Failure To Include Information In Engineering Report

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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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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 Expert Engineer
A licensed professional engineering role in which the practitioner is retained by one party in a legal or mediation...
Engineer B Litigation Expert
Retained by the municipality to supervise test pile driving and produce a findings report on whether the original 90...
Municipal Infrastructure Design Engineer
A licensed professional engineering role in which the practitioner is retained by a municipality to design...
Independent Geotechnical Observer
A professional engineering or geotechnical consulting role in which the practitioner is retained by one party to...
Engineer A Municipal Infrastructure Designer
Retained by the municipality to design a dock on a 90-pile foundation. Became a defendant in litigation over the...
Geotechnical Consultant Observer
Retained by Engineer A to observe the test pile driving supervised by Engineer B. Identified procedural...
Municipality Client
Commissioned Engineer A to design the dock and pile foundation. Later became a co-defendant in litigation with...
7 entities
Principles P
w=0.2 384D
Engineer B Complete Reporting Failure
Engineer B omitted from his report the fact that dynamic test equipment failed during the test and that all 19 piles...
Engineer B Investigative Diligence Failure
Engineer B failed to communicate with Engineer A's on-site representative and failed to inquire from the contractor,...
Engineer B Intellectual Honesty in Expert Report
Engineer B's report presented conclusions about pile inadequacy without acknowledging the existence of wave equation...
Engineer B Scope Limitation Non-Disclosure
Engineer B's report omitted disclosure that dynamic test equipment had failed during the test, that pile driving...
Investigative Completeness Principle
Professional principle requiring engineers retained to investigate or evaluate technical work to pursue all...
Scope Limitation Disclosure Principle
Professional principle requiring engineers to disclose in their reports and findings any material limitations on the...
Litigation Neutrality Principle
Professional principle requiring engineers retained as expert witnesses or technical investigators in litigation or...
Methodological Consistency Principle
Professional principle requiring engineers conducting tests or investigations to replicate, as closely as reasonably...
Engineer B Investigative Completeness Failure
Engineer B reached conclusions about the adequacy of 19 piles without consulting Engineer A's on-site...
Engineer B Objective Completeness Violation
Engineer B's report to the municipality omitted the wave equation analysis showing the 19 piles had driven to...
Engineer B Litigation Neutrality Violation
Engineer B, retained by the municipality in litigation against Engineer A, produced a report that relied exclusively...
Engineer B Methodological Consistency Failure
Engineer B supervised test pile driving that used a vibratory hammer not used in the original driving, did not...
Engineer B Objectivity Failure in Expert Role
Engineer B failed to maintain objectivity in the expert investigation by selectively applying analytical methods,...
Geotechnical Observer Proactive Risk Disclosure
Engineer A's geotechnical consultant identified procedural irregularities in the test pile driving, including...
Engineer B Faithful Agent Limits in Litigation
Engineer B's duty as the municipality's retained expert did not extend to omitting material technical evidence from...
Complete Reporting Principle
Professional principle requiring engineers to include all relevant and pertinent technical information in reports,...
Technical Objectivity Principle
Professional principle requiring engineers to base reports, findings, and testimony on objective technical analysis...
Client Service Integrity Principle
Professional principle holding that an engineer's duty to serve the client is fulfilled through honest, complete,...
Engineer B Technical Objectivity Violation
Engineer B structured his report language to foreclose any interpretation that the 90 piles met the safety factor...
Engineer B Client Service Disservice
By excluding pile driving records from his report, Engineer B forfeited the opportunity to present a reasoned basis...
Engineer B Litigation Neutrality Breach
Engineer B, retained by the municipality in an adversarial proceeding, shaped his findings report to support the...
Engineer B Methodological Disclosure Failure
Engineer B's report failed to disclose that dynamic test equipment failed during the pile driving test, a material...
22 entities
Obligations O
w=0.15 384D
Geotechnical Consultant Observer Irregularity Reporting
The geotechnical consultant retained by Engineer A was obligated to document and report all procedural...
Engineer B Faithful Agent Boundary
Engineer B was obligated to serve the municipality's legitimate interests while refusing to omit material technical...
Engineer B Expert Witness Neutrality
Engineer B was obligated to present findings objectively, apply analytical methods consistently, and not omit...
Expert Witness Neutrality Obligation
Duty of an engineer retained as an expert witness or technical investigator in litigation to present findings...
Engineer B Contradictory Evidence Disclosure
Engineer B was obligated to acknowledge in the report the wave equation analysis showing the 19 piles had driven to...
Methodological Consistency Obligation
Duty of an engineer conducting tests or investigations intended to replicate prior work to reproduce the original...
Engineer B Investigative Completeness
Engineer B was obligated to consult available witnesses, review pile driving records, and pursue all reasonable...
Engineer B Adversarial Data Selection
Engineer B was obligated to refrain from selectively using technical data to defend the municipality's position and...
Investigative Completeness Obligation
Duty of an engineer retained to investigate or evaluate technical work to pursue all reasonable lines of inquiry,...
Scope Limitation Disclosure Obligation
Duty of an engineer to disclose in any report or findings document any material limitations on the scope of the...
Contradictory Evidence Disclosure Obligation
Duty of an engineer preparing a technical report or expert opinion to acknowledge and address evidence or accepted...
Observer Irregularity Reporting Obligation
Duty of an engineer or geotechnical consultant retained to observe a test or investigation to document and report...
Faithful Agent Boundary Obligation
Duty of an engineer acting as agent or retained expert for a client to serve the client's legitimate interests while...
Engineer B Scope Limitation Disclosure
Engineer B was obligated to disclose in the report that dynamic test equipment had failed during the test, that pile...
Engineer B Methodological Consistency
Engineer B was obligated to replicate original pile driving conditions as closely as practicable in the test pile...
Complete Technical Reporting Obligation
Duty of an engineer preparing a technical report to include all relevant and pertinent technical information,...
Fact Gathering Diligence Obligation
Duty of an engineer conducting a technical investigation to make reasonable efforts to gather all available facts,...
Adversarial Data Selection Prohibition Obligation
Duty of an engineer in any professional setting to refrain from selectively using technical data to defend a...
Engineer B Complete Technical Reporting
Engineer B was obligated to include in his findings report all material technical facts, including the failure of...
Engineer B Fact Gathering Diligence
Engineer B was obligated to inquire of the contractor, on-site workers, and Engineer A's on-site representative to...
Engineer B Scope Limitation Non-Disclosure
Engineer B was obligated to disclose in his findings report that dynamic test equipment failed during the test pile...
Geotechnical Observer Irregularity Reporting
Engineer A's geotechnical consultant was obligated to document and report the procedural irregularities observed...
22 entities
States S
w=0.1 384D
Engineer B Selective Analysis Disclosure
Engineer B's report conclusions regarding the 19 piles
Incomplete Expert Report State
State in which a professional retained as an expert or reviewer has produced a report that omits material technical...
Scope Limitation Justification State
State in which a professional invokes a contractually defined scope of work as justification for failing to...
Failure to Consult Available Sources State
State in which a professional conducting a review or investigation declines to consult available witnesses, records,...
Disputed Driving Records State
State in which the accuracy or reliability of construction or installation records is contested between parties,...
Test Methodology Deficiency State
State in which the testing or investigative methodology used to generate data for a professional report contains...
Engineer B Incomplete Expert Report
Engineer B's concluding report on the 90 pile foundation
Engineer B Scope Limitation Justification
Engineer B's refusal to review pile driving records based on scope of work
Engineer B Failure to Consult Available Sources
Engineer B's investigation process for the pile foundation report
Engineer B Disputed Driving Records
Pile driving records for the 90-pile dock foundation
Engineer B Test Methodology Deficiency
Test pile driving program supervised by Engineer B
Dock Foundation Public Safety Risk
Structural adequacy of the 90-pile dock foundation
Engineer B Litigation Expert Relationship
Engineer B's retention by the municipality as expert
Engineer A Geotechnical Competence
Engineer A's awareness of potential pile adequacy concerns prior to and during litigation
Adversarial Engagement Context State
State in which a professional is retained to perform technical work within a dispute or litigation context where one...
Client Defense Bias State
State in which a professional has oriented their technical work product toward defending or advancing the client's...
Engineer B Adversarial Engagement
Engineer B's retention by the municipality to supervise the test pile driving program
Engineer B Failure to Consult Sources
Engineer B's investigative process during the pile driving test program
Engineer B Client Defense Bias
Engineer B's orientation in preparing the pile driving test report
19 entities
Resources Rs
w=0.1 384D
Expert Witness Report Resource
A formal written report prepared by a retained expert witness for use in litigation, mediation, or dispute...
Engineer B Pile Test Supervision Report
Submitted as technical evidence in the adversarial dispute between the municipality and Engineer A regarding pile...
Geotechnical Test Report Resource
A formal engineering report documenting the results of geotechnical field testing, such as pile load tests or...
Pile Driving Record Resource
A contemporaneous field record documenting blow counts, penetration depth, and driving resistance data collected...
Wave Equation Analysis Resource
A documented analytical method or calculation applying wave equation principles to pile driving data to estimate...
Geotechnical Investigation Report Resource
A formal report produced by a geotechnical engineering firm documenting subsurface investigation findings, soil...
Engineer B Pile Foundation Test Report
Engineer B's report was the primary technical artifact at issue in the dispute, concluding that 19 of 90 piles did...
Geotechnical Firm Original Design Report
The original geotechnical firm's report provided the design basis for expected pile set-up strength, predicting that...
Project Pile Driving Field Records
The pile driving records documented blow counts and penetration depths for all 90 piles. They were central to the...
Wave Equation Pile Capacity Calculations
Accepted wave equation calculations applied to the pile driving records indicated that the 19 disputed piles had...
Test Program Pile Driving Records
Excluded from Engineer B's report despite being primary technical evidence of driven-to-refusal status for the 19...
11 entities
Actions A
w=0.1 384D
Foundation Design Decision
Mediation Settlement Agreement
Expert Witness Retention
Test Pile Program Commissioning
Independent Observer Retention
Non-Representative Test Execution
Equipment Failure Non-Disclosure
Stakeholder Consultation Omission
Pile Record Exclusion
Deficient Report Issuance
Contradictory Post-Report Explanation
11 entities
Events E
w=0.08 384D
Expert Testimony Given
Construction Completion
Contractor Claim Filed
Pile Resistance Shortfall
Mediation Settlement Reached
Strength Gain Confirmed
Test Irregularities Observed
Report Issued
Contradictory Explanation Given
Ethics Violation Found
10 entities
Capabilities Ca
w=0.07 384D
Engineer B Investigative Inquiry
Engineer B lacked or failed to exercise the investigative inquiry capability required to consult available witnesses...
Engineer B Test Condition Replication
Engineer B failed to adequately exercise test condition replication capability, allowing the test pile program to...
Geotechnical Consultant Geotechnical Analysis
The geotechnical consultant demonstrated expert geotechnical analysis capability by applying wave equation analysis...
Geotechnical Consultant Procedural Irregularity Reporting
The geotechnical consultant retained by Engineer A demonstrated procedural irregularity reporting capability by...
Engineer B Geotechnical Analysis
Engineer B possessed geotechnical analysis capability sufficient to apply skin friction calculations but did not...
Engineer B Norm Awareness
Engineer B demonstrated insufficient norm awareness capability by failing to recognize that the duties of...
Scope Limitation Disclosure Capability
Ability to recognize when material limitations exist on the scope of an investigation and to communicate those...
Test Condition Replication Capability
Technical ability to reproduce the conditions of prior work when conducting comparative tests or investigations, and...
Investigative Inquiry Capability
Ability to identify and pursue all reasonable lines of inquiry in a technical investigation, including consulting...
Objective Reporting Capability
Ability to present technical findings in a balanced and impartial manner, applying analytical methods consistently...
Contradictory Evidence Recognition Capability
Ability to identify evidence or accepted analytical methods that contradict or qualify the primary conclusions of a...
Procedural Irregularity Reporting Capability
Ability to observe, document, and report procedural irregularities or equipment failures encountered during a test...
Client Boundary Judgment Capability
Ability to distinguish between serving a client's legitimate interests and complying with requests that would...
Geotechnical Analysis Capability
Technical competency in geotechnical engineering methods including pile capacity analysis, wave equation...
Norm Awareness Capability
Ability to recognize applicable professional ethical norms and standards in a given situation, including duties of...
Engineer B Scope Limitation Disclosure
Engineer B failed to exercise scope limitation disclosure capability by omitting from the report the equipment...
Engineer B Objective Reporting
Engineer B failed to exercise objective reporting capability by omitting wave equation analysis results and pile...
Engineer B Contradictory Evidence Recognition
Engineer B failed to exercise contradictory evidence recognition capability by not applying wave equation analysis...
Engineer B Client Boundary Judgment
Engineer B failed to exercise client boundary judgment capability by omitting material technical evidence from the...
Adversarial Pressure Resistance Capability
Ability to recognize when an adversarial or litigation context is creating pressure to present technical findings...
Technical Record Review Capability
Ability to identify, obtain, and systematically review available technical records such as pile driving logs, test...
Engineer B Adversarial Pressure Resistance
Engineer B lacked or failed to exercise the capability to resist adversarial pressure and instead selectively used...
Engineer B Technical Record Review
Engineer B failed to exercise the capability to obtain and review available pile driving records, which were...
23 entities
Constraints Cs
w=0.08 384D
Engineer B Wave Equation Omission
Engineer B was prohibited from issuing a concluding report that omitted the wave equation analysis showing the 19...
Engineer B Test Hammer Deviation
Engineer B was required to replicate original pile driving conditions in the test program, including hammer type and...
Engineer B Expert Objectivity
Engineer B was prohibited from presenting findings in a manner that selectively applied analytical methods and...
Client Advocacy Boundary Constraint
Prohibition on an engineer acting as a retained expert or agent crossing from legitimate advocacy of a client's...
Investigative Scope Constraint
Limitation on the breadth of an investigation arising from a contractually defined scope of work, which may restrict...
Contradictory Evidence Omission Constraint
Prohibition on preparing a technical report or expert opinion that omits known, material evidence or accepted...
Methodological Replication Constraint
Requirement that an engineer conducting tests intended to replicate prior work reproduce the original conditions as...
Expert Neutrality Constraint
Prohibition on an engineer retained as an expert witness or technical investigator orienting findings toward a...
Source Consultation Constraint
Requirement that an engineer conducting an investigation consult available witnesses, records, and other primary...
Equipment Failure Disclosure Constraint
Requirement that an engineer preparing a technical report disclose any equipment failures or malfunctions that...
Procedural Irregularity Reporting Constraint
Requirement that an engineer or observer retained to witness a test or investigation document and report all...
Engineer B Scope of Work Limitation
Engineer B's contractually defined scope of work was invoked to justify not reviewing pile driving records, but that...
Engineer B Equipment Failure Non-Disclosure
Engineer B was required to disclose in the test report that dynamic test equipment had failed during the test pile...
Engineer B Witness Non-Consultation
Engineer B was required to consult available witnesses, including Engineer A's on-site representatives, contractors,...
Engineer B Municipality Advocacy Boundary
Engineer B was prohibited from orienting the pile foundation report toward defending the municipality's litigation...
Geotechnical Consultant Irregularity Reporting
The geotechnical consultant retained by Engineer A to observe the test pile program was required to document and...
Complete Reporting Constraint
Requirement that an engineer preparing a technical report include all relevant and pertinent information,...
Selective Data Use Constraint
Prohibition on an engineer assuming a defensive or advocacy posture toward a client by selectively using technical...
Engineer B Complete Reporting
Engineer B was prohibited from preparing a findings report that omitted the material facts that dynamic test...
Engineer B Selective Data Defense
Engineer B was prohibited from crossing from legitimate service to the municipality into selective use of technical...
Engineer B Expert Neutrality
Engineer B was prohibited from orienting his technical findings toward the municipality's litigation position and...
Engineer B Methodological Replication
Engineer B was required to replicate original pile driving conditions as closely as practicable in the test pile...
Engineer B Fact Gathering Diligence
Engineer B was required to consult available witnesses, including the contractor, on-site workers, and Engineer A's...
Engineer B Equipment Failure Disclosure
Engineer B was required to disclose in the pile foundation test report that dynamic test equipment had failed during...
Engineer B Contradictory Wave Equation Disclosure
Engineer B was prohibited from omitting from the report the wave equation analysis showing that the 19 disputed...
Engineer B Procedural Irregularity Reporting
Engineer B, retained to supervise the test pile driving program, was required to document and report all procedural...
26 entities
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