Obligation-Conflict Resolution

Case 22-2 (2022) · Sharing As-Built Drawings

Case Precedents

How this case resolved it competition structure in OntServe

Engineer D Formal Sharing Channel Duty prevails over Engineer D Faithful Agent Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Informal As-Built Sharing Impropriety Appearance
Pre-Bid Selective Sharing Award Risk

What the board concluded

From the Board's conclusions in Case 22-2:

It is ethical for Engineer D to make it known that as-built drawings are available; but they should be readily available to contractors as part of the standard project delivery process to assure that all contractors have equal access to the information.
It is unethical for Engineer D to share as-built documents selectively pre-bid. D should work to make as-built documents available for all bidders as part of contract documents.

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Faithful Agent Obligation yields to Disclosure 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 (1)
85-4 Objectivity of Engineer Retained as Expert	Faithful Agent Obligation	Objectivity Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (15)
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability Obligation	The yielding type here prevails there
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety Obligation	The yielding type here prevails there
93-3 Appropriate Notification And Review Of...	Faithful Agent Obligation	Peer Review Cooperation Obligation	The yielding type here prevails there
08-10 Public Welfare—Design of Medical Equipment	Faithful Agent Obligation	Reporting Obligation	The yielding type here prevails there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Proactive Risk Disclosure Obligation	The prevailing type here yields there
24-1 Balancing Client Directives and Public...	Safety Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
76-4 Public Welfare - Knowledge of Information...	Safety Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
76-4 Public Welfare - Knowledge of Information...	Reporting Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
89-7 Duty To Report Safety Violations	Safety Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
89-7 Duty To Report Safety Violations	Reporting Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
88-6 Whistleblowing - City Engineer	Safety Withdrawal and Notification Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
82-2 Confidentiality of Engineering Report	Confidentiality Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
92-6 Public Welfare - Hazardous Waste	Safety Obligation	Faithful Agent 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
17-3 Public Health, Safety and...	Proactive Risk Disclosure Obligation	Reporting 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)
88-6 Whistleblowing - City Engineer	Engineer A Proper Authority Reporting Duty	Engineer A Faithful Agent Duty	Loyalty Versus Public Protection Conflict
82-2 Confidentiality of Engineering Report	Engineer A Client Confidentiality Duty	Engineer A Faithful Agent Duty	Engineer A Good Faith Assumption; Report Copy Sent to Realty Firm
89-7 Duty To Report Safety Violations	Engineer A Safety Precedence Duty	Engineer A Faithful Agent Duty	Code Exception Disclosure Release
96-8 Peer Review - Confidentiality Agreements	Engineer A Authority Cooperation Duty	Engineer A Confidentiality Duty	Confidentiality Versus Cooperation Dilemma
92-6 Public Welfare - Hazardous Waste	Engineer B Paramount Public Welfare Duty	Engineer B Faithful Agent Duty	Client Business Relationship Conflict