NSPE Code of Ethics Case Study (MISREPRESENTATION OF A BUSINESS RELATIONSHIP)

II.5.a. – Code of Ethics: Engineers shall not falsify their qualifications or permit misrepresentation of their, or their associates’ qualifications. They shall not misrepresent or exaggerate their responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers or past accomplishments. FACTS: Engineer A is starting out as a consulting engineer. Engineer A is the first to respond to a notice in the newsletter of a local chapter of an engineering society asking for volunteers to help organize a consultant’s referral network. Engineer B, a society officer, asks Engineer A to help organize the network as well as others who express interest. Some time later, Engineer B calls to ask Engineer A if Engineer A would look at an engineering problem. Engineer A goes to Engineer B’s office expecting to get the particulars of a referral, since some members of the developing network are in the habit of giving one another referrals. Engineer B then accompanies Engineer A to the potential client’s office, but because the referral process is new, Engineer A does not discuss arrangements with to Engineer B. In the middle of the client’s description of the engineering problem, the client asks about the contractual relationship. Engineer B replies that Engineer A will subcontract to Engineer B on the project.

QUESTIONS:

Question 1: Was it ethical for Engineer B to indicate that Engineer A will subcontract to Engineer B on the project?

Question 2: What were Engineer A’s ethical obligations under the circumstances?