How this case resolved it competition structure in OntServe
Engineer A Building Officials Advisory Duty
prevails over
Engineer A Client Defect Reporting Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Higher Ethical Threshold for Engineer A
Engineer A Corrective Action Escalation Duty
prevails over
Engineer A Client Defect Reporting Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Higher Ethical Threshold for Engineer A
Open tensions recorded without a resolution:
Engineer A Client Defect Reporting Duty vs Engineer A Public Safety Duty
What the board concluded
From the Board's conclusions in Case 17-3:
- Contrary to the advice of the State Board of Professional Engineers, Engineer A did not fulfill his ethical obligations under the NSPE Code of Ethics by only providing the report to the insurance company that retained him. Engineer A had a responsibility to take additional steps beyond merely submitting a written report to the insurance company, including contacting local building officials,...
Recorded violations:
Omission of Further Notification violates Engineer A Corrective Action Escalation Duty
How comparable cases resolved this and related tensions
Read at the type level, this resolution is: Reporting Obligation yields to Reporting 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) | |||
|
08-10
Public Welfare—Design of Medical Equipment
|
Internal Escalation Obligation | Reporting Obligation | Same tension, resolved the same way |
| Related tension: one duty type matches (8) | |||
|
23-4
Acknowledging Errors in Design
|
Objectivity Obligation | Professional Accountability Obligation | The yielding type here prevails there |
|
76-4
Public Welfare - Knowledge of Information...
|
Reporting Obligation | Faithful Agent Obligation | The yielding type here prevails there |
|
89-7
Duty To Report Safety Violations
|
Reporting Obligation | Faithful Agent Obligation | The yielding type here prevails there |
|
89-7
Duty To Report Safety Violations
|
Reporting Obligation | Confidentiality Obligation | The yielding type here prevails there |
|
90-5
Failure To Report Information Affecting...
|
Reporting Obligation | Confidentiality Obligation | The yielding type here prevails there |
|
96-8
Peer Review - Confidentiality Agreements
|
Reporting Obligation | Confidentiality Obligation | The yielding type here prevails there |
|
08-10
Public Welfare—Design of Medical Equipment
|
Faithful Agent Obligation | Reporting Obligation | The prevailing type here yields there |
|
85-4
Objectivity of Engineer Retained as Expert
|
Faithful Agent Obligation | Objectivity Obligation | The prevailing type here yields there |
Closest instance-level matches, ranked on the specific obligations and contexts of this case:
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
18-9
Public Health and Safety—Building Codes to...
|
Engineer A Public Safety Duty | Engineer A Client Persuasion Duty | Client Duty Versus Public Safety Conflict; Owner Cost Based Refusal |
|
08-10
Public Welfare—Design of Medical Equipment
|
Engineer A Internal Recourse Duty | Engineer A Conditional Reporting Duty | Internal Mechanisms Available MedTech |
|
96-8
Peer Review - Confidentiality Agreements
|
Engineer A Authority Cooperation Duty | Engineer A Confidentiality Duty | Confidentiality Versus Cooperation Dilemma |