Obligation-Conflict Resolution
Case 95-10 (1995) · Engineering Titles - Use Of Engineering Title By Nonengineers
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
Featured
ENGCO Engineering Title Misrepresentation Non-Facilitation Brochure
prevails over
ENGCO External Convention Non-Excuse Federal Contract Title Migration
the yielding obligation gives way only under (defeasibleUnder):
- Federal Agency Engineering Title Misassignment
ENGCO Licensure System Integrity Preservation Instance
prevails over
ENGCO Industry Normalization Non-Adoption Obligation Instance
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Industry and Agency Indiscriminate Engineer Title Use
ENGCO Qualifications Non-Misrepresentation Brochure Personnel
prevails over
ENGCO External Convention Non-Excuse Federal Contract Title Migration
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Federal Agency Engineering Title Misassignment
ENGCO Firm Brochure Title Audit and Correction Self-Triggered
prevails over
ENGCO External Convention Non-Excuse Federal Contract Title Migration
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Federal Agency Engineering Title Misassignment
ENGCO Brochure Personnel Credential Differentiation Licensed vs Non-Degreed
prevails over
ENGCO External Convention Non-Excuse Federal Contract Title Migration
the yielding obligation gives way only under (defeasibleUnder):
- Federal Agency Engineering Title Misassignment
ENGCO Brochure Academic Qualification Accuracy Obligation Instance
prevails over
ENGCO External Convention Non-Excuse Federal Contract Title Migration
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Federal Agency Engineering Title Misassignment
ENGCO Licensure System Integrity Preservation Brochure Titles
prevails over
ENGCO External Convention Non-Excuse Federal Contract Title Migration
the yielding obligation gives way only under (defeasibleUnder):
- Federal Agency Engineering Title Misassignment
ENGCO Non-Degreed Licensed Staff Title Entitlement Recognition Instance
prevails over
ENGCO Brochure Personnel Credential Differentiation Licensed vs Non-Degreed
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Non-Degreed Licensed Personnel Title Eligibility
ENGCO Qualifications Non-Falsification Brochure Instance
prevails over
ENGCO Industry Normalization Non-Adoption Obligation Instance
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Industry and Agency Indiscriminate Engineer Title Use
What the board concluded
- It is not ethical for ENGCO to refer to it's non-degreed/non-registered personnel as "engineers".
How comparable cases resolved the same tension
ENGCO External Convention Non-Excuse Federal Contract Title Migration yields to ENGCO Engineering Title Misrepresentation Non-Facilitation Brochure. The yielding obligation ("ENGCO External Convention Non-Excuse Federal Contract Title Migration") 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) |
|---|---|---|---|
|
22-1
Unlicensed Practice by Nonengineers with...
|
Engineer A Qualifications Non-Falsification Obligation Instance | State Agency Engineering Title Misrepresentation Non-Facilitation Obligation Instance | Non-Engineer B Unlicensed Title and Review Authority |
|
07-12
Expert Witness—Disclosure of Interests Represented
|
Expert Witness Credential Presentation Non-Misleading Engineer A DOE Title Display | Engineer A Government Employment Affiliation Non-Exploitation DOE Title Display Violation | Engineer A Government Credential Conflation in Testimony |
|
86-4
Modification of Signed and Sealed Plans by...
|
Engineer B Mixed-Authorship Successor Design Attribution Case 82-5 | Subdivision Client Sealed Plan Transfer Non-Authorization of Successor Alteration Case 82-5 | Engineer A Original Plans Transferred to Client and Successor |
|
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 |
|
92-4
Public Welfare - Duty Of Government Engineer
|
Engineer A License Board Consultation Self-Protection | Engineer A Employer Loyalty Boundary Environmental Law | Engineer A Employment Pressure to Issue Non-Compliant Permit; Public Safety at Risk from Non-Compliant Permit |