Case 63-10

Improper Associations

Code Citations: [C11] [C19] [C23] [C28] [C8] [R11:25] [R23:45] [R28:55] [R9:19]

Case Citations: NONE

Facts:

Engineer A, after having worked for the consulting firm of Roe & Doe for a number of years, is employed by the XYZ Manufacturing Company as project engineer on a construction job. The construction contractor for the job is the CBA Construction Company. During construction, Engineer A finds that CBA is attempting to substitute products and materials inferior to those specified. The construction superintendent, upon being warned by Engineer A, calls his home office, which sends Engineer B, an employee of CBA, to justify and defend the use of the inferior products and materials. After extensive argument, CBA accedes to Engineer A and provides satisfactory materials.

Subsequently, Engineer A learns that CBA has submitted a proposal to design and build a structure for MNO Chemical Company. A contract is subsequently signed, and CBA requests that Roe & Doe perform the engineering design. Engineer A informs his former employer, Roe & Doe, of his experience with CBA and advises them not to enter into an agreement with CBA because of their questionable practices. Nevertheless, Roe & Doe accept the commission for design at their normal fee, but specifically exclude supervision of construction.

Question:

1. Was it ethical for Engineer A to contact his former employer and advise them not to enter into an agreement with CBA?

2. Was it ethical for Engineer B to justify and defend the use of inferior products and materials?

3. Was it ethical for Roe & Doe to accept work from CBA after being advised of their past actions by Engineer A?

References:

Code C8

"The engineer will act in professional matters for each client or employer as a faithful agent or trustee."

Code C11

"He will guard against conditions that are dangerous or threatening to life, limb or property on work for which he is responsible, or if he is not responsible, will promptly call such conditions to the attention of those who are responsible.

Code C19

"The engineer will endeavor to protect the engineering profession collectively and individually from misrepresentation and misunderstanding."

Code C23

"He will not directly or indirectly injure the professional reputation, prospects or practice of another engineer. However, if he considers that an engineer is guilty of unethical, illegal or unfair practice, he will present the information to the proper authority for action."

Code C28

"He will not become associated in responsibility for work with engineers who do not conform to ethical practices."

Code R9:19

"He will insist on contractor compliance with plans and specifications."

Code R11:25

"He will not complete, sign, or seal plans and/or specifications that are not of a design safe to the public health and welfare. If the client or employer insists on such unprofessional conduct, he shall call building authorities' attention to the case and withdraw from further consulting business or service on the project."

Code R23:45

"He will report unethical practices of another engineer with substantiating data to his professional or technical society, and be willing to appear as a witness."

Code R28:55

"He will not use association with a nonengineer, a corporation, or partnership as a 'cloak' for unethical acts but must accept personal responsibility for his professional acts."

Discussion:

Code C8 and Code R9:19 clearly imposed a duty on Engineer A to act as he did in insisting upon compliance with the plans and specifications. He is obligated to advise his employer, XYZ, of the situation. It is not indicated whether the use of inferior products or materials would possibly jeopardize public safety, but even the slightest such possibility would also bring into play Code C11. In that event, Engineer A should go further in his objections by filing notice of the deficiencies with public authority if corrections were not made promptly by the construction company.

Engineer "B's" action is subject to severe criticism. While under Code C8 he should seek to serve the interests of his employer, CBA, as a faithful agent, this does not condone or excuse a possible violation of Code C11, Code C19 or Code R9:19. Code R28:55 makes it clear that Engineer B cannot escape criticism simply because he was acting for his employer. As a professional engineer, he is personally responsible for compliance with the Canons.

Whether the construction company was legally entitled to offer or contract to perform engineering services is outside of our jurisdiction as an ethical matter. The state registration laws govern this question. Engineer A was entitled to alert his former employers regarding the questionable practices of the construction company in accordance with Code C19. Code C23 and Code R11:25, although referring only to presenting information to "the proper authority" or "building authorities," can be construed to include any and all of the engineering profession which might have some control or influence in the course of events.

Code C28 prohibits association with unethical engineers, but read together with Code R28:55, the prohibition extends to association with any person or organization who, or organization which, engages in improper or questionable practices. Being warned of the improper attitudes and practices of the construction company and Engineer B, the consulting firm of Roe & Doe should avoid all relationship with them.

The unethical actions of Engineer B should also be reported to any professional or technical societies of which he might be a part in accordance with the provisions of Code R23:45.

Conclusion:

1. It was ethical for Engineer A to contact his former employer and advise them not to enter into an agreement with CBA.

2. It was unethical for Engineer B to justify and defend the use of inferior products and materials.

3. It was unethical for Roe & Doe to accept work from CBA after being advised of their past actions.

BOARD OF ETHICAL REVIEW

P. T. ELLIOTT, P.E., A. C. KIRKWOOD, P. E., W. S. NELSON, P.E., M. C. NICHOLS, P.E., E. K. NICHOLSON. P.E., N. O. SAULTER, P.E., L. R. DURKEE, P.E., Chairman