Incomplete Plans and Specifications – Engineer, Government, and Contractor Responsibilities
Case 85
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It was not ethical for Engineer A to submit drawings and specifications for review and approval that he knew were incomplete. It was not ethical for Engineer B to approve a set of incomplete drawings on behalf of the Federal government for competitive bidding. It was not ethical for Engineer C, owner of the Hi-Lo Construction firm, to submit a bid on a construction contract that he later characterized as “unbuildable” without major changes.
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The Board has considered cases involving similar situations in the past. In BER Case No. 82-5, where an engineer employed by a large defense industry firm documented and reported to his employer excessive costs and time delays by sub-contractors, the Board ruled that the engineer did not have an ethical obligation to continue his efforts to secure a change in the policy after his employer rejected his reports or to report his concerns to proper authority, but has an ethical right to do so as a matter of personal conscience. The Board noted that the case did not involve a danger to the public health or safety, but related to a claim of unsatisfactory plans and the unjustified expenditure of public funds. The Board indicated that it could dismiss the case on the narrow ground that the NSPE Code does not apply to a claim not involving public health and safety, but that was too narrow a reading of the ethical duties of engineers engaged in such activities. The Board also stated that if an engineer feels strongly that an employer's course of conduct is improper when related to public concerns, and if the engineer feels compelled to blow the whistle to expose facts as he sees them, he may well have to pay the price of loss of employment. In this type of situation, the Board felt that the ethical duty or right of the engineer becomes a matter of personal conscience, but the Board was unwilling to make a blanket statement that there is an ethical duty in these kinds of situations for the engineer to continue the campaign within the company and make the issue one for public discussion.
As in Case No. 82-5, the issue does not allege a danger to public health or safety, but is premised upon a claim of unsatisfactory plans and the unjustified expenditure of public funds. In Case No. 82-5, the Board found that, while the Code did not require disclosure, the engineer did have an ethical right to pursue the matter further, even to the point of public disclosure. Unlike Case No. 8...
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Engineer A responds to an RFP from a small local public agency to build a new dam to be financed in part by a federal grant. Engineer A’s firm’s impressive brochure and personal interview results in the award of a contract for the design, drawings, and specifications.The signed and sealed drawings and specifications are ultimately approved by Engineer B of the engineering staff of the federal agency funding the project, and the project is thereafter duly advertised for bids and a contract is awarded to the low bidder, Hi-Lo Construction. The local public agency does not have the in-house technical resources to review the drawings and specifications.At the pre-construction conference, it is pointed out by Engineer C, owner of Hi-Lo Construction, that much of the design detail is lacking in the drawings and specifications and that Hi-Lo Construction declares that certain parts of the project are “unbuildable” without major changes. Engineer A generally agrees with Hi-Lo’s characterization, but in his defense responds that he felt pressured to deliver the drawings and specifications on a specified date, but did not inform anyone as to their incompleteness. While much of the information was missing from the drawings and specifications, Engineer A was confident that sufficient federal funds (and not local funding) would cover any potential increased costs.
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Was it ethical for Engineer A to submit final drawings and specifications for review and approval that he knew were incomplete? Was it ethical for Engineer B to approve a set of incomplete drawings on behalf of the Federal government for competitive bidding? Was it ethical for Engineer C, owner of the Hi-Lo Construction firm, to submit a bid on a construction contract that he later characterized as “unbuildable” without major changes?
Similar Cases
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Find Similar CasesD-tuple Component Breakdown
144
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Local Public Agency Client
A small local government or public agency that commissions professional engineering services for a publicly funded...
Dam Design Engineer
A licensed professional engineering role in which the practitioner is retained to produce design drawings and...
Federal Agency Approving Engineer
A licensed professional engineering role within a federal funding agency in which the practitioner reviews,...
Engineer B Federal Approving Engineer
Reviewed and approved the signed and sealed drawings and specifications as a member of the federal agency...
Federal Agency Funding Authority
Provided partial federal grant funding for the dam project and employed Engineer B to review and approve the design...
Defense Industry Engineer
A professional engineering role in which the practitioner is employed by a large defense industry firm and bears...
Engineer C Engineer Contractor
Engineer C, as owner of Hi-Lo Construction and a licensed engineer, submitted the low bid on the dam project. The...
Defense Industry Engineer Whistleblower
In BER Case No. 82-5, an engineer employed by a large defense industry firm documented and reported excessive costs...
Engineer A Dam Design Engineer
Responded to RFP, was awarded the contract, and produced incomplete drawings and specifications for the dam project...
Engineer Contractor
A licensed professional engineering role in which the practitioner is also the owner or principal of a construction...
Constructor Client
A contractor or construction firm that is awarded a construction contract and acts as a technical participant at...
Engineer C Contractor
As owner of Hi-Lo Construction, the awarded low bidder, identified at the pre-construction conference that design...
12 entities
Principles
P
w=0.2
384D
Engineer A Transparency Deficient Submission
Engineer A failed to conduct the professional engagement transparently by submitting incomplete drawings and...
Engineer C Contractor Collegial Notification Observation
Engineer C, as a licensed engineer and contractor, identified and reported the material deficiencies in the drawings...
Engineer A Public Welfare Deficient Dam Design
Engineer A submitted incomplete and partially unbuildable dam drawings and specifications, creating risk to the...
Engineer A Deliverable Completeness Concealment
Engineer A knew the drawings and specifications were incomplete and that parts of the project were unbuildable, yet...
Engineer A Honesty Concealment of Deficiency
Engineer A concealed the known incompleteness of the drawings and specifications from the client, the federal...
Engineer B Federal Review Approval Competence
Engineer B reviewed and approved the signed and sealed drawings and specifications on behalf of the federal funding...
Engineer A Faithful Agent Duty Limits
Engineer A owed a duty of loyalty to the local public agency client as a faithful agent, but that duty did not...
Whistleblower Conscience Principle
Professional principle recognizing that when an engineer identifies employer or organizational conduct that is...
Competence Recognition Principle
Professional principle requiring engineers to recognize the limits of their own competence and to take affirmative...
Public Funds Stewardship Principle
Professional principle establishing that engineers engaged on publicly funded projects bear a heightened...
Engineer A Deliverable Completeness Disclosure
Engineer A submitted incomplete design drawings and specifications for the dam project while asserting that the...
Engineer A Cost Allocation Bias
Engineer A rationalized submitting incomplete design documents by asserting that federal funds would be awarded to...
Engineer A Public Funds Misrepresentation
Engineer A's assertion that incomplete work was acceptable because federal funds would remedy the deficiency...
Engineer B Competence Recognition Approval
Engineer B approved Engineer A's incomplete dam design drawings without either possessing the competence to identify...
Defense Industry Engineer Whistleblower Conscience
The defense industry engineer who documented and reported excessive subcontractor costs and delays had an ethical...
Engineer A Professional Integrity Deceptive Acts
Engineer A engaged in deceptive conduct by submitting incomplete drawings while asserting that incompleteness was...
Engineer C Professional Competence Bid Evaluation
Engineer C, as both a licensed engineer and a contractor, was expected to apply professional engineering competence...
Deliverable Completeness Disclosure Principle
Professional integrity principle requiring engineers to disclose known deficiencies, omissions, or incompleteness in...
Engineer A Cost Allocation Rationalization
Engineer A rationalized submitting incomplete drawings and specifications in part because he believed federal grant...
Engineer A Professional Competence Dam Drawings
Engineer A produced drawings and specifications for a dam that were materially incomplete and contained elements...
Engineer C Bid Transparency Obligation
Engineer C, as a licensed engineer and contractor, submitted a low bid on the dam project without including bid...
Cost Allocation Bias Prohibition Principle
Professional integrity principle prohibiting engineers from allowing assumptions about which party will bear the...
Bid Transparency Principle
Professional principle requiring an engineer-contractor who identifies deficiencies, ambiguities, or inadequacies in...
23 entities
Obligations
O
w=0.15
384D
Engineer A Responsible Charge Seal
Engineer A was obligated to apply his professional seal only to drawings and specifications that were complete,...
Cost Allocation Neutrality Obligation
Duty of an engineer to make professional decisions, including decisions about the completeness and quality of...
Approving Engineer Verification Obligation
Duty of an engineer employed by a funding or regulatory agency to review and approve design documents to conduct a...
Contractor Deficiency Notification Obligation
Duty of a licensed engineer who is also a contractor, upon identifying material deficiencies or unbuildable elements...
Engineer A Deliverable Completeness Disclosure
Engineer A was obligated to disclose to the local public agency client, the federal approving engineer, and the...
Engineer A Cost Allocation Neutrality
Engineer A was obligated to make the decision to submit complete and adequate drawings and specifications without...
Engineer A Safety Obligation Dam Design
Engineer A was obligated to hold paramount the safety, health, and welfare of the public by ensuring that the dam...
Whistleblower Conscience Obligation
Duty of an engineer who identifies employer or organizational conduct that is improper in relation to public...
Competence Limit Escalation Obligation
Duty of an engineer who lacks sufficient competence to perform a required review or technical task to recognize that...
Engineer B Competence Limit Escalation
Engineer B was obligated, upon recognizing any inability to perform a competent review of Engineer A's dam design...
Deadline Pressure Resistance Obligation
Duty of an engineer to refrain from submitting incomplete, deficient, or unbuildable work products under seal merely...
Engineer A Competence Dam Drawings
Engineer A was obligated to produce drawings and specifications that were complete, technically adequate, and...
Engineer A Deadline Pressure Resistance
Engineer A was obligated to communicate to the local public agency that the specified delivery date was incompatible...
Engineer B Approving Engineer Verification
Engineer B was obligated to conduct a sufficiently thorough independent technical review of the submitted dam...
Engineer C Contractor Deficiency Notification
Engineer C, as a licensed engineer and contractor, was obligated to formally document and report the identified...
Deliverable Completeness Disclosure Obligation
Duty of an engineer to disclose to the client, approving authorities, and other relying parties any known material...
Complete Design Delivery Obligation
Duty of an engineer retained to produce a complete set of design drawings and specifications for a project to...
Bid Adequacy Reflection Obligation
Duty of an engineer-contractor who identifies deficiencies, incompleteness, or unbuildable elements in bidding...
Public Funds Misrepresentation Avoidance Obligation
Duty of an engineer engaged on a publicly funded project to refrain from representations to the client, funding...
Defense Industry Engineer Whistleblower Conscience
The engineer had an ethical right but not a mandatory ethical duty to continue reporting excessive subcontractor...
Engineer A Complete Design Delivery
Engineer A was obligated to provide a complete and buildable set of design drawings and specifications for the dam...
Engineer A Public Funds Misrepresentation
Engineer A was obligated to refrain from representing to the client and federal funding agency that incomplete...
Engineer C Bid Adequacy Reflection
Engineer C was obligated, upon identifying deficiencies and unbuildable elements in the dam project bidding...
23 entities
States
S
w=0.1
384D
Incomplete Deliverable Submitted State
State in which a professional has delivered a work product that is known by the professional to be materially...
Client Funding Assumption State
State in which a professional proceeds with or rationalizes a decision to deliver an incomplete or potentially...
Engineer A Incomplete Drawings Submitted
Engineer A's signed and sealed drawings and specifications submitted for the dam project
Engineer A Undisclosed Deadline Pressure
Engineer A's internal awareness that deadline pressure caused the incompleteness of the deliverable
Engineer A Federal Funding Assumption
Engineer A's undisclosed assumption that federal funds would cover cost overruns arising from the incomplete design
Local Agency Technical Review Capacity
Local public agency's inability to independently review the drawings and specifications
Engineer A Public Safety Risk
Risk to public safety arising from proceeding toward construction of a dam on incomplete and unbuildable design documents
Unreviewed Incomplete Design State
State in which a reviewing engineer has approved or accepted a design submission that is materially incomplete,...
Unbuildable Contract Bid State
State in which a contractor-engineer bids on a contract knowing or having reasonable grounds to know that the...
Current Case No Safety Nexus
Engineer A's incomplete plan submission in the current case
Engineer A Incomplete Deliverable
Engineer A's submission of incomplete design drawings and specifications
Engineer A Deadline Pressure Undisclosed
Engineer A's time pressure as a stated cause of incomplete deliverable
Engineer B Competence Gap Review
Engineer B's capacity to review Engineer A's incomplete plans
Engineer C Unbuildable Contract Bid
Engineer C's bid on a project with known or apparent document deficiencies
Undisclosed Deadline Pressure State
State in which a professional has experienced time pressure that caused or contributed to the production of an...
Engineer A Deficient Work Product
The signed and sealed drawings and specifications submitted by Engineer A
Engineer B Unreviewed Incomplete Approval
Engineer B's approval of Engineer A's materially incomplete plans
No Public Safety Nexus State
State in which a professional's conduct involves potential ethical violations related to public funds,...
Engineer A Federal Funds Assumption
Engineer A's reliance on anticipated federal funding to justify incomplete deliverable
19 entities
Resources
Rs
w=0.1
384D
Engineering Design Deliverable Standard Resource
Professional norms and contractual expectations governing the completeness, accuracy, and adequacy of engineering...
Federal Grant Project Requirement Resource
Federal agency requirements and conditions attached to grant-funded public infrastructure projects, including review...
2 entities
Actions
A
w=0.1
384D
RFP Response Submission
Incomplete Work Submission
Non-Disclosure of Incompleteness
Incomplete Documents Approval
Low Bid Submission
Reactive Incompleteness Acknowledgment
6 entities
Events
E
w=0.08
384D
Federal Review Completion
Document Incompleteness Occurrence
Bid Advertisement
Contract Award to Contractor
Pre-Construction Conference
Incompleteness Acknowledgment Event
Unbuildability Declaration
Design Contract Award
Federal Grant Involvement
9 entities
Capabilities
Ca
w=0.07
384D
Engineer A Deadline Pressure Resistance
Engineer A lacked the capability to resist deadline pressure and communicate schedule incompatibility to the client,...
Engineer A Cost Assumption Neutrality
Engineer A lacked the capability to set aside assumptions about federal cost coverage when making decisions about...
Engineer A Buildability Assessment
Engineer A possessed sufficient buildability assessment capability to recognize that the submitted drawings and...
Engineer B Buildability Assessment
Engineer B was required to possess buildability assessment capability sufficient to identify that the submitted dam...
Engineer C Buildability Assessment
Engineer C demonstrated buildability assessment capability by identifying at the pre-construction conference that...
Engineer A Incomplete Deliverable Disclosure
Engineer A lacked the capability to recognize and discharge the obligation to disclose the material incompleteness...
Engineer B Responsible Charge Verification
Engineer B was required to exercise responsible charge verification capability sufficient to identify material...
Engineer C Contractor Deficiency Notification
Engineer C demonstrated engineering design error recognition capability by identifying at the pre-construction...
Engineer A Norm Awareness Dam Design
Engineer A demonstrated insufficient norm awareness capability, failing to recognize that professional obligations...
Whistleblower Conscience Judgment Capability
Capability to recognize when employer or organizational conduct that is improper in relation to public concerns...
Competence Limit Recognition Capability
Capability to recognize the boundaries of one's own technical competence when assigned a professional task, to...
Defense Industry Engineer Whistleblower Conscience
The defense industry engineer demonstrated the capability to assess whether employer conduct involving excessive...
Engineer C Bid Document Adequacy
Engineer C, as a licensed engineer and contractor, possessed the technical background and experience to evaluate the...
Engineer B Approving Engineer Verification
Engineer B was required to conduct a sufficiently thorough independent technical review of Engineer A's submitted...
Incomplete Deliverable Disclosure Capability
Capability to recognize when a professional deliverable such as drawings or specifications is materially incomplete,...
Engineer A Responsible Charge Verification
Engineer A failed to exercise the responsible charge verification capability required before applying his...
Public Funds Misrepresentation Avoidance Capability
Capability to recognize when representations made to a client or funding authority about the completeness or...
Deadline Pressure Resistance Capability
Capability to recognize when externally imposed deadlines are incompatible with producing complete and...
Cost Assumption Neutrality Capability
Capability to recognize when assumptions about funding source allocation or cost responsibility are influencing...
Buildability Assessment Capability
Technical capability to evaluate engineering drawings and specifications for constructability, including the ability...
Bid Document Adequacy Assessment Capability
Technical capability of an engineer-contractor to critically evaluate bidding documents, including engineering...
Engineer B Competence Limit Recognition
Engineer B was required to recognize whether the review of Engineer A's dam design documents fell within Engineer...
Engineer A Public Funds Misrepresentation Avoidance
Engineer A was required to recognize that asserting incomplete work was acceptable because federal funds would be...
Engineer A Complete Design Delivery
Engineer A was required to produce drawings and specifications that were complete and buildable, and to assess...
24 entities
Constraints
Cs
w=0.08
384D
Engineer C Unbuildable Bid Notification
Engineer C, as a licensed engineer and contractor who identified material design deficiencies and unbuildable...
Engineer B Competence Review Limit
Engineer B was constrained from approving Engineer A's dam design documents without possessing adequate competence...
Incomplete Deliverable Disclosure Constraint
Ethical constraint requiring that an engineer who submits a work product known to be materially incomplete must...
Deadline Pressure Disclosure Constraint
Ethical constraint requiring that an engineer who experiences time pressure sufficient to cause or contribute to the...
Cost Assumption Neutrality Constraint
Ethical constraint prohibiting an engineer from rationalizing the submission of an incomplete or potentially...
Engineer A Responsible Charge Seal Dam
Engineer A was prohibited from applying his professional seal to drawings and specifications that were materially...
Engineer A Safety Dam Design
Engineer A was required to ensure that the dam drawings and specifications were complete and adequate to support...
Engineer B Approving Review Verification
Engineer B was required to conduct a sufficiently thorough independent technical review of the submitted dam...
Engineer A Competence Dam Drawings
Engineer A was constrained from submitting drawings and specifications that he lacked the capacity or time to...
Whistleblower Conscience Constraint
Ethical constraint establishing that when an engineer identifies employer or organizational conduct that is improper...
No Safety Nexus Disclosure Constraint
Constraint arising when an engineer's ethical violation involves unsatisfactory professional work or unjustified...
Bid Adequacy Reflection Constraint
Ethical and professional constraint requiring that an engineer-contractor who identifies deficiencies,...
Public Funds Misrepresentation Constraint
Ethical and legal constraint prohibiting an engineer from representing to a client or funding agency that incomplete...
Engineer A Federal Funds Misrepresentation
Engineer A was prohibited from representing to the local public agency and federal funding authority that incomplete...
Engineer A Deadline Pressure Submission
Engineer A was required to communicate to the client that the specified delivery date was incompatible with...
Engineer A Incomplete Submission Disclosure
Engineer A was required to disclose to the local public agency, the federal approving engineer, and bidding...
Engineer B Competence Escalation
Engineer B was required, upon recognizing any inability to perform a competent review of Engineer A's dam design...
Defense Engineer Whistleblower Conscience
The engineer was not ethically required to continue reporting excessive subcontractor costs and delays after the...
Engineer A Non-Safety Disclosure Limit
Because the incomplete plan submission did not allege a danger to public health or safety but involved...
Engineer A Non-Deception Submission
Engineer A was prohibited from engaging in deceptive acts in connection with the submission of incomplete drawings...
Engineer A Incomplete Deliverable Disclosure
Engineer A was prohibited from submitting signed and sealed drawings and specifications that he knew to be...
Engineer A Deadline Pressure Disclosure
Engineer A was required to communicate to the local public agency that the specified delivery date was incompatible...
Engineer A Complete Design Constraint
Engineer A was required to provide a complete set of design drawings and specifications for the dam project and was...
Engineer A Cost Assumption Rationalization
Engineer A was prohibited from rationalizing the submission of incomplete drawings and specifications on the basis...
Engineer A Federal Funds Rationalization
Engineer A was prohibited from using his undisclosed assumption that federal funds would cover cost overruns as a...
Engineer C Bid Adequacy Reflection
Engineer C was required, upon identifying deficiencies and unbuildable elements in the dam project bidding...
26 entities
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