Case Repository

Filtering by: Duty to Disclose

2025

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.

2022

Questions
  1. Was it ethical for Cutting Edge Engineering and Engineer Jaylani to accept the irrigation system design task?
  2. Was it ethical for Engineer Intern Wasser to refuse to perform the task of design development for the proposed irrigation system?
  3. If the traditional lawn irrigation system design is an ethical expression of engineering work, what can Engineer Jaylani’s firm do to complete the...
Conclusions
  1. It was ethical for Engineer Jaylani to accept the irrigation system design task.
  2. As a matter of personal conviction, it was ethically permissible, but extreme, for Engineer Intern Wasser to refuse the task of design development for the proposed irrigation system. Performing the design task would not have been manifestly unethical, and refusal likely cost Wasser his job.
  3. Under the facts, traditional lawn irrigation system design is an ethical expression of engineering work. In awareness of sustainability principles, Engineer Jaylani’s firm is in a position to better serve its clients and the public by introducing and offering “green” irrigation alternatives.

2021

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.

Questions
  1. Does Engineer A have an ethical obligation to address or evaluate the impacts of a project on public health, safety, and welfare with respect to...
  2. In this set of circumstances, what are Engineer A’s reasonable courses of action with respect to engineering ethics?
Conclusions
  1. Engineer A has an obligation to consider potential impacts on public health, safety, and welfare, regardless of whether that is required by applicable law, including changing weather patterns and climate.
  2. If Engineer A is reasonably certain that the project will result in adverse impacts to public health, safety, and welfare, and if the Client B denies the requisite evaluation, Engineer A should include the concern regarding potential adverse public health, safety, and welfare impacts in an engineering report for consideration by regulatory agencies and the public.
Questions
  1. Should Engineer A include information about the utility generation mix and rolling blackouts in the report to the board?
  2. Should Engineer A include information about cost of battery storage and the potential consequences of not having battery storage?
Conclusions
  1. Engineer A has an ethical obligation to include information about the utility generation mix and potential rolling blackouts in a report to the organization’s board.
  2. Engineer A’s report should also include information about cost of battery storage and the potential consequences of not having battery storage on system reliability relative to public safety, health, and welfare.

2020

Questions
  1. What are the ethical obligations of Engineer A and Engineer B in this circumstance?
  2. What should Engineer A and Engineer B do?
Conclusions
  1. In fulfillment of their ethical obligations under the Code, Engineers A and B should formally communicate their concerns to the MWC, including that they believe the project will not be successful.
  2. Both Engineers A and B have ethical obligations to notify the MWC and other appropriate authorities that prematurely changing the water source puts the public health and safety at risk. Furthermore, Engineers A and B have independent obligations to formally and in writing report their concerns to the state regulatory agency. While they may provide a joint and cooperative report, each has an independent obligation. Neither the consent nor opposition of the client is a factor in their fulfillment of this obligation.

2019

Questions

What are Engineer A’s ethical obligations under the circumstances?

Conclusions

Engineer A had an obligation to continue to pursue a resolution of the matter by working with Client B and in contacting in writing the supervisor of the county official, the fire marshal, or any other agency with jurisdiction, advising them of the structural deficiencies.

2018

Questions

What are Engineer A’s obligations under the circumstances?

Conclusions

Engineer A should continue to pursue discussions with Client A to convince Client A of the danger in which future residents, as well as the general public, could be placed, and the potential for significant property and environmental damage. If Client A refuses to agree with Engineer A’s design standard, Engineer A should withdraw from the project.

2017

Questions

Did Engineer A fulfill his ethical obligations under the NSPE Code of Ethics by providing the report to the insurance company that retained him?

Conclusions

Contrary to the advice of the State Board of Professional Engineers, Engineer A did not fulfill his ethical obligations under the NSPE Code of Ethics by only providing the report to the insurance company that retained him. Engineer A had a responsibility to take additional steps beyond merely submitting a written report to the insurance company, including contacting local building officials, individual homeowners, and the local homeowners or community civic association to advise them of his findings.

2016

Questions

What are Engineer A’s ethical obligations?

Conclusions

Engineer A has a responsibility to fully and actively participate as a member of the engineering risk management team, clearly and unambiguously express any and all concerns he has regarding the safety of the proposed autonomous vehicle operation system, and explore additional potential technical options that could mitigate the risks identified in the proposed system. In light of the fact that engineers should strive to do no harm in the performance of their professional services, if necessary, Engineer A should propose that further study be undertaken by the company before the autonomous vehicle operating system is utilized. That being said, to address the specific question posed in the case, Engineer A has an obligation to state that the prime ethical obligation of the vehicle operation is to minimize harm to affect the least number of persons.

Questions

What are Engineer A’s ethical obligations under the circumstances?

Conclusions

Engineer A had an affirmative obligation to step forward and immediately advise Attorney X. Since Attorney X was in the middle of negotiations with the defendant’s attorney, which may or may not have resulted in a settlement of the case, this was critically important information for Attorney X to have in his possession.

2011

Questions
  1. Was it ethical for Engineer A to contact Smithtown and advise the town that Engineer B’s performance on the contract did not meet the standards as...
  2. Was it ethical for Engineer A to offer and agree to perform the road design work for Smithtown?
Conclusions
  1. It is ethical for Engineer A to contact Smithtown and advise the town that Engineer B’s performance on the contract did not meet the standards as outlined in Engineer B’s contract with the town.
  2. It would not be ethical for Engineer A to offer and agree to perform the work for Smithtown.

1999

Questions
  1. Was it ethical for Engineer A to submit final drawings and specifications for review and approval that he knew were incomplete?
  2. Was it ethical for Engineer B to approve a set of incomplete drawings on behalf of the Federal government for competitive bidding?
  3. Was it ethical for Engineer C, owner of the Hi-Lo Construction firm, to submit a bid on a construction contract that he later characterized as...
Conclusions
  1. It was not ethical for Engineer A to submit drawings and specifications for review and approval that he knew were incomplete.
  2. It was not ethical for Engineer B to approve a set of incomplete drawings on behalf of the Federal government for competitive bidding.
  3. It was not ethical for Engineer C, owner of the Hi-Lo Construction firm, to submit a bid on a construction contract that he later characterized as “unbuildable” without major changes.

1998

Questions

Was it ethical for Engineer A to agree to concur with the chairman’s proposal under the facts?

Conclusions

It was not ethical for Engineer A to agree to concur with the chairman’s proposal under the facts. Additionally, it was not ethical for Engineer A to sign inadequate inspection reports. (See Code Section II.1.b.).

1995

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.

1984

Questions

Was it ethical for Engineer A to proceed with his work on the project knowing that the client would not agree to hire a full-time project representative?

Conclusions

It was unethical for Engineer A to proceed with work on the project knowing that the client would not agree to hire a full-time, on-site project representative.