Step 3: Temporal Dynamics Pass (Facts)

Section Content:

Facts:
Engineer A owns a consulting engineering firm specializing in civil engineering and surveying services associated with land development.
Business has been very successful, so much so that Engineer A has taken steps to expand the business.
Among other things, Engineer A purchased land for a new office building, he retained an architect, and he retained Engineer B, his friend and a structural engineer consultant, to perform the structural design.
Construction drawings were completed, permits were issued, a contract was let, and the contractor began construction of the new office building – which included a basement.
However, early during the process of constructing the basement there was a significant structural failure.
While observing the failed system, Engineer A noticed what he believed was “odd” structural bracing and other questionable structural details.
To obtain a second opinion about the failure, Engineer A retained a well-respected structural engineer, Engineer R, to perform an independent review of the structural drawings and the failed basement structure.
Engineer R’s review revealed a surprising number of serious structural design errors, omissions, and faulty details, not only for the failed basement, but also for the portions of the structure that had not been built yet.
Engineer A retained Engineer R to completely redesign the structure.
As a professional courtesy, and because he considered Engineer B a personal friend, Engineer A met privately with Engineer B and confronted him with the faulty design, including Engineer R’s report.
At this meeting, Engineer B divulged he had suffered a stroke a few months prior.
Being the only licensed professional engineer in his firm, for financial and other reasons, Engineer B felt he could not afford to suspend work or close his office.
Rather, Engineer B’s wife took over management of the business, and Engineer B delegated practically all design work to Engineer Intern C, a graduate engineer employee with about two years’ experience.
The way they operated was, Engineer Intern C (who was fully aware of Engineer B’s impaired condition) would perform the structural design and develop the construction drawings, and Engineer B would sign and seal the drawings with little to no review.
Ultimately, this process led to the failure of Engineer A’s building.
Because of their long friendship and consideration of Engineer B’s impairment, Engineer A did not report Engineer B to the State Board.