How this case resolved it competition structure in OntServe
Engineer A Authority Cooperation Duty
prevails over
Engineer A Confidentiality Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Confidentiality Versus Cooperation Dilemma
Engineer A Public Safety Duty
prevails over
Engineer A Confidentiality Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Confidentiality Versus Cooperation Dilemma
What the board concluded
From the Board's conclusions in Case 96-8:
- If Engineer A determines that Engineer B’s work is or may be in violation of state and local safety requirements and endangers public health, safety and welfare, the appropriate action is for Engineer A to immediately discuss these issues with Engineer B in an effort to seek clarification and early resolution of this issue. If Engineer A and Engineer B are unable to resolve the issue, Engineer...
Recorded violations:
Design Work Execution violates Engineer A Public Safety Duty
How comparable cases resolved this and related tensions
Read at the type level, this resolution is: Confidentiality Obligation yields to Reporting Obligation. Comparison across cases happens at this level; the duty types recur while each case's obligations instantiate them. Cases below are grouped by how much of that pairing they share. A duty type that yields here may prevail elsewhere, which is the context-dependence itself, not an inconsistency.
Same tension: both duty types match, so the board ruled on this exact pairing. Related tension: only one duty type matches; the other duty differs, so these show how a type behaves elsewhere rather than a ruling on this pairing.
| Case | Prevailing type | Yielding type | Relation to this case |
|---|---|---|---|
| Same tension: both duty types match (2) | |||
|
89-7
Duty To Report Safety Violations
|
Reporting Obligation | Confidentiality Obligation | Same tension, resolved the same way |
|
90-5
Failure To Report Information Affecting...
|
Reporting Obligation | Confidentiality Obligation | Same tension, resolved the same way |
| Related tension: one duty type matches (12) | |||
|
82-2
Confidentiality of Engineering Report
|
Confidentiality Obligation | Faithful Agent Obligation | The yielding type here prevails there |
|
17-3
Public Health, Safety and...
|
Proactive Risk Disclosure Obligation | Reporting Obligation | The prevailing type here yields there |
|
17-3
Public Health, Safety and...
|
Reporting Obligation | Reporting Obligation | The prevailing type here yields there |
|
08-10
Public Welfare—Design of Medical Equipment
|
Internal Escalation Obligation | Reporting Obligation | The prevailing type here yields there |
|
08-10
Public Welfare—Design of Medical Equipment
|
Faithful Agent Obligation | Reporting Obligation | The prevailing type here yields there |
|
85-4
Objectivity of Engineer Retained as Expert
|
Faithful Agent Obligation | Objectivity Obligation | The prevailing type here yields there |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Confidentiality Obligation | The yielding type here also yields there, to a different duty |
|
93-3
Appropriate Notification And Review Of...
|
Faithful Agent Obligation | Peer Review Cooperation Obligation | The yielding type here also yields there, to a different duty |
|
90-5
Failure To Report Information Affecting...
|
Safety Obligation | Confidentiality Obligation | The yielding type here also yields there, to a different duty |
|
23-4
Acknowledging Errors in Design
|
Objectivity Obligation | Professional Accountability Obligation | The prevailing type here also prevails there, over a different duty |
|
76-4
Public Welfare - Knowledge of Information...
|
Reporting Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
|
89-7
Duty To Report Safety Violations
|
Reporting Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
Closest instance-level matches, ranked on the specific obligations and contexts of this case:
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
90-5
Failure To Report Information Affecting...
|
Engineer A Tenant Safety Duty | Engineer A Confidentiality Duty | Safety Endangerment Confidentiality Release |
|
89-7
Duty To Report Safety Violations
|
Engineer A Safety Precedence Duty | Engineer A Confidentiality Duty | Code Exception Disclosure Release |
|
88-6
Whistleblowing - City Engineer
|
Engineer A Proper Authority Reporting Duty | Engineer A Faithful Agent Duty | Loyalty Versus Public Protection Conflict |
|
22-2
Sharing As-Built Drawings
|
Engineer D Formal Sharing Channel Duty | Engineer D Faithful Agent Duty | Informal As-Built Sharing Impropriety Appearance; Pre-Bid Selective Sharing Award Risk |
|
18-9
Public Health and Safety—Building Codes to...
|
Engineer A Public Safety Duty | Engineer A Client Persuasion Duty | Client Duty Versus Public Safety Conflict; Owner Cost Based Refusal |