Failure To Include Information In Engineering Report

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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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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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Roles R
w=0.12 384D
Litigation Dispute Municipality Client
A municipal government stakeholder role in which the municipality is a party to an adversarial legal or quasi-legal...
Dock Foundation Design Engineer
A licensed professional engineering role in which an engineer is retained by a municipality to design marine or...
Litigation Expert Witness Engineer
A licensed professional engineering role in which an engineer provides expert testimony during mediation or legal...
Engineer A Dock Foundation Design Engineer
Retained by the municipality to design a dock on a 90-pile foundation; party to litigation arising from contractor's...
Independent Geotechnical Litigation Observer
A licensed geotechnical engineering role in which an engineer is retained by one party in litigation to...
Municipality Expert Witness Engineer
Expert witness(es) retained by the municipality during mediation proceedings who testified that pile driving records...
Municipality Litigation Testing Client
Original client retaining Engineer A for dock design; co-defendant in contractor lawsuit; retained Engineer B to...
Engineer B Municipality-Retained Litigation Testing Engineer
Retained by the municipality to supervise test pile driving and produce a report evaluating whether piles met design...
Municipality Litigation Dispute Client
Party to an adversarial dispute with Engineer A over settlement cost sharing; arranged and funded the test pile...
Engineer A On-Site Representative
Engineer A's representative present on-site during the test pile driving program; Engineer B failed to communicate...
Engineer A Geotechnical Consultant Independent Observer
Retained by Engineer A to independently observe the test pile driving supervised by Engineer B. Testified that...
Municipality-Retained Litigation Testing Engineer
A licensed professional engineering role in which an engineer is retained by a municipal client involved in...
Adversarial Litigation Testing Supervisor Engineer
A licensed professional engineering role in which an engineer is retained by one party in an adversarial legal or...
Engineer B Adversarial Litigation Testing Supervisor
Retained by the municipality to supervise the test pile driving program; produced a report omitting material facts...
14 entities
Principles P
w=0.2 384D
Adversarial Context Non-Exemption from Professional Standards Applied to Engineer B
The case discussion explicitly finds that Engineer B's selective use of data to defend the client municipality...
Client Disservice Through Incomplete Reporting Invoked Against Engineer B
Engineer B's omission of pile driving records from his report not only violated professional completeness...
Adversarial Engagement Objectivity Obligation
Professional principle requiring engineers retained in adversarial legal or quasi-legal proceedings to maintain the...
Completeness Violated By Engineer B Omitting Equipment Failure
Engineer B's concluding report omitted the material fact that dynamic test equipment had failed during the test pile...
Available Evidence Consultation Violated By Engineer B Ignoring On-Site Representatives
Engineer B formed and published adverse technical opinions about the adequacy of Engineer A's pile design without...
Completeness and Non-Selectivity Obligation Invoked via Code Requirement
The Code of Ethics provision requiring engineers to 'include all relevant and pertinent information in such report,...
Faithful Agent Obligation Invoked By Municipality Retaining Engineer B
Engineer B was retained by the municipality as a faithful agent to supervise test pile driving and produce a report...
Technical Facts Non-Adversarial Character Invoked in Pile Driving Report Case
The case discussion establishes that Engineer B's selective omission of material pile driving facts (equipment...
Methodological Consistency Violated By Engineer B Using Vibratory Hammer
Engineer B supervised a test pile driving program intended to evaluate whether original piles would gain sufficient...
Honesty Principle Violated By Engineer B Contradictory Explanations
Engineer B provided contradictory explanations for why pile driving records were not analyzed - first claiming it...
Objectivity Principle Violated by Engineer B Selective Data Use
Engineer B rendered technical conclusions about pile safety factors based on selectively presented data, omitting...
Available Evidence Consultation Obligation Before Adverse Technical Opinion
Professional principle requiring engineers who are forming adverse technical opinions about another engineer's work...
Scope-of-Work Limitation as Incomplete Ethical Defense
Professional principle establishing that a contractual scope-of-work limitation does not constitute a complete...
Methodological Consistency Obligation in Comparative Testing
Professional principle requiring engineers who design or supervise comparative testing programs - intended to...
Adversarial Objectivity Violated By Engineer B Omitting Wave Equation Results
Engineer B, retained by the municipality in an adversarial litigation context, omitted from the concluding report...
Objectivity Principle Violated By Engineer B Selective Reporting
Engineer B rendered a technical opinion that 19 piles did not meet safety factor requirements based on skin friction...
Scope-of-Work Defense Invoked By Engineer B to Justify Ignoring Pile Driving Records
Engineer B initially claimed that pile driving records were not reviewed because it 'was not in our scope of work,'...
Prohibition on Reputation Injury Implicated By Engineer B Report Against Engineer A
Engineer B's report, by selectively omitting wave equation results and driving record analysis that would have...
Incomplete Situational Knowledge Restraint Violated By Engineer B Adverse Conclusions Without Full Record Review
Engineer B rendered specific adverse conclusions about the adequacy of 19 piles without reviewing the pile driving...
Professional Accountability Invoked For Engineer B Report Deficiencies
Engineer B, as the licensed professional responsible for the test pile driving supervision and concluding report,...
Omission Materiality Threshold Crossed By Engineer B Wave Equation Omission
Engineer B's omission of the wave equation analysis - which would have shown the 19 disputed piles had strength...
Technical Facts Non-Adversarial Character Principle
Fundamental professional principle establishing that engineering and technical facts do not acquire an adversarial...
Client Disservice Through Incomplete Reporting Prohibition
Professional principle establishing that an engineer's omission of material technical findings from a professional...
Adversarial Context Non-Exemption from Professional Standards
Professional principle establishing that the adversarial nature of a legal, quasi-legal, or dispute-resolution...
Adversarial Engagement Objectivity Obligation Invoked Against Engineer B
Engineer B, retained by the municipality in an adversarial dispute with Engineer A, produced a report that...
Available Evidence Consultation Obligation Violated by Engineer B
Engineer B failed to communicate with Engineer A's on-site representative, and failed to inquire from the...
Scope-of-Work Limitation as Incomplete Ethical Defense Invoked for Engineer B Report
Even if Engineer B's contractual scope of work defined the boundaries of his investigation, it did not authorize the...
Methodological Consistency Obligation Implicated in Pile Driving Test Program
The test pile driving program was designed to evaluate Engineer A's original pile driving work; material departures...
28 entities
Obligations O
w=0.15 384D
Engineer B Fact-Gathering Diligence Failure On-Site Representative
Engineer B was obligated to communicate with Engineer A's on-site representative and to inquire from the contractor,...
Engineer B Objective Complete Report Equipment Failure Omission
Engineer B was obligated to disclose in the concluding report that dynamic test equipment had failed during the test...
Engineer B Comparative Testing Methodological Fidelity Vibratory Hammer
Engineer B was obligated to use the same type of driving hammer and penetration depth requirements in the test pile...
Engineer B Scope-of-Work Non-Excuse Pile Driving Records
Engineer B was obligated to refrain from invoking the contractual scope-of-work limitation as justification for not...
Engineer B Contradictory Explanation Non-Issuance Scope vs Disbelief
Engineer B was obligated to provide a consistent, non-contradictory explanation for the decision not to review pile...
Engineer A Deposition Factual Completeness Geotechnical Report Testimony
Engineer A was obligated to testify completely and accurately about the geotechnical firm's report and the basis for...
Engineer B Scope-of-Work Non-Excuse Material Evidence Omission Pile Records
Engineer B was obligated to refrain from invoking a contractual scope-of-work limitation as justification for...
Engineer B Incomplete Knowledge Restraint Adverse Conclusions Without Full Record Review
Engineer B was obligated to refrain from rendering specific adverse conclusions about the adequacy of Engineer A's...
Engineer B Objective Complete Report Wave Equation Omission
Engineer B was obligated to include in the concluding report the material finding that the 19 disputed piles had...
Engineer B Intentional Information Disregard Pile Driving Records
Engineer B was obligated to refrain from intentionally disregarding the pile driving records when forming adverse...
Engineer B Available Evidence Consultation On-Site Representatives
Engineer B was obligated to consult Engineer A's on-site representatives, contractors, and workers before issuing...
Engineer A Geotechnical Consultant Independent Observer Testimony Completeness
Engineer A's independent geotechnical consultant was obligated to provide complete and objective testimony about all...
Engineer B Adversarial Context Report Completeness Non-Selectivity Violation
Engineer B was obligated to produce a complete, non-selective report including all material technical findings -...
Engineer B Adversarial Circumstance Non-Justification Selective Data Use
Engineer B was obligated to apply the same completeness and objectivity standards to the test pile driving report...
Engineer B Available Evidence Consultation Pile Driving Records Failure
Engineer B was obligated to consult all reasonably available evidence - including pile driving records, on-site...
Fact-Gathering Diligence Obligation
Duty of a licensed professional engineer retained to supervise a testing or evaluation program - particularly one...
Client Disservice Through Selective Reporting Non-Commission Obligation
Duty of a licensed professional engineer retained by a client in an adversarial or litigation context to refrain...
Available Evidence Consultation Before Adverse Technical Opinion Obligation
Duty of a licensed professional engineer who is forming adverse technical opinions about another engineer's work -...
Comparative Testing Methodological Fidelity Obligation
Duty of a licensed professional engineer who designs or supervises a comparative testing program - intended to...
Scope-of-Work Non-Excuse for Material Evidence Omission Obligation
Duty of a licensed professional engineer to refrain from invoking a contractual scope-of-work limitation as...
Adversarial Context Report Completeness and Non-Selectivity Obligation
Duty of a licensed professional engineer retained in an adversarial legal or quasi-legal proceeding to produce...
Contradictory Professional Explanation Non-Issuance Obligation
Duty of a licensed professional engineer to refrain from issuing contradictory explanations for professional...
Engineer B Adversarial Context Report Completeness Litigation
Engineer B was obligated, as an engineer retained by the municipality in an adversarial litigation context, to...
Engineer B Faithful Agent Municipality Report Completeness
Engineer B was obligated to act as a faithful agent to the municipality by providing a complete and accurate...
Engineer B Artfully Misleading Scope-of-Work Explanation
Engineer B was obligated to refrain from making artfully misleading statements about the basis for omitting pile...
Engineer B Fact-Grounded Technical Opinion Pile Adequacy Conclusions
Engineer B was obligated to base the adverse technical opinion about the 19 piles on all established facts and...
Peer Technical Review Opportunity Preservation Obligation
Duty of a licensed professional engineer producing a technical report - particularly in an adversarial or litigation...
Adversarial Circumstance Non-Justification for Selective Reporting Obligation
Duty of a licensed professional engineer to recognize and act upon the principle that the adversarial nature of a...
Engineer B Objective and Complete Reporting Wave Equation Omission
Engineer B was obligated to include all relevant and pertinent information in the concluding report - including wave...
Engineer B Client Disservice Through Selective Reporting Municipality
Engineer B was obligated to refrain from producing a report that selectively omitted material technical findings in...
Engineer B Peer Technical Review Opportunity Foreclosure Report Language
Engineer B was obligated to ensure that the concluding report's language did not foreclose the opportunity for...
Engineer B Contradictory Professional Explanation Scope vs Disbelief
Engineer B was obligated to refrain from issuing contradictory explanations for the omission of pile driving records...
Engineer B Faithful Agent Obligation Violated by Selective Reporting
Engineer B was obligated to act as a faithful agent to the municipality by producing a complete and objective report...
Engineer B Fact-Grounded Technical Opinion Obligation Violated
Engineer B was obligated to express technical opinions about pile adequacy only when those opinions were founded...
34 entities
States S
w=0.1 384D
Adversarial Expert Engagement Without Peer Coordination State
State in which a professional engineer has been retained by one party in an adversarial proceeding to evaluate the...
Engineer B Report Selective Omission of Pile Driving Records and Equipment Failure
Engineer B's concluding report on pile adequacy
Engineer B Failure to Consult Available On-Site Representatives
Engineer B's investigative process for the pile adequacy report
Municipality vs Engineer A Adversarial Proceeding Fact Polarization
The adversarial legal/quasi-legal proceeding between the municipality and Engineer A over settlement cost sharing
Mediation Proceeding Transparency Obligations
Engineer A and Engineer B's obligations during mediation testimony
Test Pile Program Compromised Conditions
The test pile driving program supervised by Engineer B
Engineer B Contradictory Explanations for Ignoring Pile Driving Records
Engineer B's post-report explanations for not consulting pile driving records
Engineer B Adversarial Engagement Without Coordination with Engineer A
Engineer B's role as municipality-retained expert evaluating Engineer A's pile design
Engineer A Geotechnical Consultant Contradicting Engineer B's Test Findings
Engineer A's independent geotechnical consultant's testimony versus Engineer B's report conclusions
Engineer B Selective Information Omission in Pile Driving Report
Engineer B's pile driving test report submitted to municipality
Engineer B Client-Aligned Advocacy Displacing Objective Reporting
Engineer B's professional posture in preparing and submitting the pile driving test report
Engineer B Adversarial Expert Engagement Without Peer Coordination
Engineer B's evaluation of Engineer A's pile work conducted without coordination with Engineer A or Engineer A's...
Engineer B Available Witness Non-Consultation - Contractor and Workers
Engineer B's failure to consult contractor, workers, or others present at the pile driving test site
Engineer B Compromised Test Condition Replication - Equipment Failure
Engineer B's pile driving test program in which dynamic test equipment failed during testing
Contradictory Scope Justification State
State in which a professional engineer offers mutually inconsistent explanations for a methodological omission in a...
Available Witness Non-Consultation State
State in which a professional engineer preparing a technical report or evaluation has failed to consult available...
Compromised Test Condition Replication State
State in which a professional engineer has conducted comparative or confirmatory testing under conditions that...
Client-Aligned Advocacy Displacing Objective Reporting State
State in which a professional engineer retained as a technical expert has abandoned the role of objective...
Adversarial Proceeding Fact Polarization State
State in which an adversarial legal or quasi-legal proceeding between two parties has created a context in which...
19 entities
Resources Rs
w=0.1 384D
NSPE-Code-of-Ethics-Engineer-B-Report
Primary normative authority governing Engineer B's obligations to produce a complete, accurate, and non-misleading...
Conflicting-Expert-Report-Standard-Pile-Case
Governs the ethical obligations of Engineer B as a subsequent expert whose report contradicted Engineer A's design...
Engineer-Notification-Right-Pile-Case
Governs Engineer B's failure to contact Engineer A or Engineer A's on-site representatives at any point during the...
Pile-Driving-Records-Dock-Project
Primary technical documentation recording blow counts and driving resistance for each of the 90 piles; central to...
NSPE Code of Ethics - Complete Reporting Obligation
Cited as the governing ethical authority requiring engineers to include all relevant and pertinent information in...
Conflicting Expert Report Standard - Adversarial Pile Driving Dispute
Applied to the situation where Engineer B was retained by the municipality to test and effectively challenge...
Wave Equation Pile Analysis Methodology
A structured technical methodology for analyzing pile driving resistance and load-bearing capacity using wave...
Geotechnical-Firm-Report-Pile-Setup
Technical reference establishing the design basis that piles would gain sufficient additional strength within 30...
Wave Equation Pile Analysis Methodology - Factor of Safety Evaluation
Referenced as the technical basis for Engineer A's original conclusions and Engineer B's subsequent test program;...
Engineer-B-Concluding-Report-Pile-Test
The specific expert report at the center of the ethical dispute - found to be materially incomplete by omitting wave...
Professional-Report-Integrity-Standard-Pile-Case
Governs Engineer B's obligation to include all material findings in the expert report, including the failure of...
Wave-Equation-Pile-Analysis-Methodology-Instance
Accepted technical methodology that, when applied to the pile driving records, would have shown the 19 disputed...
Professional Report Integrity Standard - Pile Driving Test Report
Applied to evaluate Engineer B's failure to include material facts in the pile driving test report - specifically...
13 entities
Actions A
w=0.1 384D
Engineer A Retains Independent Observer
90-Pile Foundation Design
Mediation Settlement Agreement
Municipality Retains Engineer B
Vibratory Hammer Substitution Decision
Pre-Count Hammer Drop Decision
Inconsistent Pile Depth Decision
Decision to Exclude Stakeholder Consultation
Selective Omission in Report
Contradictory Post-Report Explanations
10 entities
Events E
w=0.08 384D
Geotechnical Report Strength-Gain Anticipation
Dynamic Test Equipment Failure
Piles Driven to Refusal
Mediation Settlement Reached
Expert Testimony on Pile Failures
Contractor Lawsuit Filed
30-Day Strength Gain Confirmed
7 entities
Capabilities Ca
w=0.07 384D
Engineer B Wave Equation Analysis Omission
Engineer B failed to apply or disclose wave equation analysis to the pile driving records, omitting from the...
Engineer B Faithful Agent Municipality Report Completeness
Engineer B failed to execute the faithful agent role to the municipality by providing an incomplete and selectively...
Engineer A Deposition Factual Completeness
Engineer A exercised the capability to testify completely and accurately about the geotechnical firm's report and...
Engineer A Geotechnical Consultant Independent Observer Completeness
Engineer A's independent geotechnical consultant demonstrated the capability to provide complete and objective...
Engineer B Peer Technical Review Opportunity Preservation Failure
Engineer B failed to exercise the capability to ensure that report language preserved the opportunity for...
Engineer B Incomplete Knowledge Restraint Adverse Conclusions Failure
Engineer B failed to restrain from rendering specific adverse conclusions about the adequacy of Engineer A's 19...
Engineer B Scope-of-Work Non-Excuse Material Omission Recognition Failure
Engineer B failed to recognize that the contractual scope-of-work limitation did not constitute a valid professional...
Engineer A Geotechnical Consultant Independent Observation Completeness
Engineer A's independent geotechnical consultant demonstrated the capability to provide complete and objective...
Engineer B Comparative Testing Methodological Fidelity Failure
Engineer B failed to exercise the capability to replicate original pile driving conditions in the test program,...
Engineer B Pile Foundation Adequacy Evaluation
Engineer B possessed but incompletely applied pile foundation adequacy evaluation competence, applying only skin...
Engineer B Facts Versus Adversarial Interests Distinction Failure
Engineer B failed to maintain the distinction between technical facts (which are not adversarial) and adversarial...
Engineer B Dynamic Pile Test Equipment Failure Disclosure Failure
Engineer B failed to disclose in the concluding report that dynamic test equipment had failed during the test pile...
Engineer B Precedent-Based Report Completeness Standard Application Failure
Engineer B failed to apply the professional standard for completeness and integrity in preparing engineering...
Dynamic Pile Test Equipment Failure Disclosure Capability
Capability of a licensed professional engineer supervising dynamic pile testing to recognize that equipment failure...
Engineer B Scope-of-Work Non-Excuse Recognition Failure
Engineer B failed to recognize that the contractual scope-of-work limitation did not excuse the omission of pile...
Engineer B Dynamic Equipment Failure Non-Disclosure
Engineer B failed to disclose in the concluding report that dynamic test equipment had failed during the test pile...
Engineer B Adversarial Context Non-Justification Recognition Failure
Engineer B lacked or failed to exercise the capability to recognize that the adversarial litigation context did not...
Engineer B Client Disservice Through Selective Reporting Failure
Engineer B failed to recognize that producing a selective report omitting pile driving records and equipment failure...
Engineer B Wave Equation Analysis Application Failure
Engineer B failed to apply wave equation analysis to the available pile driving records, which would have yielded...
Engineer B Litigation Context Intentional Evidence Disregard
Engineer B failed to recognize that intentionally disregarding pile driving records - on the basis that they...
Adverse Technical Opinion Evidence Consultation Capability
Capability of a licensed professional engineer forming adverse technical opinions about another engineer's work to...
Comparative Testing Methodological Fidelity Capability
Capability of a licensed professional engineer who designs or supervises a comparative testing program - intended to...
Scope-of-Work Non-Excuse Material Omission Recognition Capability
Capability of a licensed professional engineer to recognize that a contractual scope-of-work limitation does not...
Contradictory Professional Explanation Non-Issuance Capability
Capability of a licensed professional engineer to maintain consistency in professional explanations for decisions...
Wave Equation Analysis Application Capability
Technical capability of a licensed professional engineer to apply accepted wave equation calculation methods to pile...
Pile Foundation Adequacy Evaluation Competence
Technical competence to evaluate the load-carrying adequacy of driven pile foundations using multiple analytical...
Litigation Context Intentional Evidence Disregard Recognition Capability
Capability of a licensed professional engineer to recognize that intentionally disregarding available evidence -...
Deposition Factual Completeness Capability
Capability of a licensed professional engineer providing deposition testimony to testify completely and accurately...
Independent Geotechnical Observation Completeness Capability
Capability of an independent geotechnical engineer retained to observe a test program to provide complete and...
Engineer B Adverse Evidence Consultation Failure
Engineer B lacked or failed to exercise the capability to consult available evidence sources - including Engineer...
Engineer B Contradictory Explanation Issuance
Engineer B failed to maintain consistency in professional explanations, first claiming pile driving records were...
Engineer B Adversarial Report Completeness and Non-Selectivity
Engineer B failed to exercise the capability to recognize that selective omission of material findings - including...
Engineer B Artfully Misleading Scope Explanation Recognition
Engineer B failed to recognize that the sequential use of contradictory explanations - first scope limitation, then...
Engineer B Precedent-Based Report Completeness Standard
Engineer B failed to apply the BER precedent-based standard for report completeness - established in BER Cases 95-5...
Adversarial Context Non-Justification Recognition Capability
Capability of a licensed professional engineer to recognize that the adversarial nature of a legal, quasi-legal, or...
Client Disservice Through Selective Technical Reporting Recognition Capability
Capability of a licensed professional engineer retained by a client in an adversarial or litigation context to...
Peer Technical Review Opportunity Preservation in Report Language Capability
Capability of a licensed professional engineer producing a technical report - particularly in an adversarial or...
Facts-Versus-Adversarial-Interests Distinction Capability
Capability of a licensed professional engineer to recognize and maintain the conceptual distinction between...
Engineer B Selective Information Omission Recognition Failure
Engineer B failed to recognize that omitting material information - including that 19 piles were driven to essential...
Engineer B Adverse Technical Opinion Evidence Consultation Failure
Engineer B failed to consult all reasonably available sources of evidence - including Engineer A's on-site...
Engineer B Contradictory Professional Explanation Non-Issuance Failure
Engineer B failed to maintain consistency in professional explanations for the omission of pile driving records,...
Engineer B Pile Foundation Adequacy Evaluation Competence Failure
Engineer B failed to apply the full range of analytical methods - including wave equation analysis and pile driving...
42 entities
Constraints Cs
w=0.08 384D
Engineer B Adversarial Expert Report Material Finding Disclosure Wave Equation Equipment Failure
Engineer B, as an expert retained by the municipality in an adversarial proceeding, was required to include all...
Engineer B Expert Report Peer Review Opportunity Foreclosure Language
Engineer B was constrained to draft the concluding pile driving test report using language that preserved the...
Engineer B Scope-of-Work Non-Exculpation Material Evidence Omission Pile Records Constraint Instance
Engineer B was prohibited from invoking the contractual scope-of-work limitation as justification for omitting the...
Adverse Opinion Available Evidence Consultation Constraint
Ethical and professional constraint prohibiting a licensed professional engineer from issuing adverse technical...
Engineer B Intentional Information Disregard Constraint - Pile Driving Records Wave Equation
Engineer B was prohibited from intentionally disregarding the pile driving records when forming adverse conclusions...
Engineer B Intentional Information Disregard Pile Driving Records Constraint Instance
Engineer B was prohibited from intentionally disregarding or selectively omitting the pile driving records when...
Engineer B Retained Expert Impugning Engineer A Prohibition Instance
Engineer B was prohibited from producing a technical report that served no evident engineering purpose except to...
Engineer B Adversarial Client Disservice Through Selective Reporting Municipality
Engineer B was constrained to produce a complete and accurate technical report that genuinely served the...
Engineer B Incomplete Circumstantial Knowledge Adverse Pile Conclusions Without Full Record Review
Engineer B was prohibited from rendering specific adverse conclusions about the adequacy of Engineer A's 19 piles...
Engineer B Contradictory Professional Justification Scope vs Disbelief Constraint Instance
Engineer B was prohibited from offering mutually inconsistent explanations for the omission of pile driving records...
Engineer B Fact-Gathering Diligence Failure Contractor Workers On-Site Representatives
Engineer B was constrained to exercise diligent fact-gathering - including communicating with Engineer A's on-site...
Engineer B Incomplete Risk Disclosure Constraint - Equipment Failure Non-Disclosure
Engineer B was prohibited from omitting from the expert report the material fact that dynamic test equipment had...
Engineer B Fact-Grounded Opinion Constraint - Pile Adequacy Adverse Conclusions
Engineer B was required to base the adverse technical opinion about the adequacy of the 19 piles on all established...
Engineer B Contradictory Professional Justification Constraint - Scope vs. Disbelief
Engineer B was prohibited from offering mutually inconsistent explanations for the decision not to review pile...
Engineer B Comparative Test Condition Replication Constraint - Vibratory Hammer and Penetration Depth
Engineer B was required to replicate the material driving conditions of the original pile installation - including...
Engineer B Incumbent Engineer Knowledge Constraint - Failure to Notify Engineer A
Engineer B was required to ensure that Engineer A was aware of the review of Engineer A's pile design work before...
Engineer B Scope-of-Work Non-Exculpation Constraint - Pile Driving Records Omission
Engineer B was prohibited from invoking the contractual scope-of-work limitation as justification for omitting the...
Engineer B Available Evidence Consultation Constraint - On-Site Representatives and Contractors
Engineer B was prohibited from issuing adverse conclusions about the adequacy of the 19 piles without first...
Engineer B Fact-Grounded Technical Opinion Pile Adequacy Without Full Evidence Base
Engineer B was constrained to base adverse technical opinions about the adequacy of the 19 piles on all established...
Comparative Test Condition Replication Constraint
Ethical and professional constraint requiring that a licensed professional engineer who designs or supervises a...
Scope-of-Work Non-Exculpation for Material Evidence Omission Constraint
Ethical and professional constraint prohibiting a licensed professional engineer from invoking a contractual...
Contradictory Professional Justification Non-Issuance Constraint
Ethical and professional constraint prohibiting a licensed professional engineer from offering mutually inconsistent...
Adversarial Expert Report Material Finding Disclosure Constraint
Ethical and professional constraint requiring that a licensed professional engineer retained as an expert in an...
Adversarial Context Client Disservice Through Selective Reporting Constraint
Ethical and professional constraint prohibiting a licensed professional engineer retained by a client in an...
Adversarial Circumstance Non-Justification for Selective Data Use Constraint
Ethical and professional constraint establishing that the adversarial nature of a legal, quasi-legal, or...
Expert Report Peer Review Opportunity Preservation Constraint
Ethical and professional constraint prohibiting a licensed professional engineer from drafting or submitting an...
Retained Expert Impugning Opposing Engineer Prohibition Constraint
Ethical and professional constraint prohibiting a licensed professional engineer retained by one party in an...
Fact-Gathering Diligence Before Adverse Technical Conclusion Constraint
Ethical and professional constraint requiring that a licensed professional engineer who is tasked with evaluating...
Engineer B Written Report Completeness Wave Equation and Equipment Failure Omission
Engineer B was constrained to include all relevant and pertinent information in the pile driving test report -...
Engineer B Adversarial Circumstance Non-Justification Selective Data Use Instance
Engineer B was constrained to apply the same completeness and objectivity standards to the pile driving test report...
Engineer B Written Report Completeness Constraint - Wave Equation Results and Equipment Failure
Engineer B was required to include in the concluding expert report all material findings - specifically: (1) that...
Engineer B Adversarial Expert Report Material Finding Disclosure Constraint - Litigation Context
Engineer B, as an expert retained by the municipality in an adversarial mediation proceeding against Engineer A, was...
Engineer A Deposition Factual Completeness Constraint - Geotechnical Report Pile Setup Testimony
Engineer A was required to testify completely and accurately about the geotechnical firm's report and the basis for...
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