Incomplete Plans and Specifications – Engineer, Government, and Contractor Responsibilities

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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?
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D-tuple Component Breakdown

62

Total Entities

9/9

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Roles R
w=0.12 384D
Engineer A Design Engineer
Awarded the contract for the design, drawings, and specifications of the dam. Delivered incomplete drawings and...
Board of Ethical Review Adjudicator
Reviews the conduct of Engineer A, Engineer B, and Engineer C against the NSPE Code, distinguishes the present...
Local Public Agency Client
Issued the RFP for the new dam, awarded the design contract to Engineer A's firm and the construction contract to...
Engineer B Federal Reviewing Engineer
As a member of the engineering staff of the federal agency funding the project, approved Engineer A's signed and...
Engineer C Contractor Owner
As owner of Hi-Lo Construction, pointed out at the pre-construction conference that much of the design detail is...
Hi-Lo Construction Contractor
Awarded the construction contract as low bidder and declared at the pre-construction conference that certain parts...
Federal Agency Project Funder
Funds the dam project in part through a federal grant and, through its engineering staff member Engineer B, approves...
Engineer C Bidding Engineer
In his professional engineer capacity, Engineer C presumably had the opportunity to review the bidding documents and...
8 entities
Principles P
w=0.2 384D
Honesty in Federal Funds Assertion
The Board finds that Engineer A's comment justifying the incomplete work by an expectation that Federal funds would...
Transparency in Incomplete Dam Design
Engineer A delivered signed and sealed drawings and specifications that were missing much of the design detail and...
Schedule Pressure on Dam Design Delivery
Engineer A offered the pressure to deliver the drawings and specifications on a specified date as his defense for...
Design Completeness on Dam Project
The Board finds that Engineer A, having been engaged for the full design rather than a design/build or...
Competence in Federal Agency Review
The Board finds Engineer B's approval of the incomplete plans troubling and states that if Engineer B was not able...
5 entities
Obligations O
w=0.15 384D
Engineer B Competence Duty
Engineer B must perform the review of Engineer A's signed and sealed drawings and specifications only within his...
Engineer A Incompleteness Disclosure Duty
Engineer A must inform the local public agency client and the reviewing federal agency that the signed and sealed...
Engineer A Complete Design Delivery Duty
Engineer A must deliver complete drawings and specifications for the dam design under his contract with the local...
Engineer B Competence Referral Duty
If Engineer B was not able to perform the necessary reviews of Engineer A's work, Engineer B should have provided...
Engineer C Informed Bid Duty
If the engineering documents were incomplete or inadequate, Engineer C's bid should have reflected that fact and...
5 entities
States S
w=0.1 384D
Incomplete Dam Design Documents
Unbuildable Dam Project Parts
Engineer A Delivery Deadline Pressure
Concealed Incompleteness Of Deliverables
Agency Review Capacity Shortage
Federal Funding Coverage Assumption
Engineer A Incompleteness Awareness
Board Uncertainty On Approval Decision
No Confidentiality Conflict Present
Public Fund Expenditure Claim
Complete Design Delivery Requirement
Engineer C Bid Evaluation Competence
Engineer C Knowledge Of Inadequacies
Engineer B Possible Competence Gap
Engineer C Bid Document Access
15 entities
Resources Rs
w=0.1 384D
Public Agency RFP for Dam
RFP (topic: solicitation of design services for a new dam)
Dam Design Drawings and Specifications
signed and sealed drawings and specifications (topic: design of a new dam)
BER Case No. 82-5
BER Case No. 82-5 (topic: whistleblowing on unsatisfactory plans and unjustified expenditure of public funds,...
NSPE Code of Ethics
NSPE Code (topic: professional conduct duties of engineers, including avoidance of fraud and misrepresentation,...
Engineer A Firm Brochure
firm brochure (topic: qualifications of Engineer A's firm)
5 entities
Actions A
w=0.1 384D
Plan Approval
Contract Pursuit
Admission With Justification
Incomplete Design Delivery
Nondisclosure of Incompleteness
Low Bid Submission
Deficiency Disclosure
7 entities
Events E
w=0.08 384D
RFP Issuance
Design Contract Award
Bid Advertisement
Construction Contract Award
Pre-Construction Conference
Design Deficiency Revealed
6 entities
Capabilities Ca
w=0.07 384D
Engineer C Bid Document Evaluation
The Board finds that Engineer C had the necessary background and experience to carefully evaluate the engineering...
Engineer A Dam Design
Engineer A was awarded and performed the contract for the design, drawings, and specifications of the new dam,...
Engineer A Incompleteness Disclosure
Engineer A knew the drawings and specifications were incomplete when he delivered them and had the capacity to...
Engineer C Constructability Assessment
Engineer C exercised the competence to assess the adequacy of the delivered drawings and specifications, identifying...
Engineer B Design Review
Engineer B, as a member of the engineering staff of the federal agency funding the project, exercised review of...
Engineer A Design Expertise
The Board notes that Engineer A was selected for his expertise, which presumably included the ability to fully...
Engineer B Competence Self-Assessment
The Board's holding that failure to recognize a lack of competency and take appropriate action violates the Code...
7 entities
Constraints Cs
w=0.08 384D
Engineer A Incompleteness Concealment Prohibition
Engineer A must not deliver the signed and sealed drawings and specifications while withholding from the local...
Engineer A Incomplete Seal Prohibition
Engineer A must not sign and seal drawings and specifications that he knows are incomplete, lacking much of the...
Engineer A Federal Funds Misrepresentation
Engineer A must not excuse the incompleteness of the delivered drawings and specifications by asserting an...
Engineer B Competence Review Boundary
If Engineer B was not able to perform the necessary reviews of Engineer A's work, Engineer B must not proceed with...
4 entities
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