Failure To Include Information In Engineering Report
Case 71
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Created
2026-02-13 15:43
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It was unethical for Engineer B to issue his report without mentioning the failed operation of the testing equipment. It was unethical for Engineer B to not communicate with any representative of Engineer A about the project. It was unethical for Engineer B to not communicate with the contractor’s supervisor and workers who were on the job during construction. It was unethical for Engineer B to issue his report without mentioning that the 19 piles questioned had, according to the driving records, met refusal.
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A mix of legal or quasi-legal and engineering procedural philosophies are revealed in this case. Engineers must be exponents of all the available technical facts as the basis for problem solving. Facts are not adversarial, even if they may be conflicting. Adversarial interests, however, are polarizing to the effect that some facts may be preferred by one interest over the other. In this case, an adversarial relationship is established between the municipality and Engineer A to resolve the sharing of a settlement cost between the two. To test the criteria and professional judgment upon which Engineer A's conclusion, and recommendations were based, the municipality arranged for a test pile driving program and retained Engineer B to supervise the program. At the conclusion of the program Engineer B reports that 19 piles do not meet the required factor of safety for the reason that the piles were not driven to a sufficient depth that pile friction resistance would support the load. Material facts, however, were not addressed in Engineer B's report. Among them, that dynamic test equipment failed during the test, and that all 19 test piles reported as failing the test were driven to refusal. Whatever rational Engineer B may employ to draw his conclusion, valid or not, the select language of the report precludes any interpretation that any or all 90 piles met the factor of safety requirement. The opportunity for expert engineering review and interpretation of the pile driving test was effectively denied by Engineer B's report. It is not evident from the facts of the case that Engineer B's selective use of technical fact was inspired by the adversarial circumstance, nor does it matter. As evidence, the report appears to serve no purpose except to impugn Engineer A, or to support the original testimony of the municipality’s expert witness. As an engineering document the report is incomplete and does a disservice to Engineer B's client municipality by potentially misdirecting...
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Engineer A was retained by a municipality to design a dock on a supporting foundation of 90 piles. Following construction, there was a contractor's extra claim and Engineer A and the municipality were both sued by the contractor. The claim was settled by mediation. Engineer A and the municipality shared the cost of the settlement with the contractor for $300,000.During the mediation, the municipality brought in expert witnesses to support their case. One expert testified that the pile driving records indicated that many of the piles did not, at the time of initial driving, meet driving resistance sufficient to satisfy the load carrying requirements of the design calculations. Engineer A testified that the geotechnical firm's report expected that the piles would gain sufficient additional strength within 30 days to meet driving resistance requirements.To test this, the municipality retained Engineer B to supervise the driving of several test piles to see whether the piles would gain sufficient strength to meet the design calculation requirements. An independent geotechnical consultant was retained by Engineer A to observe the test. The geotechnical consultant testified and showed that dynamic test equipment had failed during the test and that the test piles were not driven to the same depth of penetration that apparently was required for the plug to form in the original piles. Driving conditions were not duplicated in driving the test piles in that a vibratory hammer was used for the test piles and not used in the original driving. Also, after the 30 day set up, the driving hammer was dropped several times to start the hammer before the record of blow counts commenced. In the opinion of Engineer A's geotechnical consultant, this would have broken the pile bond and undervalued the skin friction value reported by Engineer B's tests. However, the test piles were driven and after a 30 day set, the increase in set up strength with time was confirmed.Engineer B's concludin...
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2026-02-13 15:43
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Was it ethical for Engineer B to not have included the failed operation of the test equipment in his report? Was it ethical for Engineer B not to communicate with any representatives of Engineer A about the project? Was it ethical for Engineer B not to communicate with the contractor’s supervisor and workers who were on the job during construction? Was it ethical for Engineer B to issue his report without mentioning that the 19 piles questioned had, according to the driving records, met refusal?
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Find Similar CasesD-tuple Component Breakdown
62
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer A Design Engineer
Designed the dock on a 90 pile foundation, was sued by the contractor together with the municipality, shared the...
Geotechnical Consultant Test Observer
Retained by Engineer A to observe the test pile driving, testified that the dynamic test equipment failed, that the...
Engineer A On-Site Representative
Present on the job site as Engineer A's representative during the test pile driving. The Board states Engineer B may...
Engineer B Forensic Test Engineer
Retained by the municipality to supervise test pile driving, issued a concluding report stating approximately 19 of...
Municipality Expert Witness
Testified during the mediation that the pile driving records indicated many of the piles did not, at the time of...
Municipality Client
Retained Engineer A to design the dock, was sued by the contractor together with Engineer A, shared the $300,000...
Contractor Claimant
Constructed the dock, filed an extra claim, sued Engineer A and the municipality, and received a $300,000 settlement...
Geotechnical Firm Report Author
Authored the geotechnical report that expected the piles would gain sufficient additional strength within 30 days to...
8 entities
Principles
P
w=0.2
384D
Objectivity in Forensic Opinion
Engineer B based the conclusion that 19 piles failed on disbelief of the pile driving records, saying the records...
Objectivity in Adversarial Setting
Engineer B's selective use of technical fact within the adversarial relationship between the municipality and...
Complete Reporting in Test Pile Report
Engineer B's concluding report stated that approximately 19 of the 90 piles did not meet the required safety factor...
Complete Reporting in Pile Report
Engineer B's concluding report omitted material facts, including that the dynamic test equipment failed during the...
Client Service Loyalty in Report
The Board finds the incomplete report does a disservice to Engineer B's client municipality by potentially...
5 entities
Obligations
O
w=0.15
384D
Engineer B Objectivity Duty
Engineer B must base his forensic opinion on objective, verified facts, making reasonable inquiry of the available...
Engineer B Fact Gathering Diligence Duty
Engineer B must exercise fact gathering diligence by inquiring from the contractor, workers, or others on the job...
Engineer B Client Service Duty
Engineer B must serve his client municipality faithfully by producing a complete engineering report that does not...
Engineer B Complete Reporting Duty
Engineer B must report his test pile findings completely, including that the pile driving records showed the 19...
4 entities
States
S
w=0.1
384D
Pile Capacity Expert Disagreement
Engineer B Client Defense Bias
Engineer B Report Omissions
Incomplete Report Misdirection Risk
Contractor Claim Adversarial Posture
Engineer B Fact Gathering Deficiency
Pile Records Scope Exclusion
Flawed Test Pile Conditions
Available On-Site Representatives
Report Precludes Expert Review
10 entities
Resources
Rs
w=0.1
384D
Engineer B Concluding Report
Engineer B's concluding report (topic: whether the test piles gained sufficient strength to meet the design...
NSPE Code of Ethics
NSPE Code of Ethics (topic: completeness and truthfulness of engineering reports, statements, and testimony)
Accepted Wave Equation Calculations
wave equation analysis of pile strength at driving refusal
Pile Driving Records
pile driving records (topic: driving resistance and depth of penetration of the 90 foundation piles)
Geotechnical Firm Report
geotechnical firm's report (topic: expected gain in pile strength within 30 days after driving)
Dock Design Calculations
design calculations (topic: load carrying requirements and safety factor for the dock pile foundation)
6 entities
Actions
A
w=0.1
384D
Design Engagement Acceptance
Independent Observer Retention
Test Condition Deviation
Post-Report Justification
Mediated Settlement Decision
Expert Witness Retention
Design Basis Testimony
Test Supervisor Retention
Test Deficiency Testimony
Consultation Omission
Selective Report Issuance
Records Exclusion Decision
12 entities
Events
E
w=0.08
384D
Contractor Claim Lawsuit
Test Equipment Failure
Premature Driving Refusal
Pile Bond Disruption
Strength Gain Confirmation
5 entities
Capabilities
Ca
w=0.07
384D
Engineer B Pile Data Interpretation
The discussion acknowledges that Engineer B employed some engineering rationale to draw his conclusion about the 19...
Geotechnical Firm Strength Prediction
The geotechnical firm exercised engineering analysis competence in its report predicting that the piles would gain...
Engineer A Dock Design
Engineer A exercised design competence by designing the dock on a supporting foundation of 90 piles for the municipality.
Engineer A Mediation Testimony
Engineer A testified during the mediation about the geotechnical firm's expectation that the piles would gain...
Municipality Expert Records Testimony
The municipality's expert testified during the mediation that the pile driving records indicated many piles did not...
Geotechnical Consultant Test Testimony
Engineer A's independent geotechnical consultant testified and showed that the dynamic test equipment failed and...
Geotechnical Consultant Pile Analysis
The geotechnical consultant analyzed the test conditions and concluded that dropping the hammer before blow counts...
Engineer B Test Pile Supervision
Engineer B was retained by the municipality to supervise the driving of several test piles, and the test piles were...
Engineer B Pile Strength Analysis
Engineer B exercised engineering analysis competence by applying skin friction resistance values to pile penetration...
Engineer B Report Communication
Engineer B exercised the competence to communicate findings by issuing his concluding report on the test pile...
10 entities
Constraints
Cs
w=0.08
384D
Engineer B Material Fact Omission
Engineer B must not issue a concluding report on the test pile program that omits material facts, including that the...
Engineer B Selective Data Use
Engineer B must not selectively disregard the pile driving records and the available means of verifying them,...
2 entities
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