Ethics Cases - NIEE.org

Cases from the National Society of Professional Engineers
Board of Ethical Review

By the year: 76 | 77 |78 | 79 | 80 | 81 | 82 | 83 | 84 | 85 | 86 |
| 87 | 88 | 89 | 90 | 91 | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 00 | 01 |
| Consolidated Table of Contents |

NSPE BER Cases from 1976

Case 76-1: Review of Engineering Work by Non-registered Engineer
Case 76-2: Conflict of Interest - Engineer Ownership of Construction firm
Case 76-3: Conflict of Interest - Consultant to County Testimony Adverse to County Client
Case 76-4: Public Welfare - Knowledge of Information Damaging to Client's Interest
Case 76-5: Supplanting - Use of Second Engineer After Bankruptcy of Client
Case 76-6: Gifts to Foreign Officials
Case 76-7: Promotional Letter - Emphasis on Non-Insurance of other firms
Case 76-8: Free Engineering - Preliminary sketch and Cost Estimate of Facility
Case 76-9: Conflict of Interest - Turnkey Procedure
Case 76-10: Brochure - Distribution through Reader Service Card
Case 76-11: Contingent Contract - Fee Dependent on Lower Construction Cost
Case 76-12: Political Contributions - Solicitation by Retained Consultant
Case 76-13: Peer Evaluation of Faculty Members Under Collective Bargaining Agreement

NSPE BER Cases from 1977

Case 77-1: Use of Sales Organization on Basis of Stipulated and Percentage of Contract Amount
Case 77-2: Dual Use of Business Card
Case 77-3: Appropriate Compensation for Engineering Services
Case 77-4: Contingent Contract - Engineer Retained on Speculative Basis
Case 77-5: Use of Another's Project Study
Case 77-6: Continued Practice Under No Competition Agreement
Case 77-7: Obligation to Write Letter of Recommendation for Other Engineers
Case 77-8: Selection of Former Member of Selection Team for Promotion
Case 77-9: Favoritism in Award of Engineering Contract
Case 77-10: Value Engineering - Contingency Fee
Case 77-11: Supplanting - Promotion of Work by Former Employees
Case 77-12: Contingent Contract - Industrial Design

NSPE BER Cases from 1978

Case 78-0: Retired County Engineer Opens Consulting Practice
Case 78-1: Name of Non-Engineer in Professional Corporation
Case 78-2: Employment of Former Convicted Engineer
Case 78-3: Conflict of Interest -- Binary Service to Same Client
Case 78-4: Conflict of Interest -- Design Commissions and Fund Raising
Case 78-5: Post interview Change in Joint Venture Team
Case 78-6: Naming of Staff Engineer in Firm as Inducement for Contract
Case 78-7: Commission Basis of Payment Under Marketing Agreement
Case 78-8: Advertising of Company
Case 78-9: Conflict of Interest - Services on Same Project
Case 78-10: Related Services for Private Party Following Public Employment

NSPE BER Cases from 1979

Case 79-1: Conflict of Interest - Payment from Related Party
Case 79-2: Public Criticism - Environmental Concerns
Case 79-3: Public Communications - Exhibit at Trade Show - Tour of Construction Site
Case 79-4: Conflict of Interest - Public Advisory Board
Case 79-5: Academic Qualifications
Case 79-6: Advertising - Statement of Project Success
Case 79-7: Review of Original Engineer's Design
Case 79-8: Gift to Public Official
Case 79-9: Identification of Firm Ownership - Specification of Products of Owner
Case 79-10: Taking Over Clients of Former Employer

NSPE BER Cases from 1980

Case 80-1: Protest of Low Fee Proposal
Case 80-2: Brochure of Subsidiary Firm
Case 80-3: Designation of Engineering Firm by Public Agency
Case 80-4: Participation of Engineer with Competing Firms for Same Contract
Case 80-5: Conflict of Interest- Recommendation of Former Firm
Case 80-6: Conflict of Interest - Use of Former Public Employee

NSPE BER Cases from 1981

Case 81-1: Contingent Contract
Case 81-2: Payment for Employment
Case 81-3: Demand for Promotion Based on Transfer of Client
Case 81-4: Gifts to Engineers
Case 81-5: Advertising
Case 81-6: Grievance Procedure

NSPE BER Cases from 1982

Case 82-1: Promotional Letters
Case 82-2: Confidentiality of Engineering Report
Case 82-3: Recruitment - Finder's Fee
Case 82-4: Conflict of Interest
Case 82-5: Whistleblowing
Case 82-6: Conflict of Interest
Case 82-7: Participation in Professional and Technical Societies

NSPE BER Cases from 1983

Case 83-1: Conflict of Interest
Case 83-2: Contingent Fees
Case 83-3: Using Technical Proposal of Another Without Consent
Case 83-4: Employee Termination of Employment Job Shop
Case 83-5: Payment of Fee to Landscape Architect Above True Value of Work
Case 83-6: Reviewing Work Of Another Where

NSPE BER Cases from 1984

Case 84-1: Criticism of Another Engineer
Case 84-2: Advertising Services Of Engineering Staff
Case 84-3: Name of Firm - Use by Successor Principals
Case 84-4: Engineer's Dispute With Client Over Design
Case 84-5: Engineer's Recommendation For Full-Time, On-Site Project Representative
Case 84-6: Participation in Protest Action as Part of a Political Campaign

NSPE BER Cases from 1985

Case 85-1: Joint Authorship Of Paper
Case 85-2: Conflict of Interest - Engineer Serving On Private Hospital Board and Performing Services
Case 85-3: P.E. Requirement for County Surveyor Position
Case 85-4: Objectivity of Engin eer Retained as Expert
Case 85-5: Engineer's Duty To Report Data Relating to Research
Case 85-6: Engineer's Disclosure of Potential Conflict Of Interest

NSPE BER Cases from 1986

Case 86-1: Improper Solicitation of Work - Business Consortium
Case 86-2: Signing and Sealing Plans not Prepared by Engineers
Case 86-3: Engineer's Proposal to Act as Arbitrator in Owner/Engineer Disputes
Case 86-4: Modification of Signed and Sealed Plans by Other Than Responsible Engineer
Case 86-5: City Engineer Seeking to Retain Employees of Engineering Firm
Case 86-6: Engineer Misstating Professional Achievements On Resume

NSPE BER Cases from 1987

Case 87-1: Employment - Refusal to Accept Reassignment
Case 87-2: Disclosure of Previous Work By Consultant
Case 87-3: Conflict of Interest
Case 87-4: Gift Sharing of Hotel Suite
Case 87-5: Gift - Complimentary Seminar Registration
Case 87-6: Solicitation of Recommendation - Use of Form Letter

NSPE BER Cases from 1988

Case 88-1: Conflict of Interest - Feasibility Study
Case 88-2: Political Contributions
Case 88-3: Restrictive Employment Agreement
Case 88-4: Duty of Engineer To Provide Owner With Drawings
Case 88-5: Signing of Drawings By Engineer In Industry
Case 88-6: Whistleblowing City Engineer
Case 88-7: Public Criticism Of Bridge Safety

NSPE BER Cases from 1989

Case 89-1: Providing Prime Professional And Design Services
Case 89-2: Declining Employment After Acceptance
Case 89-3: Paying Manufacturer to Prepare Drawings
Case 89-4: Conflict of Interest -- Claim Review of Contractor
Case 89-5: Conflict of Interest -- Claim Services to City
Case 89-6: Conflict of Interest -- Chairman of Owners' Association
Case 89-7: Duty to Report Safety Violations
Case 89-8: Operation of Related Business for Nonprofessional Services

NSPE BER Cases from 1990

Case 90-1: Exploitation of Money by State Society Treasurer
Case 90-2: Expert Witness - Accusation of Unprofessional Conduct
Case 90-3: Expert Testimony in State Where Not Registered
Case 90-4: Misrepresentation of firm's Staff
Case 90-5: Failure to Report Information Affecting Public Safety
Case 90-6: Use of CADD System
Case 90-7: Conflict of Interest -- Furnishing Limited Advice

NSPE BER Cases from 1991

Case 91-1: Employment -- Withdrawal of Offer
Case 91-2: Contingent Contract -- Errors & Omissions
Case 91-3: Engineer Employee's Refusal to Provide Report
Case 91-4: Marketing Survey by Engineering Firm
Case 91-5: Engineering Student Serving as Consultant to University
Case 91-6: Conflict of Interest -- Hazardous Waste Services
Case 91-7: Indemnification -- Product Specification
Case 91-8: Certification of work Performed by Technician
Case 91-9: Misrepresentation of Education

NSPE BER Cases from 1992

Case 92-1: Credit For Engineering Work -- Design Competition
Case 92-2: Advertising -- Misstating Credentials
Case 92-3: Brokerage of Engineering Services -- Building Inspection Services
Case 92-4: Public Welfare -- Duty of Government Engineer
Case 92-5: Conflict of Interest -- Community Service
Case 92-6: Public Welfare -- Hazardous Waste
Case 92-7: Credit for Engineering Work -- Research Data
Case 92-8: Attempt to Influence Prospective City-Client
Case 92-9: Use of Disadvantaged Firm After Learning of Impropriety

NSPE BER Cases from 1993

Case 93-1: Copycat
Case 93-2: Registration -- Implying Registration in Another State
Case 93-3: Appropriate Notification and Review of Another Engineer's Work
Case 93-4: Engineer's Duty as Interpreter of Contract Documents
Case 93-5: Contingency Fees -- Directing Services RE: Litigation
Case 93-6: Conflict-of-Interest -- Providing Views On Feasibility of Project
Case 93-7: Agreement Not to Disclosure Data, Findings, Conclusions
Case 93-8: Use of Broad Indemnification Clause For Pollution Services
Case 93-9: Providing Litigation Support Services to Attorney

NSPE BER Cases from 1994

Case 94-1: Conflict-of-Interest -- Engineer Retained by State
Case 94-2: Professional Service Contact Negotiations
Case 94-3: Engineering Consultant Serving an Equipment Manufacturing Sales Representative
Case 94-4: Testimony RE: Safety Standards
Case 94-5: Conflict of Interest Providing Both City Engineer and Inspection Service
Case 94-6: Signing and Sealing Another Engineer's Plan
Case 94-7: Disclosure of Client Information to Insurance Company
Case 94-8: Competence to Perform Foundation Design
Case 94-9: Conflict-of-Interest -- Accident Reconstruction Services
Case 94-10: Conflict-of-Interest -- Registration -- Not Licensed in State
Case 94-11: Disclosure and Participation as Government Official on Work Related to Former Firm
Case 94-12: P.E. Requirement for State Agency Position

NSPE BER Cases from 1995

Case 95-1: Design/Build -- Possible Compromise of Professional Judgement
Case 95-2: Engineering Research -- Client Changes to Report
Case 95-3: Promotional Efforts -- Providing Referral Fees to a Contractor
Case 95-4: Conflict-of-Interest -- Disclosure to a Client a Relationship With Another Client
Case 95-5: Failure to Include Information in Engineering Report
Case 95-6: Conflict-of-Interest -- Engineering Services by Trustee of College
Case 95-7: Authorship of Article -- Misleading Reference
Case 95-8: Use of Misleading Advertisement in Connection Employment With an Affirmative Action Procedure
Case 95-9: Conflict-of-Interests -- Services to a Village

NSPE BER Cases from 1996

Case 96-1: Misrepresentation of a Business Relationship
Case 96-2: Use of Specific Indemnification Clause for Hazardous Waste Services
Case 96-3: Use of Specific Indemnification Clause for Hazardous Waste Services
Case 96-4: Software Design Testing
Case 96-5: Gifts to Foreign Officials
Case 96-6: Use of Guide Specification as a Design Specification
Case 96-7: Conflict of Interest Returning Retainer Prior to Accepting Another Assignment
Case 96-8: Peer - Review -- Confidentiality Agreements
Case 96-9: Reference to "Member" of Professional Society
Case 96-10: Comments by one Engineer Concerning Another
Case 96-11: Advertising -- Promotional Reference to Work and Clients of Previous Employers

NSPE BER Cases from 1997

Case 97-1: Responsible Charge: Working Part-time for a Firm
Case 97-2: Former Employer Establishing A New Firm -- Soliciting Former Clients After A Period Of Time Has Elasped
Case 97-3: Conflict of Interest - Obligations of Engineer On A Defaulted
Case 97-4: Conflict of Interest - Reviewing Own Work - Failure to Disclose Property of Ownership/Relationship of Developer
Case 97-5: Signing a Confidentiality Agreement: Duty to Disclose Danger to the Public Health
Case 97-6: Use of Title "Engineer" - Refusing to Sign/Seal Documents
Case 97-7: Signing/Sealing Documents Following Company Reorganization
Case 97-8: Misrepresentation: Retired P.E. Using P.E. Designation
Case 97-9: Restrictive Employment Agreement: Crossing Out References
Case 97-10: Payment of Referral Fee for Being Selected by Engineer
Case 97-11: Duty to Disclose Disciplinary Complaint to Client
Case 97-12: Copyright - Duty to Report Violation of Copyright Liscensing Agreement
Case 97-13: Duty to Report Unrelated Information Observed During Rendering of Services

NSPE BER Cases from 1998

Case 98-1: Serving As Design Engineer and General Contractor
Case 98-2: Gifts to Foreign Officials - Application of Code of Ethics to Non-U.S. Engineers
Case 98-3: Use of CD-ROM For Highway Design
Case 98-4: Expert Witness Testimony - Serving Plaintiffs and Defendants
Case 98-5: Public Health and Safety - Code Enforcement
Case 98-6: Use of Slogans In Political Campaigns, Etc.
Case 98-7: Expert Witness Services
Case 98-8: Competence to Certify Arms Storage Rooms
Case 98-9: Duty to Report Unsafe Conditions/Client Request
Case 98-10: Withdrawn by Board of Ethical Review
Case 98-11: Conflict of Interest - Specifying Equipment of Company Owned By Engineer

NSPE BER Cases from 1999

Case 99-1: Conflict of Interest –Soliciting Former Clients through an Employee
Case 99-2: Conflict of Interest –Failure to Disclose Other Business Interest
Case 99-3: Employment – Failure to Disclose Details of Outside Business
Case 99-4: Providing Design to Client's Competitor
Case 99-5: Employment Practices –Soliciting Competitor's Employees
Case 99-6: Employee's Failure to Inform Employer of New Employment with Employer's Vendor
Case 99-7: Disclosure – Advising Client to Exercise Judgment When Disclosing Information to Engineer
Case 99-8: Incomplete Plans and Specifications - Engineer, Government, and Contractor Responsibilities
Case 99-9: Conflict of Interest - Specifying Equipment - with Ownership Interest
Case 99-10: Reviewing and Redesigning the Work of Another Engineer
Case 99-11: Use of Alleged Hazardous Material in a Processing Facility
Case 99-12: Licensure Reference
Case 99-13: Copyright - Duty to Report Violation of Copyright Licensing Agreement

NSPE BER Cases from 2000

Case 00-1:   Misrepresentation/Misappropriation of Another Engineer's Work
Case 00-2:   Recounciling Design Drawings and Record Drawings
Case 00-3:   Services - Same Services for Different Clients
Case 00-4:   Confronting Former Employee for Improper Conduct
Case 00-5:   Public Welfare - Bridge Structure
Case 00-6:   Expert Witness Formerly for Utility now Testifying for Consumer
Case 00-7:   Expert Witness: Agreement to Refuse to Testify
Case 00-8:   Modification of Code Report Relating to Nuclear Facility Chiller Design
Case 00-9:   Employment - Offer of Employment by Vendor
Case 00-10: Contigency Fees - Engineer/Attorney Hiring Engineering Expert
Case 00-11: Duty of Engineer Regarding Inspection of Client's Work Involved in Inspection and Reanalysis
Case 00-12: Review by Engineer of Work of Design Engineer for Client

NSPE BER Cases from 2001

Case 01-1:   Employment – Questioning Ability of Former Employer to Meet Client's Expectations
Case 01-2:   Conflict-of-Interest Third Party Developer
Case 01-3:   Use of P.E. Designation - Not Licensed in State in which Complaint is Filed
Case 01-4:   Patents - Dispute over Right to Specify
Case 01-5:   Conflict of Interest - Utility Audits for City
Case 01-6:   Confidentiality - Records Relating to Services to Former Client
Case 01-7:   Conflict of Interest - Privatization of Plan Reviews
Case 01-8:   Associating with a Firm not Authorized to Practice
Case 01-9:   Reference - Quid Pro Quo
Case 01-11: Conflict of Interest – Consultant Serving as City Engineer
Case 01-12: Employment - Information Gained from Abet Visitation

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