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Before turning to a discussion of the ethical principles involved in this situation, we must make it as clear as possible that it is not our function to give gratuitous advice to a state registration board, or to pass judgment on this case as related to the question of whether Engineer B had engaged in activity which might or might not constitute a violation of the state registration law.
Restricting our analysis and conclusion to the sole question of whether Engineer B acted ethically, we affirm previous cases holding that it is not the intent or purpose of 12(a) to prevent one engineer from reviewing the work of another engineer. Nor does the code language so indicate. In this particular set of facts, it is apparent that Engineer A knew that Engineer B had been retained to make an engineer's inspection of the facility and that the resulting evaluation would necessarily entail a review of the original designs. Also, it is equally clear that the connection of Engineer A with the project had been terminated some years earlier. We do not need at this point, therefore, to consider whether the work of Engineer B was for the same client.
It may be helpful for future guidance to again point out that the purpose of 12(a) is to provide the engineer whose work is being reviewed by another engineer the opportunity to submit his comments or explanation for his technical decisions, thereby enabling the reviewing engineer to have the benefit of a fuller understanding of the technical considerations in the original design in framing his comments or suggestions for the ultimate benefit of the client. (See Cases Nos. 68-6 and 68-11.)
On the basis of the information submitted to us, there is no showing that Engineer B had undertaken his review and subsequent report with the intent to injure the professional reputation or practice of Engineer A. The fact that Engineer B concluded that some changes were needed in the equipment originally specified cannot alone constitute the kind o...