Obligation-Conflict Resolution

Case 86-4 (1986) · Modification of Signed and Sealed Plans by Other Than Responsible Engineer

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

No obligation was overridden in this case: the board resolved the apparent tension without defeat, as recorded below.

Resolved without defeat

The board resolved the apparent tension here by setting a duty's boundary (specification) or by finding no genuine conflict on the facts (dissolution), rather than by allowing one obligation to prevail over another.

specification
Analytical conclusion 1: The Board resolved the tension between Peer Review Withou...
Because Engineer B's freedom to accept the assignment without contacting Engineer A concerned only the acceptance stage, the Board concluded that this permission could not excuse the separate and non-negotiable duty to attribute the changes once the redesign work was actually performed.
What the board concluded
  • Engineer B was not unethical in performing services for the client without first notifying Engineer A.
  • Engineer B was unethical in making changes on specific sheets of a set of drawings without clearly indicating those changes.
  • Engineer B was unethical in failing to note his assumption of full responsibility for the entire set of drawings.
Recorded violations: Undocumented Grading Plan Modification violates Engineer B Full Design Responsibility Duty Vague Responsibility Notation violates Engineer B Full Design Responsibility Duty Undocumented Grading Plan Modification violates Engineer B Change Notation Duty Vague Responsibility Notation violates Engineer B Change Notation Duty Undocumented Utility Design Changes violates Engineer B Full Design Responsibility Duty Undocumented Utility Design Changes violates Engineer B Change Notation Duty