CPM Scheduling Capability
Engineer A exercises scheduling competence by preparing the Critical Path Method schedule for Client B's...
Engineer A Disclosure Capability
The asserted duty that Engineer A should have brought the pending ethics complaint to Client B's attention...
Engineer A Prudent Disclosure Judgment
The Board holds that Engineer A was not compelled to automatically disclose the complaint, but should weigh all...
Engineer A Background Information Disclosure
The Board believes Engineer A should have weighed providing Client B with some limited background information in a...
Engineer A Design Capability
Engineer A exercises design competence by preparing the plans and specifications for Client B's manufacturing...
5 entities
Constraints Cs
w=0.08 384D
Engineer A Client Deception Prohibition
Engineer A must not communicate information to Client B, or withhold information from Client B, in a manner that...
Engineer A Compelled Disclosure Limit
Engineer A's duties to act as a faithful agent and trustee, avoid deceptive acts, and be objective and truthful may...
2 entities
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