Obligation-Conflict Resolution
Case 99-8 (1999) · Incomplete Plans and Specifications – Engineer, Government, and Contractor Responsibilities
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
Engineer A Deliverable Completeness Disclosure
prevails over
Engineer A Deadline Pressure Resistance
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Undisclosed Deadline Pressure
Engineer A Complete Design Delivery
prevails over
Engineer A Cost Allocation Neutrality
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Federal Funding Assumption
Engineer A Safety Obligation Dam Design
prevails over
Engineer A Deadline Pressure Resistance
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Undisclosed Deadline Pressure
Open tensions recorded without a resolution:
Engineer A Complete Design Delivery vs Engineer A Deadline Pressure Resistance
What the board concluded
- It was not ethical for Engineer A to submit drawings and specifications for review and approval that he knew were incomplete.
- It was not ethical for Engineer B to approve a set of incomplete drawings on behalf of the Federal government for competitive bidding.
- It was not ethical for Engineer C, owner of the Hi-Lo Construction firm, to submit a bid on a construction contract that he later characterized as “unbuildable” without major changes.
Recorded violations:
Low Bid Submission violates Engineer C Bid Adequacy Reflection
Incomplete Documents Approval violates Engineer B Competence Limit Escalation
Reactive Incompleteness Acknowledgment violates Engineer A Complete Design Delivery
Incomplete Work Submission violates Engineer A Competence Dam Drawings
Non-Disclosure of Incompleteness violates Engineer A Competence Dam Drawings
Incomplete Work Submission violates Engineer A Public Funds Misrepresentation
Incomplete Documents Approval violates Engineer A Public Funds Misrepresentation
Non-Disclosure of Incompleteness violates Engineer A Public Funds Misrepresentation
Reactive Incompleteness Acknowledgment violates Engineer A Competence Dam Drawings
Incomplete Work Submission violates Engineer A Complete Design Delivery
Non-Disclosure of Incompleteness violates Engineer A Deliverable Completeness Disclosure
Non-Disclosure of Incompleteness violates Engineer A Complete Design Delivery
Reactive Incompleteness Acknowledgment violates Engineer A Public Funds Misrepresentation
Reactive Incompleteness Acknowledgment violates Engineer A Deliverable Completeness Disclosure
How comparable cases resolved the same tension
Engineer A Deadline Pressure Resistance yields to Engineer A Deliverable Completeness Disclosure. The yielding obligation ("Engineer A Deadline Pressure Resistance") 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) |
|---|---|---|---|
|
17-3
Public Health, Safety and...
|
Non-Engineer Override Resistance Escalation Engineer A BER 00-5 Bridge | Public Pressure Resistance Engineer A BER 00-5 Petition Rally | Community Petition Overriding Bridge Safety Closure — BER Case 00-5 |
|
15-2
Misrepresentation - Changes Made to...
|
Chief Engineer BER 86-2 Responsible Charge Detailed Review Obligation Violation | Engineer A BER 09-6 Pressure Resistance Sealed Document Obligation Violation | Management Schedule Pressure on Engineer A — BER Case 09-6 |
|
00-5
Public Welfare—Bridge Structure
|
Engineer A Public Pressure Non-Subordination Bridge Closure Safety | Engineer A Pressure-Yielding Abrogation Fundamental Responsibility Prohibition | Engineer A Public Pressure and Employment Pressure Safety Abrogation |
|
16-5
Public Health, Safety, and...
|
Engineer A BER 96-4 Additional Testing Recommendation Obligation | Engineer A BER 96-4 Business Pressure Non-Subordination Obligation | BER Case 96-4 Multi-Factor Business-Safety Balancing; BER Case 96-4 Public Safety at Risk from Safety-Critical Software |
|
19-10
Public Health and Safety— Observed...
|
Engineer A BER 00-5 Imminent Widespread Bridge Collapse Full-Bore Campaign | Engineer A BER 00-5 Public Pressure Non-Subordination Bridge Closure | Public Pressure Override of Bridge Closure - BER Case 00-5 |