Engineer A should communicate with Engineer X to obtain clarification regarding the matter in question. If Engineer A is not sufficiently satisfied with Engineer X’s explanation, Engineer A may be required to report this matter to the state engineering licensure board.

While engineering is a profession, the practice of engineering, as with all professional pursuits, is also a business. As a business pursuit, engineers compete with one another for clients in order to maximize individual and firm profits. Over the more than 50 years of existence, the NSPE Board of Ethical Review has examined a variety ethical matters relating to the business of engineering, including advertising, contingent fees, using an employer’s facilities, firm names, ownership of design drawings, proprietary interests, remuneration, unfair competition, and other topics. In many of these cases, the Board has stressed the importance of exercising independent judgment and discretion in all business and professional areas. Included in this is the obligation to engage with other professionals in a collegial and cooperative manner, where appropriate. A good instructive example of the intersection between these sometimes competing ethical concerns is BER Case 96-8, where Review Engineer A served as a peer reviewer as part of an organized peer review program developed to assist engineers in improving their professional practice. When originally selected as a peer reviewer, Review Engineer A was asked to sign a “confidentiality agreement” whereby he agreed not to disclose confidential information involving peer-reviewed firms. As part of a peer review visit, Review Engineer A visited Engineer B’s firm. Following a review of the technical documentation in connection with a series of recent design projects involving Engineer B’s firm, Review Engineer A discovered that Engineer B’s work may be in violation of state and local safety code requirements and could endanger public health, safety, and welfare. The Board decided that if Review Engineer A determined that Engineer B’s work is, or may be, in violation of state and local safety requirements and endangers public health, safety, and welfare, the appropriate action would be for Review Engineer A to immediately discus...

Engineer A is the owner of ABC Engineering in State P. Engineer X is the owner of XYZ Engineering in State Q. Engineer X is retained to provide engineering services for Client L located in State P for a project in State P. Client L is a former client of Engineer A’s firm. Engineer A learns that XYZ Engineering does not have a current certificate of authority to practice engineering in State P.

What are Engineer A’s ethical obligations under these facts?