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Appropriate Notification And Review Of Another Engineer's Work
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172

Entities

4

Provisions

1

Precedents

15

Questions

17

Conclusions

Transfer

Transformation
Transfer Resolution transfers obligation/responsibility to another party
The franchiser's design-engineer relationship migrates from Engineer A to Engineer B in two stages: first a covert review engagement, then full retention as permanent design engineer. The Board's conclusions (C1, C9, C15-C17) address how peer-notification duties should attach during this handoff, but the underlying structural transformation is the transfer of the client relationship and design responsibility itself, not a recurring cycle or an irresolvable trap.
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Synthesis Reasoning Flow
Shows how NSPE provisions inform questions and conclusions - the board's reasoning chain

The board's deliberative chain: which code provisions informed which ethical questions, and how those questions were resolved. Toggle "Show Entities" to see which entities each provision applies to.

Nodes:
■ Provision (e.g., I.1.) ◆ Question: Board = board-explicit, Impl = implicit, Tens = principle tension, Theo = theoretical, CF = counterfactual ▬ Conclusion: Board = board-explicit, Resp = question response, Ext = analytical extension, Synth = principle synthesis ▬ Entity (hidden by default)
Edges:
→ informs → answered by → applies to
Provisions (4)
View Extraction

All provisions in play for this case: the union of board-stated references and analysis-found citations (see each provision's provenance badge). The OntServe case page's Cited NSPE Provisions panel shows the subset actually cited by the committed conclusions, so its count can be lower.

II.1.c board + analysis Engineers shall not reveal facts, data, or information without the prior consent of the client or employer except as authorized or required by law or this Code.
How this applies in the case (showing 3 of 20)
Obligation
Engineer B Peer Notification Duty
Engineer B revealing review activity relates to disclosure of information without prior consent
Action
Non-Disclosure Instruction
This provision prohibits revealing client information without consent which directly governs the instruction not to disclose
State
Franchiser Nondisclosure Directive
This provision governs whether confidential information can be revealed without prior consent as instructed
Obligation (3)
  • Engineer B Peer Notification Duty
    Engineer B revealing review activity relates to disclosure of information without prior consent
  • Engineer B Peer Review Notice Duty
    Providing notice of review implicates rules on revealing facts or information without consent
  • Engineer B Instruction Clarification Duty
    Clarifying why disclosure was restricted relates to consent requirements for revealing information
Action (2)
  • Non-Disclosure Instruction
    This provision prohibits revealing client information without consent which directly governs the instruction not to disclose
  • Disclosure to Reviewed Engineer
    This provision restricts disclosure of facts without client consent which governs whether the reviewed engineer can be told
State (4)
  • Franchiser Nondisclosure Directive
    This provision governs whether confidential information can be revealed without prior consent as instructed
  • Covert Review Engagement
    The secretive nature of the review relates to nondisclosure without consent obligations
  • Unclarified Nondisclosure Instruction Motive
    The ambiguous instruction to not disclose ties directly to this confidentiality rule
  • Pending Franchise Design Concerns
    Concerns about design may involve facts that cannot be revealed without consent
Constraint (2)
  • Engineer B Relationship Nondisclosure Directive
    This provision permits nondisclosure of information when the client has not given consent to reveal it
  • Engineer B Nondisclosure To Engineer A
    This provision directly creates the constraint that Engineer B must keep client information confidential absent consent
Principle (3)
  • Client Loyalty in Nondisclosure Instruction
    This provision restricts disclosure of information without client consent which matches the franchisers instruction not to disclose the relationship
  • Peer Notification in Design Review
    Engineer B notifying Engineer A of the relationship implicates the rule about not revealing information without consent
  • Peer Review Notice in Succession Review
    The Board interprets this section as governing whether Engineer B could disclose his relationship and review results to Engineer A
Role (2)
  • Engineer B Reviewing Engineer
    Engineer B was instructed not to disclose findings and must honor confidentiality absent client consent
  • Franchiser Client
    Franchiser controls consent for disclosure of Engineer A's design information
Event (1)
  • Design Concerns Arising
    Disclosing design concerns involves revealing information without client consent
Resource (1)
  • NSPE Code of Ethics
    This provision is part of the NSPE Code of Ethics itself
Capability (2)
  • Engineer B Peer Disclosure
    Engineer B discloses information despite the franchisers instruction not to reveal it without consent
  • Board Reasonable Delay Judgment
    The Board determines when withholding disclosure without consent becomes a violation
II.4 board + analysis Engineers shall act for each employer or client as faithful agents or trustees.
How this applies in the case (showing 3 of 21)
Obligation
Engineer B Faithful Agent Duty
This obligation directly requires Engineer B to act as a faithful agent or trustee of the client
Action
Reviewing Engineer Retention
Acting as a faithful agent governs how the reviewing engineer must conduct the retained review work for the client
State
Trustee Term Interpretation Ambiguity
This provision defines the faithful agent or trustee duty being interpreted
Obligation (1)
  • Engineer B Faithful Agent Duty
    This obligation directly requires Engineer B to act as a faithful agent or trustee of the client
Action (4)
  • Reviewing Engineer Retention
    Acting as a faithful agent governs how the reviewing engineer must conduct the retained review work for the client
  • Non-Disclosure Instruction
    Faithful agency obligations relate to whether following the non-disclosure instruction serves the client properly
  • Design Review Performance
    Acting as a faithful agent governs how the engineer performs the review on behalf of the client
  • Disclosure to Reviewed Engineer
    Faithful agency duties govern whether disclosing to the original engineer conflicts with client loyalty
State (4)
  • Trustee Term Interpretation Ambiguity
    This provision defines the faithful agent or trustee duty being interpreted
  • Post-Expiration Engagement End
    Faithful agent duties may extend or end based on when the engagement concludes
  • Non-Renewal Notice Window
    Acting as a faithful agent involves proper timing of notice during the engagement period
  • One Week Notification Delay
    Delayed notification raises questions about faithful agent obligations to the client
Constraint (1)
  • Engineer B Client Interest Neglect Limit
    This provision establishes the duty to act as a faithful agent and not neglect the client's interests
Principle (2)
  • Loyalty as Faithful Agent and Trustee
    This provision directly defines the faithful agent and trustee duty referenced in this entity
  • Client Loyalty in Nondisclosure Instruction
    Acting as a faithful agent supports the franchisers instruction that confidential relationship details not be disclosed
Role (3)
  • Engineer B Reviewing Engineer
    Engineer B must act as a faithful agent to the franchiser while reviewing Engineer A's work
  • Engineer B Design Engineer
    As successor design engineer, Engineer B owes faithful agency duties to the franchiser client
  • Engineer A Design Engineer
    Engineer A owed faithful agency duties to the franchiser during the original design engagement
Event (1)
  • Design Concerns Arising
    Acting as a faithful agent requires proper handling of design concerns discovered
Resource (2)
  • NSPE Code of Ethics
    This provision is part of the NSPE Code of Ethics itself
  • Black's Law Dictionary
    The provision uses the terms agent and trustee which are defined in this legal dictionary
Capability (3)
  • Engineer B Peer Disclosure
    Engineer B must balance loyalty to the franchiser against ethical disclosure obligations
  • Board Code Provision Balancing
    The Board interprets faithful agent and trustee duties in tension with notification requirements
  • Board Reasonable Delay Judgment
    The Board weighs the faithful agent duty against timely disclosure obligations
III.4 board + analysis Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve.
How this applies in the case (showing 3 of 21)
Obligation
Engineer B Peer Notification Duty
Notifying Engineer A involves handling confidential business information of the client
Action
Non-Disclosure Instruction
This provision directly prohibits disclosure of confidential business information without consent
State
Franchiser Nondisclosure Directive
This provision directly addresses confidentiality of business affairs from a client or employer
Obligation (3)
  • Engineer B Peer Notification Duty
    Notifying Engineer A involves handling confidential business information of the client
  • Engineer B Peer Review Notice Duty
    Notice to Engineer A about the review touches on confidential client information disclosure
  • Engineer B Instruction Clarification Duty
    Understanding the confidentiality reason relates to protecting client business affairs
Action (2)
  • Non-Disclosure Instruction
    This provision directly prohibits disclosure of confidential business information without consent
  • Disclosure to Reviewed Engineer
    This provision restricts disclosing confidential client information to the original design engineer
State (4)
  • Franchiser Nondisclosure Directive
    This provision directly addresses confidentiality of business affairs from a client or employer
  • Covert Review Engagement
    Conducting a review covertly relates to protecting confidential business information
  • Unclarified Nondisclosure Instruction Motive
    The instruction not to disclose aligns with confidentiality protections for business affairs
  • Pending Franchise Design Concerns
    Design concerns may constitute confidential technical processes protected under this provision
Constraint (2)
  • Engineer B Relationship Nondisclosure Directive
    This provision requires confidentiality of business relationships with clients absent consent
  • Engineer B Nondisclosure To Engineer A
    This provision reinforces that confidential client relationship information cannot be disclosed without consent
Principle (3)
  • Client Loyalty in Nondisclosure Instruction
    This provision protects confidential business relationship information matching the franchisers nondisclosure instruction
  • Peer Notification in Design Review
    Disclosing the relationship with the franchiser touches on confidential business affairs of a client
  • Loyalty as Faithful Agent and Trustee
    Neglecting client interests through disclosure relates to the confidentiality duty in this provision
Role (2)
  • Engineer B Reviewing Engineer
    Engineer B must not disclose confidential technical information from the franchiser without consent
  • Engineer A Design Engineer
    Engineer A retains confidentiality obligations regarding the franchiser's technical processes as a former client
Event (2)
  • Contract Expiration
    Confidentiality obligations continue even after contract expiration for former clients
  • Design Concerns Arising
    Design concerns may constitute confidential technical information not to be disclosed
Resource (1)
  • NSPE Code of Ethics
    This provision is part of the NSPE Code of Ethics itself
Capability (2)
  • Engineer B Peer Disclosure
    Engineer B discloses confidential business information from the franchiser to Engineer A
  • Board Code Provision Balancing
    The Board considers confidentiality obligations when balancing conflicting provisions
III.8.a board + analysis Engineers shall conform with state registration laws in the practice of engineering.
How this applies in the case (showing 3 of 12)
Obligation
Engineer B Peer Review Notice Duty
This obligation explicitly requires disclosure consistent with state registration law requirements
Action
Design Engineer Retention
This provision requires the retained design engineer to conform with state registration laws
State
Engineer A Review Awareness
Registration law compliance relates to proper conduct when another engineer becomes aware of a review
Obligation (1)
  • Engineer B Peer Review Notice Duty
    This obligation explicitly requires disclosure consistent with state registration law requirements
Action (2)
  • Design Engineer Retention
    This provision requires the retained design engineer to conform with state registration laws
  • Reviewing Engineer Retention
    This provision requires the retained reviewing engineer to conform with state registration laws
State (1)
  • Engineer A Review Awareness
    Registration law compliance relates to proper conduct when another engineer becomes aware of a review
Role (2)
  • Engineer B Reviewing Engineer
    Engineer B has an obligation to notify Engineer A consistent with registration law requirements before reviewing pending work
  • Board of Ethical Review
    The Board explicitly balances the III.8.a notification duty against II.4 faithful agency obligations
Resource (1)
  • NSPE Code of Ethics
    This provision is part of the NSPE Code of Ethics itself
Capability (5)
  • Engineer B Peer Disclosure
    Notification to a succeeded engineer relates to conformance with registration law notice requirements
  • Engineer B Engineering Design
    Engineer B succeeds Engineer A as design engineer requiring conformance with registration notice provisions
  • Board Code Provision Balancing
    The Board directly interprets the notice requirement of this provision against faithful agent duties
  • Board Reasonable Delay Judgment
    The Board defines the reasonable time threshold for compliance with this notice provision
  • Board Precedent Reasoning
    The Board applies prior case reasoning interpreting this same registration notice provision
Cross-Case Connections
View Extraction
Explicit Board-Cited Precedents 1 Lineage Graph

Cases explicitly cited by the Board in this opinion. These represent direct expert judgment about intertextual relevance.

Principle Established:

The purpose of the code provision on reviewing another engineer's work (Section 12(a)/III.8.a.) is to give the original engineer an opportunity to explain technical decisions, allowing the reviewing engineer a fuller understanding before making comments to the client.

Citation Context:

The Board cited this case to explain the purpose of Section III.8.a. requiring notice to an engineer whose work is being reviewed, and applied its reasoning to conclude that Engineer B acted unethically in disclosing his relationship with the client against the client's instructions.

Relevant Excerpts
discussion: "In BER 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..."
discussion: "We believe the reasoning cited by the Board in BER Case 79-7 are as cogent today as they were when the Board issued its opinion."
discussion: "In light of the facts and consistent with BER Case 79-7, we are persuaded that Engineer B acted unethically in notifying Engineer A of Engineer B's relationship with the client."
discussion: "Our conclusion is based upon the rationale cited above in BER Case 79-7 but is also based upon an analysis of the countervailing argument..."
Implicit Similar Cases 10 Similarity Network

Cases sharing ontology classes or structural similarity. These connections arise from constrained extraction against a shared vocabulary.

Component Similarity 58% Facts Similarity 63% Discussion Similarity 70% Provision Overlap 43% Outcome Alignment 100% Tag Overlap 50%
Shared provisions: II.1.c, II.4, III.4 Same outcome unethical View Synthesis
Component Similarity 59% Facts Similarity 56% Discussion Similarity 44% Outcome Alignment 100% Tag Overlap 75% Principle Overlap 70%
Same outcome unethical View Synthesis
Component Similarity 71% Facts Similarity 56% Discussion Similarity 52% Provision Overlap 18% Outcome Alignment 50% Tag Overlap 22% Principle Overlap 79%
Shared provisions: II.1.c, III.4 View Synthesis
Component Similarity 60% Facts Similarity 55% Discussion Similarity 74% Outcome Alignment 100% Tag Overlap 60% Principle Overlap 53%
Same outcome unethical View Synthesis
Component Similarity 62% Facts Similarity 70% Discussion Similarity 58% Outcome Alignment 100% Tag Overlap 33% Principle Overlap 62%
Same outcome unethical View Synthesis
Component Similarity 64% Facts Similarity 60% Discussion Similarity 66% Outcome Alignment 100% Tag Overlap 20% Principle Overlap 64%
Same outcome unethical View Synthesis
Component Similarity 62% Facts Similarity 58% Discussion Similarity 73% Outcome Alignment 100% Tag Overlap 12% Principle Overlap 71%
Same outcome unethical View Synthesis
Component Similarity 52% Facts Similarity 41% Discussion Similarity 75% Provision Overlap 20% Outcome Alignment 50% Tag Overlap 75% Principle Overlap 61%
Shared provisions: II.4 View Synthesis
Component Similarity 55% Facts Similarity 53% Discussion Similarity 57% Provision Overlap 10% Outcome Alignment 100% Tag Overlap 10% Principle Overlap 65%
Shared provisions: III.8.a Same outcome unethical View Synthesis
Component Similarity 61% Facts Similarity 57% Discussion Similarity 66% Provision Overlap 29% Outcome Alignment 50% Tag Overlap 75%
Shared provisions: II.1.c, III.4 View Synthesis
Questions & Conclusions (2 board)
View Extraction
Board Board question 1

Was Engineer B's act of notifying Engineer A of his relationship with franchiser consistent with the Code?

Board conclusion Engineer B's act of notifying Engineer A of his relationship with franchiser was not consistent with the Code.
Resolved by: The Board treated peer notification as owed to Engineer A regardless of client instruction, so the faithful agent duty to the franchiser could delay but not excuse eventual disclosure, and delayed disclosure after the review was complete was found insufficient to satisfy that duty. (confidence 0.75)
II.1.c. II.4. III.4. 3 principles 3 facts Conditions Narrative
Also discussed in: C301
Implicit (1)

Did Engineer B's compliance with the franchiser's nondisclosure directive during the week of review, even temporarily, already constitute a Code violation independent of the later notification?

AnalyticalThe Board's finding that the eventual notification was inconsistent with the Code does not fully resolve whether the underlying act of complying with the franchiser's nondisclosure directive during the review itself was already a separate and independent violation. Even setting aside the timing of the disclosure, Engineer B's acceptance of a covert review assignment -- one in which he agreed, in advance, to withhold from a fellow engineer the fact that his work was being reviewed -- arguably breached the spirit of peer notification norms the moment he began the review, regardless of what he later disclosed. The Board's conclusion focuses on the adequacy of the notification that did occur, but leaves unaddressed whether the one-week period of active concealment during the review was itself a discrete ethical lapse.
Resolved by: This analysis suggests the concealment during the review period may itself have breached peer notification norms independent of the later disclosure, a distinct weighing the Board's original conclusion did not perform. (confidence 0.60)
II.1.c. II.4. 2 principles 3 facts Conditions Narrative
AnalyticalRegarding Q101, Engineer B's temporary compliance with the franchiser's nondisclosure directive during the actual week of review likely constitutes an independent, and arguably more serious, Code concern than the timing of the eventual notification. By conducting the Design Review Performance while under the Franchiser Nondisclosure Directive, Engineer B allowed Engineer A to remain unaware that his own work was being scrutinized by a successor candidate, which is the precise harm that peer notification norms (as reflected in BER Case 79-7) are meant to prevent. The fact that Engineer B later disclosed does not retroactively cure the ethical defect of having performed a covert review in the first instance.
Resolved by: The board treated the peer notification norm from BER Case 79-7 as outweighing the faithful agent duty during the covert period, since concealment from Engineer A during active scrutiny of his own work was the very harm the norm exists to prevent. (confidence 0.50)
II.4. III.4. 3 principles 3 facts Conditions Narrative
Principle tension (2)

How should Engineer B balance Client Loyalty in Nondisclosure Instruction, which obligates confidentiality toward the franchiser, against Peer Notification in Design Review, which obligates informing a fellow engineer that his work is under review?

AnalyticalRegarding Q201 and Q203, the tension between Client Loyalty in Nondisclosure Instruction and Peer Notification in Design Review should be resolved in favor of peer notification, because the faithful agent/trustee duty under II.4 does not extend to concealment that undermines another engineer's professional standing or ability to respond to adverse findings. A client's instruction to withhold information from a fellow professional is not the kind of 'confidential business affair' contemplated by III.4, and thus does not override the peer notification norm even where the client is also the engineer's current employer.
Resolved by: The board subordinated the faithful agent/trustee duty under II.4 to the peer notification norm, reasoning that III.4 confidentiality does not extend to instructions that suppress a colleague's professional standing. (confidence 0.50)
II.4. III.4. 3 principles 3 facts Conditions Narrative
AnalyticalThe Board's conclusion that Engineer B's notification was inconsistent with the Code implies that Peer Notification in Design Review functions as a threshold obligation that must be satisfied before or during the review, not merely at its conclusion. This suggests the Board did not treat Client Loyalty in Nondisclosure Instruction and Peer Notification in Design Review as equally weighted principles requiring balance; rather, once Engineer B undertook a review of a fellow engineer's work, the peer notification duty attached immediately and could not be lawfully deferred to satisfy the franchiser's competing instruction. The franchiser's directive was thus treated as subordinate to a standing Code duty owed to Engineer A, not as a legitimate constraint that Engineer B was free to honor even temporarily.
Resolved by: Rather than balancing the two principles as co-equal, the board treated peer notification as a threshold duty that attaches immediately once a review begins, making the franchiser's confidentiality instruction subordinate and non-deferrable. (confidence 0.78)
II.1.c. II.4. III.4. 3 principles 3 facts Conditions Narrative
AnalyticalThe case demonstrates that principle conflicts involving confidentiality and peer notification are resolved not by weighing the two obligations against each other in the abstract, but by asking whether the client's instruction itself falls within the scope of legitimate client loyalty. Because Client Loyalty in Nondisclosure Instruction concerned withholding the mere fact of a professional relationship rather than genuinely confidential business information, it did not qualify as a protected interest under provisions like III.4 or II.1.c, and therefore could not legitimately compete with Peer Notification in Design Review. This suggests a hierarchy in which peer-protection duties take precedence whenever the client's confidentiality claim is not substantively tied to protected business or technical information.
Resolved by: Rather than weighing the two obligations against each other directly, the Board asked whether the client's confidentiality claim met the threshold of protected business information under III.4 and II.1.c, and finding that it did not, treated Peer Notification in Design Review as controlling without genuine competition. (confidence 0.80)
II.1.c. III.4. 3 principles 3 facts Conditions Narrative

Does Loyalty as Faithful Agent and Trustee toward the franchiser conflict with Peer Review Notice in Succession Review, given that notifying the predecessor engineer could be seen as adverse to the client's stated wishes?

AnalyticalLoyalty as Faithful Agent and Trustee (II.4) does not appear to have been interpreted by the Board as extending to concealment of the reviewer's identity or relationship from the engineer whose work is under review. This indicates a limiting principle within the case: fidelity to a client's business interests is bounded by Code provisions protecting peer relationships, meaning a client's confidentiality request cannot override an engineer's independent duty to a fellow professional under Peer Review Notice in Succession Review. The unresolved split on whether proceeding with the review itself was ethical shows that while the Board was confident the nondisclosure instruction could not be followed as directed, it could not agree on whether the underlying act of reviewing a predecessor's work while bound by that instruction was itself impermissible -- revealing that the priority of peer notification over client loyalty was clearer to the Board than the priority of peer notification over the client's right to retain a reviewer of its choosing.
Resolved by: Faithful agent loyalty to the franchiser was treated as bounded rather than absolute, so it could not justify concealing the reviewer's identity from a fellow engineer, though the Board split on whether the act of reviewing under such an instruction was separately permissible. (confidence 0.75)
II.4. 3 principles 3 facts Conditions Narrative
Theoretical (2)

From a deontological perspective, did Engineer B fulfill his duty as a faithful agent to the franchiser while simultaneously satisfying his peer notification duty to Engineer A, given that these two obligations pulled in opposite directions?

AnalyticalRegarding Q301, from a deontological standpoint Engineer B could not simultaneously and fully satisfy both the faithful agent duty to the franchiser and the peer notification duty to Engineer A while the Franchiser Relationship Nondisclosure Directive remained in effect. The two duties were structurally incompatible for the duration of the covert review, meaning Engineer B necessarily subordinated one duty to the other; his later disclosure shows he ultimately prioritized peer notification, but only after having already breached it during the review period itself.
Resolved by: The board framed the two duties as structurally incompatible during the directive's operation, so any performance of one necessarily entailed breach of the other, with Engineer B's eventual choice favoring notification only after the fact. (confidence 0.50)
II.4. III.4. 2 principles 3 facts Conditions Narrative

Did Engineer B act with professional integrity when he accepted the review engagement without seeking clarification of the franchiser's motive for the nondisclosure instruction?

Also discussed in: C202
Counterfactual (2)

If the franchiser had not specifically instructed Engineer B to withhold disclosure of his relationship from Engineer A, would the Board still have concluded that Engineer B's eventual notification (made only after completing the review) was not consistent with the Code?

AnalyticalRegarding Q401, even absent an explicit franchiser instruction to withhold disclosure, the Board would likely still have found Engineer B's after-the-fact notification inconsistent with the Code, since the core defect lies in the sequencing of disclosure relative to the review itself, not merely in the existence of an external directive compelling secrecy. The Franchiser Nondisclosure Directive aggravates the violation but is not its sole cause; a voluntary delay in notification would raise the same peer-notice concerns.
Resolved by: The board treated the sequencing defect (notice after rather than before/during review) as the operative violation, so the external directive was weighed only as an aggravating factor, not as the determinative cause of the violation. (confidence 0.75)
II.1.c. II.4. 2 principles 3 facts Conditions Narrative

If Engineer B had notified Engineer A of his relationship with the franchiser before conducting the design review rather than after completing it, would the Board's conclusion that the notification was inconsistent with the Code still hold?

AnalyticalRegarding Q402, had Engineer B notified Engineer A before conducting the design review, the Board's conclusion would likely have been reversed, since prior notification would have preserved Engineer A's opportunity to participate in or respond to the review process, aligning with the peer notification principle recognized in BER Case 79-7. The critical fact driving the Board's negative assessment is not that notification occurred, but that it occurred only after the review was already complete.
Resolved by: The board weighed the sequencing of notice against the peer notification principle drawn from BER Case 79-7, finding that prior notice would have preserved Engineer A's opportunity to participate, thereby satisfying the Code obligation that after-the-fact notice could not. (confidence 0.80)
II.1.c. II.4. 2 principles 3 facts Conditions Narrative
Board Board question 2

Was it ethical for Engineer B to proceed with the review at that time?

Board conclusion The Board was split on the second question and could not reach agreement.
Resolved by: Board members could not agree whether client loyalty justified proceeding under a nondisclosure directive or whether peer notification obligations required refusing or delaying the engagement, leaving the two obligations unresolved against each other. (confidence 0.70)
II.4. III.4. 3 principles 3 facts Conditions Narrative
Also discussed in: C302
Implicit (1)

Does the timing of Engineer B's notification -- after completing the review rather than before or during it -- affect whether Engineer A's professional interests were adequately protected?

AnalyticalThe Board's inability to reach agreement on whether it was ethical for Engineer B to proceed with the review at that time may be partly attributable to an unresolved factual ambiguity: whether the franchiser's nondisclosure directive was motivated by legitimate business continuity concerns or by a desire to secure competitive advantage for Engineer B over Engineer A. The subsequent retention of Engineer B as the franchiser's permanent design engineer, occurring shortly after Engineer A's contract expired, suggests that the review may have functioned as a de facto tryout, which the Board's conclusions do not directly examine. Absent an explicit finding on this motive, the split among Board members may reflect differing assumptions about whether Engineer B was an unwitting participant in a competitive maneuver or a professional performing a legitimate, if awkwardly timed, review.
Resolved by: This analysis suggests the Board's disagreement may stem from differing assumptions about whether the review functioned as a competitive tryout, a factual question that would tip the balance between client loyalty and peer notification if resolved. (confidence 0.55)
II.4. III.4. 3 principles 3 facts Conditions Narrative
Theoretical (1)

Did the ultimate outcome -- Engineer B's success in disclosing his relationship and later being retained as the permanent design engineer -- justify his initial compliance with the franchiser's nondisclosure directive during the review?

AnalyticalRegarding Q302, the favorable outcome for Engineer B -- successful disclosure followed by permanent retention -- does not ethically justify his initial compliance with the nondisclosure directive. Consequentialist vindication by a good outcome cannot substitute for adherence to the Code's procedural protections for Engineer A, since the harm of covert review (denial of the opportunity to respond contemporaneously) had already occurred by the time disclosure was made, regardless of how matters later resolved for Engineer B professionally.
Resolved by: The board held that the procedural duty owed to Engineer A (contemporaneous notice) could not be retroactively satisfied by a favorable professional outcome for Engineer B, so consequentialist success was subordinated to the Code's procedural protections. (confidence 0.82)
II.1.c. II.4. 3 principles 3 facts Conditions Narrative
Counterfactual (1)

If the franchiser had retained Engineer B as its permanent design engineer before Engineer A's contract expired, rather than only afterward, would the Board still have been unable to reach agreement on whether Engineer B's review at that time was ethical?

AnalyticalRegarding Q403, if Engineer B had been retained as permanent design engineer before Engineer A's contract expired, the Board would likely still have split on Q2, but the disagreement would probably have shifted toward a stronger minority view that proceeding with the review was unethical, since earlier permanent retention would more clearly evidence that the review was conducted while Engineer B held a competing interest adverse to Engineer A's continued relationship with the franchiser.
Resolved by: The board balanced Engineer B's faithful agent duty to the franchiser against the appearance of a competing personal interest, finding that earlier retention would tip that balance further toward viewing the review as tainted by self-interest. (confidence 0.70)
II.4. 3 principles 3 facts Conditions Narrative
Analytical questions (3)

Questions the analysis generates beyond the board’s explicit questions: implicit issues, principle tensions, theoretical framings, and counterfactuals. A question with an identified source board question appears nested under that question above.

Implicit (2)

Should Engineer B have sought clarification of the franchiser's motive for requesting nondisclosure before accepting the review engagement, rather than accepting the assignment and only later deciding to disclose?

AnalyticalThe Board's reasoning could be extended by recognizing that Engineer B had an affirmative opportunity, prior to accepting the engagement, to seek clarification of why the franchiser wanted the relationship concealed from Engineer A. Because Engineer B instead accepted the assignment first and only resolved the tension between client loyalty and peer notification after the fact, the ethical failure identified by the Board may be traceable not merely to the timing of disclosure but to a threshold failure of due diligence at the acceptance stage. Had Engineer B pressed the franchiser for its rationale before agreeing to the nondisclosure condition, he might have either negotiated permission to notify Engineer A immediately or declined the engagement altogether, avoiding the conflict the Board later found problematic.
Resolved by: This extension suggests a threshold clarification duty should have been weighed before acceptance, potentially resolving the client loyalty versus peer notification conflict at the outset rather than after the fact. (confidence 0.60)
II.4. II.1.c. 3 principles 3 facts Conditions Narrative
AnalyticalRegarding Q102 and Q303, Engineer B arguably had an affirmative duty to clarify the franchiser's motive for demanding nondisclosure before accepting the Covert Review Engagement. Because the franchiser was simultaneously the party terminating Engineer A and the party retaining Engineer B, an unexplained instruction to conceal Engineer B's identity from Engineer A should have prompted scrutiny, since such secrecy could plausibly serve to gain competitive advantage in the succession process rather than to protect legitimate business affairs under III.4. Accepting the assignment without probing this motive reflects a lapse in professional diligence even if it does not rise to the level of a Code violation on its own.
Resolved by: The board weighed the duty to probe an unexplained secrecy demand against the general latitude to accept client instructions, finding the former should have prevailed given the franchiser's dual role as terminator and retainer. (confidence 0.50)
III.4. 2 principles 3 facts Conditions Narrative

Does Engineer B's subsequent retention as the franchiser's permanent design engineer suggest that the franchiser's nondisclosure instruction was intended to secure competitive advantage, and if so, should this have influenced Engineer B's willingness to accept the covert assignment?

AnalyticalRegarding Q104, the fact that Engineer B was subsequently retained as the franchiser's permanent design engineer, though the Board found no explicit evidence of a personal advantage motive (Absent Personal Advantage Motive Finding), nonetheless raises a reasonable inference that the nondisclosure directive served the franchiser's interest in evaluating a successor without alerting the incumbent. This retrospective pattern strengthens the case that Engineer B should have treated the nondisclosure request with heightened suspicion at the outset, rather than only disclosing after the review was complete.
Resolved by: The board balanced the absence of proven improper motive against the retrospective pattern of the retention outcome, concluding the pattern still supported heightened suspicion outweighing a presumption of innocent intent. (confidence 0.50)
II.4. III.4. 2 principles 3 facts Conditions Narrative
Also discussed in: C103
Principle tension (1)

When Client Loyalty in Nondisclosure Instruction and Peer Notification in Design Review point in opposite directions, which principle should take precedence, and does the answer change once the reviewing engineer has already been retained as the client's ongoing design engineer?

Also discussed in: C204 C301 C303
Decisions & Arguments (5)
View Extraction

Should Engineer B seek clarification from the franchiser about why it wants the relationship concealed before accepting the review engagement, or accept the assignment as instructed without probing the motive?

Options considered:
O1 Ask the franchiser to explain its reason for requesting nondisclosure before agreeing to take on the review, and condition acceptance on receiving a satisfactory answer. Board's choice
O2 Accept the review engagement as instructed without questioning the franchiser's reason for requiring secrecy toward Engineer A.
O3 Accept the engagement but negotiate an explicit reservation of the right to notify Engineer A promptly if concerns arise, regardless of the franchiser's stated preference.
Argument structure (Toulmin):
Grounds

The franchiser instructed Engineer B not to disclose their relationship to Engineer A before the review began; Engineer B accepted the engagement without questioning this instruction; Engineer B was later retained as the franchiser's permanent design engineer.

Warrant

An engineer asked to conceal his identity from a fellow professional under review has a duty to probe whether the request serves a legitimate business purpose before accepting, since faithful agency to a client (II.4) does not excuse omitting inquiry into instructions that risk harming a peer's interests, and confidentiality protections (III.4) apply only to genuine business or technical information.

Rebuttal

Would not apply if the franchiser's motive were clearly a legitimate business confidentiality concern unrelated to competitive advantage, in which case simple compliance without further inquiry would be permissible.

Engineer B Instruction Clarification Duty

Should Engineer B accept the review engagement under the franchiser's nondisclosure condition, decline until the condition is lifted, or accept while immediately notifying Engineer A despite the instruction?

Options considered:
O1 Decline the engagement unless the franchiser withdraws its instruction not to disclose the relationship to Engineer A.
O2 Accept the engagement and comply with the franchiser's instruction to withhold disclosure from Engineer A for the duration of the review.
O3 Accept the review engagement but notify Engineer A of the relationship at the outset, overriding the franchiser's instruction to conceal it. Board's choice
Argument structure (Toulmin):
Grounds

Engineer A's agreement with the franchiser had not yet expired when the franchiser retained Engineer B to review Engineer A's pending design work under an instruction not to disclose the relationship; Engineer B performed the review under that instruction.

Warrant

Faithful agent and trustee duty to the client (II.4) competes with the duty not to review a peer's work except with that peer's knowledge (III.8.a); where the two are irreconcilable, peer-protection duties should not be indefinitely subordinated to a client's instruction to conceal the reviewer's identity.

Rebuttal

Would not apply if declining or immediate disclosure would have caused unjustified harm to the franchiser's legitimate business continuity needs, or if the nondisclosure motive were shown to be benign and unrelated to competitive advantage.

Engineer B Faithful Agent Duty

Should Engineer B comply with the franchiser's nondisclosure directive for the full week of the review, or disclose his relationship to Engineer A as soon as the review begins?

Options considered:
O1 Follow the franchiser's instruction to withhold disclosure from Engineer A for the entire duration of the design review, disclosing only after it is complete.
O2 Inform Engineer A of the relationship with the franchiser as soon as the review begins, before proceeding further with the work. Board's choice
O3 Wait until specific design concerns arise during the review before notifying Engineer A, rather than disclosing at the very outset or only at the end.
Argument structure (Toulmin):
Grounds

Engineer B conducted the design review over a one week period while bound by the franchiser's instruction not to disclose the relationship, and notified Engineer A only after completing the review and its preliminary results.

Warrant

Peer notification duty under III.8.a requires disclosure within a reasonable time of establishing the reviewing relationship, and covert review of a peer's work deprives the reviewed engineer of the contemporaneous opportunity to respond that the norm is meant to protect.

Rebuttal

Would not apply if the one week delay caused no real harm to Engineer A's ability to respond, or if immediate disclosure was factually impossible given how the engagement was structured.

Engineer B Peer Notification Duty

Should Engineer B notify Engineer A of the relationship with the franchiser before starting the review, or only after completing it as actually occurred?

Options considered:
O1 Disclose the relationship with the franchiser to Engineer A before beginning any review of his pending design work. Board's choice
O2 Complete the entire design review under the franchiser's nondisclosure instruction and inform Engineer A of the relationship and preliminary results only afterward.
O3 Disclose the relationship to Engineer A partway through the review, once design concerns begin to surface, rather than at the very start or only at the end.
Argument structure (Toulmin):
Grounds

Engineer A's contract had not yet expired when design concerns arose; the franchiser instructed nondisclosure; Engineer B performed the full design review and only afterward disclosed the relationship and preliminary results to Engineer A, about one week later.

Warrant

Section III.8.a requires notice within a reasonable period following the establishment of the reviewing relationship and review, and this notice must protect the reviewed engineer's professional standing and ability to respond, not merely occur within some bounded delay.

Rebuttal

Would not apply if disclosing before the review created undue business risk to the franchiser's legitimate need for an independent assessment, or if Engineer A's opportunity to respond were otherwise preserved despite the delay.

Engineer B Peer Review Notice Duty Engineer B Client Interest Neglect Limit

Should Engineer B conduct the review as a fully independent evaluation insulated from the prospect of permanent retention, or allow that prospect to shape his compliance with the franchiser's nondisclosure terms?

Options considered:
O1 Perform the review as an objective technical evaluation and disclose the relationship immediately, treating any prospect of future retention as irrelevant to the review's conduct. Board's choice
O2 Perform the review under the franchiser's nondisclosure terms as instructed, and accept the subsequent offer of permanent retention once it arose.
O3 Ask the franchiser to defer any discussion of permanent retention until after the review is completed and fully disclosed to Engineer A, to avoid any appearance of self-interest.
Argument structure (Toulmin):
Grounds

Engineer B was subsequently retained by the franchiser as its permanent design engineer shortly after Engineer A's contract expired; the review had been conducted under a franchiser instruction not to disclose the relationship to Engineer A; the Board found no explicit evidence of a personal advantage motive.

Warrant

Faithful agent duty (II.4) requires engineers to avoid conduct reasonably perceived as motivated by personal advancement at a peer's expense, and objectivity in a peer review must not be compromised, even in appearance, by the reviewer's prospective personal benefit.

Rebuttal

Would not apply if the retention was coincidental and unforeseeable at the time of the review, since the Board did not find evidence of a personal advantage motive on Engineer B's part.

Engineer B Faithful Agent Duty
Event Timeline (9)
9 sequenced 7 actions 2 events
Case timeline
The franchiser decided to terminate its relationship with Engineer A and provided notice of its intent not to renew the contract with Engineer A's firm.
Causal-normative reasoning(confidence 0.70)
The Franchiser's decision not to renew the contract sets in motion both the retention of a reviewing engineer and the eventual expiration of the original agreement, making it the pivotal upstream act that structures all subsequent normative choices even though no obligation attaches to it directly.
Design concerns become pending in connection with the design of several franchise facilities across the United States, creating the condition that prompts the franchiser to seek an immediate review by Engineer B before Engineer A's contract expires.
State changes (1)
  • began: Pending Franchise Design Concerns
Before Engineer A's contract expired, the franchiser began discussions with Engineer B and retained him to immediately review pending design concerns at several franchise facilities.
Causal-normative reasoning(confidence 0.70)
Retaining the reviewing engineer, prompted by both the non-renewal notice and emerging design concerns, is the causal hinge that leads the Franchiser to issue the non-disclosure instruction and leads Engineer B to actually perform the design review, so its normative weight lies in enabling a review process whose integrity later depends on how disclosure is handled.
Prior to the review, the franchiser specifically instructed Engineer B not to disclose his relationship with the franchiser to Engineer A.
Causal-normative reasoning(confidence 0.75)
The Franchiser's instruction to withhold information directly causes Engineer B to accept the engagement without seeking clarification, meaning this instruction is the proximate source of the ethical defect even though it carries no formal violation label itself, since it structurally induces the downstream lapse.
Engineer B took the review project without first exploring why the client wanted him not to disclose his relationship with the client, an omission the Board criticized.
Violates (1)
  • Obligation to clarify the client's non-disclosure rationale before accepting
Causal-normative reasoning(confidence 0.80)
By accepting the engagement without clarifying why disclosure was being withheld, Engineer B violates the obligation to clarify the client's rationale and fails the Faithful Agent and Trustee standard that should have guided the decision, a failure made consequential because it was this very engagement that led to the design review and the belated disclosure to the reviewed engineer.
State changes (1)
  • began: Unclarified Nondisclosure Instruction Motive
Engineer B reviewed the pending design information for the franchiser the week following his retention.
At stake (1)
  • Obligation to act as faithful agent or trustee for the client
Causal-normative reasoning(confidence 0.75)
Because Design Review Performance arises directly from Engineer B's retention by the franchiser and leads onward to the disclosure decision, performing the review faithfully and competently as a trustee for the client matters since any deficiency or bias here would taint the entire downstream judgment about Engineer A's work.
Following his review and despite the client's instruction, Engineer B notified Engineer A of his relationship with the franchiser and the preliminary results of his review. The Board found this disclosure unethical.
Violates (2)
  • Obligation to act as faithful agent or trustee for the client
  • Obligation not to notify Engineer A after the client's instruction
Causal-normative reasoning(confidence 0.80)
Disclosure to Reviewed Engineer directly violates both the general duty of faithful agency to the client and the specific instruction not to notify Engineer A, so even though it is guided by a professional norm favoring notice to the reviewed engineer, this action represents Engineer B prioritizing a competing obligation over the client's explicit non-disclosure directive that had causally set the terms of the engagement.
Engineer A's design services agreement with the franchiser expires by its own terms following the earlier notice of non-renewal, ending the original engineer-client relationship and clearing the way for the franchiser to formally retain Engineer B as design engineer.
State changes (1)
  • began: Post-Expiration Engagement End
Several weeks later, after Engineer A's agreement expired, the franchiser retained Engineer B as its design engineer.
Causal-normative reasoning(confidence 0.65)
Retaining the design engineer only becomes possible once the contract has expired, so this action is normatively significant mainly as a consequence that closes the causal loop begun by the non-renewal notice, without itself bearing direct obligations.
Narrative (3 main characters)
View Extraction
Opening Context

Written in second person from the engineer's point of view, so you read the case as the professional experienced it. Underlined names link to the character's profile below.

You are Engineer B, a licensed engineer who has been approached by a major franchiser operating a chain of stores throughout the United States. The franchiser has been working with Engineer A's firm for several years, but has recently issued notice of its intent not to renew that contract. Before the current agreement with Engineer A expires, the franchiser contacts you and asks you to immediately review pending design concerns affecting several franchise facilities across the country. The franchiser makes clear that this engagement is meant to ensure continuity once the transition occurs, and specifically instructs you not to disclose your relationship with the franchiser to Engineer A while the current contract remains active. You are being asked to begin this review the following week, working with design information related to the franchise facilities, while Engineer A remains formally retained and unaware of the franchiser's arrangement with you. You must now navigate a series of decisions about how to proceed with this engagement, how to handle the franchiser's nondisclosure directive, and how to conduct yourself professionally toward Engineer A throughout this transition period.

Main characters (3)

Each card shows the roles a person holds and the tensions those roles raise for them. A single person may carry several roles in the case, and a tension between obligations can implicate more than one person at once. Click Show all tensions for the full list.

Engineer A Roles in this case: Design Engineer

Guided by: Peer Notification in Design Review, Client Loyalty in Nondisclosure Instruction, Peer Review Notice in Succession Review

Engineer B's professional duty to notify Engineer A that his work is being reviewed conflicts with the franchiser's directive that the nature of the relationship between B and the franchiser, or the review itself, not be disclosed to A. Fulfilling the notification duty risks breaching the nondisclosure directive imposed by the client.

Engineer B's duty to act as a faithful agent to the franchiser, which may include keeping the review confidential for competitive or contractual reasons, pulls against the separate professional obligation to notify a fellow engineer, Engineer A, that his design work is under scrutiny.

Engineer B's duty to seek clarification from the franchiser about the scope and purpose of the review may require discussions that risk revealing information to Engineer A, conflicting with the constraint that such information be withheld from A.

Engineer B Roles in this case: Reviewing EngineerDesign Engineer

Engineer B's professional duty to notify Engineer A that his work is being reviewed conflicts with the franchiser's directive that the nature of the relationship between B and the franchiser, or the review itself, not be disclosed to A. Fulfilling the notification duty risks breaching the nondisclosure directive imposed by the client.

Attaches to role: Reviewing Engineer

Engineer B's duty to act as a faithful agent to the franchiser, which may include keeping the review confidential for competitive or contractual reasons, pulls against the separate professional obligation to notify a fellow engineer, Engineer A, that his design work is under scrutiny.

Attaches to role: Reviewing Engineer

Tension between Engineer B Peer Review Notice Duty and Engineer B Client Interest Neglect Limit

Attaches to role: Reviewing Engineer

Engineer B's duty to seek clarification from the franchiser about the scope and purpose of the review may require discussions that risk revealing information to Engineer A, conflicting with the constraint that such information be withheld from A.

Attaches to role: Reviewing Engineer
Franchiser Client

Engineer B's professional duty to notify Engineer A that his work is being reviewed conflicts with the franchiser's directive that the nature of the relationship between B and the franchiser, or the review itself, not be disclosed to A. Fulfilling the notification duty risks breaching the nondisclosure directive imposed by the client.

Engineer B's duty to act as a faithful agent to the franchiser, which may include keeping the review confidential for competitive or contractual reasons, pulls against the separate professional obligation to notify a fellow engineer, Engineer A, that his design work is under scrutiny.

Engineer B's duty to seek clarification from the franchiser about the scope and purpose of the review may require discussions that risk revealing information to Engineer A, conflicting with the constraint that such information be withheld from A.

The Board’s deliberation

How the Board of Ethical Review resolved the case, verbatim from its published conclusions.

Engineer B's act of notifying Engineer A of his relationship with franchiser was not consistent with the Code.
The Board was split on the second question and could not reach agreement.
Opening States (10)
Non-Renewal Notice Window Franchiser Nondisclosure Directive Covert Review Engagement Engineer A Review Awareness Pending Franchise Design Concerns Post-Expiration Engagement End Trustee Term Interpretation Ambiguity Unclarified Nondisclosure Instruction Motive Absent Personal Advantage Motive Finding One Week Notification Delay
Summary
  • A client's explicit confidentiality directive can outweigh the general professional courtesy of notifying a peer engineer that his work is under review.
  • Engineers who accept a confidential review assignment are expected to honor that confidentiality rather than unilaterally deciding to disclose the relationship to the reviewed engineer.
  • Faithful agency to the paying client is treated by the board as the controlling obligation when it directly conflicts with informal norms of professional courtesy toward a fellow engineer.

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