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Providing Incomplete, Self-Serving Advice
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17

Questions

19

Conclusions

Unclear

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Shows how NSPE provisions inform questions and conclusions - the board's reasoning chain

The board's deliberative chain: which code provisions informed which ethical questions, and how those questions were resolved. Toggle "Show Entities" to see which entities each provision applies to.

Nodes:
■ Provision (e.g., I.1.) ◆ Question: Board = board-explicit, Impl = implicit, Tens = principle tension, Theo = theoretical, CF = counterfactual ▬ Conclusion: Board = board-explicit, Resp = question response, Ext = analytical extension, Synth = principle synthesis ▬ Entity (hidden by default)
Edges:
→ informs → answered by → applies to
Provisions (3)
View Extraction

All provisions in play for this case: the union of board-stated references and analysis-found citations (see each provision's provenance badge). The OntServe case page's Cited NSPE Provisions panel shows the subset actually cited by the committed conclusions, so its count can be lower.

II.3 board + analysis Engineers shall issue public statements only in an objective and truthful manner.
How this applies in the case (showing 3 of 16)
Obligation
Engineer A Objectivity Duty
This provision requires objective and truthful public statements which directly matches the objectivity duty
Action
Selective Method Presentation
Presenting only selective methods violates the duty to issue objective and truthful public statements
State
Omitted Delivery Options Memo
A memo that omits information is not an objective and truthful public statement
Obligation (1)
  • Engineer A Objectivity Duty
    This provision requires objective and truthful public statements which directly matches the objectivity duty
Action (2)
  • Selective Method Presentation
    Presenting only selective methods violates the duty to issue objective and truthful public statements
  • Delivery Method Recommendation
    A recommendation must be objective and truthful rather than self-serving
State (2)
  • Omitted Delivery Options Memo
    A memo that omits information is not an objective and truthful public statement
  • Self Interested Delivery Recommendation
    A biased recommendation violates the duty to issue objective and truthful statements
Principle (2)
  • Objectivity of Delivery Method Recommendation
    The recommendation was a public statement that was not objective due to Engineer A's self interest
  • Objectivity in Delivery Method Advice
    Advice benefiting Engineer A was not objective or truthful as required for public statements
Role (1)
  • Engineer A Consultant Engineer
    Engineer A issued a public statement in the form of a recommendation summary that must be objective and truthful
Event (2)
  • Incomplete Information Delivery
    This provision requires objective and truthful public statements which was violated by delivering incomplete information
  • Unethical Conduct Finding
    The finding of unethical conduct relates to the breach of objective and truthful statement requirements
Resource (3)
  • Engineer A Summary Memo
    This memo is the public statement that must be objective and truthful
  • BER Case 95-5
    This prior case addresses objectivity and truthfulness in engineering statements
  • BER Case 99-8
    This prior case addresses objectivity and truthfulness in engineering statements
Capability (3)
  • Engineer A Objectivity Maintenance
    This provision requires objective public statements which directly relates to maintaining unbiased professional judgment
  • Engineer A Options Disclosure
    The provision requiring objective statements relates to how options were disclosed with limited information
  • BER Code Application
    The BER applied this objectivity requirement in evaluating the case
II.3.a board + analysis Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current.
How this applies in the case (showing 3 of 25)
Obligation
Engineer A Complete Options Disclosure Duty
This provision requires including all relevant information which matches the duty to disclose all four project delivery options
Action
Selective Method Presentation
Omitting relevant methods fails to include all relevant and pertinent information required in reports
State
Omitted Delivery Options Memo
Leaving out delivery options fails to include all relevant and pertinent information
Obligation (3)
  • Engineer A Complete Options Disclosure Duty
    This provision requires including all relevant information which matches the duty to disclose all four project delivery options
  • Engineer A Objectivity Duty
    This provision requires objectivity and truthfulness in reports which matches the objectivity obligation
  • Engineer A Complete Information Duty
    This provision explicitly requires all relevant and pertinent information matching this obligation directly
Action (3)
  • Selective Method Presentation
    Omitting relevant methods fails to include all relevant and pertinent information required in reports
  • Delivery Method Recommendation
    The recommendation must include all relevant information and be truthful and complete
  • Free Engineering Evaluation Provision
    An evaluation provided as advice must be objective and include all pertinent information
State (4)
  • Omitted Delivery Options Memo
    Leaving out delivery options fails to include all relevant and pertinent information
  • Self Interested Delivery Recommendation
    A self serving recommendation lacks the objectivity required in professional reports
  • Non Engineer Administrator Reliance
    The administrator relied on an incomplete report lacking pertinent information
  • Ethical Alternatives Available To Engineer A
    Providing complete information was an ethical alternative the engineer could have chosen
Principle (4)
  • Objectivity of Delivery Method Recommendation
    The recommendation lacked objectivity and truthfulness required in professional reports
  • Objectivity in Delivery Method Advice
    Self-serving advice violates the requirement for objective and truthful professional statements
  • Complete Reporting in Delivery Method Advice
    Providing only a partial evaluation without full analysis fails to include all relevant and pertinent information
  • Complete Reporting in Delivery Options Memo
    Omitting two of four viable delivery methods fails to include all relevant and pertinent information in the report
Role (1)
  • Engineer A Consultant Engineer
    Engineer A prepared a professional report or statement that allegedly omitted relevant and pertinent information about delivery methods
Event (2)
  • Incomplete Information Delivery
    This provision explicitly requires including all relevant and pertinent information which was not met
  • Unethical Conduct Finding
    The unethical conduct finding stems from failure to include all relevant information as required
Resource (3)
  • Engineer A Summary Memo
    This memo must include all relevant and pertinent information as a professional report
  • BER Case 95-5
    This case concerns incomplete information provided by an engineer
  • BER Case 99-8
    This case concerns incomplete information provided by an engineer
Capability (5)
  • Engineer A Delivery Method Analysis
    The provision requiring inclusion of all relevant information relates to the completeness of the delivery method analysis
  • Engineer A Options Disclosure
    The provision directly addresses the failure to include all relevant and pertinent information in the disclosure
  • Engineer A Advisory Competence
    The duty to be truthful and complete in professional reports relates to the advisory recommendation given
  • BER Code Application
    The BER applied this provision to assess the completeness of information provided
  • BER Precedent Reasoning
    The BER used this provision as the standard for characterizing the advice as incomplete and self-serving
II.5.b board + analysis Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to influence the award of a contract by public authority, or which may be reasonably construed by the public as having the effect or intent of influencing the awarding of a contract. They shall not offer any gift or other valuable consideration in order to secure work. They shall not pay a commission, percentage, or brokerage fee in order to secure work, except to a bona fide employee or bona fide established commercial or marketing agencies retained by them.
How this applies in the case (showing 3 of 12)
Action
Free Engineering Evaluation Provision
Offering a free evaluation may function as a valuable consideration to secure work
State
Free Services Extended To City
Offering free services can be construed as a valuable consideration to secure work
Constraint
Engineer A Free Services Prohibition
This provision directly prohibits offering free services as a gift to secure work.
Action (2)
  • Free Engineering Evaluation Provision
    Offering a free evaluation may function as a valuable consideration to secure work
  • Firm Credentials Attachment
    Attaching firm credentials alongside a free service may be construed as an attempt to influence securing work
State (3)
  • Free Services Extended To City
    Offering free services can be construed as a valuable consideration to secure work
  • No Contract With City B
    Providing free services absent a contract raises concerns about improperly securing future work
  • City Administrator Solicitation Intent Unclear
    Unclear solicitation intent relates to whether influence was sought to secure a contract
Constraint (1)
  • Engineer A Free Services Prohibition
    This provision directly prohibits offering free services as a gift to secure work.
Principle (1)
  • Engagement Solicitation in Free Services
    Offering free services tied to a self-serving recommendation constitutes an improper inducement to secure work
Role (1)
  • Engineer A Consultant Engineer
    Engineer A's recommendation may have been self-serving to secure work rather than an objective comparison for City B
Event (2)
  • Free Services Extension
    Offering free services may be construed as giving valuable consideration to secure work
  • Solicitation Receipt
    This provision governs solicitation practices related to securing contracts or work
Capability (2)
  • Engineer A Construction Services
    The provision against securing work through improper means relates to Engineer A's qualification and interest in providing construction services
  • BER Code Application
    The BER applied this provision regarding securing work to evaluate the conflict of interest
Cross-Case Connections
View Extraction
Explicit Board-Cited Precedents 2 Lineage Graph

Cases explicitly cited by the Board in this opinion. These represent direct expert judgment about intertextual relevance.

Principle Established:

Engineers must include all relevant and pertinent information in reports and not selectively omit facts that could affect the conclusions or reflect poorly on the recommendation.

Citation Context:

Cited to illustrate a prior instance where an engineer's report lacked integrity and completeness by omitting relevant information that would have changed the conclusions, paralleling Engineer A's incomplete analysis.

Relevant Excerpts
discussion: "BER Case 95-5 addressed integrity and completeness in preparing reports. The engineer in question rendered an opinion that, based upon test pile, the project’s installed piles did not meet the design safety factor."
discussion: "the conduct constituted both incomplete and self-serving information (as in 95-5 and 99-8) and the extension of free services."

Principle Established:

An engineer has a clear obligation to provide complete work product and must disclose known incompleteness rather than allowing others to rely on it as complete.

Citation Context:

Cited as an analogous case where an engineer submitted incomplete work product without disclosing the incompleteness, supporting the finding that Engineer A's incomplete recommendation was similarly unethical.

Relevant Excerpts
discussion: "BER Case 99-8 was relatively analogous. Engineer A bid and won a design contract to provide a complete set of plans and specifications."
discussion: "the conduct constituted both incomplete and self-serving information (as in 95-5 and 99-8) and the extension of free services."
Implicit Similar Cases 10 Similarity Network

Cases sharing ontology classes or structural similarity. These connections arise from constrained extraction against a shared vocabulary.

Component Similarity 53% Facts Similarity 58% Discussion Similarity 56% Provision Overlap 12% Outcome Alignment 100% Tag Overlap 14% Principle Overlap 48%
Shared provisions: II.5.b Same outcome mixed View Synthesis
Component Similarity 53% Facts Similarity 56% Discussion Similarity 63% Provision Overlap 33% Outcome Alignment 50% Tag Overlap 33% Principle Overlap 51%
Shared provisions: II.3.a View Synthesis
Component Similarity 49% Facts Similarity 32% Discussion Similarity 57% Outcome Alignment 100% Tag Overlap 25% Principle Overlap 59%
Same outcome mixed View Synthesis
Component Similarity 55% Facts Similarity 47% Discussion Similarity 56% Provision Overlap 17% Outcome Alignment 50% Tag Overlap 29% Principle Overlap 66%
Shared provisions: II.3.a View Synthesis
Component Similarity 52% Facts Similarity 58% Discussion Similarity 60% Outcome Alignment 50% Tag Overlap 75% Principle Overlap 60%
View Synthesis
Component Similarity 46% Facts Similarity 41% Discussion Similarity 43% Outcome Alignment 100% Tag Overlap 14% Principle Overlap 68%
Same outcome mixed View Synthesis
Component Similarity 47% Facts Similarity 46% Discussion Similarity 41% Provision Overlap 20% Outcome Alignment 50% Tag Overlap 43% Principle Overlap 58%
Shared provisions: II.3.a View Synthesis
Component Similarity 53% Facts Similarity 50% Discussion Similarity 43% Outcome Alignment 100% Principle Overlap 49%
Same outcome mixed View Synthesis
Component Similarity 58% Facts Similarity 58% Discussion Similarity 64% Outcome Alignment 50% Tag Overlap 25% Principle Overlap 67%
View Synthesis
Component Similarity 51% Facts Similarity 44% Discussion Similarity 62% Outcome Alignment 50% Tag Overlap 50% Principle Overlap 64%
View Synthesis
Questions & Conclusions (3 board)
View Extraction
Board Board question 1

Was it ethical for Engineer A to provide a recommendation on project delivery methods that only included two of the possible methods, without providing the complete analysis and the reasoning behind recommending the two selected methods over others?

Board conclusion 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.
Resolved by: The obligation to disclose all relevant and pertinent information outweighed any convenience of narrowing the analysis, since no objective justification or referral to alternative resources was offered. (confidence 0.85)
II.3. II.3.a. 3 principles 3 facts Conditions Narrative
Implicit (2)

Because the City Administrator is not a licensed engineer and could not independently evaluate the omission of delivery methods, did Engineer A have a heightened duty to disclose the full range of options and the reasoning behind excluding two of them?

AnalyticalThe Board's finding that Engineer A improperly omitted delivery methods is amplified by the fact that City Administrator, as a non-engineer, lacked the technical background to independently recognize the omission or question why Construction-Manager-at-Risk and Fixed-Price-Design-Build were excluded. This asymmetry of expertise creates a heightened duty of disclosure that goes beyond simply providing objective information: Engineer A was effectively the sole gatekeeper of technical knowledge the City Administrator would rely upon, making the omission more consequential than it would be if the recipient were a fellow engineer capable of independently identifying gaps in the analysis.
Resolved by: The board treated the ordinary duty of complete disclosure as amplified rather than replaced, reasoning that expertise asymmetry increases the consequences of an omission without altering its underlying wrongfulness. (confidence 0.80)
II.3. II.3.a. 2 principles 3 facts Conditions Narrative
AnalyticalBecause the City Administrator lacked engineering licensure and thus the technical background to independently assess the universe of delivery methods, Engineer A bore a heightened rather than diminished duty of disclosure. The Administrator's reliance on Engineer A's expertise increased the informational asymmetry between the parties, making the omission of Construction-Manager-at-Risk and Fixed-Price-Design-Build more consequential than it would be if the recipient were a technically sophisticated peer capable of independently identifying missing alternatives.
Resolved by: The Board weighed the recipient's lack of technical capacity against Engineer A's disclosure burden and resolved that asymmetry by raising, not lowering, the duty owed. (confidence 0.82)
II.3.a. 2 principles 3 facts Conditions Narrative

Given that the funding agency requires the CMAR firm and Engineer of Record to be distinct entities, should Engineer A have disclosed how this rule would affect their own eligibility to serve as EOR under a CMAR delivery method, as part of a fully transparent analysis?

AnalyticalA fully transparent analysis would have required Engineer A to disclose the CMAR Engineer of Record entity-separation rule and explain how it affected the firm's own eligibility to serve in that capacity under a Construction-Manager-at-Risk delivery method. Failing to surface this constraint deprived the City Administrator of information relevant to understanding why Engineer A might have preferred Progressive-Design-Build, and thus compounded the incompleteness identified by the Board.
Resolved by: The Board treated disclosure of a rule affecting the engineer's own eligibility as outweighing any interest the engineer had in omitting information that revealed a self-interested motive. (confidence 0.80)
II.3.a. 2 principles 3 facts Conditions Narrative
Principle tension (1)

Does Complete Reporting in Delivery Method Advice conflict with Objectivity in Delivery Method Advice when an engineer omits methods outside their own competence, even if the reasoning for the methods actually presented is sound?

AnalyticalThe case demonstrates that Complete Reporting and Objectivity are not truly competing principles but are mutually constitutive: Engineer A's failure of objectivity (recommending Progressive-Design-Build without valid comparative reasoning) was a direct consequence of the failure of complete reporting (omitting Construction-Manager-at-Risk and Fixed-Price-Design-Build). The Board treated these as two facets of a single underlying duty—full and honest professional analysis—rather than as independent obligations to be balanced against each other. This suggests that where an engineer's professional judgment is not grounded in a complete survey of relevant options, objectivity is definitionally impossible, not merely difficult.
Resolved by: Rather than balancing two independent obligations, the Board fused them, holding that objectivity is impossible without a complete survey of options, so the completeness failure necessarily produced the objectivity failure. (confidence 0.75)
II.3.a. II.3. 3 principles 3 facts Conditions Narrative
Theoretical (1)

From a deontological perspective, did Engineer A fulfill the duty of complete and objective reporting owed to City B when presenting only two of four approved delivery methods?

AnalyticalFrom a deontological standpoint, Engineer A had a duty grounded in the profession's public-trust obligations to present City B with a complete and objective account of all approved delivery methods, independent of whether doing so served the firm's commercial interests. By presenting only two of four options, Engineer A treated the City Administrator's decision-making process as a means to the firm's own business ends rather than as an end deserving full respect, which constitutes a failure of duty regardless of whether the ultimate recommendation happened to be sound.
Resolved by: The Board subordinated commercial self-interest to the deontological duty of complete and objective reporting, holding that duty binding independent of whether the recommendation's substance was ultimately workable. (confidence 0.80)
II.3.a. 2 principles 3 facts Conditions Narrative
Counterfactual (1)

If Engineer A's summary memo had included evaluation of all four approved delivery methods (including Construction-Management-at-Risk and Fixed-Price-Design-Build) while still ultimately recommending Progressive-Design-Build, would the Board have found the omission of relevant information unethical?

AnalyticalHad Engineer A's memo evaluated all four approved delivery methods, including Construction-Manager-at-Risk and Fixed-Price-Design-Build, while still ultimately recommending Progressive-Design-Build, the Board likely would not have found an ethics violation on the completeness ground, since the core problem identified was the omission of viable alternatives rather than the ultimate recommendation itself. A transparent comparison that disclosed why the other methods were less suitable, even while recommending a method within Engineer A's own competence, would satisfy the Code's objectivity and completeness requirements.
Resolved by: The Board subordinated concern about self-interested outcome to the requirement of transparent comparative analysis, treating full disclosure of reasoning as sufficient even where the final recommendation coincides with the engineer's own capability. (confidence 0.78)
II.3.a. II.3. 3 principles 3 facts Conditions Narrative
Board Board question 2

Was it ethical for Engineer A to recommend the method for which they could provide services?

Board conclusion 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.
Resolved by: A recommendation favoring the engineer's own capability is permissible only if grounded in objective comparative reasoning, but since that reasoning was absent, the self-interest was left unchecked and the conduct was found unethical. (confidence 0.85)
II.3. II.3.a. 2 principles 3 facts Conditions Narrative
Also discussed in: C102
Implicit (1)

Should Engineer A have explicitly disclosed to City B that they were only qualified to provide services under two of the four delivery methods, so the City Administrator could assess potential bias in the recommendation?

AnalyticalBeyond the Board's conclusion that Engineer A's recommendation lacked objective support, a deeper structural issue exists: because Engineer A was only qualified to provide services under two of the four approved delivery methods, the very selection of which methods to analyze was already compromised before any reasoning was applied. This suggests the violation began not at the recommendation stage but earlier, at the scoping stage, when Engineer A implicitly limited the analysis to methods aligned with the firm's own service capabilities rather than the full universe of options available to City B under the funding source.
Resolved by: The board extended its objectivity finding backward in the process, reasoning that the duty of complete and unbiased reporting was already compromised at the scoping stage once the analysis was implicitly bounded by the firm's own qualifications. (confidence 0.70)
II.3. II.3.a. 2 principles 3 facts Conditions Narrative
Principle tension (1)

How should Objectivity of Delivery Method Recommendation be balanced against the fact that Engineer A's firm was only capable of providing services under one of the two methods presented, creating an incentive to favor that method?

AnalyticalThe case illustrates that an engineer's Advisory Competence (i.e., which delivery methods the firm is qualified to perform) cannot be allowed to silently define the scope of a supposedly comprehensive analysis. Objectivity of Delivery Method Recommendation required Engineer A to either analyze all four approved methods regardless of personal capability, or to explicitly disclose the boundary of their own competence and its potential to bias the recommendation. Because Engineer A did neither, the principle of Objectivity was subordinated to an unstated structural conflict of interest rooted in capability, showing that omission of capability-based limitations is itself a violation of professional candor even without overt self-dealing.
Resolved by: The Board required that competence-based limitations either be irrelevant to the scope of analysis (by covering all methods) or be explicitly disclosed, so that unstated capability boundaries were treated as an undisclosed structural conflict of interest defeating objectivity. (confidence 0.76)
II.3.a. II.3. 3 principles 3 facts Conditions Narrative
Theoretical (2)

Did the outcome of City B receiving a workable recommendation justify Engineer A's decision to narrow the analysis to the two methods most favorable to their own firm's involvement?

AnalyticalA purely outcome-based justification for Engineer A's narrowed analysis is insufficient, because even if Progressive-Design-Build proved to be a workable or even optimal choice for City B, the process by which that recommendation was reached lacked the objectivity and completeness the Code requires. Ethical evaluation of professional conduct in this context focuses on the integrity of the decision-making process presented to the client, not merely whether the resulting recommendation happens to serve the client's interests.
Resolved by: The Board weighed the instrumental value of a workable outcome for City B against the Code's process-based duty of completeness and objectivity, and gave the process duty priority regardless of outcome quality. (confidence 0.78)
II.3. II.3.a. 3 principles 3 facts Conditions Narrative

Did Engineer A act with professional integrity when recommending the one delivery method (Progressive-Design-Build) for which their own firm could provide services, rather than presenting a disinterested comparison of all four options?

AnalyticalEngineer A's selection of the one delivery method for which the firm was uniquely positioned to provide services, out of only two methods presented, reflects a lack of professional integrity because it substituted self-interested convenience for a disinterested comparison. Professional integrity in advisory contexts requires that an engineer's own capacity to profit from a recommendation not shape which alternatives are surfaced for the client's consideration.
Resolved by: The Board weighed Engineer A's business incentive to favor a method it could staff against the professional duty to present a disinterested comparison, and found the incentive controlling because it shaped which options were even surfaced. (confidence 0.82)
II.3.a. 3 principles 3 facts Conditions Narrative
Counterfactual (2)

If Engineer A had already held a contractual relationship with City B for construction services at the time of the recommendation, would the Board still have characterized the recommendation of Progressive-Design-Build as improperly self-interested?

AnalyticalHad Engineer A already held a contractual relationship with City B for construction services at the time the recommendation was made, the Board would likely have viewed the self-interest concern as even more pronounced rather than less, since an existing financial relationship would have made the incentive to steer the City toward Progressive-Design-Build more direct and immediate. The absence of a prior contract in the actual case somewhat mitigates, but does not eliminate, the appearance of self-interested advocacy.
Resolved by: The Board weighed the actual absence of a contract, which softened the self-interest concern, against the hypothetical presence of a prior contract, which would have made the financial incentive more direct and thus more disqualifying. (confidence 0.70)
II.3.a. II.5.b. 2 principles 3 facts Conditions Narrative

If Engineer A had been qualified to provide services under only Progressive-Design-Build and not also Construction-Manager-at-Risk, would the Board's finding that the recommendation lacked objectivity still apply with the same force?

AnalyticalIf Engineer A had been qualified under only Progressive-Design-Build and not also Construction-Manager-at-Risk, the objectivity concern would likely have been even more acute, since the recommended method would have aligned exactly and exclusively with the engineer's own business capabilities, removing any ambiguity that the choice among presented options might have been driven by considerations other than self-interest.
Resolved by: The Board weighed the actual ambiguity created by qualification under two methods against the hypothetical clarity that would result from exclusive qualification, finding that removing the ambiguity would remove any doubt that self-interest drove the choice. (confidence 0.72)
II.3.a. 2 principles 3 facts Conditions Narrative
Board Board question 3

Was it ethical for Engineer A to include project summaries and references to encourage selection of their firm for the recommended method for project delivery?

Board conclusion It was not unethical to include marketing materials that display Engineer A’s firm’s qualifications.
Resolved by: The board weighed the engineer's right to truthfully promote firm qualifications against the risk that marketing content could taint the neutrality of the advice, and found the truthful marketing materials themselves did not cross into improper solicitation. (confidence 0.75)
II.5.b. 1 principle 3 facts Conditions Narrative
Also discussed in: C103
Implicit (1)

Does the absence of a contractual relationship between Engineer A and City B, combined with Engineer A providing this advisory memo for free, suggest the memo functioned as a marketing tool to solicit future paid work rather than a neutral professional analysis?

AnalyticalWhile the Board found no violation in Engineer A including marketing materials, this conclusion should be read narrowly: the compliance finding rests on the assumption that marketing materials are permissible only when attached to an otherwise complete and objective analysis. Had Engineer A provided a full comparison of all four delivery methods and still included firm credentials for Progressive-Design-Build, the marketing materials would remain unproblematic. However, when marketing materials are paired with an incomplete and self-serving analysis, they take on a different character, reinforcing the appearance that the entire memo functioned as a sales instrument rather than neutral professional advice, even though the marketing content itself was not separately unethical.
Resolved by: The Board treated marketing content as ethically neutral in isolation but let the completeness of the surrounding analysis determine whether that content became an appearance-of-bias problem. (confidence 0.78)
II.3. II.3.a. 3 principles 3 facts Conditions Narrative
AnalyticalThe combination of no existing contractual relationship between Engineer A and City B and the provision of the memo without charge supports an inference that the analysis functioned, at least in part, as a marketing overture rather than a purely disinterested professional opinion. This does not by itself make the free service unethical, but it heightens the need for the analysis to be scrupulously complete and objective, since the engineer stood to gain future paid work from the very recommendation being offered for free.
Resolved by: The Board balanced the legitimacy of free professional outreach against the inference of marketing intent, concluding the free-and-uncontracted combination did not itself violate the code but raised the bar for completeness and objectivity. (confidence 0.75)
II.5.b. 2 principles 3 facts Conditions Narrative
Principle tension (1)

How should Complete Reporting in Delivery Options Memo be balanced against Engagement Solicitation in Free Services, given that Engineer A provided free advisory services partly to position the firm for future paid work?

AnalyticalThe tension between Complete Reporting and Engagement Solicitation in Free Services was resolved in favor of Complete Reporting: the Board's finding that marketing materials alone were not unethical, combined with its finding that the selective omission was unethical, shows that solicitation of future business is permissible so long as it does not distort the substantive content of a professional recommendation. The marketing principle is thus subordinated to, and bounded by, the disclosure principle—an engineer may market their firm's qualifications, but may not let the desire to secure future engagement narrow or bias the analysis presented as if it were disinterested advice.
Resolved by: The Board subordinated the marketing/solicitation principle to the completeness/disclosure principle, permitting promotional content so long as it does not distort or narrow the substantive analysis presented as disinterested advice. (confidence 0.72)
II.5.b. II.3.a. 3 principles 3 facts Conditions Narrative
Theoretical (1)

From a virtue-ethics standpoint, does attaching firm credentials and past-project references to an incomplete delivery-method analysis reflect a lack of candor even if each individual marketing claim is truthful?

AnalyticalFrom a virtue-ethics perspective, attaching truthful firm credentials and project references to an admittedly incomplete delivery-method analysis reflects a subtle lack of candor, even though the Board found the marketing materials themselves unobjectionable. The vice lies not in the marketing content but in pairing persuasive self-promotion with an analysis that omitted competing options, creating an overall impression of even-handedness that the memo did not actually possess.
Resolved by: The Board weighed the truthfulness of the marketing content on its own against the misleading overall impression created by pairing it with an incomplete analysis, and found the combination, not either element in isolation, ethically deficient. (confidence 0.75)
II.5.b. 3 principles 3 facts Conditions Narrative
Decisions & Arguments (4)
View Extraction

Should Engineer A have analyzed and disclosed all four approved delivery methods (or referred City B to third-party resources) instead of presenting only two selected methods?

Options considered:
O1 Provide a complete comparative analysis of Progressive Design-Build, Design-Bid-Build, CMAR, and Fixed-Price Design-Build, or refer City B to independent third-party resources for the methods outside Engineer A's competence. Board's choice
O2 Limit the memo to the two delivery methods aligned with Engineer A's own service capabilities without disclosing the omission of CMAR and Fixed-Price Design-Build or the reasons for excluding them.
O3 Explicitly tell the City Administrator that the memo covers only methods within Engineer A's competence and direct the City to independent resources for the remaining options.
Argument structure (Toulmin):
Grounds

Engineer A's memo addressed only Progressive Design-Build and Design-Bid-Build, omitting CMAR and Fixed-Price Design-Build; the funding agency required the CMAR firm and Engineer of Record to be distinct entities; the City Administrator was not a licensed engineer.

Warrant

Engineers must include all relevant and pertinent information in professional reports and recommendations, and this duty is heightened when the recipient lacks the technical background to independently identify omissions.

Rebuttal

Would not apply if Engineer A had expressly disclosed that only two methods were being analyzed due to the firm's own service limitations and directed the City Administrator to a neutral third party for the remaining options.

Include all relevant and pertinent information

Should Engineer A's recommendation of Progressive Design-Build have been grounded in objective, documented comparison against all appropriate delivery methods, independent of which method the firm itself could service?

Options considered:
O1 Support the Progressive Design-Build recommendation with documented, valid reasoning compared against all available and appropriate delivery methods, independent of the firm's own service capabilities. Board's choice
O2 Recommend Progressive Design-Build, the method the firm itself could provide, without objective comparative support against the excluded methods.
O3 Recommend the method while explicitly disclosing that the firm's own qualifications were limited to certain methods, allowing the City to weigh potential bias.
Argument structure (Toulmin):
Grounds

Engineer A's firm was qualified to provide services under only two of the four approved delivery methods, and the memo recommended the one method the firm itself could service without documented objective comparison against the others.

Warrant

Engineers shall be objective and truthful in professional reports and must not allow their own commercial interests to shape which options are analyzed or recommended.

Rebuttal

Would not apply if the same recommendation had been reached only after a full, valid comparison against all four methods, since a firm-aligned outcome is not itself improper if objectively supported.

Be objective and truthful

Should Engineer A have included firm credentials and project references in the delivery-method memo to encourage selection of its own firm?

Options considered:
O1 Attach project summaries and references demonstrating Engineer A's qualifications for the recommended delivery method, as truthful promotional material accompanying the analysis. Board's choice
O2 Provide the delivery-method memo without any firm credentials, references, or promotional material referencing Engineer A's own qualifications.
Argument structure (Toulmin):
Grounds

Engineer A attached project summaries and references demonstrating its qualifications for Progressive Design-Build, the method it recommended in the memo.

Warrant

Engineers may truthfully promote their professional qualifications, and doing so does not itself violate the duty of objectivity unless it substitutes for or distorts the underlying professional analysis.

Rebuttal

Would not apply, i.e., the marketing materials would become problematic, if attached to an incomplete and self-serving analysis that they help disguise as neutral professional advice, as occurred here.

Not offer any gift or other valuable consideration in order to secure work

Should Engineer A have provided the delivery-method evaluation free of charge without ensuring it was fully complete and objective, given the risk that the free service could function as a marketing overture for future paid work?

Options considered:
O1 Offer the delivery-method evaluation at no charge, but ensure it fully and objectively compares all approved delivery methods so the free service cannot be seen as a biased inducement. Board's choice
O2 Offer the free evaluation while limiting its scope to methods aligned with the firm's own capabilities, functioning in effect as a solicitation for future paid work.
O3 Decline to furnish a free delivery-method evaluation absent a contractual engagement, avoiding any appearance of offering valuable consideration to secure work.
Argument structure (Toulmin):
Grounds

There was no existing contractual relationship between Engineer A and City B, Engineer A furnished the advisory memo without charge, and Engineer A's firm stood to gain future paid work from the recommendation being offered for free.

Warrant

Engineers must be objective and truthful and must not offer any gift or other valuable consideration in order to secure work; providing free services is permissible only where it does not compromise the completeness or objectivity owed to the client.

Rebuttal

Would not apply if the free evaluation had been paired with a full, objective comparison of all approved delivery methods rather than a scope limited to the firm's own service capabilities.

Not offer any gift or other valuable consideration in order to secure work
Event Timeline (9)
9 sequenced 5 actions 4 events
Case timeline
City B's City Administrator, who is not a licensed professional engineer, informally asked Engineer A for a recommendation on project delivery methods for the upcoming wastewater system improvements project under a specific funding source.
Causal-normative reasoning(confidence 0.70)
As the initiating action with no normative edges, Recommendation Solicitation is ethically neutral in itself, but it sets the causal chain in motion by prompting Engineer A's subsequent free evaluation, which is where the ethical problems actually originate.
State changes (1)
  • began: City Administrator Solicitation Intent Unclear
Engineer A received an informal request from City B's City Administrator for a recommendation on project delivery methods for the upcoming wastewater system improvements project.
Engineer A chose to respond to the informal solicitation by providing an uncompensated engineering evaluation rather than referring the City Administrator to external resources or compiling properly referenced analyses from others.
Violates (1)
  • Not offer any gift or other valuable consideration in order to secure work
Causal-normative reasoning(confidence 0.80)
Providing a free engineering evaluation violates the prohibition on offering valuable consideration to secure work, and this matters because it directly causes the Free Services Extension, which later feeds into the Unethical Conduct Finding, showing how an improper inducement escalates into a broader ethics violation.
State changes (1)
  • began: Free Services Extended To City
In the summary memo to the City Administrator, Engineer A identified only Design-Bid-Build and Progressive-Design-Build as viable options, omitting Construction-Management-at-Risk and Fixed-Price-Design-Build from the four approved delivery methods.
Violates (2)
  • Include all relevant and pertinent information
  • Objective and truthful
Causal-normative reasoning(confidence 0.80)
Selective Method Presentation violates the duties to include all relevant information and to be objective and truthful, and this is significant because it directly causes Incomplete Information Delivery, which downstream leads to the Unethical Conduct Finding, illustrating how curated presentation undermines the client's ability to make an informed decision.
State changes (1)
  • began: Omitted Delivery Options Memo
Engineer A recommended Progressive-Design-Build, a delivery method under which Engineer A's firm was qualified to provide construction services and stood to benefit.
Violates (1)
  • Objective and truthful
Causal-normative reasoning(confidence 0.80)
The Delivery Method Recommendation violates the objectivity and truthfulness obligation because it too feeds into Incomplete Information Delivery, compounding the effect of the selective presentation and jointly driving the finding of unethical conduct.
State changes (1)
  • began: Self Interested Delivery Recommendation
Engineer A accompanied the recommendation with a summary of the firm's experience with Progressive-Design-Build projects and references from past projects, effectively marketing the firm's services.
Violates (1)
  • Not offer any gift or other valuable consideration in order to secure work
Causal-normative reasoning(confidence 0.75)
Attaching firm credentials alongside the free evaluation violates the rule against offering valuable consideration to secure work, reinforcing that the free service was not an isolated act but part of a package designed to influence the city's selection, which ties back into the same causal path toward unethical conduct.
As a consequence of Engineer A's memo identifying only two of the four approved delivery methods and recommending the one benefiting the firm, City B was left holding incomplete and self-serving information.
Engineer A's provision of a comparative engineering evaluation without a contract resulted in free engineering services having been extended to City B, a condition tied to securing work.
State changes (1)
  • began: Free Services Extended To City
The BER's retrospective review concluded that both aspects of Engineer A's conduct, the incomplete self-serving information and the extension of free services, were unethical.
Narrative (3 main characters)
View Extraction
Opening Context

Written in second person from the engineer's point of view, so you read the case as the professional experienced it. Underlined names link to the character's profile below.

You are Engineer A, a licensed professional engineer in State C, providing construction services in City B, a large metropolitan area where all forms of contracting are available. You currently have no contractual relationship with City B. The City Administrator, who is not a licensed engineer, has asked for your recommendation on project delivery methods for an upcoming wastewater system improvements project under a specific funding source. That funding source approves four delivery methods: Design-Bid-Build, Construction-Manager-at-Risk, Fixed-Price-Design-Build, and Progressive-Design-Build, and it requires that if Construction-Manager-at-Risk is selected, the Construction Manager at Risk firm and the Engineer of Record must be separate entities. You are qualified to provide construction services under both Progressive-Design-Build and Construction-Manager-at-Risk. You have prepared a summary memo for the City Administrator that identifies only Design-Bid-Build and Progressive-Design-Build as viable options, recommends Progressive-Design-Build, and includes your firm's experience and references on past Progressive-Design-Build projects. You now face a series of decisions about how this memo and recommendation were prepared and presented.

Main characters (3)

Each card shows the roles a person holds and the tensions those roles raise for them. A single person may carry several roles in the case, and a tension between obligations can implicate more than one person at once. Click Show all tensions for the full list.

Engineer A Roles in this case: Consultant Engineer

Guided by: Objectivity of Delivery Method Recommendation, Objectivity in Delivery Method Advice, Complete Reporting in Delivery Method Advice

Engineer A must render objective and impartial professional judgment, but the CMAR (Construction Manager at Risk) delivery model requires strict separation between the entity acting as construction manager and the entity serving as engineer of record. If Engineer A or an affiliated firm has ties to the CMAR entity, the required separation may be difficult to maintain in practice, and any blurring of that boundary threatens the objectivity owed to City B.

Providing City B with complete information sufficient for an informed decision may require additional analysis, research, or consultation beyond the originally contracted scope. Engineer A is simultaneously bound by a prohibition against providing free services, creating tension between the duty to fully inform the client and the constraint against performing uncompensated work to meet that duty.

Engineer A has a duty to fully disclose all viable project delivery options to the City, including their comparative advantages and disadvantages, but City B has restricted its procurement policy to a limited set of approved delivery methods. If a superior option exists outside that approved list, Engineer A faces tension between full professional disclosure and operating within the City's self-imposed procedural limits, potentially leaving the City Administrator to decide whether to entertain non-approved alternatives.

City Administrator Roles in this case: Municipal Official

Engineer A has a duty to fully disclose all viable project delivery options to the City, including their comparative advantages and disadvantages, but City B has restricted its procurement policy to a limited set of approved delivery methods. If a superior option exists outside that approved list, Engineer A faces tension between full professional disclosure and operating within the City's self-imposed procedural limits, potentially leaving the City Administrator to decide whether to entertain non-approved alternatives.

City B Roles in this case: Owner

Engineer A must render objective and impartial professional judgment, but the CMAR (Construction Manager at Risk) delivery model requires strict separation between the entity acting as construction manager and the entity serving as engineer of record. If Engineer A or an affiliated firm has ties to the CMAR entity, the required separation may be difficult to maintain in practice, and any blurring of that boundary threatens the objectivity owed to City B.

Providing City B with complete information sufficient for an informed decision may require additional analysis, research, or consultation beyond the originally contracted scope. Engineer A is simultaneously bound by a prohibition against providing free services, creating tension between the duty to fully inform the client and the constraint against performing uncompensated work to meet that duty.

Engineer A has a duty to fully disclose all viable project delivery options to the City, including their comparative advantages and disadvantages, but City B has restricted its procurement policy to a limited set of approved delivery methods. If a superior option exists outside that approved list, Engineer A faces tension between full professional disclosure and operating within the City's self-imposed procedural limits, potentially leaving the City Administrator to decide whether to entertain non-approved alternatives.

Other people involved in the case but not central to the opening narrative.

Engineer A must render objective and impartial professional judgment, but the CMAR (Construction Manager at Risk) delivery model requires strict separation between the entity acting as construction manager and the entity serving as engineer of record. If Engineer A or an affiliated firm has ties to the CMAR entity, the required separation may be difficult to maintain in practice, and any blurring of that boundary threatens the objectivity owed to City B.

The Board’s deliberation

How the Board of Ethical Review resolved the case, verbatim from its published conclusions.

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.
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.
It was not unethical to include marketing materials that display Engineer A’s firm’s qualifications.
Opening States (8)
Omitted Delivery Options Memo Self Interested Delivery Recommendation Funding Agency Entity Separation Requirement Non Engineer Administrator Reliance Ethical Alternatives Available To Engineer A City Administrator Solicitation Intent Unclear No Contract With City B Free Services Extended To City
Summary
  • An engineer's duty of full disclosure to a client extends beyond the boundaries of a client's self imposed procurement policy, meaning viable alternatives should be identified even if they fall outside a pre approved list of options.
  • Institutional or procedural constraints set by a client, such as City B's restricted delivery method policy, do not relieve an engineer of the independent professional obligation to present complete and objective information for decision making.
  • The obligation to fully inform a client can create legitimate practical tensions with contract scope and compensation limits, but these tensions do not excuse omitting material information that a competent analysis would reveal.

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