Obligation-Conflict Resolution
Case 23-2 (2023) · Excess Stormwater Runoff
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Principal Engineer R Professional Accountability Directed Stormwater Design
prevails over
Principal Engineer R Post-Error Independent Verification IBM Analysis
the yielding obligation gives way only under (defeasibleUnder):
- Engineer R Error Acknowledgment Obligation
City Engineer J Objectivity Plan Review BWJ Subdivision
prevails over
City Engineer J Former Employer Loyalty Boundary BWJ Transition
the yielding obligation gives way only under (defeasibleUnder):
- Conflict of Interest State — City Engineer J
- Engineer J Temporal Gap Mitigation
Principal Engineer R Error Acknowledgment Stormwater Runoff Exceedance
prevails over
Principal Engineer R Post-Error Independent Verification IBM Analysis
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer R Error Acknowledgment Obligation
Firm BWJ Regulatory Stormwater Compliance Remediation City C Subdivision
prevails over
Principal Engineer R Regulatory Compliance Verification Stormwater Design
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Subdivision Stormwater Regulatory Non-Compliance
Featured
Principal Engineer R Proactive Risk Disclosure Client Post-Error Discovery
prevails over
Principal Engineer R Post-Error Independent Verification IBM Analysis
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer R Error Acknowledgment Obligation
Open tensions recorded without a resolution:
City Engineer J Conflict of Interest Recusal Former Employer BWJ Review vs City Engineer J Former Employer Loyalty Boundary BWJ Transition
City Engineer J Conflict of Interest Recusal Former Employer BWJ Review vs City Engineer J Objectivity Plan Review BWJ Subdivision
What the board concluded
- Given the facts, the Board interprets that Engineer J's transition from the private sector to the public sector was not recent and there does not appear to be a conflict between J's former work at BWJ and their current work for City C.
- Although flood damage and independent consultant Firm IBM's analysis show larger flows, Principal Engineer R and Principal Engineers R's firm should confirm whether an error exists – essentially, they should re-review Firm IBM's analysis. If Firm BWJ determines they made a mistake, Principal Engineer R is responsible to acknowledge errors.
How comparable cases resolved the same tension
Principal Engineer R Post-Error Independent Verification IBM Analysis yields to Principal Engineer R Proactive Risk Disclosure Client Post-Error Discovery. The yielding obligation ("Principal Engineer R Post-Error Independent Verification IBM Analysis") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
16-7
Expert Witness—Discovery of New Data...
|
Engineer A Honesty in Professional Representations Forensic Report Correction | Engineer A Faithful Agent Boundary in Forensic Report Error Correction | Engineer A Competing Duties — Truthfulness vs. Attorney Reliance; Engineer A Post-Submission Report Error Discovery |
|
22-1
Unlicensed Practice by Nonengineers with...
|
BER Case 92-2 EI Timely Misrepresentation Correction Escalation Obligation Instance | BER Case 92-2 EI Engineer Intern Misrepresentation Correction Obligation Instance | Engineer Intern Credential Misrepresentation in Firm Advertising |
|
16-3
Professional Selection—Receipt of...
|
Engineer A QBS Deadline Strict Enforcement Firm B Rejection | Engineer A Harmless Error Non-Exception Firm B Submittal | Late SOQ Submission Outside Formal Process |
|
17-3
Public Health, Safety and...
|
Non-Engineer Override Resistance Escalation Engineer A BER 00-5 Bridge | Crutch Pile Adequacy Verification Collaborative Engineer A BER 00-5 Consulting Firm | Bridge Closure Non-Engineer Override — BER Case 00-5 |
|
22-8
Independence of Peer Reviewer
|
Engineer A Safety Review Consent | Engineer A Error Acknowledgment Cooperation | -- |