Case Repository
Filtering by:
Errors
2023
Excess Stormwater Runoff
Case #23-2
Synthesized
Questions:
- Was it ethical for City Engineer J to review and approve plans prepared by Firm BWJ, given that City Engineer J formerly worked for Firm BWJ?
- What are Principal Engineer R's ethical responsibilities under the facts?
Conclusions:
- Given the facts, the Board interprets that Engineer J’s transition from the private sector to the public sector was not recent and there does not appear to be a conflict between J’s former work at BWJ and their current work for City C.
- Although flood damage and independent consultant Firm IBM’s analysis show larger flows, Principal Engineer R and Principal Engineers R’s firm should confirm whether an error exists – essentially, they should re-review Firm IBM’s analysis. If Firm BWJ determines they made a mistake, Principal Engineer R is responsible to acknowledge errors.
Acknowledging Errors in Design
Case #23-4
Synthesized
Questions:
- Was it ethical for Engineer T and Engineer B to conclude an error had not been made in design?
- Was it ethical for Engineer T not to acknowledge an error after the accident occurred?
- Was it ethical for Engineer T not to acknowledge an error during the deposition?
Conclusions:
- It was ethical for Engineer T and Engineer B to conclude no error had been made in design, based on review and analysis of the facts from both from a legal/contractual perspective and from an ethical perspective. Engineer T’s design approach represented professional practice consistent with the standard of care.
- It was ethical for Engineer T not to acknowledge an error after the accident occurred because there was no error. However, based on hindsight, other ways to approach the project may have prevented the accident and worker injury, and this was a missed opportunity to hold paramount the public safety, health, and welfare. Engineer T is encouraged to share this hard “lesson learned” as part of continued professional development.
- It was ethical for Engineer T to refrain from acknowledging an error during the deposition because there was no error. Engineer T should respond clearly and honestly when questioned about the project, including views on alternative design approaches vis-à-vis the public safety, health, and welfare, but should not characterize the work as a design error.
2022
Independence of Peer Reviewer
Case #22-8
Synthesized
Questions:
- Is Engineer B ethically required to make certain that Engineer A is advised of the planned peer review?
- Is Engineer A ethically required to cooperate with the peer review of Engineer B?
Conclusions:
- 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.
- 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.
1995
Failure To Include Information In Engineering Report
Case #95-5
Synthesized
Questions:
- Was it ethical for Engineer B to not have included the failed operation of the test equipment in his report?
- Was it ethical for Engineer B not to communicate with any representatives of Engineer A about the project?
- Was it ethical for Engineer B not to communicate with the contractor’s supervisor and workers who were on the job during construction?
- ... and 1 more
Conclusions:
- It was unethical for Engineer B to issue his report without mentioning the failed operation of the testing equipment.
- It was unethical for Engineer B to not communicate with any representative of Engineer A about the project.
- It was unethical for Engineer B to not communicate with the contractor’s supervisor and workers who were on the job during construction.
- It was unethical for Engineer B to issue his report without mentioning that the 19 piles questioned had, according to the driving records, met refusal.