Case Repository

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.

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.

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.

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.

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. Instead, Engineer A could conduct a publically advertised constructability meeting, inviting all interested contractors to provide Engineer A with the input necessary to achieve a better design and construction outcome. Engineer A may also want to consider hiring a consultant to advise on constructability issues.

It would not be ethical for Engineer A to provide cash payments or in-kind property to public officials in foreign countries in order to obtain and retain business from those public officials.