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Failure To Include Information In Engineering Report
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295

Entities

6

Provisions

0

Precedents

20

Questions

28

Conclusions

Phase Lag

Transformation
Phase Lag Delayed consequences reveal obligations not initially apparent
The case exhibits a temporal-gap pattern in which Engineer B's omissions appeared defensible at the moment of reporting (framed as scope-of-work limitations) but were progressively revealed as ethical violations only after the report entered the litigation record. The contradictory post-report justification and the consultant's later identification of methodological flaws created obligations that crystallized retrospectively, after the original action was complete. Rather than cleanly handing off responsibility or cycling it between parties, the situation generated new ethical duties that became visible only with the passage of time and subsequent disclosure.
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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 (6)
View Extraction
II.3.a. 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 46)
Obligation
Engineer B Complete Technical Reporting
This provision directly requires engineers to include all relevant and pertinent information in reports, matching Engineer B's obligation to report all material technical facts.
Action
Pile Record Exclusion
This provision requires inclusion of all relevant information in reports, directly governing the omission of pile records from the engineering report.
State
Engineer B Selective Analysis Disclosure
Engineer B's report conclusions regarding only 19 piles omitted relevant information about the full 90-pile foundation, violating the duty to include all pertinent information.
Obligation (7)
  • Engineer B Complete Technical Reporting
    This provision directly requires engineers to include all relevant and pertinent information in reports, matching Engineer B's obligation to report all material technical facts.
  • Engineer B Scope Limitation Disclosure
    This provision requires truthful and complete reporting, directly supporting the obligation to disclose equipment failures and scope limitations in the report.
  • Engineer B Scope Limitation Non-Disclosure
    This provision mandates inclusion of all pertinent information, directly applying to the obligation to disclose the dynamic test equipment failure.
  • Engineer B Contradictory Evidence Disclosure
    This provision requires all relevant information be included, directly applying to the obligation to disclose the wave equation analysis showing piles had driven to refusal.
  • Engineer B Expert Witness Neutrality
    This provision requires objectivity and truthfulness in professional reports, directly relating to the obligation to present findings objectively without omitting material evidence.
  • Engineer B Adversarial Data Selection
    This provision requires objectivity and completeness in reports, directly applying to the obligation to refrain from selectively using technical data.
  • Engineer B Methodological Consistency
    This provision requires reports to be truthful and include all pertinent information, applying to the obligation to disclose deviations from original pile driving conditions.
Action (4)
  • Pile Record Exclusion
    This provision requires inclusion of all relevant information in reports, directly governing the omission of pile records from the engineering report.
  • Deficient Report Issuance
    This provision requires reports to be objective, truthful, and complete, directly governing the issuance of a report that lacks required information.
  • Equipment Failure Non-Disclosure
    This provision requires all pertinent information be included in reports, directly governing the failure to disclose equipment failures that affected test results.
  • Non-Representative Test Execution
    This provision requires truthful and complete reporting, governing the obligation to report when test conditions were non-representative.
State (5)
  • Engineer B Selective Analysis Disclosure
    Engineer B's report conclusions regarding only 19 piles omitted relevant information about the full 90-pile foundation, violating the duty to include all pertinent information.
  • Engineer B Incomplete Expert Report
    Engineer B's concluding report on the 90-pile foundation failed to include all relevant and pertinent information required by this provision.
  • Engineer B Failure to Consult Available Sources
    Failing to consult available sources during investigation undermines the objectivity and completeness required in professional reports.
  • Engineer B Failure to Consult Sources
    Not consulting available sources during the test program investigation directly compromises the truthfulness and completeness of the resulting report.
  • Engineer B Disputed Driving Records
    Ignoring or not addressing disputed pile driving records for the 90-pile foundation results in an incomplete and non-objective professional report.
Constraint (9)
  • Engineer B Wave Equation Omission
    This provision requires inclusion of all relevant information in reports, directly prohibiting omission of the wave equation analysis.
  • Engineer B Equipment Failure Non-Disclosure
    This provision requires truthful and complete reporting, mandating disclosure of equipment failure in the test report.
  • Engineer B Complete Reporting
    This provision directly requires that all relevant and pertinent information be included in engineering reports, prohibiting the omissions described.
  • Engineer B Contradictory Wave Equation Disclosure
    This provision requires inclusion of all pertinent information, directly applying to the obligation to disclose the contradictory wave equation results.
  • Engineer B Equipment Failure Disclosure
    This provision requires objective and complete reporting, mandating disclosure of the dynamic test equipment failure.
  • Engineer B Procedural Irregularity Reporting
    This provision requires all relevant information be included in reports, applying to the obligation to document procedural irregularities.
  • Geotechnical Consultant Irregularity Reporting
    This provision requires complete and truthful reporting, applying to the geotechnical consultant's obligation to report all procedural irregularities.
  • Engineer B Test Hammer Deviation
    This provision requires inclusion of all pertinent information, applying to the obligation to disclose deviations in hammer type and penetration depth.
  • Engineer B Methodological Replication
    This provision requires complete reporting of relevant facts, including disclosure of any deviations from original pile driving conditions.
Principle (6)
  • Engineer B Objective Completeness Violation
    Engineer B omitted the wave equation analysis from his report, violating the requirement to include all relevant and pertinent information.
  • Engineer B Scope Limitation Non-Disclosure
    Engineer B failed to disclose material limitations such as equipment failure and unreviewed pile driving records, violating the duty to include all relevant information.
  • Engineer B Complete Reporting Failure
    Engineer B omitted facts about equipment failure and pile driving results, directly violating the requirement for complete and truthful professional reports.
  • Engineer B Methodological Disclosure Failure
    Failure to disclose that dynamic test equipment failed is a direct violation of the requirement to include all relevant and pertinent information in reports.
  • Engineer B Objectivity Failure in Expert Role
    Selective application of analytical methods and disregard of pile driving records violates the requirement to be objective and truthful in professional reports.
  • Engineer B Investigative Completeness Failure
    Reaching conclusions without consulting on-site representatives or reviewing pile driving records undermines the completeness required in professional reports.
Role (2)
  • Engineer B Litigation Expert
    Engineer B was required to be objective and truthful and include all relevant information in the findings report on the test pile driving results.
  • Engineer A Municipal Infrastructure Designer
    Engineer A was required to be objective and truthful in any professional reports or statements made in connection with the dock design and litigation.
Event (4)
  • Report Issued
    The provision requires engineers to be objective and include all relevant information in reports, directly governing the content of the issued report.
  • Pile Resistance Shortfall
    This shortfall was a pertinent fact that should have been included in the engineering report per the provision.
  • Test Irregularities Observed
    Observed test irregularities constitute relevant information that must be included in professional reports under this provision.
  • Strength Gain Confirmed
    Confirmed strength gain data is pertinent information that must be truthfully reported per this provision.
Resource (4)
  • Engineer B Pile Foundation Test Report
    This report is the primary document that must be objective, truthful, and include all relevant and pertinent information per this provision.
  • Test Program Pile Driving Records
    These records were excluded from Engineer B's report despite being relevant and pertinent information that should have been included per this provision.
  • Wave Equation Pile Capacity Calculations
    These accepted calculations constituted relevant and pertinent information that should have been included in the engineering report per this provision.
  • Project Pile Driving Field Records
    These field records were central technical evidence that qualified as relevant and pertinent information required to be included in the report.
Capability (5)
  • Engineer B Objective Reporting
    This provision directly requires objective and truthful reporting with all relevant information, which Engineer B failed to do by omitting wave equation analysis results.
  • Engineer B Scope Limitation Disclosure
    This provision requires inclusion of all pertinent information, which Engineer B violated by omitting the equipment failure and non-review of pile driving records.
  • Engineer B Technical Record Review
    This provision requires all relevant information be included, making the failure to obtain and review pile driving records a direct violation.
  • Engineer B Contradictory Evidence Recognition
    This provision requires completeness in reports, which necessitates recognizing and including contradictory evidence such as wave equation analysis results.
  • Engineer B Norm Awareness
    This provision establishes the norm of completeness and neutrality in reports that Engineer B failed to recognize as applicable.
II.3.b. Engineers may express publicly technical opinions that are founded upon knowledge of the facts and competence in the subject matter.
How this applies in the case (showing 3 of 23)
Obligation
Engineer B Expert Witness Neutrality
This provision requires technical opinions to be founded on knowledge of facts and competence, directly relating to the obligation to apply analytical methods consistently and objectively.
Action
Expert Witness Retention
This provision governs the expression of technical opinions, which is the core function of an expert witness retained to provide technical judgments.
State
Engineer B Test Methodology Deficiency
Engineer B's technical opinions on pile adequacy should be founded on competent methodology, and a deficient test program undermines the factual basis required for public technical opinions.
Obligation (3)
  • Engineer B Expert Witness Neutrality
    This provision requires technical opinions to be founded on knowledge of facts and competence, directly relating to the obligation to apply analytical methods consistently and objectively.
  • Engineer B Investigative Completeness
    This provision requires technical opinions to be based on knowledge of facts, directly supporting the obligation to consult witnesses and review all available records before reaching conclusions.
  • Engineer B Fact Gathering Diligence
    This provision requires technical opinions to be founded on knowledge of facts, directly applying to the obligation to gather all available facts from on-site workers and representatives.
Action (2)
  • Expert Witness Retention
    This provision governs the expression of technical opinions, which is the core function of an expert witness retained to provide technical judgments.
  • Contradictory Post-Report Explanation
    This provision requires that publicly expressed technical opinions be founded on knowledge and competence, governing contradictory explanations offered after the report.
State (3)
  • Engineer B Test Methodology Deficiency
    Engineer B's technical opinions on pile adequacy should be founded on competent methodology, and a deficient test program undermines the factual basis required for public technical opinions.
  • Engineer B Selective Analysis Disclosure
    Expressing conclusions about only 19 piles without a competent factual basis for the full foundation does not meet the standard of opinions founded on knowledge of all relevant facts.
  • Engineer A Geotechnical Competence
    Engineer A's awareness of potential pile adequacy concerns relates to whether technical opinions expressed were founded upon actual knowledge and competence in the subject matter.
Constraint (4)
  • Engineer B Expert Objectivity
    This provision requires that publicly expressed technical opinions be founded on knowledge of facts, directly relating to the prohibition on selective application of analytical methods.
  • Engineer B Expert Neutrality
    This provision requires technical opinions to be based on competence and facts, applying to the requirement that Engineer B present all material findings objectively.
  • Engineer B Fact Gathering Diligence
    This provision requires technical opinions to be founded on knowledge of the facts, applying to the obligation to consult witnesses and review available records before reaching conclusions.
  • Engineer B Witness Non-Consultation
    This provision requires technical opinions to be founded on knowledge of the facts, applying to the obligation to consult available witnesses before reaching conclusions.
Principle (3)
  • Engineer B Investigative Completeness Failure
    Engineer B expressed technical opinions without adequately grounding them in all available facts, violating the requirement that public technical opinions be founded on knowledge of the facts.
  • Engineer B Methodological Consistency Failure
    Engineer B's opinions were based on a test methodology that deviated from original conditions, undermining the factual foundation required for competent technical opinions.
  • Engineer B Investigative Diligence Failure
    Failure to communicate with on-site representatives or contractors means Engineer B's technical conclusions lacked the factual basis required for competent technical opinions.
Role (2)
  • Engineer B Litigation Expert
    Engineer B's public or formal technical opinions on pile safety factors must be founded on knowledge of the facts and competence in the subject matter.
  • Engineer A Municipal Infrastructure Designer
    Engineer A's technical opinions expressed during litigation must be founded on knowledge of the facts and relevant competence.
Event (2)
  • Expert Testimony Given
    The provision governs public technical opinions, directly applying to expert testimony given on technical matters.
  • Contradictory Explanation Given
    A contradictory technical explanation must be founded on knowledge and competence, which this provision requires.
Resource (2)
  • Engineer B Pile Foundation Test Report
    Engineer B's technical conclusions in the report must be founded upon knowledge of the facts, including all available technical data.
  • Wave Equation Pile Capacity Calculations
    A technically competent opinion requires consideration of accepted wave equation calculations as part of the factual basis for conclusions.
Capability (2)
  • Engineer B Geotechnical Analysis
    This provision requires technical opinions be founded on knowledge and competence, which Engineer B undermined by applying only partial analysis without wave equation methods.
  • Engineer B Contradictory Evidence Recognition
    This provision requires opinions be based on full competence in the subject matter, which requires recognizing and applying all relevant analytical methods.
II.3.c. Engineers shall issue no statements, criticisms, or arguments on technical matters that are inspired or paid for by interested parties, unless they have prefaced their comments by explicitly identifying the interested parties on whose behalf they are speaking, and by revealing the existence of any interest the engineers may have in the matters.
How this applies in the case (showing 3 of 22)
Obligation
Engineer B Adversarial Data Selection
This provision prohibits issuing technical statements paid for by interested parties without disclosure, directly applying to the obligation to avoid selectively presenting data to defend the municipality.
Action
Expert Witness Retention
This provision requires engineers to disclose interested parties when making technical statements, directly governing an expert witness retained by a party with interests in the outcome.
State
Engineer B Litigation Expert Relationship
Engineer B was retained by the municipality as a paid expert, and any technical statements made should have explicitly identified this interested party relationship.
Obligation (3)
  • Engineer B Adversarial Data Selection
    This provision prohibits issuing technical statements paid for by interested parties without disclosure, directly applying to the obligation to avoid selectively presenting data to defend the municipality.
  • Engineer B Faithful Agent Boundary
    This provision requires disclosure of interested party relationships, directly relating to the obligation to serve the municipality while refusing to omit material evidence on their behalf.
  • Engineer B Expert Witness Neutrality
    This provision prohibits technically biased statements inspired by interested parties without disclosure, directly applying to the obligation to present findings objectively regardless of the municipality's position.
Action (2)
  • Expert Witness Retention
    This provision requires engineers to disclose interested parties when making technical statements, directly governing an expert witness retained by a party with interests in the outcome.
  • Contradictory Post-Report Explanation
    This provision prohibits statements inspired by interested parties without disclosure, governing post-report explanations made on behalf of a retaining party.
State (3)
  • Engineer B Litigation Expert Relationship
    Engineer B was retained by the municipality as a paid expert, and any technical statements made should have explicitly identified this interested party relationship.
  • Engineer B Client Defense Bias
    Engineer B's orientation toward defending the client municipality represents a paid-for technical position that required explicit disclosure of the interested party.
  • Engineer B Adversarial Engagement
    Being retained by the municipality to supervise the test program places Engineer B in an interested-party relationship that must be disclosed when issuing technical statements.
Constraint (3)
  • Engineer B Municipality Advocacy Boundary
    This provision prohibits issuing statements paid for by interested parties without disclosure, directly applying to Engineer B orienting findings toward the municipality's litigation position.
  • Engineer B Selective Data Defense
    This provision prohibits technically biased statements on behalf of paying interested parties without disclosure, applying to Engineer B's selective use of data to defend the municipality.
  • Engineer B Expert Neutrality
    This provision requires disclosure when technical findings are oriented toward an interested party's position, applying to Engineer B's obligation not to skew findings toward the municipality.
Principle (3)
  • Engineer B Litigation Neutrality Violation
    Engineer B was retained by the municipality in litigation and produced a one-sided report without explicitly identifying the interested party on whose behalf he was speaking.
  • Engineer B Litigation Neutrality Breach
    Engineer B shaped findings to support the municipality's legal position without disclosing that his report was produced on behalf of an interested party in adversarial proceedings.
  • Engineer B Faithful Agent Limits in Litigation
    Engineer B's role as a retained litigation expert required disclosure of the interested party relationship, which was not provided alongside the omission of contrary evidence.
Role (2)
  • Engineer B Litigation Expert
    Engineer B was retained and paid by the municipality, so any technical statements must explicitly identify the municipality as the interested party on whose behalf Engineer B is speaking.
  • Engineer A Municipal Infrastructure Designer
    Engineer A, as a defendant with a direct interest in the litigation outcome, must disclose that interest when making technical statements or arguments.
Event (2)
  • Expert Testimony Given
    The provision requires engineers to disclose interested parties when giving paid or sponsored technical statements such as expert testimony.
  • Mediation Settlement Reached
    Statements or arguments made on behalf of interested parties during mediation proceedings must identify those parties per this provision.
Resource (2)
  • Engineer B Pile Test Supervision Report
    This report was submitted in an adversarial dispute, requiring disclosure of any interested party on whose behalf Engineer B was speaking.
  • Engineer B Pile Foundation Test Report
    If the report was prepared on behalf of an interested party in the dispute, that interest must be explicitly identified per this provision.
Capability (2)
  • Engineer B Adversarial Pressure Resistance
    This provision prohibits issuing statements serving interested parties without disclosure, directly relating to Engineer B selectively using data to serve the client's adversarial interests.
  • Engineer B Client Boundary Judgment
    This provision requires disclosure when technical statements are influenced by interested parties, which Engineer B violated by omitting evidence that served the client.
III.1.a. Engineers shall acknowledge their errors and shall not distort or alter the facts.
How this applies in the case (showing 3 of 39)
Obligation
Engineer B Complete Technical Reporting
This provision requires engineers not to distort or alter facts, directly applying to the obligation to include all material technical facts in the findings report.
Action
Pile Record Exclusion
This provision prohibits distorting or altering facts, directly governing the deliberate exclusion of pile records that would alter the factual basis of the report.
State
Engineer B Selective Analysis Disclosure
Reporting conclusions on only 19 piles while omitting findings relevant to the full 90-pile foundation constitutes a distortion or alteration of the complete factual picture.
Obligation (6)
  • Engineer B Complete Technical Reporting
    This provision requires engineers not to distort or alter facts, directly applying to the obligation to include all material technical facts in the findings report.
  • Engineer B Contradictory Evidence Disclosure
    This provision prohibits distorting or altering facts, directly applying to the obligation to acknowledge the wave equation analysis contradicting the municipality's position.
  • Engineer B Adversarial Data Selection
    This provision requires acknowledgment of errors and prohibits distorting facts, directly applying to the obligation to refrain from selectively using technical data.
  • Engineer B Scope Limitation Disclosure
    This provision prohibits distorting or altering facts, directly applying to the obligation to disclose equipment failures and scope limitations rather than concealing them.
  • Geotechnical Consultant Observer Irregularity Reporting
    This provision requires not distorting or altering facts, directly applying to the obligation to document and report procedural irregularities observed during the test pile driving.
  • Geotechnical Observer Irregularity Reporting
    This provision requires acknowledgment of errors and prohibits distorting facts, directly applying to the obligation to document and report observed procedural irregularities.
Action (4)
  • Pile Record Exclusion
    This provision prohibits distorting or altering facts, directly governing the deliberate exclusion of pile records that would alter the factual basis of the report.
  • Equipment Failure Non-Disclosure
    This provision requires acknowledging errors and not distorting facts, governing the failure to disclose equipment failures that affected test validity.
  • Contradictory Post-Report Explanation
    This provision prohibits distorting facts, directly governing post-report explanations that contradict the factual record established during testing.
  • Deficient Report Issuance
    This provision requires engineers not to distort or alter facts, governing the issuance of a report that misrepresents the actual conditions of the test program.
State (4)
  • Engineer B Selective Analysis Disclosure
    Reporting conclusions on only 19 piles while omitting findings relevant to the full 90-pile foundation constitutes a distortion or alteration of the complete factual picture.
  • Engineer B Incomplete Expert Report
    An incomplete expert report on the 90-pile foundation omits material facts, which violates the duty not to distort or alter the facts.
  • Engineer B Disputed Driving Records
    Failing to acknowledge or address disputed pile driving records represents a failure to acknowledge errors and an omission of relevant facts.
  • Engineer B Scope Limitation Justification
    Using scope of work as justification to avoid reviewing pile driving records may constitute an avoidance of acknowledging facts relevant to the engineering assessment.
Constraint (6)
  • Engineer B Wave Equation Omission
    This provision prohibits distorting or altering facts, directly applying to the omission of the wave equation analysis that contradicted Engineer B's conclusions.
  • Engineer B Equipment Failure Non-Disclosure
    This provision requires acknowledgment of errors and prohibits distortion of facts, applying to the failure to disclose equipment malfunction.
  • Engineer B Complete Reporting
    This provision prohibits distorting or omitting facts, directly applying to Engineer B's obligation not to omit material facts from the report.
  • Engineer B Contradictory Wave Equation Disclosure
    This provision prohibits distorting or altering facts, directly applying to the obligation to disclose contradictory wave equation results.
  • Engineer B Expert Objectivity
    This provision prohibits distorting facts, applying to the prohibition on selectively applying analytical methods to support a predetermined conclusion.
  • Engineer B Scope of Work Limitation
    This provision requires acknowledgment of relevant facts and prohibits distortion, applying to the improper use of scope limitations to justify omitting material information.
Principle (5)
  • Engineer B Intellectual Honesty in Expert Report
    Presenting conclusions without acknowledging contradicting wave equation analysis constitutes distortion of facts in violation of the duty not to alter or omit facts.
  • Engineer B Technical Objectivity Violation
    Structuring report language to foreclose alternative interpretations by selectively deploying analytical methods constitutes distortion of the factual record.
  • Engineer B Objective Completeness Violation
    Omitting the wave equation analysis that contradicted his conclusions amounts to distorting the factual basis of the report.
  • Engineer B Complete Reporting Failure
    Omitting facts about equipment failure and pile driving results directly constitutes failing to acknowledge errors and distorting the factual record.
  • Geotechnical Observer Proactive Risk Disclosure
    The geotechnical consultant's identification of procedural irregularities reflects the principle of acknowledging errors and not distorting facts, contrasting with Engineer B's conduct.
Role (2)
  • Engineer B Litigation Expert
    Engineer B must not distort or alter the facts in the findings report, particularly regarding the procedural irregularities identified during test pile driving.
  • Engineer A Municipal Infrastructure Designer
    Engineer A must acknowledge any errors in the original design and not distort or alter facts related to the pile foundation design.
Event (4)
  • Report Issued
    The provision prohibits distorting or altering facts, directly applicable to the content and accuracy of the issued report.
  • Contradictory Explanation Given
    Providing a contradictory explanation suggests distortion or alteration of facts, which this provision explicitly prohibits.
  • Test Irregularities Observed
    Failing to acknowledge observed test irregularities constitutes distorting or omitting facts under this provision.
  • Ethics Violation Found
    The ethics violation finding is directly tied to the engineer failing to acknowledge errors and distorting facts as addressed by this provision.
Resource (4)
  • Engineer B Pile Foundation Test Report
    Omitting key data from this report constitutes distorting or altering the facts, which engineers must not do per this provision.
  • Test Program Pile Driving Records
    Excluding these records from the report represents an omission that distorts the factual picture of pile adequacy.
  • Wave Equation Pile Capacity Calculations
    Failing to acknowledge these calculations that contradicted the report's conclusions amounts to distorting the facts.
  • Project Pile Driving Field Records
    Omitting or misrepresenting these field records in the report would constitute altering the facts per this provision.
Capability (4)
  • Engineer B Objective Reporting
    This provision prohibits distorting or altering facts, which is directly violated by omitting contradictory data from the report.
  • Engineer B Adversarial Pressure Resistance
    This provision requires not distorting facts, which Engineer B violated by selectively using technical data under adversarial pressure.
  • Engineer B Scope Limitation Disclosure
    This provision requires acknowledging errors and not omitting facts, directly applicable to Engineer B failing to disclose the equipment failure and record gaps.
  • Engineer B Contradictory Evidence Recognition
    This provision requires not distorting facts, which necessitates recognizing and reporting contradictory evidence rather than omitting it.
III.1.b. Engineers shall advise their clients or employers when they believe a project will not be successful.
How this applies in the case (showing 3 of 12)
Obligation
Engineer B Faithful Agent Boundary
This provision requires engineers to advise clients when a project will not be successful, directly relating to the obligation to serve the municipality's legitimate interests while refusing to suppress material technical evidence.
Action
Stakeholder Consultation Omission
This provision requires engineers to advise clients when a project will not be successful, governing the failure to consult or inform stakeholders of concerns about the test program.
State
Dock Foundation Public Safety Risk
If the 90-pile dock foundation posed a structural adequacy risk, Engineer B had a duty to advise the client municipality that the project or structure may not be successful or safe.
Obligation (1)
  • Engineer B Faithful Agent Boundary
    This provision requires engineers to advise clients when a project will not be successful, directly relating to the obligation to serve the municipality's legitimate interests while refusing to suppress material technical evidence.
Action (2)
  • Stakeholder Consultation Omission
    This provision requires engineers to advise clients when a project will not be successful, governing the failure to consult or inform stakeholders of concerns about the test program.
  • Non-Representative Test Execution
    This provision requires advising clients when a project will not be successful, governing the failure to inform relevant parties that test conditions were non-representative.
State (2)
  • Dock Foundation Public Safety Risk
    If the 90-pile dock foundation posed a structural adequacy risk, Engineer B had a duty to advise the client municipality that the project or structure may not be successful or safe.
  • Engineer B Client Defense Bias
    Engineer B's bias toward defending the client prevented objective advisement about whether the foundation project would meet structural requirements, violating the duty to advise clients honestly.
Constraint (2)
  • Engineer B Municipality Advocacy Boundary
    This provision requires engineers to advise clients when findings are unfavorable, applying to Engineer B's obligation not to suppress negative findings to support the municipality's litigation.
  • Engineer B Selective Data Defense
    This provision requires honest advisement to clients rather than selective advocacy, applying to Engineer B's crossing into selective data use to defend the municipality.
Principle (1)
  • Engineer B Client Service Disservice
    By excluding pile driving records, Engineer B failed to provide the municipality with a fully reasoned basis for evaluating project success, undermining the duty to advise clients honestly.
Role (1)
  • Engineer A Municipal Infrastructure Designer
    Engineer A had an obligation to advise the municipality client if the pile foundation design or project was unlikely to meet the required safety factors or succeed.
Event (2)
  • Pile Resistance Shortfall
    The provision requires engineers to advise clients when a project will not be successful, which the pile resistance shortfall directly signals.
  • Construction Completion
    If the engineer knew of issues before construction completion, this provision required advising the client of potential project failure.
Capability (1)
  • Engineer B Client Boundary Judgment
    This provision requires advising clients when findings are unfavorable, which Engineer B violated by omitting material evidence rather than reporting it honestly to the client.
III.3.a. Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a material fact.
How this applies in the case (showing 3 of 51)
Obligation
Engineer B Complete Technical Reporting
This provision prohibits statements omitting material facts, directly applying to the obligation to include all material technical facts in the findings report.
Action
Pile Record Exclusion
This provision prohibits omitting material facts, directly governing the exclusion of pile records that constitute material facts in the engineering report.
State
Engineer B Selective Analysis Disclosure
Reporting conclusions on only 19 of 90 piles omits a material fact about the overall foundation adequacy, constituting a material omission in a professional statement.
Obligation (8)
  • Engineer B Complete Technical Reporting
    This provision prohibits statements omitting material facts, directly applying to the obligation to include all material technical facts in the findings report.
  • Engineer B Scope Limitation Non-Disclosure
    This provision prohibits omitting material facts, directly applying to the obligation to disclose the dynamic test equipment failure as a material limitation.
  • Engineer B Scope Limitation Disclosure
    This provision prohibits omitting material facts, directly applying to the obligation to disclose equipment failures and unreviewed pile driving records in the report.
  • Engineer B Contradictory Evidence Disclosure
    This provision prohibits omitting material facts, directly applying to the obligation to include the wave equation analysis showing piles had driven to essential refusal.
  • Engineer B Adversarial Data Selection
    This provision prohibits material misrepresentation or omission of facts, directly applying to the obligation to refrain from selectively presenting data to favor the municipality.
  • Engineer B Methodological Consistency
    This provision prohibits omitting material facts, directly applying to the obligation to disclose deviations from original pile driving conditions in the report.
  • Geotechnical Consultant Observer Irregularity Reporting
    This provision prohibits omitting material facts, directly applying to the obligation to report all procedural irregularities observed during the test pile driving program.
  • Geotechnical Observer Irregularity Reporting
    This provision prohibits statements omitting material facts, directly applying to the obligation to document and report observed procedural irregularities.
Action (4)
  • Pile Record Exclusion
    This provision prohibits omitting material facts, directly governing the exclusion of pile records that constitute material facts in the engineering report.
  • Equipment Failure Non-Disclosure
    This provision prohibits omitting material facts, directly governing the non-disclosure of equipment failures that are material to the validity of test results.
  • Deficient Report Issuance
    This provision prohibits statements containing material misrepresentations or omissions, directly governing the issuance of a report that omits or misrepresents material information.
  • Contradictory Post-Report Explanation
    This provision prohibits material misrepresentations of fact, governing post-report explanations that contradict or misrepresent what occurred during the test program.
State (5)
  • Engineer B Selective Analysis Disclosure
    Reporting conclusions on only 19 of 90 piles omits a material fact about the overall foundation adequacy, constituting a material omission in a professional statement.
  • Engineer B Incomplete Expert Report
    The concluding report's incompleteness regarding the full 90-pile foundation omits material facts in violation of this provision.
  • Engineer B Failure to Consult Available Sources
    Failing to consult available sources leads to statements that omit material facts that would have been discoverable through proper investigation.
  • Engineer B Disputed Driving Records
    Not addressing disputed pile driving records in the report results in statements that omit material facts about the foundation's adequacy.
  • Engineer B Scope Limitation Justification
    Invoking scope limitations to avoid reviewing pile driving records can result in reports that omit material facts necessary for an accurate assessment.
Constraint (10)
  • Engineer B Wave Equation Omission
    This provision prohibits omitting material facts, directly applying to the omission of the wave equation analysis from the report.
  • Engineer B Equipment Failure Non-Disclosure
    This provision prohibits omitting material facts, directly applying to the failure to disclose equipment failure in the report.
  • Engineer B Complete Reporting
    This provision prohibits statements that omit material facts, directly applying to Engineer B's obligation to include all material facts in the findings report.
  • Engineer B Contradictory Wave Equation Disclosure
    This provision prohibits omitting material facts, directly applying to the obligation to include the contradictory wave equation analysis in the report.
  • Engineer B Equipment Failure Disclosure
    This provision prohibits omitting material facts, directly applying to the requirement to disclose the dynamic test equipment failure.
  • Engineer B Test Hammer Deviation
    This provision prohibits omitting material facts, applying to the obligation to disclose deviations in test hammer type and penetration depth.
  • Engineer B Procedural Irregularity Reporting
    This provision prohibits omitting material facts, applying to the obligation to document and report all procedural irregularities observed during the test program.
  • Geotechnical Consultant Irregularity Reporting
    This provision prohibits omitting material facts, applying to the geotechnical consultant's obligation to report all procedural irregularities observed.
  • Engineer B Expert Objectivity
    This provision prohibits misrepresentation through selective omission, applying to the prohibition on selectively applying analytical methods while omitting contrary evidence.
  • Engineer B Methodological Replication
    This provision prohibits omitting material facts, applying to the obligation to disclose any deviations from original pile driving conditions in the report.
Principle (7)
  • Engineer B Scope Limitation Non-Disclosure
    Omitting disclosure of equipment failure and unreviewed records constitutes omission of material facts in violation of the prohibition on statements that omit material facts.
  • Engineer B Objective Completeness Violation
    Omitting the wave equation analysis from the report is a material omission of fact that misrepresents the completeness of the technical investigation.
  • Engineer B Methodological Disclosure Failure
    Failing to disclose that dynamic test equipment failed is a material omission that renders the report's conclusions misleading.
  • Engineer B Intellectual Honesty in Expert Report
    Presenting conclusions without acknowledging contradicting analysis constitutes a statement omitting a material fact.
  • Engineer B Technical Objectivity Violation
    Selectively deploying analytical methods to foreclose alternative interpretations results in a report containing material misrepresentation through omission.
  • Engineer B Complete Reporting Failure
    Omitting facts about equipment failure and pile driving outcomes directly constitutes omission of material facts from a professional report.
  • Engineer B Litigation Neutrality Breach
    Shaping findings to support the municipality's legal position through selective omission of contrary evidence constitutes a statement omitting material facts.
Role (3)
  • Engineer B Litigation Expert
    Engineer B must avoid issuing a findings report that misrepresents material facts or omits material information such as the equipment failures and procedural irregularities observed during testing.
  • Engineer A Municipal Infrastructure Designer
    Engineer A must avoid statements in litigation that misrepresent or omit material facts about the original design and its compliance with safety requirements.
  • Geotechnical Consultant Observer
    The Geotechnical Consultant must ensure that observations of procedural irregularities are fully reported and not omitted from any professional communications.
Event (4)
  • Report Issued
    The provision prohibits reports containing material misrepresentations or omissions of material fact, directly governing the issued report.
  • Pile Resistance Shortfall
    Omitting the pile resistance shortfall from the report constitutes omission of a material fact under this provision.
  • Test Irregularities Observed
    Failing to include observed test irregularities in the report represents omission of a material fact prohibited by this provision.
  • Contradictory Explanation Given
    A contradictory explanation may constitute a material misrepresentation of fact, which this provision directly prohibits.
Resource (4)
  • Engineer B Pile Foundation Test Report
    The report omitted material facts about pile capacity, directly implicating the prohibition against statements that omit material facts.
  • Test Program Pile Driving Records
    Their omission from the report constitutes omitting a material fact that affected the report's conclusions about pile adequacy.
  • Wave Equation Pile Capacity Calculations
    Excluding these calculations from the report omitted a material fact showing the disputed piles had achieved adequate strength.
  • Geotechnical Firm Original Design Report
    Omitting reference to the original design basis for pile set-up strength could constitute omitting a material fact relevant to the report's conclusions.
Capability (6)
  • Engineer B Objective Reporting
    This provision directly prohibits omitting material facts, which Engineer B violated by leaving out wave equation analysis results and pile driving record data.
  • Engineer B Scope Limitation Disclosure
    This provision prohibits omitting material facts, directly applicable to Engineer B failing to disclose the equipment failure and non-review of records.
  • Engineer B Technical Record Review
    This provision prohibits omitting material facts, and the pile driving records were material facts whose omission violated this standard.
  • Engineer B Adversarial Pressure Resistance
    This provision prohibits statements that omit material facts, which Engineer B violated by selectively presenting data that served the interested party.
  • Engineer B Contradictory Evidence Recognition
    This provision prohibits omitting material facts, making the failure to recognize and include contradictory evidence a direct violation.
  • Engineer B Investigative Inquiry
    This provision prohibits omitting material facts, and the failure to consult witnesses and review records resulted in material omissions from the report.
Cross-Case Connections
View Extraction
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 52% Facts Similarity 48% Discussion Similarity 66% Provision Overlap 75% Outcome Alignment 100% Tag Overlap 38%
Shared provisions: II.3.a, III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 60% Facts Similarity 60% Discussion Similarity 71% Provision Overlap 38% Outcome Alignment 100% Tag Overlap 62%
Shared provisions: II.3.a, III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 52% Facts Similarity 57% Discussion Similarity 46% Provision Overlap 33% Outcome Alignment 100% Tag Overlap 44%
Shared provisions: III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 50% Facts Similarity 44% Discussion Similarity 54% Provision Overlap 40% Outcome Alignment 100% Tag Overlap 33%
Shared provisions: III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 56% Facts Similarity 54% Discussion Similarity 51% Provision Overlap 20% Outcome Alignment 100% Tag Overlap 36%
Shared provisions: III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 46% Facts Similarity 45% Discussion Similarity 56% Provision Overlap 33% Outcome Alignment 100% Tag Overlap 36%
Shared provisions: II.3.a, III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 49% Facts Similarity 40% Discussion Similarity 55% Provision Overlap 29% Outcome Alignment 100% Tag Overlap 33%
Shared provisions: III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 51% Facts Similarity 35% Discussion Similarity 48% Provision Overlap 25% Outcome Alignment 100% Tag Overlap 33%
Shared provisions: III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 47% Facts Similarity 33% Discussion Similarity 39% Provision Overlap 33% Outcome Alignment 100% Tag Overlap 20%
Shared provisions: II.3.a, III.1.a, III.3.a Same outcome True View Synthesis
Component Similarity 56% Facts Similarity 56% Discussion Similarity 52% Provision Overlap 8% Outcome Alignment 100% Tag Overlap 33%
Shared provisions: III.1.a Same outcome True View Synthesis
Questions & Conclusions (4 board)
View Extraction
Board Board question 1

Was it ethical for Engineer B to not have included the failed operation of the test equipment in his report?

Board conclusion It was unethical for Engineer B to issue his report without mentioning the failed operation of the testing equipment.
Implicit (4)

Did Engineer B's post-report explanation that 'we just did not believe the driving records' constitute an admission that he substituted personal skepticism for objective engineering analysis, and does that admission itself constitute a separate ethical violation distinct from the omissions in the report?

AnalyticalEngineer B's post-report admission that 'we just did not believe the driving records' constitutes a separate and distinct ethical violation beyond the omissions already identified by the Board. Substituting personal skepticism for objective engineering analysis — without consulting available witnesses, reviewing wave equation calculations, or documenting the basis for that skepticism — violates the engineer's independent obligation to ground professional opinions in verifiable fact rather than unexamined intuition. The admission reveals that Engineer B made an affirmative epistemic choice to disregard material evidence, which is categorically different from a passive omission. Under code provision II.3.a, objectivity and truthfulness require not merely avoiding false statements but actively ensuring that conclusions rest on a complete and honest assessment of available data. The decision to disbelieve a record without investigation, and then to issue conclusions as if that record did not exist, transforms a methodological shortcut into an act of intellectual dishonesty that stands independently of the reporting omissions the Board cited.
AnalyticalThe substitution of personal skepticism for objective engineering analysis — as revealed by Engineer B's post-report statement that 'we just did not believe the driving records' — represents a distinct ethical violation that sits at the intersection of the principles of intellectual honesty, investigative diligence, and objectivity. Professional skepticism is a legitimate and necessary component of engineering judgment, but it carries an obligation: when an engineer disbelieves a material body of evidence, the ethical response is to investigate the basis for that disbelief, consult the parties with direct knowledge of the evidence, and either substantiate the skepticism with technical reasoning or revise the conclusion accordingly. Engineer B did none of these things. He neither consulted Engineer A's on-site representatives, nor the contractor's workers, nor the contractor's supervisor — all of whom were available and could have corroborated or refuted the driving records. The case teaches that unverified personal disbelief of material evidence, when used as the operative basis for excluding that evidence from a professional report without disclosure, is not a defensible exercise of engineering judgment — it is a form of adversarial data selection masquerading as professional discretion. The principle of investigative diligence requires that skepticism be tested, not merely asserted, and the principle of intellectual honesty requires that when skepticism cannot be substantiated through investigation, the engineer must acknowledge the contradictory evidence and explain the basis for discounting it rather than silently omitting it.

Given that Engineer B gave two contradictory justifications for excluding the pile driving records — first that it was outside his scope of work, and later that he simply disbelieved them — does the inconsistency between these explanations suggest that the scope-of-work limitation was a post-hoc rationalization rather than a genuine professional boundary, and what ethical obligations arise when an engineer's stated justification for an omission is itself demonstrably unreliable?

AnalyticalThe Board's conclusion that Engineer B acted unethically by omitting the equipment failure does not fully address the separate and independently significant ethical problem created by Engineer B's two mutually contradictory justifications for that omission. Engineer B first claimed the pile driving records were outside his scope of work, and later claimed he simply disbelieved them. These explanations cannot both be true simultaneously: if the records were genuinely outside scope, their credibility would be irrelevant and no belief judgment would have been formed; if Engineer B formed a substantive judgment that the records were suspicious, he necessarily engaged with their content, which means the scope limitation was not the operative reason for exclusion. The inconsistency strongly suggests that the scope-of-work rationale was a post-hoc rationalization constructed to deflect scrutiny rather than a genuine professional boundary observed at the time. This pattern of shifting justification is itself an ethical violation distinct from the underlying omissions, because it involves distorting the facts of Engineer B's own investigative process when challenged — conduct directly prohibited by the code provision requiring engineers to acknowledge errors and not distort or alter the facts. The Board's conclusions, while correct, do not capture this secondary layer of ethical failure.
AnalyticalThe two contradictory justifications Engineer B offered for excluding the pile driving records — first that it was outside his scope of work, and later that he simply disbelieved them — are mutually exclusive in a way that is itself ethically significant. A genuine scope-of-work limitation is a contractual boundary that exists independent of the content of the excluded material; it does not depend on whether the engineer found that material credible. The subsequent disclosure that Engineer B had in fact reviewed the records sufficiently to form a judgment about their credibility demolishes the scope-of-work defense entirely, because one cannot simultaneously claim not to have examined something and also claim to have found it suspicious. This inconsistency strongly suggests that the scope-of-work rationale was a post-hoc rationalization constructed to provide a professionally defensible explanation for what was actually an advocacy-driven decision. When an engineer's stated justification for a material omission is demonstrably unreliable, the ethical obligation under code provisions II.3.c and III.1.a is heightened: the engineer must either correct the record or acknowledge that the original justification was false. Engineer B did neither, compounding the original violation with a secondary failure of candor.

To what extent does the municipality's role as the retaining client create a structural conflict of interest that Engineer B had an independent obligation to disclose or manage, and should the NSPE code require expert witnesses retained by litigation parties to affirmatively acknowledge that conflict in their reports?

AnalyticalThe municipality's dual role as both the retaining client and a party with a direct financial interest in the litigation outcome created a structural conflict of interest that Engineer B had an independent obligation to acknowledge, manage, and if necessary disclose. Unlike a purely private commercial dispute, the municipality is a public entity whose litigation position directly affects how public infrastructure is evaluated and maintained. Engineer B's retention by the municipality placed him in a position where his professional conclusions could be shaped — consciously or unconsciously — by the client's adversarial interest rather than by objective engineering analysis. Code provision II.3.c explicitly prohibits technical statements inspired by interested parties, and the structural relationship between Engineer B and the municipality satisfies the conditions that provision was designed to address. The ethical obligation arising from this conflict is not merely to produce an unbiased report in fact, but to affirmatively acknowledge the relationship in the report so that any reviewing authority — including a court — can assess the independence of the conclusions. Engineer B's failure to disclose this structural conflict, combined with the selective omissions in his report, suggests that the conflict was not merely unacknowledged but actively operative in shaping his conclusions.

Because the dock is a public structure and the adequacy of its pile foundation bears directly on public safety, did Engineer B have an obligation that transcended his litigation role to flag the unresolved structural questions to a public authority or regulatory body, independent of what his client the municipality wished him to report?

AnalyticalBecause the dock is a public structure whose pile foundation bears directly on public safety, Engineer B's obligations extended beyond his litigation role to encompass an independent duty to flag unresolved structural questions to an appropriate public authority. The 19 piles Engineer B identified as potentially deficient represent a live public safety concern regardless of how the litigation is resolved. Code provision III.1.b requires engineers to advise clients when a project will not be successful, but the underlying principle — that engineers bear a duty to the public that transcends their client relationship — implies a corollary obligation when the client's litigation interest may suppress safety-relevant findings. Engineer B's report, by omitting the wave equation data showing those same 19 piles had met refusal, created a misleading picture of the foundation's adequacy that could persist in the public record long after the litigation concluded. The ethical weight of this omission is amplified by the public nature of the structure: an engineer who knowingly produces an incomplete assessment of a public facility's structural adequacy, and takes no steps to ensure that the unresolved questions reach a competent authority, has subordinated the public interest to client advocacy in a manner that the NSPE code does not permit.
AnalyticalThe public safety dimension of this case reveals an unresolved tension between Engineer B's litigation role and the broader public interest obligation that attaches whenever an engineer's conclusions bear on the structural adequacy of a public facility. The dock is a public structure, and Engineer B's report concluded that 19 of its 90 supporting piles were structurally deficient. That conclusion, if accurate, would implicate public safety directly. If inaccurate — as the omitted wave equation calculations and driving records suggesting refusal would indicate — then Engineer B's report created a false impression of structural deficiency that could itself generate unnecessary public concern or costly remediation. In either case, the public interest was at stake in a way that transcended the municipality's litigation position. The case teaches that the adversarial litigation context creates the greatest pressure toward selective disclosure precisely when the public interest obligation is strongest, and that the NSPE code provisions requiring objective and truthful reporting are not suspended by the litigation context — they are, if anything, more demanding in that context because the consequences of a biased expert report extend beyond the immediate parties to the proceeding. Engineer B's failure to resolve this tension in favor of public safety and complete disclosure, rather than in favor of the municipality's litigation strategy, represents the deepest ethical failure in the case: the subordination of the public interest obligation to client advocacy in a context where public safety was directly implicated.
Board Board question 2

Was it ethical for Engineer B not to communicate with any representatives of Engineer A about the project?

Board conclusion It was unethical for Engineer B to not communicate with any representative of Engineer A about the project.
Principle tension (4)

Does the principle of Engineer B Faithful Agent Limits in Litigation conflict with Engineer B Litigation Neutrality Violation — that is, can an engineer serving as a retained litigation expert simultaneously fulfill a duty of zealous service to the retaining client and an independent duty of neutrality and completeness, and when those duties collide, which must yield?

AnalyticalTaken together, the four violations identified by the Board reveal a systemic pattern rather than a collection of isolated lapses, and that pattern points to a structural tension in the role of litigation expert that the Board's individual conclusions do not fully address. Each omission — the equipment failure, the failure to consult Engineer A's representatives, the failure to consult the contractor's workers, and the suppression of the wave equation analysis — served the same directional interest: producing a report that supported the municipality's litigation position by presenting only the evidence consistent with pile deficiency while suppressing or ignoring evidence of adequacy. The convergence of these omissions on a single outcome is difficult to attribute to coincidence or independent professional judgments. This pattern suggests that Engineer B's role as a retained litigation expert created a structural conflict between the duty of faithful service to the retaining client and the independent duty of objectivity required of all professional engineers issuing technical reports. The Board's conclusions correctly identify each violation but do not address whether the litigation expert role, as practiced here, is inherently incompatible with the objectivity obligations of the engineering code — or whether the profession requires clearer guidance on the boundaries between legitimate advocacy support and the kind of selective, client-directed analysis that Engineer B produced. The case implies that engineers accepting litigation expert retentions must affirmatively resist client advocacy pressure and that the code's objectivity requirements apply with full force regardless of the adversarial context in which the report is produced.
AnalyticalThe tension between Engineer B's role as a faithful agent of the municipality and his independent obligation of neutrality as an expert witness cannot be resolved in favor of client advocacy when the two duties collide. The NSPE code does not create a litigation exception to the requirements of objectivity and completeness; code provision II.3.c explicitly prohibits technical statements inspired by interested parties, and that prohibition applies with equal force whether the interested party is a private corporation or a public municipality. An engineer serving as a retained litigation expert retains the full weight of professional ethical obligations and cannot discharge those obligations by pointing to the adversarial context as justification for selective disclosure. When the duties of faithful agency and expert neutrality conflict, the duty of neutrality must prevail because it is grounded in the engineer's obligation to the public and to the integrity of the technical record, whereas the duty of faithful agency is grounded in a contractual relationship that cannot override professional ethical standards. Engineer B's report demonstrates what happens when this hierarchy is inverted: the client's litigation interest displaced the engineer's obligation to produce a complete and honest technical assessment.
AnalyticalThe tension between Engineer B's role as a faithful litigation agent and his independent obligation of investigative completeness was never genuinely resolved in this case — it was simply collapsed in favor of the client. A faithful agent relationship in litigation permits an engineer to advocate for a client's position through legitimate technical means, but it does not permit the engineer to suppress material contradictory evidence or to decline fact-gathering that might undermine the client's case. Engineer B treated these two obligations as though they were in irreconcilable conflict, and resolved that conflict by abandoning investigative completeness entirely. The case teaches that when client loyalty and investigative completeness appear to conflict, the ethical resolution is not to choose one over the other but to recognize that a technically incomplete report cannot constitute legitimate client service in the first place. An expert report that omits the failed dynamic test equipment, the wave equation calculations, and the driving records showing refusal is not a stronger advocacy document — it is a professionally defective one that ultimately disserves the client by exposing the litigation position to impeachment. The correct resolution of this tension was available to Engineer B: conduct a complete investigation, disclose all material facts including those unfavorable to the municipality, and then offer a reasoned professional opinion. That path would have honored both obligations simultaneously.

Does Engineer B Scope Limitation Non-Disclosure conflict with Engineer B Investigative Completeness Failure — specifically, if a contractually defined scope of work genuinely excluded review of pile driving records, does that contractual constraint relieve Engineer B of the ethical obligation to gather all material facts before issuing conclusions, or does the ethical duty of investigative completeness override a client-imposed scope limitation when material evidence is knowingly excluded?

AnalyticalA contractually defined scope of work does not relieve an engineer of the ethical obligation to disclose material facts that bear directly on the validity of the conclusions in a professional report, particularly when those facts are known to the engineer at the time of reporting. The scope-of-work constraint is a legitimate tool for defining the boundaries of an investigation, but it cannot function as a license to suppress contradictory evidence that the engineer has already encountered. Code provision III.3.a prohibits statements containing material omissions that create a false impression, and that prohibition is not qualified by whether the omitted material fell within or outside the contracted scope. When Engineer B concluded that 19 piles were structurally deficient based on depth-of-penetration analysis, and simultaneously possessed knowledge that those same piles had, according to driving records, met refusal — a fact that wave equation analysis would translate into a strength several multiples over design requirements — the omission of that contradictory information from the report created precisely the kind of false impression that code provision III.3.a was designed to prevent. The scope-of-work limitation could have justified not conducting a wave equation analysis; it could not justify concealing the existence of data that would have prompted a competent reader to question the report's conclusions.
AnalyticalThe scope-of-work limitation and the obligation of investigative completeness represent a principle tension that this case resolves decisively against the scope limitation as an ethical shield. Engineer B invoked the contractually defined scope of work as a justification for excluding the pile driving records, but this justification is ethically untenable for two compounding reasons. First, a contractual scope of work can define the boundaries of compensated services but cannot relieve an engineer of the obligation to disclose material facts that bear directly on the validity of the conclusions in a professional report. When Engineer B concluded that 19 piles were structurally deficient, that conclusion was inseparable from the pile driving records showing those same piles had met refusal — omitting the records did not merely narrow the scope of the report, it rendered the conclusions affirmatively misleading. Second, the scope-of-work justification was subsequently abandoned by Engineer B himself, who admitted post-report that the real reason for excluding the records was disbelief rather than contractual limitation. This sequence reveals that the scope limitation was not a genuine professional boundary but a post-hoc rationalization, and the case teaches that when an engineer's stated justification for a material omission is demonstrably inconsistent with the engineer's own later explanation, the ethical violation is compounded: the original omission is unethical, and the pretextual justification for it constitutes a separate failure of intellectual honesty.

Does Engineer B Methodological Consistency Failure conflict with Engineer B Client Service Disservice — that is, by designing a test program that failed to replicate original driving conditions (vibratory hammer use, pre-record hammer drops, equipment failure), did Engineer B simultaneously undermine the methodological integrity his client needed to prevail and violate his independent obligation to produce technically sound results, and does serving the client's litigation interest ever justify methodological shortcuts that compromise the reliability of the engineer's own conclusions?

AnalyticalThe interaction between methodological consistency and objective reporting reveals a structural ethical principle that this case makes explicit: an engineer who designs and supervises a test program that deviates materially from the original conditions being evaluated acquires a heightened, not diminished, obligation to disclose those deviations in the resulting report. Engineer B's test program departed from the original pile driving conditions in at least three documented respects — use of a vibratory hammer not used in the original driving, pre-record hammer drops that likely broke the pile bond and undervalued skin friction, and failure of the dynamic test equipment. Each deviation independently undermined the comparability of the test results to the original 90-pile installation. Taken together, they meant that Engineer B's conclusions about the 19 disputed piles rested on a methodologically compromised foundation. The principle of methodological consistency does not merely require that an engineer attempt to replicate original conditions; it requires that when replication fails or is not achieved, the engineer disclose the nature and likely effect of those deviations so that the report's conclusions can be properly weighted by the reader. By omitting all three categories of deviation from his report, Engineer B violated both methodological consistency and objective completeness simultaneously, and the case teaches that these two principles are not independent — methodological failures that are concealed become objective reporting failures, and the ethical weight of the concealment is proportional to the materiality of the deviation to the report's conclusions.

Does Engineer B Intellectual Honesty in Expert Report conflict with Engineer B Litigation Neutrality Breach when the engineer's retaining party is also a public municipality — meaning that the obligation to produce an honest, complete report for the benefit of the public interest may be even stronger than in purely private litigation, yet the adversarial litigation context creates the greatest pressure toward selective disclosure?

Board Board question 3

Was it ethical for Engineer B not to communicate with the contractor’s supervisor and workers who were on the job during construction?

Board conclusion It was unethical for Engineer B to not communicate with the contractor’s supervisor and workers who were on the job during construction.
Theoretical (4)

From a deontological perspective, did Engineer B fulfill a categorical duty of complete and truthful reporting by omitting the failed dynamic test equipment from his report, regardless of whether that omission ultimately affected the structural conclusions?

AnalyticalFrom a deontological perspective, Engineer B's omission of the dynamic test equipment failure from his report constitutes a categorical violation of the duty of complete and truthful reporting, independent of whether that omission affected the structural conclusions. The deontological analysis does not permit consequentialist escape routes: the ethical weight of the omission is not diminished by arguing that the conclusions would have been the same even with full disclosure. Code provision II.3.a imposes an unconditional obligation of objectivity and truthfulness in professional reports, and that obligation is violated the moment a material fact is knowingly excluded, regardless of outcome. The equipment failure was directly relevant to the reliability of the test data on which Engineer B's conclusions rested; a reader of the report had a right to know that the instrumentation had failed and to assess independently whether that failure compromised the results. By withholding that information, Engineer B denied the report's audience — including the court — the ability to exercise independent judgment about the evidentiary weight of his conclusions. This is a deontological violation of the first order: it treats the report's audience as a means to the client's litigation end rather than as rational agents entitled to complete information.

From a consequentialist perspective, did the cumulative harm produced by Engineer B's selective omissions — including suppression of wave equation data, equipment failure, and driving records — outweigh any legitimate benefit his report provided to the municipality's litigation position, particularly given the public safety implications of a potentially misevaluated dock foundation?

AnalyticalFrom a consequentialist perspective, the cumulative harm produced by Engineer B's selective omissions substantially outweighed any legitimate benefit his report provided to the municipality's litigation position. The report suppressed wave equation data, concealed equipment failure, and excluded driving records — three independent categories of evidence that collectively pointed toward the adequacy of the original foundation. The public safety implications compound the consequentialist calculus: a dock foundation that is publicly characterized as deficient based on an incomplete analysis may trigger unnecessary remediation costs, erode public confidence in the original design, and create a misleading precedent in the litigation record. Moreover, the municipality's own long-term interest was not well served by a report that could be — and apparently was — challenged on methodological grounds by Engineer A's geotechnical consultant. A complete and methodologically sound report, even if less favorable to the municipality's immediate litigation position, would have provided a more durable evidentiary foundation and avoided the reputational and professional consequences that flow from a demonstrably incomplete expert opinion. The net consequence of Engineer B's approach was to produce a report that was simultaneously harmful to the public interest, vulnerable to technical challenge, and ultimately less useful to the client it was designed to serve.

From a virtue ethics standpoint, did Engineer B demonstrate the professional virtues of intellectual honesty and epistemic humility when he dismissed the pile driving records as 'suspicious' without consulting the contractors, workers, or Engineer A's representatives who could have corroborated or refuted that suspicion?

AnalyticalFrom a virtue ethics standpoint, Engineer B's dismissal of the pile driving records as 'suspicious' without consulting the contractors, workers, or Engineer A's representatives represents a failure of both intellectual honesty and epistemic humility — two virtues that are foundational to the role of an expert witness. Intellectual honesty requires that an engineer acknowledge the limits of his own knowledge and the existence of evidence that challenges his conclusions; epistemic humility requires that he recognize when his personal skepticism about a record is insufficient grounds for excluding it from analysis, particularly when the people who created that record are available and willing to be consulted. Engineer B possessed the capability to resolve his suspicion about the driving records through straightforward inquiry — the on-site representatives, contractors, and workers were available — yet he chose not to exercise that capability. This is not a failure of competence but a failure of character: the virtuous engineer in Engineer B's position would have treated the suspicious records as a prompt for deeper investigation rather than as a justification for exclusion. The virtue ethics framework also highlights the corrosive effect of Engineer B's conduct on the broader professional community: expert witnesses who substitute advocacy for objectivity undermine the epistemic authority that makes engineering expertise valuable in legal proceedings.

From a deontological perspective, does the existence of a narrowly defined scope of work ever discharge an engineer's categorical duty to disclose material facts — such as test equipment failure or contradictory driving records — that bear directly on the validity of the conclusions in a professional report submitted in a legal proceeding?

Board Board question 4

Was it ethical for Engineer B to issue his report without mentioning that the 19 piles questioned had, according to the driving records, met refusal?

Board conclusion 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.
Counterfactual (4)

If Engineer B had disclosed the dynamic test equipment failure in his report, would the municipality's litigation strategy have been materially undermined, and does the answer to that question illuminate whether Engineer B's omission was a product of client advocacy bias rather than a genuine scope-of-work limitation?

AnalyticalThe counterfactual analysis of whether disclosure of the dynamic test equipment failure would have undermined the municipality's litigation strategy is highly probative of Engineer B's actual motivation for the omission. If the equipment failure was genuinely irrelevant to the conclusions — as a scope-of-work defense might imply — then disclosing it would have had no material effect on the municipality's position, and there would have been no rational advocacy-based reason to omit it. The fact that Engineer B omitted it, combined with the fact that Engineer A's geotechnical consultant identified it as a significant methodological flaw, strongly suggests that Engineer B recognized the disclosure would be damaging to the municipality's case and made a deliberate choice to suppress it. This inference is consistent with the pattern of selective omissions throughout the report: each omitted item — the equipment failure, the wave equation data, the driving records showing refusal — pointed in the same direction, toward the adequacy of the original foundation. The probability that three independent categories of exculpatory evidence were all coincidentally excluded by a scope-of-work limitation, rather than by a systematic advocacy bias, is vanishingly small. The counterfactual therefore illuminates not only the motivation for the omission but the degree to which Engineer B's report was structured around the client's litigation interest rather than around objective engineering analysis.

Had Engineer B consulted Engineer A's on-site representatives and the contractor's workers before issuing his report, is it plausible that the suspicion about the pile driving records would have been resolved, and would a revised report incorporating that information have changed the conclusion that 19 piles were structurally deficient?

AnalyticalThe counterfactual inquiry into whether consultation with Engineer A's representatives and the contractor's workers would have resolved the suspicion about the pile driving records reveals a critical asymmetry in Engineer B's investigative approach: he was willing to act on his suspicion by excluding the records from his analysis, but unwilling to test that suspicion through the most direct and available means. Had Engineer B consulted the on-site representatives and workers, one of two outcomes would have followed. Either the consultation would have corroborated the driving records — in which case Engineer B's conclusions about the 19 piles would have required fundamental revision — or it would have surfaced legitimate concerns about record accuracy that could have been documented and disclosed in the report. In either case, the resulting report would have been more complete, more defensible, and more consistent with the engineer's professional obligations. The fact that Engineer B chose neither path — neither accepting the records nor investigating his doubts about them — and instead simply excluded them without disclosure, suggests that the investigative omission was not an oversight but a strategic choice. This counterfactual therefore supports the Board's conclusion that the failure to consult was an ethical violation, and extends that conclusion by demonstrating that the omission was not merely negligent but structurally consistent with a pattern of advocacy-driven evidence selection.

If Engineer B had replicated the original pile driving conditions — using the same hammer type, driving the test piles to equivalent penetration depth, and not dropping the hammer before commencing blow count records — would the test results have confirmed rather than undermined the adequacy of the original 90-pile foundation, and what does that possibility imply about the ethical weight of methodological consistency in expert testing?

AnalyticalThe counterfactual question of whether methodologically consistent test conditions would have confirmed rather than undermined the original foundation's adequacy carries profound ethical implications for the weight that must be assigned to methodological consistency in expert testing. Engineer B's test program deviated from the original driving conditions in at least three documented respects: use of a vibratory hammer not used in original driving, failure to drive test piles to equivalent penetration depth, and pre-record hammer drops that Engineer A's geotechnical consultant testified would have broken the pile bond and undervalued skin friction. Each of these deviations systematically biased the test results in the direction of lower measured pile capacity. If replicating the original conditions would have produced results confirming the foundation's adequacy, then Engineer B's methodological choices did not merely introduce uncertainty — they produced a directionally biased outcome that served the municipality's litigation interest. This possibility does not require proof of deliberate manipulation; it is sufficient that Engineer B designed or permitted a test program that was structurally incapable of fairly evaluating the original foundation, and then issued conclusions based on that program without disclosing its limitations. The ethical obligation of methodological consistency in expert testing is therefore not merely a technical standard but a safeguard against the use of engineering expertise as an instrument of advocacy.

If Engineer B had declined the municipality's retention on the grounds that the adversarial litigation context created an irreconcilable conflict with his obligation to produce an objective expert report, would that refusal have better served the public interest and the integrity of the engineering profession than the biased report he ultimately issued?

AnalyticalThe counterfactual question of whether Engineer B should have declined the municipality's retention on conflict-of-interest grounds illuminates an important threshold obligation that precedes all of the specific violations the Board identified: the obligation to assess, before accepting an engagement, whether the adversarial litigation context is compatible with the engineer's ability to fulfill his professional obligations. Had Engineer B declined the retention on the grounds that the municipality's status as both client and litigation party created an irreconcilable tension with his duty to produce an objective expert report, the public interest would have been better served in two respects. First, the misleading report would not have entered the litigation record. Second, the refusal would have signaled to the municipality — and to the profession — that engineering expertise is not available as a litigation instrument when the conditions of the engagement preclude genuine objectivity. The NSPE code does not explicitly require engineers to decline retentions that create structural conflicts, but the obligations imposed by code provisions II.3.a and II.3.c are only satisfiable if the engineer enters the engagement with a genuine commitment to objectivity. When the structural conditions of an engagement make that commitment implausible — as they did here, given the municipality's dual role — the ethical engineer's obligation is to either restructure the engagement to preserve independence or decline it entirely. Engineer B's failure to exercise that threshold judgment set the conditions for every subsequent violation the Board identified.
Decisions & Arguments (4)
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Should Engineer B disclose in the report that dynamic test equipment failed, that pile driving records were not reviewed, and that the scope excluded material data sources, or present conclusions without flagging these limitations?

Options considered:
O1 Prominently state in the report that dynamic test equipment failed, that pile driving records were not reviewed, and that the contracted scope excluded material data sources, so that readers can properly assess the weight of the conclusions. Board's choice
O2 Confine the report to findings within the contracted scope without volunteering information about equipment failure or excluded records, on the basis that scope definition is the retaining party's prerogative and that opposing counsel may surface gaps through cross-examination.
O3 Communicate the equipment failure and data gaps privately to retaining counsel and allow counsel to decide whether and how to address them in the litigation record, treating the disclosure obligation as satisfied through the attorney-client channel rather than the public report.
Argument structure:
Warrants

The duty of complete technical reporting requires that engineers disclose the limitations of their investigations so that readers can properly weigh conclusions. The duty to act as a faithful agent does not extend to suppressing material methodological gaps that affect the reliability of findings. Conversely, an engineer retained within a defined litigation scope may argue that disclosing every limitation is the retaining attorney's prerogative, and that the report reflects only what was contracted.

Rebuttals

Engineer B may argue that the scope was defined by the retaining party, that disclosing equipment failure could prejudice the client's litigation position, and that standard expert practice limits reporting to contracted scope. The tension between serving as a zealous litigation resource and maintaining independent technical integrity creates genuine uncertainty about how far disclosure obligations extend within adversarial proceedings.

Grounds

Engineer B conducted a load test on piles but dynamic test equipment failed during the test. Pile driving records were not reviewed. The scope of work contractually excluded certain data sources. Despite these gaps, Engineer B issued conclusions about pile adequacy without disclosing these limitations in the report. Multiple obligations including Complete Technical Reporting and Scope Limitation Disclosure were assessed as unmet, and Engineer B's proficiency in objective reporting and scope limitation disclosure was rated only basic.

Engineer B Scope Limitation Disclosure

Should Engineer B apply consistent analytical methodology to all available evidence, including data contradicting the retaining party's position, or confine analysis to data supporting the client's litigation theory?

Options considered:
O1 Analyze all available data using consistent methodological standards, acknowledge findings that contradict the retaining party's position in the report, and allow the fact-finder to weigh the totality of the technical evidence. Board's choice
O2 Focus analysis on data that supports a technically defensible conclusion favorable to the retaining party, relying on the adversarial system and opposing experts to surface contrary evidence rather than volunteering it in the report.
O3 Note the existence of contradictory data in the report without conducting a full reanalysis under the broader scope, flagging the limitation while staying within the contracted analytical framework and leaving comprehensive reconciliation to the trier of fact.
Argument structure:
Warrants

The duty of expert witness neutrality requires that an engineer apply the same methodological standards regardless of which party retained them, and that contradictory evidence be acknowledged so the fact-finder can evaluate reliability. The duty to avoid adversarial data selection is grounded in the engineer's obligation to the public and to the integrity of technical findings. Against this, an engineer may argue that the adversarial system assigns the task of presenting contrary evidence to opposing experts, and that a litigation expert's role is to present the strongest technically defensible case for the retaining party.

Rebuttals

The adversarial litigation context creates genuine tension: opposing experts are expected to challenge each other's conclusions, which may reduce the individual expert's obligation to self-present contradictory data. Engineer B's basic proficiency in adversarial pressure resistance suggests the failure may reflect inadequate training rather than deliberate misconduct, which affects how the board frames the ethical violation.

Grounds

Engineer B was assessed as having unmet obligations for both Methodological Consistency and Contradictory Evidence Disclosure. Proficiency ratings for adversarial pressure resistance, objective reporting, and contradictory evidence recognition were all rated basic. Engineer B selected data favorable to the retaining party and did not apply the same analytical standards to data pointing in the opposite direction.

Methodological Consistency Obligation

Should Engineer B present a complete and methodologically consistent technical report including all findings, or limit the report to data and methods that support the retaining party's position?

Options considered:
O1 Include all findings in the report, document equipment failures as part of the technical record, and apply consistent methodology throughout, even where results are unfavorable to the retaining party. Board's choice
O2 Limit the report to the specific questions posed by the retaining party, treating equipment failures and methodological variations as outside the contracted scope, and leave it to opposing counsel to surface additional issues.
O3 Submit the primary report as prepared for the retaining party but attach a separate technical addendum documenting equipment failures and methodological deviations, making the limitations part of the record without restructuring the main findings.
Argument structure:
Warrants

Engineers have an obligation to issue complete and objective technical reports reflecting all findings, including adverse data. As an expert witness, Engineer B also carries a duty of neutrality to the court and the public, not merely to the retaining client. Methodological consistency is a baseline requirement for technical credibility and honest representation of results.

Rebuttals

Expert witnesses operate within an adversarial system where the retaining party defines the scope of inquiry. Engineer B may have reasonably believed that equipment failures were outside the scope of the final deliverable, or that methodological choices were within acceptable professional discretion. The boundary between legitimate scope limitation and selective omission is not always clear.

Grounds

Engineer B conducted geotechnical investigations for a retaining party in litigation. The investigation involved equipment that failed during testing, and the methodology applied was not consistent across all test conditions. The final report omitted reference to equipment failures and did not apply uniform methods, resulting in a technically incomplete record.

Engineer B Complete Technical Reporting

Should Engineer B disclose contradictory evidence and scope limitations in the expert report, or withhold that information to protect the retaining party's litigation position?

Options considered:
O1 Include all contradictory data in the report and explicitly state the scope limitations under which the investigation was conducted, allowing the court and all parties to assess the findings with full information. Board's choice
O2 Present only the data supporting the retaining party's position and omit scope limitations, on the basis that the adversarial system assigns responsibility for surfacing contrary evidence to opposing counsel and competing experts.
O3 Inform the retaining attorney of the contradictory evidence and scope limitations and defer to counsel's judgment on what must be disclosed under applicable legal and procedural rules, treating the disclosure question as a legal rather than purely ethical determination.
Argument structure:
Warrants

Engineers serving as expert witnesses owe a duty of candor to the tribunal and to the public that supersedes loyalty to the retaining client. Withholding contradictory evidence distorts the factual record on which legal decisions are made. Failing to disclose scope limitations prevents the court and opposing parties from properly evaluating the weight and reliability of the expert opinion.

Rebuttals

In adversarial litigation, it is the role of opposing counsel to challenge expert findings and surface contrary evidence through cross-examination and competing experts. Engineer B may have viewed disclosure of scope limitations as a matter for the retaining attorney to manage, and may have believed that presenting contradictory data exceeded the contracted assignment. Client confidentiality obligations may also create tension with unilateral disclosure.

Grounds

During the investigation, Engineer B encountered data that contradicted the conclusions favorable to the retaining party. Additionally, the scope of the investigation was constrained in ways that limited the completeness of findings. Neither the contradictory data nor the scope limitations were disclosed in the final report submitted in the litigation proceeding.

Engineer B Contradictory Evidence Disclosure
21 sequenced 11 actions 10 events
Case timeline
Engineer A designed the dock foundation using 90 piles, incorporating the geotechnical firm's expectation that piles would gain sufficient driving resistance strength within 30 days of initial driving.
Fulfills (2)
  • Professional Competence
  • Reliance on Geotechnical Expert Recommendation
The dock supported by 90 piles was constructed according to Engineer A's design, completing the physical work that later became the subject of dispute.
After construction, the contractor filed an extra claim and initiated litigation against both Engineer A and the municipality, alleging deficiencies related to pile driving requirements.
The municipality decided to introduce expert witness testimony during mediation challenging the adequacy of the pile driving records and asserting that many piles did not meet driving resistance requirements at the time of initial driving.
Fulfills (1)
  • Client Advocacy in Legal Proceeding
During mediation, the municipal expert witness testified that pile driving records showed many piles did not meet initial driving resistance requirements, forming a central factual assertion in the dispute.
Pile driving records revealed that many of the 90 piles did not meet the initial driving resistance requirements specified for the project, as testified by the municipal expert witness during mediation.
Engineer A and the municipality jointly chose to resolve the contractor's extra claim through mediation rather than litigation, agreeing to share a $300,000 settlement payment to the contractor.
Fulfills (1)
  • Responsible Resolution of Professional Disputes
The contractor's lawsuit was resolved through mediation, resulting in a $300,000 settlement shared between Engineer A and the municipality.
The municipality retained Engineer B to supervise a test pile driving program designed to evaluate whether piles could gain sufficient strength over a 30-day period to meet design calculation requirements.
Fulfills (1)
  • Due Diligence in Technical Dispute
Engineer A retained an independent geotechnical consultant to observe the municipality's test pile driving program and provide an objective technical assessment of the test conditions and results.
Fulfills (2)
  • Professional Due Diligence
  • Protection of Technical Record Integrity
Engineer B or those under his supervision decided to use a vibratory hammer for the test piles rather than replicating the original driving conditions, and allowed the hammer to be dropped several times before commencing blow count records, which broke the pile bond and undervalued skin friction values.
Violates (3)
  • Professional Competence
  • Complete and Accurate Technical Reporting
  • Fact-Gathering Diligence
During the test pile program, equipment failures, non-duplicated driving conditions, and procedural irregularities were observed, including use of a vibratory hammer and a hammer drop before blow count records commenced.
After the 30-day set period following the test pile program, testing confirmed that the piles had gained sufficient strength, supporting Engineer A's position that the geotechnical firm's report had anticipated this outcome.
Engineer B decided not to disclose prominently in the final report that dynamic test equipment had failed during the test pile program, omitting this material fact from the concluding analysis.
Violates (2)
  • Complete and Accurate Technical Reporting
  • Inclusion of All Relevant and Pertinent Information
Engineer B decided not to contact Engineer A's on-site representatives, contractors, workers, or others with direct knowledge of the original pile driving before or during preparation of the report, despite their availability and relevance to verifying or refuting theories about pile behavior.
Violates (3)
  • Fact-Gathering Diligence
  • Professional Competence
  • Complete and Accurate Technical Reporting
Engineer B decided to exclude the pile driving records and wave equation calculations from the report analysis, focusing solely on penetration depth and skin friction as the basis for concluding that 19 piles failed the required safety factor.
Violates (4)
  • Inclusion of All Relevant and Pertinent Information
  • Complete and Accurate Technical Reporting
  • Objective Technical Analysis
  • Serving Client's True Interests
Engineer B issued the concluding report stating that 19 of 90 piles failed the required safety factor based solely on insufficient penetration depth, without disclosing the equipment failure, the fact that all 19 piles had been driven to essential refusal, or the results of wave equation calculations that would indicate adequate pile strength.
Violates (5)
  • Inclusion of All Relevant and Pertinent Information
  • Complete and Accurate Technical Reporting
  • Professional Honesty
  • Serving Client's True Interests
  • Objective Technical Analysis
Engineer B issued a formal report concluding that 19 of 90 piles failed the required safety factor, basing this conclusion solely on insufficient penetration depth while omitting equipment failure data, refusal data, and wave equation calculations.
When queried by Engineer A after the report was issued, Engineer B offered two contradictory explanations for excluding the pile driving records: first claiming it was not in the scope of work, then claiming the records looked suspicious.
Violates (3)
  • Professional Honesty
  • Complete and Accurate Technical Reporting
  • Fact-Gathering Diligence
After Engineer A queried Engineer B about the exclusion of pile driving records, Engineer B offered contradictory explanations, revealing an inability to provide a consistent technical justification for the omissions.
The analysis concluded that Engineer B violated professional obligations by selectively presenting data in an adversarial context, producing a report that misrepresented the technical findings of the test pile program.
Narrative (3 main characters)
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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 B, a litigation expert retained by a municipality involved in a legal dispute with a contractor over a dock project designed by Engineer A. The dock was built on a foundation of 90 piles, and a $300,000 mediated settlement was reached after questions arose about whether the piles met the driving resistance required by the design calculations. The municipality retained you to supervise the driving of several test piles to determine whether piles of that type would gain sufficient strength over time to satisfy the design requirements. During the test, the dynamic test equipment failed, the test piles were not driven to the penetration depth apparently needed for a plug to form as it had in the original piles, and a vibratory hammer was used rather than replicating the original driving conditions. An independent geotechnical consultant retained by Engineer A observed the test and testified about these limitations. You have not reviewed the original pile driving records, and your assigned scope did not include that review. The decisions ahead concern what your expert report should contain and how it should address the evidence gathered during the test.

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 B Roles in this case: Litigation Expert
Engineer A Roles in this case: Municipal Infrastructure Designer

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

Opening States (10)
Incomplete Expert Report State Scope Limitation Justification State Failure to Consult Available Sources State Disputed Driving Records State Test Methodology Deficiency State Engineer B Scope Limitation Justification Engineer B Failure to Consult Available Sources Engineer B Selective Analysis Disclosure Dock Foundation Public Safety Risk Engineer B Litigation Expert Relationship
Summary
  • Engineers must disclose equipment failures or testing anomalies in their reports, even when the underlying findings appear valid or unaffected.
  • A technically accurate conclusion does not excuse omitting material information about the conditions under which data was gathered.
  • Transparency in methodology is a core professional obligation, not an optional supplement to the final result.