Modification of Signed and Sealed Plans by Other Than Responsible Engineer

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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.

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The issue of one engineer reviewing the work of another engineer has been the subject of many Board decisions over the years. Section III.8.a. admonishes engineers against reviewing the work of another engineer for the same client except with the expressed knowledge of the engineer or unless the original relationship between the first engineer and the client has been terminated. In Case 79-7 an engineer was asked to inspect mechanical and electrical engineering work performed seven years earlier. The Board concluded that the engineer notified the former engineer that the engineer was being retained to perform review and inspection services and that the review would entail a review of the original design. Said the Board: "It may be helpful for future guidance to again point out that the purpose of Section 12(a) (now Section III.8.a.) is to provide the engineer whose work is being reviewed by another engineer an opportunity to submit ... comments or explanations for... technical decision, thereby enabling the reviewing engineer to have the benefit of a fuller understanding of the technical considerations in the original design in framing . . . comments or suggestions for the ultimate benefit of the client." While the facts of Case 79-7 are different from those in the instant case in that in the instant case the client clearly discharged Engineer A from his services, we think that many of the reasons for Section III.8.a. as stated in Case 79-7 are relevant to the discussion of the facts present in this case. While this Board concedes that Engineer B did not act unethically in agreeing to review the work of Engineer A without notifying Engineer A, we are troubled by much of the actions undertaken by Engineer B subsequent to his review of Engineer A's work. While it is true that Engineer A had been "discharged" by the client, Engineer A still maintained a connection with the work which he had performed by virtue of the fact that the client passed along Engineer A's wor...

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Some of Engineer A's work was retained. Engineer B did not originate that work and was not in responsible charge of it. Also, case facts indicate Engineer B reviewed A's work without benefit of the basis of design, design calculations, and technical specifications. Pertinent to this case, but not covered in the case text, is Code II.2.c. requiring each technical segment of a project to be "signed and sealed only by the qualified engineer who prepared the segment." There appears to be no major difference in ethical concept between identifying responsibility for each technical segment and this case where Engineers A and B, of different business entity, contributed to project design. Under these conditions Engineer B could not ethically assume responsibility for the entire design. Dissenting Opinion: This case is one of many which can be expected to produce painful conflicts for the engineering profession in the marketplace of liability. The high public esteem which our profession has enjoyed in public opinion polls is due, in part, to the premise that the interest of the public and the client is paramount, and this view has been reaffirmed in numerous BER opinions. Question 3 poses a particularly ominous dilemma for the practicing professional and clearly delineates a conflict between ethical standards of the highest order and legal liability. Section III.9. brings this issue into sharp focus on the instant case. A literal application of this Code section was applied in the majority opinion on Question 3. It is obvious, however, that such a strict application places Engineer B in an untenable position of " . . . accept(ing) personal responsibility for all professional activities," a position of virtually unlimited liability thrust upon him by the manner in which his client chose to handle the situation. To argue that III.9. can be applied equally to Engineer A is to negate the application of III.8.a. to Question 1. On Question 3 the Board should have found that Eng...

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Engineer A prepared subdivision plans for a client. These plans included a 5-sheet set of grading plans and a 38-sheet set of public improvement plans. Each set had a cover sheet and all sheets in each set were signed and sealed by Engineer A.The client was not satisfied with the plans, so he discharged Engineer A after paying the complete fee for production of the plans. The client asked Engineer A for his original drawings. Engineer A complied, retaining a set of reproducibles.Engineer B was later retained by the client to review and redesign the project. The client gave Engineer B the set of plans produced by Engineer A to use as a guide in the redesign.Engineer B reviewed the original drawings, made changes on the grading plans, including deletion of one sheet, raising the elevation of the housing pads and changing routing of the street. Engineer B did not note what changes were made nor did he sign any of the sheets, including the cover sheet.Engineer B also made major design changes to the storm drains, pipe dimensions, sewers, and utilities in the public improvement plans. He made no notation of the changes, did not sign the plans, and left Engineer A's seal and signature intact.Engineer B placed a note on the title sheet of the public improvement plans, leaving Engineer A's signature and seal intact, stating that he, Engineer B, is taking responsibility for the "revisions of the plans," making no notation what those changes were.At no time after Engineer B was retained were there any communications between the two engineers.

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Was Engineer B unethical in performing services for the client without notifying Engineer A? Was Engineer B unethical in making changes on specific sheets of a set of drawings without clearly identifying those changes? Was Engineer B unethical in failing to note his assumption of responsibility for the entire set of drawings?
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Roles R
w=0.12 384D
Engineer A Discharged Original Design Engineer
Prepared a complete 5-sheet grading plan set and 38-sheet public improvement plan set for a subdivision client,...
Subdivision Project Redesign Client Individual
Discharged Engineer A after full fee payment due to dissatisfaction; passed Engineer A's original signed and sealed...
Discharged Original Design Engineer with Retained Seal
A licensed professional engineering role in which an engineer prepares, signs, and seals a complete set of...
Subdivision Development Client
Commissioned original subdivision plans from Engineer A, discharged Engineer A after full fee payment due to...
Undocumented Alteration Successor Design Engineer
A licensed professional engineering role in which an engineer is retained by a client to review and redesign a...
Subdivision Project Redesign Client
A client stakeholder role borne by a property developer or owner who commissions an original set of subdivision...
Engineer B Undocumented Alteration Successor Design Engineer
Retained by the client to review and redesign the subdivision project using Engineer A's sealed plans as a guide....
7 entities
Principles P
w=0.2 384D
Change Notation Specificity Violation by Engineer B on Title Sheet
Engineer B's notation on the title sheet of the public improvement plans that he was 'taking responsibility for the...
Vague Responsibility Assumption Insufficiency Invoked Against Engineer B
Engineer B's general title-sheet notation claiming responsibility for 'revisions' was insufficient because it did...
Responsible Charge Integrity Violated by Engineer B
Engineer B made major design changes to grading plans, storm drains, pipe dimensions, sewers, and utilities across a...
Responsible Charge Integrity Invoked for Engineer B Full Design Accountability
Engineer B's failure to acknowledge responsibility for the full design through notations on the drawings - and his...
Successor Engineer Sealed Plan Alteration Without Attribution Prohibition
Professional principle prohibiting a successor engineer from making substantive design changes to another engineer's...
Sealed Document Post-Alteration Correction Demand Obligation for Engineer A
Upon learning that Engineer B had made major design changes to all plan sets while leaving Engineer A's seal and...
Engineering Self-Policing Obligation Applied to Engineer A's Discovery of Seal Misuse
Engineer A, upon learning that Engineer B had made major undocumented changes to both plan sets while leaving...
Collegial Pre-Reporting Engagement Obligation for Engineer A Toward Engineer B
Before escalating to formal reporting to the licensing authority, Engineer A should first engage Engineer B directly...
Post-Discharge Collegial Consultation Prudential Norm Applied to Engineer B
Although Engineer B was not ethically prohibited from reviewing Engineer A's work after Engineer A's discharge, the...
Holistic Design Responsibility Invoked Against Engineer B Subdivision Redesign
Engineer B made fundamental changes to grading plans, housing pads, street routing, storm drains, pipe dimensions,...
Mixed-Authorship Attribution Violation by Engineer B
Engineer B used Engineer A's sealed plans as a guide and produced a redesigned plan set that commingled Engineer A's...
Inter-Engineer Communication Obligation in Sequential Design Engagement
Relational principle requiring that when a successor engineer is retained to review and redesign work previously...
Successor Engineer Sealed Plan Alteration Without Attribution Prohibition Applied to Engineer B
Engineer B made major changes across both plan sets - deleting a sheet, raising housing pad elevations, rerouting...
Vague Responsibility Assumption Insufficiency for Sealed Plan Modification
Professional principle establishing that a general or non-specific declaration by a successor engineer that they...
Vague Responsibility Assumption Insufficiency Applied to Engineer B's Title Sheet Note
Engineer B's note on the title sheet of the public improvement plans claiming responsibility for 'revisions of the...
Original Engineer Seal Integrity Right Upon Discharge
Relational principle establishing that a licensed engineer who has been discharged by a client after completing and...
Stamped Document Ongoing Accountability of Engineer A
Engineer A's seal and signature, left intact on materially altered plans, continued to represent a public...
Inter-Engineer Communication Obligation Violated by Engineer B
Engineer B was retained to review and redesign a subdivision project using Engineer A's sealed plans as a guide, but...
Original Engineer Seal Integrity Right of Engineer A
Engineer A, having been discharged and having transferred the original drawings to the client while retaining...
Honesty in Professional Representations Violated by Engineer B's Vague Disclaimer
Engineer B's title-sheet note claiming responsibility for 'revisions of the plans' without specifying what was...
Public Welfare Paramount in Subdivision Plan Integrity
The integrity of subdivision plans - including grading, street routing, storm drains, sewers, and utilities -...
Professional Accountability of Engineer B for Redesign Decisions
Engineer B, having made major design changes to both plan sets, bore full professional accountability for those...
Client Direction Does Not Authorize Ethical Violation in Plan Transfer
The client's act of transferring Engineer A's sealed plans to Engineer B and directing Engineer B to use them as a...
Holistic Design Responsibility Upon Fundamental Modification Principle
Professional accountability principle establishing that when an engineer makes fundamental changes to core elements...
Mixed-Authorship Design Document Attribution Obligation
Professional honesty and transparency principle establishing that when an engineer produces engineering documents...
Post-Discharge Collegial Consultation Prudential Principle
Relational principle establishing that even when a client has formally discharged an original engineer and the...
Change Notation Specificity Requirement in Successor Design Obligation
Professional accountability principle establishing that when a successor engineer makes modifications to another...
Peer Review Purpose Articulated in Case 79-7 Precedent
The Board cited Case 79-7 to articulate that the purpose of the peer review notification requirement is to give the...
Technically True But Misleading Conduct Applied to Engineer B Title Sheet Notation
Engineer B's title sheet notation that he was 'taking responsibility for the revisions' was literally true but...
Original Engineer Seal Integrity Right Invoked for Engineer A Upon Discharge
Engineer A, having been discharged after completing and sealing a full set of subdivision plans, retained a...
30 entities
Obligations O
w=0.15 384D
Subdivision Development Client Sealed Plan Transfer Non-Authorization of Successor Alteration
The client's act of transferring Engineer A's sealed drawings to Engineer B and directing Engineer B to use them as...
Engineer B Mixed-Authorship Successor Design Attribution Case 82-5
Engineer B was obligated to clearly identify and differentiate in the redesigned plan set which design elements...
Subdivision Client Sealed Plan Transfer Non-Authorization of Successor Alteration Case 82-5
The subdivision client's act of transferring Engineer A's signed and sealed drawings to Engineer B and directing...
Engineer B Successor Engineer Prior-Engineer Communication Before Redesign
Engineer B was obligated to communicate with Engineer A before making substantive design changes to Engineer A's...
Engineer B Peer Engineer Sealed Document Modification Prior Consent
Engineer B was obligated to confer with and obtain the approval of Engineer A before making any substantive...
Engineer A Sealed Report Alteration Investigation and Correction Demand
Upon learning that Engineer B had made major design changes to both plan sets while leaving Engineer A's seal and...
Engineer A Discharged Engineer Sealed Plan Post-Alteration Licensing Authority Reporting
Upon learning that Engineer B had made major undocumented changes to both plan sets while leaving Engineer A's seal...
Engineer B Original Seal Removal Upon Material Alteration Grading Plans
Engineer B was obligated to remove or clearly supersede Engineer A's seal and signature on each sheet of the grading...
Engineer B Original Seal Removal Upon Material Alteration Public Improvement Plans
Engineer B was obligated to remove or clearly supersede Engineer A's seal and signature on each sheet of the public...
Engineer B Discharged Engineer Review Without Notification Permissibility Case 82-5
Engineer B was not ethically required to notify Engineer A before reviewing Engineer A's work, because Engineer A...
Client Sealed Plan Transfer Non-Authorization of Successor Alteration Obligation
Recognition that a client's act of transferring an original engineer's signed and sealed drawings to a successor...
Successor Engineer Prior-Engineer Communication Before Redesign Obligation
Duty of a licensed professional engineer retained to review and redesign a project using another engineer's sealed...
Successor Engineer Sealed Plan Unsigned Alteration Prohibition Obligation
Duty of a licensed professional engineer who makes substantive design changes to another engineer's sealed plan set...
Engineer A Inadvertent Licensure Violation Collegial Counsel Before Reporting Toward Engineer B
Before escalating to formal reporting to the licensing authority, Engineer A should first engage Engineer B directly...
Vague Title-Sheet Disclaimer Insufficiency for Sealed Plan Modification Obligation
Duty of a licensed professional engineer who makes substantive changes to another engineer's sealed plan set to...
Discharged Engineer Sealed Plan Post-Alteration Licensing Authority Reporting Obligation
Duty of a licensed professional engineer who discovers that their signed and sealed plan set has been materially...
Successor Engineer Original Seal Removal Upon Material Sheet Alteration Obligation
Duty of a licensed professional engineer who makes material design changes to any sheet of another engineer's sealed...
Engineer B Sealed Plan Unsigned Alteration Prohibition Grading Plans
Engineer B was obligated to sign and seal each sheet of the grading plan set that he materially altered - including...
Engineer B Sealed Plan Unsigned Alteration Prohibition Public Improvement Plans
Engineer B was obligated to sign and seal each sheet of the public improvement plan set that he materially altered -...
Engineer B Vague Title-Sheet Disclaimer Insufficiency Public Improvement Plans
Engineer B was obligated to provide specific, itemized documentation of all changes made to Engineer A's public...
Engineer B Sealed Document Modification Documentation Grading Plans
Engineer B was obligated to identify and document all changes made to Engineer A's grading plans - including the...
Engineer B Sealed Document Modification Documentation Public Improvement Plans
Engineer B was obligated to identify and document all changes made to Engineer A's public improvement plans -...
Engineer B Responsible Charge Integrity Non-Delegation Public Improvement Plans
Engineer B was obligated to ensure that his modifications to Engineer A's sealed public improvement plans were made...
Engineer A Stamped Document Continuing Technical Accountability
Engineer A retained ongoing professional accountability for the technical integrity of the sealed plan sets even...
Engineer B Serious Violation Collegial Pre-Reporting Engagement Non-Requirement Recognition
Engineer A must recognize that while collegial pre-reporting engagement is generally appropriate for inadvertent...
Engineer B Public Welfare Paramount Subdivision Plan Integrity Safety Obligation
Engineer B was obligated to hold paramount the safety, health, and welfare of the public in the redesign of...
Engineer B Fundamental Redesign Full Design Accountability Assumption Case 82-5
Engineer B was obligated to acknowledge and assume professional accountability for the entire integrated subdivision...
Discharged Engineer Review Without Notification Permissibility Recognition Obligation
Duty of a licensed professional engineer and of ethics adjudicators to recognize that when a client has formally and...
Post-Discharge Collegial Consultation Prudential Obligation
Duty of a licensed professional engineer retained to redesign a project using a discharged engineer's sealed plans...
Fundamental Redesign Full Design Accountability Assumption Obligation
Duty of a licensed professional engineer who makes fundamental changes to core elements of another engineer's design...
Mixed-Authorship Successor Design Attribution and Differentiation Obligation
Duty of a licensed professional engineer who produces engineering documents by combining elements of another...
Successor Redesign Deceptive Omission of Change Specificity Prohibition Obligation
Duty of a licensed professional engineer who makes substantive design changes to another engineer's sealed plan set...
Engineer B Post-Discharge Collegial Consultation Prudential Obligation Case 82-5
Engineer B was prudentially obligated - though not strictly required - to consult with Engineer A before undertaking...
Engineer B Sealed Document Modification Documentation Obligation Case 82-5
Engineer B was obligated to make all necessary notations of changes made to Engineer A's sealed plans - specifically...
Engineer B Successor Redesign Deceptive Omission of Change Specificity Case 82-5
Engineer B was obligated to refrain from misleading conduct - whether intentional or unwitting - arising from the...
Engineer A Sealed Report Unauthorized Alteration Correction and Notification Case 82-5
Engineer A, upon learning that Engineer B had made major undocumented changes to both plan sets while leaving...
36 entities
States S
w=0.1 384D
Engineer B Undocumented Redesign on Engineer A Plans
Engineer B's redesign engagement across both the grading and public improvement plan sets
Engineer A Seal Retained on Engineer B Altered Grading Plans
The 5-sheet grading plan set originally sealed by Engineer A, substantially modified by Engineer B
Engineer B Mixed-Authorship Design Submission Without Delineation
The design documents submitted by Engineer B combining Engineer A's original work with Engineer B's modifications
Engineer A Seal Retained on Engineer B Altered Public Improvement Plans
The 38-sheet public improvement plan set originally sealed by Engineer A, substantially modified by Engineer B
Absence of Communication Between Engineer A and Engineer B During Redesign
The professional relationship (or lack thereof) between Engineer A and Engineer B throughout the redesign engagement
Engineer A Discharged But Work Product Transmitted to Engineer B
Engineer A's professional relationship to the project after discharge
Engineer B Vague Title Sheet Responsibility Notation
Engineer B's title sheet notation claiming responsibility for 'revisions of the plans' without specifying what those...
Engineer B Partial Responsibility Claim for Whole-Impact Modifications
Engineer B's position that he bore responsibility only for his specific modifications, not for the integrated design...
Engineer B Vague Title Sheet Responsibility Note
The title sheet of the public improvement plans bearing Engineer B's unspecified responsibility note alongside...
Engineer A Post-Discharge Continuing Seal Exposure
Engineer A's professional status following discharge by the client, with sealed plans now in active use by a...
Engineer A Original Plans Transferred to Client and Successor
Engineer A's original drawings and reproducibles, now in possession of the client and used by Engineer B
Inter-Engineer Communication Absent - Engineer B Modifying Engineer A's Plans
Absence of any communication between Engineer B and Engineer A during Engineer B's redesign of Engineer A's sealed plans
Partial Responsibility Claim Insufficient for Whole-Design Impact State
State in which a successor engineer has claimed responsibility only for specific modifications made to a...
Discharged Engineer Residual Connection via Passed Work Product State
State in which an engineer has been formally discharged by a client, yet retains a professional connection to the...
Predecessor Engineer Seal Retained on Substantially Altered Plans State
State in which a successor engineer has made substantial design changes to plans bearing a predecessor engineer's...
Successor Engineer Undocumented Redesign on Predecessor Plans State
State in which a successor engineer has performed substantial redesign work using a predecessor engineer's plans as...
Vague Successor Responsibility Claim Without Change Specification State
State in which a successor engineer has placed a general note on a plan set claiming responsibility for 'revisions'...
Inter-Engineer Communication Absent During Active Redesign State
State in which a successor engineer is actively redesigning a predecessor engineer's sealed plans, yet no...
Undifferentiated Mixed-Authorship Design Submission State
State in which a successor engineer has submitted design documents that intermingle the predecessor engineer's...
19 entities
Resources Rs
w=0.1 384D
Signed-Sealed-Report-Integrity-Standard-Instance
Governs the inviolability of Engineer A's sealed plans and the prohibition on Engineer B leaving Engineer A's seal...
BER-Case-Precedent-Plan-Alteration
Analogical precedents from the NSPE Board of Ethical Review addressing situations where engineers altered or used...
Professional-Report-Integrity-Standard-Instance
Governs Engineer B's obligation to accurately and completely represent the authorship and scope of changes in the...
BER-Case-79-7
Established the rationale for Section III.8.a. (formerly Section 12(a)): that the original engineer must be notified...
Plan Alteration Attribution Standard
Professional norms and ethical obligations governing the requirement that an engineer who modifies, revises, or...
NSPE-Code-Primary
Primary normative authority governing Engineer B's obligations when modifying Engineer A's sealed plans, including...
Plan-Alteration-Attribution-Standard-Instance
Establishes Engineer B's obligation to clearly notate all changes made to Engineer A's plans, identify which sheets...
Engineer-Notification-Right-Review-Instance
Governs whether Engineer B had an obligation to notify Engineer A that his sealed plans were being reviewed and...
NSPE-Code-Section-III.9
Governs an engineer's obligation to acknowledge full design responsibility when modifications affect the integrity...
NSPE-Code-Section-III.8.a
Governs the prohibition on reviewing another engineer's work for the same client without the knowledge of that...
NSPE-Code-Section-III.3.a
Prohibits deceptive or misleading conduct; cited as the basis for finding Engineer B in violation due to failure to...
Engineer-Stamped-Document-Responsibility-Standard-Instance
Governs Engineer A's ongoing responsibility for the plans he stamped and sealed, and the risk created when Engineer...
12 entities
Actions A
w=0.1 384D
Modify Grading Plans Without Notation
Redesign Public Improvements Without Attribution
Prepare and Seal Plans
Surrender Original Drawings
Accept Engagement Without Notifying Engineer A
Place Vague Responsibility Note
Claim Partial Rather Than Full Design Responsibility
Maintain Silence Toward Engineer A Throughout
8 entities
Events E
w=0.08 384D
Engineer A Discharged
Original Drawings Transferred
Engineer B Engaged On Project
Engineer A's Seal Left Intact
Significant Design Changes Embedded
False Attribution State Created
Client Dissatisfaction Emerges
7 entities
Capabilities Ca
w=0.07 384D
Discharged Engineer Review Without Notification Permissibility Recognition Capability
Capability of a licensed professional engineer retained as a successor to recognize that when a client has formally...
Engineer B Peer Engineer Sealed Document Modification Prior Consent Subdivision Plans
Engineer B failed to exercise the capability to confer with and obtain the approval of Engineer A before making...
Engineer B Fundamental Redesign Full Design Accountability Assumption Failure
Engineer B failed to exercise the capability to recognize that his fundamental changes to the subdivision design...
Engineer A Signed and Sealed Document Integrity Significance Recognition
Engineer A demonstrated the capability to understand the professional significance of signing and sealing...
Subdivision Development Client Sealed Plan Transfer Non-Authorization Recognition
The subdivision development client lacked or failed to exercise the capability to recognize that transferring...
Engineer B Sealed Document Modification Documentation Public Improvement Plans
Engineer B failed to exercise the capability to identify, record, and document all changes made to Engineer A's...
Engineer B Successor Engineer Prior-Engineer Communication Before Redesign
Engineer B lacked or failed to exercise the capability to communicate with Engineer A before making substantive...
Engineer B Peer Engineer Sealed Document Modification Prior Consent
Engineer B failed to exercise the capability to obtain prior consent from Engineer A before making substantive...
Engineer B Sealed Document Modification Documentation Grading Plans
Engineer B failed to exercise the capability to identify, record, and document all changes made to Engineer A's...
Engineer B Successor Engineer Original Seal Removal Upon Material Alteration Grading Plans
Engineer B failed to exercise the capability to remove or clearly supersede Engineer A's seal and signature on each...
Engineer B Successor Engineer Original Seal Removal Upon Material Alteration Public Improvement Plans
Engineer B failed to exercise the capability to remove or clearly supersede Engineer A's seal and signature on each...
Engineer B Vague Title-Sheet Disclaimer Insufficiency Public Improvement Plans
Engineer B failed to exercise the capability to recognize that placing a vague note on the title sheet of the public...
Engineer B Client Sealed Plan Transfer Non-Authorization Recognition
Engineer B failed to exercise the capability to recognize that the client's act of transferring Engineer A's sealed...
Engineer A Sealed Report Unauthorized Alteration Detection
Engineer A possessed the capability to recognize that his signed and sealed plan sets had been materially altered...
Engineer A Sealed Report Alteration Investigation and Correction Demand
Engineer A was obligated to exercise the capability to investigate the nature and scope of Engineer B's unauthorized...
Engineer A Discharged Engineer Sealed Plan Post-Alteration Licensing Authority Reporting
Engineer A was obligated to exercise the capability to report Engineer B's unauthorized alteration of Engineer A's...
Engineer A Stamped Document Continuing Technical Accountability
Engineer A retained ongoing professional accountability for the technical integrity of the sealed plan sets even...
Engineer B Post-Discharge Collegial Consultation Prudential Wisdom Failure
Engineer B lacked or failed to exercise the capability to recognize the professional wisdom of consulting Engineer A...
Engineer B Discharged Engineer Review Without Notification Permissibility Recognition
Engineer B had the capability to recognize that reviewing Engineer A's work without notification was permissible...
Engineer B Mixed-Authorship Successor Design Attribution Failure
Engineer B failed to exercise the capability to clearly identify and differentiate which design elements in the...
Engineer B Responsible Charge Integrity Non-Delegation Public Improvement Plans
Engineer B failed to exercise the capability to ensure that his modifications to Engineer A's sealed public...
Engineer A Sealed Report Alteration Investigation Subdivision Plans
Engineer A possessed the capability to investigate the nature and scope of Engineer B's undocumented alterations to...
Engineer A Sealed Report Unauthorized Alteration Detection Subdivision Plans
Engineer A possessed the capability to detect and correctly classify Engineer B's undocumented material alterations...
Engineer A Stamped Document Ongoing Technical Accountability Subdivision Plans
Engineer A retained ongoing professional accountability for the technical integrity of the sealed plan sets even...
Engineer A Serious Violation Collegial Pre-Reporting Engagement Non-Requirement Recognition
Engineer A must recognize that while collegial pre-reporting engagement is generally appropriate for inadvertent...
Vague Title-Sheet Disclaimer Insufficiency for Sealed Plan Modification Recognition Capability
Capability of a licensed professional engineer who makes substantive changes to another engineer's sealed plan set...
Successor Engineer Prior-Engineer Communication Before Redesign Capability
Capability of a licensed professional engineer retained to review and redesign a project using another engineer's...
Successor Engineer Original Seal Removal Upon Material Alteration Capability
Capability of a licensed professional engineer who makes material design changes to any sheet of another engineer's...
Client Sealed Plan Transfer Non-Authorization of Successor Alteration Recognition Capability
Capability of a licensed professional engineer retained as a successor on a project to recognize that a client's act...
Discharged Engineer Sealed Plan Post-Alteration Licensing Authority Reporting Capability
Capability of a licensed professional engineer who discovers that their signed and sealed plan set has been...
Successor Engineer Responsible Charge Integrity Non-Delegation Capability
Capability of a licensed professional engineer who makes modifications to another engineer's sealed design documents...
Engineer B Signed and Sealed Document Integrity Significance Recognition
Engineer B failed to exercise the capability to understand and apply the full professional significance of Engineer...
Engineer A Inadvertent Licensure Violation Collegial Counsel Before Reporting Toward Engineer B
Engineer A possessed the capability to approach Engineer B directly and collegially before filing a formal report...
Engineer B Section III.8.a. Purpose Purposive Interpretation Application
Engineer B failed to apply purposive interpretation of Section III.8.a. to recognize that even after Engineer A's...
Post-Discharge Collegial Consultation Prudential Wisdom Recognition Capability
Capability of a licensed professional engineer retained to modify a discharged engineer's sealed plans to recognize...
Fundamental Redesign Full Design Accountability Assumption Capability
Capability of a licensed professional engineer who makes fundamental changes to core elements of another engineer's...
Mixed-Authorship Successor Design Attribution and Differentiation Capability
Capability of a licensed professional engineer who produces engineering documents by combining elements of another...
Section III.8.a. Purpose and Scope Purposive Interpretation Capability
Capability of a licensed professional engineer to understand and articulate the underlying purpose of NSPE Code...
Engineer B Sealed Document Modification Documentation Grading Plans Failure
Engineer B failed to exercise the capability to document all changes made to Engineer A's grading plans - including...
Engineer B Sealed Document Modification Documentation Public Improvement Plans Failure
Engineer B failed to exercise the capability to document all changes made to Engineer A's public improvement plans...
Engineer B Serious Violation Collegial Pre-Engagement Non-Requirement Recognition Subdivision
Engineer A possessed the capability to recognize that Engineer B's deliberate and extensive undocumented...
Engineer B Inadvertent vs Willful Licensure Violation Distinction Subdivision Plans
Engineer B failed to exercise the capability to recognize that his conduct - whether intentionally or unwittingly...
Engineer B Responsible Charge Integrity Non-Delegation Subdivision Plans
Engineer B failed to exercise the capability to maintain proper responsible charge over his modifications to...
43 entities
Constraints Cs
w=0.08 384D
Engineer B Mandatory Change Notation Grading Plans - Case 82-5
Engineer B was absolutely constrained to make all necessary notations of every change made to Engineer A's grading...
Engineer B Prudential Consultation With Engineer A Before Plan Modification - Case 82-5
Although not strictly required, Engineer B was prudentially constrained to consult with Engineer A before...
Engineer B Vague Title Sheet Disclaimer Insufficiency Public Improvement Plans
Engineer B's placement of a general note on the title sheet of the public improvement plans claiming responsibility...
Engineer B Covert Redesign Without Engineer A Notification
Engineer B was required to communicate with Engineer A before making substantive design changes to Engineer A's...
Engineer A Stamped Document Ongoing Technical Accountability Post-Discharge
Engineer A retained ongoing professional accountability for the technical integrity of the sealed plan sets even...
BER Precedent Rationale Cross-Factual Relevance Constraint
Analytical and ethical constraint establishing that when a prior BER precedent case involves factual circumstances...
BER Case 79-7 Rationale Cross-Factual Application to Case 82-5
Although BER Case 79-7 involved different facts (no formal discharge of the predecessor engineer), the rationale...
Engineer B Predecessor Seal Removal Public Improvement Plans Material Alteration
Engineer B was prohibited from leaving Engineer A's seal and signature intact on the public improvement plan sheets...
Engineer B Change Notation Absence Grading Plans
Engineer B was required to specifically identify and document all changes made to Engineer A's grading plans -...
Engineer A Serious Violation Collegial Pre-Reporting Non-Requirement Engineer B
Given the scope and deliberateness of Engineer B's violations - making major undocumented design changes to both...
Engineer B Responsible Charge Active Engagement Public Improvement Plans
Engineer B was required to exercise genuine responsible charge over the modified public improvement plans -...
Successor Engineer Predecessor Seal Removal Upon Material Alteration Constraint
Absolute ethical and regulatory constraint prohibiting a licensed professional engineer who makes material design...
Successor Engineer Plan Modification Change Notation Constraint
Ethical and regulatory constraint requiring a licensed professional engineer who makes design changes to a...
Client Plan Transfer Non-Authorization of Successor Unsealed Alteration Constraint
Ethical and regulatory constraint establishing that a client's act of transferring a predecessor engineer's signed...
Vague Successor Responsibility Claim Insufficient Sealed Plan Attribution Constraint
Ethical and regulatory constraint establishing that a general, unspecified claim of responsibility for 'revisions'...
Engineer B Full Professional Responsibility Assumption Upon Sealing Modified Plans
Had Engineer B properly sealed the modified plan sheets, he would have been required to assume full professional...
Successor Engineer Prior-Engineer Notification Before Sealed Plan Redesign Constraint
Ethical and professional constraint requiring a licensed professional engineer retained to review and redesign a...
Engineer B Predecessor Seal Removal Grading Plans Material Alteration
Engineer B was prohibited from leaving Engineer A's seal and signature intact on the grading plan sheets he...
Engineer B Change Notation Absence Public Improvement Plans
Engineer B was required to specifically identify and document all changes made to Engineer A's public improvement...
Client Plan Transfer Non-Authorization Engineer B Unsealed Alteration
The client's act of transferring Engineer A's sealed drawings to Engineer B and directing Engineer B to use them as...
Engineer B Sealed Report Integrity Inviolability Grading Plans
Engineer B was absolutely prohibited from modifying Engineer A's signed and sealed grading plans without removing...
Engineer B Sealed Report Integrity Inviolability Public Improvement Plans
Engineer B was absolutely prohibited from modifying Engineer A's signed and sealed public improvement plans without...
Engineer B Inadvertent Licensure Violation Collegial Counsel Inapplicability
While the collegial counsel priority constraint would ordinarily require Engineer A to first approach Engineer B...
Discharged Engineer Peer Review Notification Non-Requirement Constraint
Ethical and regulatory constraint establishing that when a client has formally and completely discharged a...
Discharged Engineer Residual Work-Product Connection Prudential Consultation Constraint
Ethical and professional constraint establishing that even when a predecessor engineer has been formally discharged...
Successor Engineer Sealed Plan Change Notation Mandatory Specificity Constraint
Absolute ethical and regulatory constraint requiring a licensed professional engineer who makes design changes to a...
Fundamental Redesign Whole-Project Accountability Assumption Constraint
Ethical and regulatory constraint establishing that a licensed professional engineer who makes fundamental changes...
Mixed-Authorship Plan Set Delineation Non-Deception Constraint
Ethical constraint prohibiting a licensed professional engineer who produces engineering documents by combining...
Section III.8.a Discharge Exception Scope Limitation Constraint
Regulatory and ethical constraint establishing that the exception to the peer review notification requirement under...
Engineer B Mixed-Authorship Plan Set Delineation Prohibition - Case 82-5
Engineer B was prohibited from submitting the redesigned subdivision plan set without clearly delineating which...
Engineer B Section III.8.a Discharge Exception Scope Limitation - Case 82-5
Engineer B's permissibility in reviewing Engineer A's work without notification - based on Engineer A's formal...
Engineer B Discharged Engineer Review Without Notification Permissibility - Case 82-5
Engineer B was not ethically required to notify Engineer A before reviewing Engineer A's sealed plans because...
Engineer B Mandatory Change Notation Public Improvement Plans - Case 82-5
Engineer B was absolutely constrained to make all necessary notations of every change made to Engineer A's 38-sheet...
Engineer B Whole-Project Accountability Upon Fundamental Redesign - Case 82-5
Engineer B was constrained to acknowledge and assume professional accountability for the entire integrated...
Engineer A Stamped Document Residual Accountability Post-Discharge - Case 82-5
Engineer A retained ongoing professional accountability for the technical integrity of the sealed subdivision plan...
Engineer B Unwitting Deception Non-Exculpation for Change Notation Failure - Case 82-5
Engineer B was constrained from the defense that his failure to notate changes was unintentional or unwitting - the...
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