Obligation-Conflict Resolution
Case 15-7 (2015) · Confidentiality – Discussion with Potential Bidding Contractor
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Featured
Engineer A Competitive Procurement Fairness Obligation Water Treatment Bidding
prevails over
Engineer A Faithful Agent Obligation Present Case Municipality Client
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Pre-Bid Constructability Consultation Conflict
- Municipality Public Bidding Process - Equitable Access State
Engineer A Design Phase Constructability Consultation Equal Access Present Case
prevails over
Engineer A Good Intent Non-Justification for Procedural Impropriety Present Case
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Conflict of Interest State - Prior Relationship with Contractor B
- Municipality Public Bidding Process - Equitable Access State
Engineer A Competitive Procurement Fairness Obligation Water Treatment Bidding
prevails over
Engineer A Good Intent Non-Justification Informal Consultation Water Treatment
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Pre-Bid Constructability Consultation Conflict
Engineer A Contractually Designated Dispute Resolver Impartiality BER 93-4
prevails over
Engineer A Client Loyalty Non-Partisan Dispute Finding Boundary BER 93-4
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Construction Phase Contractual Impartiality Obligation
- Owner-Contractor Dispute Requiring Engineer Adjudication
Open tensions recorded without a resolution:
Engineer A Competitive Procurement Constructability Information Formal Channel Present Case vs Engineer A Public Constructability Meeting Convening Present Case
Engineer A Design Phase Constructability Consultation Equal Access Present Case vs Engineer A Faithful Agent Obligation Present Case Municipality Client
Engineer A Design Phase Constructability Informal Consultation Prohibition vs Engineer A Faithful Agent Design Quality Within Procurement Integrity Limits
Engineer A Formal Constructability Meeting Convening Obligation Water Treatment vs Engineer A Good Intent Non-Justification Informal Consultation Water Treatment
What the board concluded
- It is unethical (and perhaps illegal) for Engineer A to privately discuss constructability issues with Contractor B or any contractor who may bid on the water treatment facility construction contract following the design phase.
How comparable cases resolved the same tension
A faithful-agent duty yields to a public-protection obligation. The yielding obligation ("Faithful Agent") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
24-01
Balancing Client Directives and Public...
|
Engineer L Client Budget Pressure Refusal | Engineer L Faithful Agent Boundary | Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client |
| Engineer L Client Override Regulatory Report | Engineer L Faithful Agent Boundary | Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client | |
|
20-4
Public Health, Safety, and...
|
Engineer B Post-Override Regulatory Reporting | Engineer B Faithful Agent Boundary | MWC Override of Engineers A and B |
| Engineer A Post-Override Regulatory Reporting | Engineer A Faithful Agent Boundary | MWC Override of Engineers A and B | |
|
95-5
Failure To Include Information In...
|
Engineer B Expert Witness Neutrality | Engineer B Faithful Agent Boundary | Engineer B Adversarial Engagement; Engineer B Client Defense Bias |
| Engineer B Complete Technical Reporting | Engineer B Faithful Agent Boundary | Engineer B Adversarial Engagement; Engineer B Client Defense Bias | |
|
04-8
Public Welfare—Client Action Following...
|
Engineer A Safety Obligation Wetland Fill | Engineer A Faithful Agent Limits Wetland | Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict |
| Engineer A Wetland Confidentiality Limits | Engineer A Faithful Agent Limits Wetland | Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict |