In answering the City Administrator’s specific questions and by criticizing the work of Engineer B, Engineer C’s action were unethical.

Competition for engineering work by private consulting firms can be quite intense. Selection of a winning proposal may be made on razor-thin margins. Competitive edges are sought to win work over other firms. The potential benefit of stretching ethical bounds to achieve a competitive edge may seem to merit consideration. In this case, Engineer C has criticized the work of another engineer, Engineer B. Further, Engineer C voiced this criticism while Engineer B was still under contract with Client A, and Engineer C may not have known all the circumstances under which Engineer B performed his work as Engineer C was not involved in Engineer B’s decision-making process. NSPE Code of Ethics Section III.6 states that Engineers shall not attempt to obtain employment or advancement or professional engagements by untruthfully criticizing other engineers, or by other improper or questionable methods. Engineer C could be truthful, as far as C is aware, in this conversation. However, Engineer C’s statements may not be accurate since C might not know all the circumstances. As such, Engineer C’s conversation with Client A could easily be seen as improper and questionable since, during the conversation with the City Administrator, Engineer C was not fully cognizant of Engineer B’s situation. In BER Case 93-3 , Engineer A was retained by a major franchiser to provide engineering design services for a chain of stores throughout the United States. After several years, the franchiser decided to terminate its relationship with Engineer A and provided Engineer A of notice of its intent not to renew its contract with Engineer A’s firm. In order to maintain continuity and before the contract expired, the franchiser began discussions with Engineer B and retained Engineer B to provide immediate review of design concerns. Prior to the review, franchiser specifically told Engineer B not to disclose to Engineer A, Engineer B’s relationship with franchiser. Nevertheless, Engineer B notifie...

Client A is a city which receives consulting engineering services from a selected private firm. The contract runs for 3 years. Engineer B is currently hired under these contract terms and is in the final year of the 3-year contract. The City Administrator leads the effort for the city to coordinate the work of Engineer B. The City Administrator will also be heavily involved in the effort to select the consulting firm for the next 3-year contract. The City Administrator has questioned the judgment of Engineer B on several occasions during the contract period. The City Administrator also has previous experiences with a competing firm, Engineer C. The City Administrator contacts Engineer C to question him on specific issues Engineer B has worked on for the City. Engineer C fully realizes that answering these questions in a certain perspective would be a pretext to gaining an advantage in the competition for the next 3-year contract. Engineer C answers the City Administrator’s questions on the specific issues and is critical of Engineer B’s decisions.

Is Engineer C’s answering of the City Administrator’s questions and his criticism of Engineer B ethical?

III.6. Engineers shall not attempt to obtain employment or advancement or professional engagements by untruthfully criticizing other engineers, or by other improper or questionable methods. Subject Reference Unfair Competition III.7. Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action. Subject Reference Public Statements and Criticism Unethical Practice by Others III.7.a. Engineers in private practice shall not review the work of another engineer for the same client, except with the knowledge of such engineer, or unless the connection of such engineer with the work has been terminated. Subject Reference Reviewing the Work of Other Engineers