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
Engineer B Original Seal Removal Upon Material Alteration Public Improvement Plans
prevails over
Subdivision Client Sealed Plan Transfer Non-Authorization of Successor Alteration Case 82-5
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Original Plans Transferred to Client and Successor
Engineer B Fundamental Redesign Full Design Accountability Assumption Case 82-5
prevails over
Engineer B Discharged Engineer Review Without Notification Permissibility Case 82-5
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Seal Retained on Engineer B Altered Grading Plans
- Engineer A Seal Retained on Engineer B Altered Public Improvement Plans
- Engineer B Undocumented Redesign on Engineer A Plans
Engineer B Public Welfare Paramount Subdivision Plan Integrity Safety Obligation
prevails over
Subdivision Development Client Sealed Plan Transfer Non-Authorization of Successor Alteration
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Original Plans Transferred to Client and Successor
Engineer B Mixed-Authorship Successor Design Attribution Case 82-5
prevails over
Subdivision Client Sealed Plan Transfer Non-Authorization of Successor Alteration Case 82-5
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Original Plans Transferred to Client and Successor
Engineer B Original Seal Removal Upon Material Alteration Grading Plans
prevails over
Subdivision Client Sealed Plan Transfer Non-Authorization of Successor Alteration Case 82-5
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Original Plans Transferred to Client and Successor
Engineer B Public Welfare Paramount Subdivision Plan Integrity Safety Obligation
prevails over
Subdivision Client Sealed Plan Transfer Non-Authorization of Successor Alteration Case 82-5
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Original Plans Transferred to Client and Successor
Featured
Engineer A Sealed Report Unauthorized Alteration Correction and Notification Case 82-5
prevails over
Engineer B Serious Violation Collegial Pre-Reporting Engagement Non-Requirement Recognition
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Undocumented Redesign on Engineer A Plans
Engineer B Sealed Document Modification Documentation Obligation Case 82-5
prevails over
Engineer B Vague Title-Sheet Disclaimer Insufficiency Public Improvement Plans
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer B Vague Title Sheet Responsibility Notation
- Engineer B Vague Title Sheet Responsibility Note
Engineer B Successor Engineer Prior-Engineer Communication Before Redesign
prevails over
Engineer B Discharged Engineer Review Without Notification Permissibility Case 82-5
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Seal Retained on Engineer B Altered Grading Plans
- Engineer A Seal Retained on Engineer B Altered Public Improvement Plans
- Engineer B Undocumented Redesign on Engineer A Plans
Open tensions recorded without a resolution:
Engineer B Discharged Engineer Review Without Notification Permissibility Case 82-5 vs Engineer B Post-Discharge Collegial Consultation Prudential Obligation Case 82-5
Engineer B Fundamental Redesign Full Design Accountability Assumption Case 82-5 vs Engineer B Original Seal Removal Upon Material Alteration Grading Plans
Engineer B Fundamental Redesign Full Design Accountability Assumption Case 82-5 vs Engineer B Original Seal Removal Upon Material Alteration Public Improvement Plans
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.
How comparable cases resolved the same tension
Engineer B Serious Violation Collegial Pre-Reporting Engagement Non-Requirement Recognition yields to Engineer A Sealed Report Unauthorized Alteration Correction and Notification Case 82-5. The yielding obligation ("Engineer B Serious Violation Collegial Pre-Reporting Engagement Non-Requirement Recognition") 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) |
|---|---|---|---|
|
02-11
Duty To Report Violation—Anonymous Complaint
|
Engineer A Current Case Self-Policing Foundational Reporting Duty | Engineer A Collegial Pre-Reporting Engagement Non-Requirement Serious Violation BER Case | Engineer A Peer Violation Observation State |
|
22-4
Duty to Report Misconduct
|
Project-Level Attribution Obligation XYZ Engineers Engineer B State Z Proposals | Qualification Proposal Misrepresentation Non-Commission Obligation XYZ Engineers State Q | Engineer B State Q Attribution Ambiguity |
|
92-6
Public Welfare - Hazardous Waste
|
Engineer B Safety Obligation Hazardous Waste Public Welfare | Engineer B Business Relationship Non-Justification Regulatory Reporting | Business-Relationship Preservation Displacing Regulatory Reporting |
|
90-4
Misrepresentation Of Firm's Staff
|
Non-Key-Employee Brochure Listing Contextual Permissibility Applied to Engineer X | Key Employee Brochure Listing Violation by Engineer B in BER 83-1 | Engineer X Departure from Firm Y — Brochure Not Updated |
|
73-9
Endorsement of Project by Local Chapter
|
Engineers A and B Compensated Civic Engineering Participation Permissibility | Engineers A and B Professional Affiliation Non-Exploitation Threshold Assessment | Engineers A and B Professional Affiliation Advantage Threshold; Engineers A and B Professional Society Endorsement Solicitation |