Case 65-16
Seal of Engineer on Plans
Code Citations: [13(a)]
[14]
Case Citations: NONE
Facts:
Ajax Gear Works, Incorporated, retains Engineer "A" to design a manufacturing
plant, including professional inspection services. The project is completed
and Engineer "A" is paid for his work. Subsequently, Ajax desires to expand
its facilities and retains Engineer "B" and turns over to him a set of
plans provided by Engineer "A" for the original work. Engineer "B" proposes
to use the plans of Engineer "A" for the expansion work by adding his revisions
to them, thus saving the client the cost of duplicate tracing. Engineer
"B" completes the revisions and, initially, simply adds his seal to that
of Engineer "A" on the completed plans. About a month later, Engineer
"B" decides to delete the seal of Engineer "A" and keeps only his seal
on the plans.
Questions:
1. Is it ethical for Engineer "B" to delete the seal of Engineer "A" on
the original plans and substitute his seal?
2. Is it ethical for Engineer "B" to add his seal to that of Engineer
"A" on the original plans to indicate his revisions?
References:
-
Code 13(a)
-
"He will conform with registration laws in his practice of engineering."
-
Code 14
-
"The Engineer will give credit for engineering work to those to whom credit
is due, and will recognize the proprietary interests of others."
Discussion:
The state engineering registration laws generally provide that a registered
engineer is required to affix his seal to final drawings and other engineering
documents prepared by him. The purpose of this requirement is to notify
the client and the public of the identity of the engineer who assumes responsibility
for the sufficiency of the design in the interest of protecting the public
health and safety. Deletion of the seal of the engineer who prepared the
original drawings would be in direct conflict with this purpose and would
tend to create confusion and doubt as to the identification of the engineer
who assumed the responsibility for the original plans. It would be improper
under any conceivable circumstances for an engineer to delete the seal
of the engineer who prepared the drawings.
We see no valid objection to Engineer "B" adding his seal on the original
plans, provided that the document on its face indicates clearly the portion
which was added by him as distinguished from the portion which was contained
in the original design. If such clear delineation is not feasible, Engineer
"B" should prepare separate drawings, making reference to the original
drawings of Engineer "A" as may be required. In all events the respective
portions must be clearly established so that appropriate responsibility
may be assigned.
Additionally, it may be noted that Code
14 requires that no action be taken which may have the effect of depriving
another engineer of credit for his work. The usual rule in private engineering
contracts is that the engineer retains ownership of his plans and other
documents; sometimes provision is made that the Owner may obtain a set
of reproducible record prints, but may use them only in connection with
the original project and not for the purpose of subsequent extensions or
enlargements without the consent of the engineer who prepared them. Consequently,
if the contract so provided Engineer "B" would be acting improperly by
being a party to a violation of such a contract provision, and either he
or the owner should obtain the permission of Engineer "A" to Engineer "A's"
original plans for the expansion project, either by additions to the original
plans and the addition of the seal of Engineer "B" or by incorporation
by reference in separate plans.
Conclusion:
1. It would be unethical for Engineer "B" to delete the seal of Engineer
"A" and substitute his seal.
2. Engineer "B" may add his seal on the modified original plans, provided
that he clearly delineates on the plans the work for which he is responsible.
Board of Ethical Review
T. C. COOKE, P.E., JAMES HALLETT, P.E., W. S. NELSON, P.E., N. O. SAULTER,
P.E., K. F. WENDT, P.E., A. C. KIRKWOOD, P.E., Chairman
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