Case Repository

Questions:

1. Was it ethical for Engineer L to cease work when requested by Client X, without voicing concern about increased risk?
2. Would it be ethical for Engineer L to continue working on Client X’s project when Client X refuses to invest in the protective measures identified...

Conclusions:

1. It was not unethical for Engineer L to cease work when requested by Client X, without voicing concern about unquantified increased risk. Later, Engineer L did comply with Code provisions that require engineers to notify their employers or clients if a project will not be successful.
2. It would not be ethical for Engineer L to continue working on Client X’s project when Client X refuses to invest in the protective measures identified by Engineer L. Continuing to work on the project after concerns about runoff were quantified would in effect mean Engineer L was placing the clients’ financial interest above the engineer’s paramount obligation to the public health, safety, and welfare. This, the engineer cannot ethically do.

Questions:

1. Should Engineer M challenge the validity of Firm DBA’s report?
2. Should Engineer M raise any concerns with the City, as the client, and, if so, how?
3. Are Firm DBA’s actions ethical? Even though Firm DBA is not providing engineering services, are they required to abide by NSPE’s Code of Ethics?

Conclusions:

1. Engineer M should challenge the validity of Firm DBA’s report as Firm DBA did not abide by the Code in a number of instances.
2. Engineer M should first confer with Firm DBA to correct all discrepancies in the report. If no agreement can be made going forward, Engineer M should confer with the City to outline the ethical obligations. Engineer M should also consider any obligations they may have to report to the state licensure board.
3. The actions of Firm DBA are not ethical under the Code as the services provided were under the supervision and ownership of licensed professional engineers.

Questions:

1. Engineer K personally believes the Sustainable Approach is better. Should Engineer K have only presented information about the Sustainable Approach?
2. Does Engineer K have any ethical obligations after the City approves the Traditional Approach?

Conclusions:

1. Engineer K should present both approaches to the City if Engineer K believes both are viable solutions.
2. Because Engineer K has entered into a contract to design the new flood water control system, Engineer K has an ethical obligation to act as a faithful agent or trustee. Engineer K is ethically obligated to fulfill their contractual obligations to the City and continue to design the Traditional Approach as approved by the City.

Questions:

Was it ethical for Engineer B to accept the rural roadway design contract under these circumstances?

Conclusions:

It was unethical for Engineer B to accept the rural roadway design contract under these circumstances.

Questions:

1. Was it ethical for Engineer T and Engineer B to conclude an error had not been made in design?
2. Was it ethical for Engineer T not to acknowledge an error after the accident occurred?
3. Was it ethical for Engineer T not to acknowledge an error during the deposition?

Conclusions:

1. 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.
2. 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.
3. 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.

Questions:

1. Is it ethical for “Transportation Engineer” B to engage in the practice of engineering when “Transportation Engineer” B is not qualified for...
2. If “Transportation Engineer” B is practicing engineering, does Engineer A have an obligation to report “Transportation Engineer” B for the...

Conclusions:

1. It is unlawful and therefore not ethical for “Transportation Engineer” B to engage in the practice of engineering without having fulfilled the requirements for licensure: adequate education, rigorous examination, and substantial experience.
2. Since “Transportation Engineer” B is practicing engineering (as defined by the state in question), Engineer A has an obligation to report “Transportation Engineer” B for unlicensed practice.

Questions:

1. Are the proposal techniques of Engineer B ethical with respect to the NSPE Code of Ethics?
2. Does Engineer A have an obligation to report a violation to the Engineering Licensing Board in State Q? In State Z?

Conclusions:

1. The proposal practices of Engineer B and XYZ Engineers were not unethical from the perspective of the NSPE Code of Ethics.
2. Engineer A does not have an obligation to report Engineer B’s proposal/marketing practices to the engineering licensing board in State Q.
3. Engineer B’s proposal/marketing practices would constitute professional misconduct per licensure law in State Z, and Engineer A has a clear obligation to report to the engineering licensing board in State Z.

Questions:

1. Was it ethical for Engineer A to provide a recommendation on project delivery methods that only included two of the possible methods, without...
2. Was it ethical for Engineer A to recommend the method for which they could provide services?
3. Was it ethical for Engineer A to include project summaries and references to encourage selection of their firm for the recommended method for...

Conclusions:

1. It was unethical for Engineer A to leave out relevant and pertinent information from the analysis/ recommendation. Engineer A should have included evaluation of all available delivery methods rather than including only two, including one that A’s firm could provide. Engineer A could also have referred City Administrator to 3rd-party resources.
2. It was ethical for Engineer A to recommend progressive design build is the best choice, as long as reasons are objective, described, valid, and compared against all available and appropriate delivery methods. Unfortunately, Engineer A did not provide objective support for the recommendation. Consequently, Engineer A’s conduct was unethical.
3. It was not unethical to include marketing materials that display Engineer A’s firm’s qualifications.

Questions:

Was it ethical for Engineer Intern A to fail to report to Engineer B that the defect had been missed for at least five annual inspections?

Conclusions:

It was not ethical for Engineer Intern A to fail to report to Engineer B that the defect had been missed for at least five years. That is material information that could have been critical to Engineer B’s decision-making.

Questions:

Was Engineer A’s self-description in the expert report ethical?

Conclusions:

Provided that Engineer A qualified as an expert without relying on engineering qualifications, Engineer A’s self-presentation as a consultant-expert without identifying status as a licensed professional engineer was not unethical. However, when Engineer A claimed status as a Board-certified Diplomate in Forensic Engineering, Engineer A’s self-presentation became unethical.

Questions:

1. Was it ethical for Engineer B to not have included the failed operation of the test equipment in his report?
2. Was it ethical for Engineer B not to communicate with any representatives of Engineer A about the project?
3. Was it ethical for Engineer B not to communicate with the contractor’s supervisor and workers who were on the job during construction?
4. ... and 1 more

Conclusions:

1. It was unethical for Engineer B to issue his report without mentioning the failed operation of the testing equipment.
2. It was unethical for Engineer B to not communicate with any representative of Engineer A about the project.
3. It was unethical for Engineer B to not communicate with the contractor’s supervisor and workers who were on the job during construction.
4. 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.