It was unethical for Engineer A to proceed with work on the project knowing that the client would not agree to hire a full-time, on-site project representative.

The issue presented in this case goes to the heart of the Code of Ethics. A code of ethics is of course a statement of commitment from a particular profession to assist its members in the protection of the public health and safety. There is probably no better or more valuable purpose for a code of ethics. Engineers, like all other licensed professionals, recognize that the reason for regulation and licensure is the protection of the public health and safety. However, engineers have the desire and commitment to "go the extra mile," and voluntarily commit themselves to a higher standard of conduct. It is for that reason that the NSPE Code of Ethics was developed and continues to develop as a force in engineering ethics. This point is quite relevant to the discussion of this case. Under the facts, Engineer A made a professional judgment based upon education, expertise, and experience that a full-time, on-site project representative would be necessary during the construction phase of the project because of the dangerous nature of the project. This was presumably a determination which was made after a careful and thorough weighing of the costs of the full-time, on-site project representative versus the benefits of having such a representative. It may very well be that the state engineering registration board's rules of professional conduct may not specifically require Engineer A to make the determination that was made; however, it appears that the NSPE Code of Ethics does contain provisions which address this point. Section III.1.b. clearly requires the engineer to inform a client when the engineer believes that a project will not be successful. The term "successful" includes not merely the structural and economic success of a project but also the success of the project from a safety standpoint. It is clear from the facts that Engineer A did notify the client of the need to hire a full-time, on-site project representative for the construction phase of the project. Theref...

The client plans a project and hires Engineer A to furnish complete engineering services for the project. Because of the potentially dangerous nature of implementing the design during the construction phase, Engineer A recommends to the client that a full-time, on-site project representative be hired for the project. After reviewing the completed project plans and costs, the client indicates to Engineer A that the project would be too costly if such a representative were hired. Engineer A proceeds with his work on the project.

Was it ethical for Engineer A to proceed with his work on the project knowing that the client would not agree to hire a full-time project representative?