Obligation-Conflict Resolution

Case 04-8 (2004) · Public Welfare—Client Action Following Engineers Services

Case Precedents
How this case resolved it

No resolved obligation competitions are committed for this case.

Open tensions recorded without a resolution: Engineer A Client Notification Duty vs Engineer A Compliance Advisory Duty Engineer A Client Notification Duty vs Engineer A Remediation Monitoring Duty Engineer A Compliance Advisory Duty vs Engineer A Remediation Monitoring Duty
What the board concluded
From the Board's conclusions in Case 04-8:
  • Engineer A should contact the client and inquire about the actions the client has taken and point out the action is a violation of the law and that steps need to be take to remedy the violation or obtain a variance from the proper authorities. In this connection, the engineer should advise that the remedial actions should be in full compliance with all applicable environmental laws and...
Case texts: National Society of Professional Engineers, Board of Ethical Review.

NOTE: The NSPE Board of Ethical Review considers ethical cases involving either real or hypothetical matters submitted to it from NSPE members, other engineers, public officials, and members of the public. The BER reviews each case in the context of the NSPE Code of Ethics and earlier BER opinions. The facts contained in each case do not necessarily represent all of the pertinent facts submitted to or reviewed by the BER and shall not be considered a direct evaluation of any real matter that may have been submitted.

Each opinion is intended as guidance to individual practicing engineers, students, and the public. In regard to the question of application of the NSPE Code of Ethics to engineering organizations (e.g., corporations, partnerships, sole proprietorships, government agencies, and university engineering departments), the specific business form or type should not negate nor detract from the conformance of individuals to the Code. The NSPE Code deals with professional services, which must be performed by real persons. Real persons in turn establish and implement policies within business structures.

This opinion is for educational purposes only and is not legal advice. It may be reprinted without further permission, provided that this statement is included before or after the text of the case and appropriate attribution is provided to the National Society of Professional Engineers' Board of Ethical Review.

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