NSPE Code of Ethics Case Study (Taking Over Clients of Former Employer)

Facts:

Engineer A was employed by Engineer B, a consulting engineer, and was assigned as the project engineer in charge of several projects. During the course of work on these projects Engineer B decided that he would terminate his general consulting practice in order to specialize in another field of engineering in another location. Engineer B asked Engineer A if he would be willing to enter into an arrangement whereby Engineer A would complete the work on the projects on the basis of a division of the profits on those projects, and thereafter Engineer A would continue the general practice on his own behalf and responsibility under the continuing firm name of Engineer B with a division of profits for future work. Following discussions between Engineers A and B over the details of the proposed arrangement, the parties were not able to reach agreement on a number of details, such as the division of profits on the existing or future projects, assumption of potential liability on those projects, and the transfer of equipment and facilities of Engineer B. Upon the breakdown of those negotiations, Engineer A then proposed that if Engineer B did in fact close his office, abandon the local projects, and open an office in another location for a different type of practice that he (Engineer A) would open an office in his own name and offer his services to the clients to complete the projects. Engineer B questions whether Engineer A may ethically assume the completion of the projects without his concurrence.

Questions:

1. Would it be ethical for Engineer B to abandon the projects under way?

2. Would it be ethical for Engineer A to offer his services to complete the projects under his own responsibility and risk without the concurrence of Engineer B?