Acknowledging Errors in Design
Case 9
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It was ethical for Engineer T and Engineer B to conclude no error had been made in design, based on review and analysis of the facts from both from a legal/contractual perspective and from an ethical perspective. Engineer T’s design approach represented professional practice consistent with the standard of care.It was ethical for Engineer T not to acknowledge an error after the accident occurred because there was no error. However, based on hindsight, other ways to approach the project may have prevented the accident and worker injury, and this was a missed opportunity to hold paramount the public safety, health, and welfare. Engineer T is encouraged to share this hard “lesson learned” as part of continued professional development.It was ethical for Engineer T to refrain from acknowledging an error during the deposition because there was no error. Engineer T should respond clearly and honestly when questioned about the project, including views on alternative design approaches vis-à-vis the public safety, health, and welfare, but should not characterize the work as a design error.
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This case addresses two ethical issues in engineering practice: to what extent are design engineers obligated to account for construction safety risks in their designs if they are not trained or have experience in construction safety methods, and are engineers obligated by the NSPE Code of Ethics to “acknowledge errors” when it is not clear an error has been made. The first issue, having to do with considering construction safety risks in the design, can be approached from both a legal/contractual (i.e., risk management) perspective and from an ethical perspective. On the legal/contractual side, many professional engineers familiar with construction contracts believe contract language sufficiently settles the matter. They point to standard construction contract provisions such as, “Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction” (Engineers Joint Contract Documents Committee [EJCDC], C-700, Standard General Conditions of the Construction Contract, Article 7, Paragraph 7.01A). The construction contracts also include provisions identifying the Contractor’s sole responsibility for initiating, maintaining, and supervising all safety programs and precautions (Article 7, Paragraph 7.13A), for obtaining additional services as needed to carry out Contractor’s safety responsibilities (Article 7, Paragraph 7.01B), and for taking necessary precautions for safety and providing necessary protection to prevent damage, injury, or loss to all persons on the site who may be affected by the work (Article 7, Paragraph 7.13C). Through these legal/contractual mechanisms, risk and responsibility for worker safety during construction are formally transferred to the contractor, the contractor being the party best positioned to provide for project safety. By this view, and with reference to the present case, the contractor is solely responsible for project safety, so Engineer T did not make any design error so long as the...
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Engineer T, a senior structural engineer who designs commercial buildings in the employ of XYZ Consulting Engineers, was in responsible charge of the design of major structural modifications to an existing building. In establishing the project scope for the structural modifications, Engineer T selected a straightforward approach that required making structural connections immediately beneath floor level on an upper floor, in a tightly constrained space. Engineer T proceeded with the project per these parameters and did not explore alternative design approaches. Rather, Engineer T completed the design within the identified constraints and issued construction documents for the modifications.The new structural connections were located in such a way that access was limited, and the drawings clearly noted the constrained access. This design detail required the construction workers to make the connections in a contorted fashion. During construction, an accident occurred with a serious and permanent injury to a construction worker. Following the accident, Engineer T revisited the site and realized that had alternative design concepts been explored early on, the new structural modifications could have been proposed in a fundamentally different, more complex, but functionally equivalent way. The alternative approach would have been more costly and taken more time, but it would have allowed the construction workers to make all connections while standing on the floor such that injury would have been far less likely. Engineer T felt some personal responsibility for the accident.Engineer T met with XYZ’s Chief Structural Engineer, Engineer B, explained the situation, and expressed a belief that a design error – i.e., not exploring alternative, safer design concepts – had been made and the NSPE Code of Ethics required that the error be acknowledged. Engineer B responded that Engineer T and XYZ Consulting Engineers had responded professionally to the design project, they had recom...
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Was it ethical for Engineer T and Engineer B to conclude an error had not been made in design?Was it ethical for Engineer T not to acknowledge an error after the accident occurred?Was it ethical for Engineer T not to acknowledge an error during the deposition?
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I.1.
Hold paramount the safety, health, and welfare of the public.
Subject Reference
Duty to the Public
I.2.
Perform services only in areas of their competence.
Subject Reference
Competence
Qualifications for Work
I.3.
Issue public statements only in an objective and truthful manner.
Subject Reference
Public Statements and Criticism
I.4.
Act for each employer or client as faithful agents or trustees.
Subject Reference
Employer
Faithful Agents and Trustees
II.3.a.
Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current.
Subject Reference
Misrepresentation/Omission of Facts
Professional Reports, Statements, Testimony
III.1.a.
Engineers shall acknowledge their errors and shall not distort or alter the facts.
Subject Reference
Errors
III.3.a.
Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a material fact.
Subject Reference
Advertising
Self-Promotion
III.8.
Engineers shall accept personal responsibility for their professional activities, provided, however, that engineers may seek indemnification for services arising out of their practice for other than gross negligence, where the engineer's interests cannot otherwise be protected.
Subject Reference
Liability
Professional Responsibility
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59
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer T Structural Engineer
Designed the structural modifications with connections in a tightly constrained space, did not explore alternative...
Engineer T Responsible Charge Engineer
Held responsible charge of the design of the major structural modifications, including establishing the project...
XYZ Consulting Engineers Employer
Consulting engineering firm employing Engineers T and B that performed the structural modification design and was...
Construction Worker Affected Party
Required by the design detail to make structural connections in a contorted fashion in a tightly constrained space...
XYZ Insurance Company Participant
Insurer of XYZ Consulting Engineers, jointly represented by the attorneys who prepared Engineer T for the deposition...
BER Ethics Review Board
Adjudicates the two ethical issues in the present case, finds the facts do not suggest Engineer T made a design...
Engineer B Chief Structural Engineer
Heard Engineer T's belief that a design error had been made, reasoned that the firm had responded professionally,...
XYZ Attorneys Legal Counsel
Represented XYZ and its insurance company, prepared Engineer T for deposition, agreed a clear obligation existed not...
Contractor Construction Contractor
Held sole contractual responsibility for construction means, methods, and safety programs, accepted the construction...
9 entities
Principles
P
w=0.2
384D
Objectivity in Statements and Testimony
The Board states Engineer T should say that while no error was made, based on hindsight other ways to approach the...
Error Acknowledgment by Engineer T
Engineer T felt some personal responsibility for the accident and told Engineer B that a design error, not exploring...
Factual Truthfulness in Deposition
Engineer T responded factually to all questions regarding the design and the design process during the deposition,...
Public Welfare in Design Safety
The design specifically mentioned that access to the new structural connections was limited, which the Board treats...
Competence in Structural Design
Engineer T's structural modification approach appears to have been straightforward, professionally designed, and...
Complete Transparency in Deposition
The attorneys advised that Engineer T should respond to questions with complete transparency during the deposition,...
6 entities
Obligations
O
w=0.15
384D
Engineer T Error Acknowledgment Duty
Engineer T must acknowledge a design error if one has been made, a duty Engineer T believed the NSPE Code of Ethics...
Engineer T Truthful Deposition Duty
Engineer T must respond to deposition questions with complete transparency and clearly report the facts regarding...
Engineer T Public Safety Duty
Engineer T must hold paramount the safety, health, and welfare of the public in the design of the structural modifications.
Engineer T Competence Duty
Engineer T must be competent in the area of structural engineering design work in which the services were performed.
Engineer T Personal Responsibility Duty
Engineer T must accept personal responsibility for his professional activities on the structural modification project.
Engineer T Truthful Testimony Duty
Engineer T must respond clearly and honestly when questioned about the project, stating that while no error was...
6 entities
States
S
w=0.1
384D
Engineer T Post-Accident Realization
Construction Claim Litigation Phase
Engineer T Construction Safety Gap
Straightforward Approach Design Scope
Unresolved Design Error Question
Constrained Access Worker Hazard
Worker Safety Risk Transfer to Contractor
Required Versus Above and Beyond Tension
Design Meets Standard of Care
Unpursued Safety Review Alternatives
10 entities
Resources
Rs
w=0.1
384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: acknowledgement of professional design errors)
EJCDC C-700 Standard General Conditions
EJCDC C-700, Standard General Conditions of the Construction Contract (topic: contractor responsibility for...
BER Case 21-2
BER Case 21-2 (topic: presenting multiple design alternatives to the client and design team as an ethical opportunity)
BER Case 97-13
BER Case 97-13 (topic: whether hindsight recognition of an alternative design requires reporting an error)
BER Case 02-5
BER Case 02-5 (topic: design consistent with the standard of care is a missed opportunity rather than an ethical lapse)
5 entities
Actions
A
w=0.1
384D
Construction Documents Issuance
Error Acknowledgement Withholding
Legal Counsel Advising
Error Acknowledgement Decision
Design Approach Selection
Error Concern Raising
Factual Deposition Testimony
7 entities
Events
E
w=0.08
384D
Construction Worker Injury
Alternative Design Realization
Claim And Lawsuit Filing
Error Question Absence
4 entities
Capabilities
Ca
w=0.07
384D
Engineer T Error Situation Recognition
After the accident Engineer T revisited the site, recognized that a safer alternative design approach could have...
Engineer T Factual Deposition Testimony
Engineer T responded factually to all deposition questions regarding the design and the design process, exercising...
Engineer B Scope Boundary Recognition
Engineer B reasoned that Engineer T, lacking construction safety training by education or experience, could not have...
BER Precedent Reasoning
The Board of Ethical Review exercises precedent reasoning in the present case by drawing guiding principles from...
Engineer T Engineering Design
Engineer T, a senior structural engineer, selected a straightforward structural modification approach, completed the...
Engineer T Responsible Charge Control
Engineer T held responsible charge of the design of the major structural modifications, including establishing the...
Engineer T Constrained Access Disclosure
Engineer T clearly noted the constrained access to the new structural connections on the design drawings,...
Engineer T Code Applicability Assessment
Engineer T identified the NSPE Code of Ethics as the governing standard, believed it could require acknowledging a...
Engineer T Objectivity Maintenance
Engineer T's duties to respond to deposition questions with complete transparency and to state clearly and honestly,...
9 entities
Constraints
Cs
w=0.08
384D
Engineer T Error Characterization Limit
Engineer T should not voluntarily characterize the design work as an error, because whether an error was made was...
Engineer T Error Characterization Boundary
Engineer T should not characterize the structural modification work as a design error when questioned about the...
Engineer T Fact Distortion Prohibition
Engineer T must not distort or alter any facts regarding the design and the design process when responding to...
3 entities
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