Case Repository

Questions:

1. Was Engineer A’s use of AI to create the report text ethical, given that Engineer A thoroughly checked the report?
2. Was Engineer A’s use of AI-assisted drafting tools to create the engineering design documents ethical, given that Engineer A reviewed the design...
3. If the use of AI was acceptable, did Engineer A have an ethical obligation to disclose the use of AI in any form to the Client?

Conclusions:

1. Engineer A's use of AI in report writing was partly ethical, and partly unethical. Engineer A was competent and did thoroughly review and verify the AI-generated content, ensuring accuracy and compliance with professional standards. However, Engineer A did not obtain client permission to disclose private information, nor did Engineer A document required technical citations. Ethical use of AI to create the report text must satisfy all pertinent requirements.
2. The use of AI-assisted drafting tools by Engineer A was not unethical per se. However, Engineer A’s misuse of the tool, by failing to maintain Responsible Charge over the AI tool and its output before sealing the document and providing it to Client W, was unethical.
3. Similar to other software used in the design or detailing process, Engineer A has no professional or ethical obligation to disclose AI use to Client W (unless such disclosure is required under Engineer A’s contract with Client W). However, at the time of the BER’s review of this case there is no universal guideline mandating AI disclosure in engineering work. Ethical principles favor transparency when AI plays a substantial role in generating work products. To uphold ethical standards, engineers integrating AI into their practice should adopt rigorous verification processes and consider disclosing AI involvement when it plays a significant role in the final product.

Questions:

1. Is it ethical for Engineer D to accept employment with AE&R?
2. Is it ethical for Engineer D to be immediately, directly involved with AE&R's projects with the City?

Conclusions:

1. Inasmuch as no “revolving door” contractual (i.e., legal) prohibition exists to private employment, it would be ethical for Engineer D to accept employment with firm AE&R. This finding is consistent with a long history of NSPE cases; engineers are free to move and work where they would like.
2. As to whether it would be ethical for Engineer D to be immediately, directly involved with AE&R's projects with the City, the answer is mixed as multiple considerations and details will affect the outcome. For example, participation in ongoing projects for which Engineer D has particular specialized knowledge may be ethical with disclosure and consent. Likewise, situations such as negotiating change orders (potential conflict of interest) might also be cured by disclosure and consent. However, for complex situations (e.g., perception of influence relative to solicitation of a contract) or prohibitive situations (e.g., divulging confidential information) a voluntary embargo by Engineer D for a specified period of time may be efficacious. In positive ways, such practices facilitate conduct which is honorable, responsible, ethical and lawful so as to enhance the honor, reputation and usefulness of the engineering profession.

Questions:

1. Is it ethical for Engineer D to provide access to as-builts after projects were awarded?
2. Is it ethical for Engineer D to share as-builts with sprinkler contractors who ask for information during the bidding phase?

Conclusions:

1. It is ethical for Engineer D to make it known that as-built drawings are available; but they should be readily available to contractors as part of the standard project delivery process to assure that all contractors have equal access to the information.
2. It is unethical for Engineer D to share as-built documents selectively pre-bid. D should work to make as-built documents available for all bidders as part of contract documents.

Questions:

1. Is Engineer B ethically required to make certain that Engineer A is advised of the planned peer review?
2. Is Engineer A ethically required to cooperate with the peer review of Engineer B?

Conclusions:

1. Engineer B is ethically required to make certain that Engineer A is advised of the planned peer review. It is not necessary for Engineer B to provide that notice personally, but Engineer B must know either that Engineer A has been advised or that Engineer A has been terminated from the project.
2. Owner and Engineer B are not required to obtain Engineer A’s consent to the peer review, merely to assure that Engineer A has been informed of the peer review. Especially in the face of known design defects in the first tower, Engineer A may not ethically object to the peer review.

Questions:

What are Engineer A’s obligations?

Conclusions:

If Engineer A reasonably believes that the probability of property damage is high and that the probable amount of property damage is significant, Engineer A has a duty to advise the Owner/Client of the risk.If Engineer A reasonably believes that frozen pipes would cause the sprinkler system to become inoperable, Engineer A could reasonably conclude that there is an imminent risk to the public’s health, safety, and welfare, triggering a duty to report the issue to the Owner/Client.