NSPE – National Society of Professional Engineers

Case 5 – Comments by one engineer concerning the other

Facts:

Engineer A practicing in State X requires the services of a structural engineer in State Y. Engineer A contacts Engineer B, who is the secretary of the State Y Society of professional Engineers, to request the name of an appropriate engineer in State Y to perform the required structural engineering work.

Engineer B suggests Engineer C, who Engineer A then decides to retain.

Not satisfied with the services provided by Engineer C, including Engineer C’s lack of regular communication with Engineer A, Engineer A later contacts Engineer B and tells Engineer B of his general dissatisfaction with Engineer C, but does not first communicate this displeasure to Engineer C.

Engineer A also remarks to Engineer B that he is interested in retaining the services of another structural engineer for the project.

Soon thereafter, Engineer C contacts Engineer A and expresses his strong displeasure toward Engineer A for the comments he made to Engineer B.

Issue: Whether or not Engineer A act ethically under the circumstances?

Circumstance – 2 circumstances

1. Did Engineer A act ethically in telling Engineer B that Engineer C’s work was unsatisfactory

2. Did Engineer A act ethically in not telling Engineer C that he was dissatisfied with his work?

Arguments:

1. As specified in the NSPE Code of Ethics, all engineers are obligated to respect the reputation of all other engineers. Making criticisms without relaying one’s dissatisfaction with the involved party would entail to an unethical thing to do.Loophole: Canon # 5 – Civil engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others.

Optional:

NSPE – National Society of Professional Engineers

Canon 3

Engineers shall issue public statements only in an objective and truthful manner

- Engineers, when serving as expert witnesses, shall express an engineering opinion only when it is founded upon adequate knowledge of the facts, upon a background of technical competence, and upon honest conviction.

Canon 4

Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.

- Engineers shall avoid all known or potential conflict of interest with their employers or clients and shall promptly inform their employers or clients of any business association, interests or circumstances which could influence their judgement or the quality of their service.

Canon 5

Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others.

Merit – assess something solely with regard to its intrinsic quality rather than other external factors

- Engineers should negotiate contracts for professional services fairly and on the basis of demonstrated competence and qualification for the type of professional service required.

(Engineer A should not have engaged or formed an agreement with Engineer C if a proper assessment on the qualifications of Engineer C for the specific service required was conducted. Leaning on someone’s referral does not mean that one have to follow it.

- Engineers shall not maliciously or falsely, directly or indirectly, injure the professional reputation, prospects, practice or employment of another engineer or indiscriminately criticize another’s work

Canon 7

Engineers shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those engineers under their supervision.

NSPE – National Society of Professional Engineers

Professional obligations - https://books.google.com.ph/books?id=4thCrpuz6v0C&pg=PA73&lpg=PA73&dq=Civil+engineers+shall+build+their+professional+reputation+on+the+merit+of+their+services+and+shall+not+compete+unfairly+with+others.&source=bl&ots=CKoGfaMH0I&sig=KMW7oQXI0ri0OdG2HhGTYvzl7Hw&hl=en&sa=X&ved=0CC8Q6AEwA2oVChMIr-P-_YS_yAIVYZSmCh3-NQwV#v=onepage&q=Civil%20engineers%20shall%20build%20their%20professional%20reputation%20on%20the%20merit%20of%20their%20services%20and%20shall%20not%20compete%20unfairly%20with%20others.&f=false

#4 Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve

- Engineers shall not, without the consent of all interested parties, promote or arrange for new employment or practice in connection with a specific project for which the engineer has gained particular and specialized knowledge.

- Engineers shall not, without the consent of all interested parties, participate in or represent an adversary interest in connection with a specific project or preceding in which the engineer has gained particular specialized knowledge on behalf of a former client or employer.

#7 Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action.

- Engineers in private practice shall not review the work of another engineer for the same client, except with the knowledge of such engineer, or unless the connection of such engineer with the work has been terminated.

- Engineers in governmental, industrial, or educational employ are entitled to review and evaluate the work of other engineers when so required by their employment duties.

NSPE – National Society of Professional Engineers

Thoughts from meeting (Oct. 8, 2015):

- Engineer A should not speak with Engineer B and only speak with Engineer C because of his professional

commitment. Engineer A should only talk about the matter with Engineer C. Engineer B is an outsider and has nothing to do with the matter

- Engineer A should speak with Engineer C

Because they are professionals who entered into a contract. Engineer A should foster the professional development of Engineer C since Engineer C would not know of his mistakes if he were not corrected. Engineer A deprived engineer C of this help

- Engineer A can speak with Engineer B, but Engineer A should not have ranted about the matter to Engineer B.

Engineer A should have only asked for Engineer B’s help in contacting Engineer C. Engineer B can simply relay to Engineer C that

NSPE – National Society of Professional Engineers

Engineer A wants to talk with him since Engineer B has more contact with Engineer C.

Engineer B should be aware of Engineer C’s performance so that Engineer B would be aware of his referrals’ performance to guide Engineer B in making recommendations in the future.

- Engineer A and engineer C have entered into a professional agreement, and so Engineer A should speak with Engineer C properly regarding Engineer C’s performance and Engineer A’s intention to terminate Engineer C’s employment.

NSPE – National Society of Professional Engineers

Arguments: