Design and Construction of House in a Flood-Prone Area

NSPE Board of Ethical Review
2/15/12 – APPROVED
Case No. 11-9
Pg. 1

Conflict of Interest—Public Health and Safety—
Design and Construction of House in Flood Area
Case No. 11-9
Facts:
First Owner wants to build a house and hires Architect A and Engineer B. Following disagreements over the location of the house due to potential flooding and drainage issues, First Owner terminates Architect A and Engineer B after paying their fee. First
Owner then hires Architect C and Engineer D to design the house. After the house construction is completed, First Owner then sells the House to Second Owner.
Following a heavy rain, Second Owner discovers that the house has serious flooding and drainage issues and sues First Owner. Second Owner hires Architect A and
Engineer B to perform redesign services for the house. Engineer B is a fact witness and could also serve as an expert witness in the lawsuit.
Questions:
1.
In light of Engineer B’s concerns, did Engineer B have any ethical obligation to report to appropriate public authorities First Owner’s decision to locate the house in an area subject to potential flooding and drainage issues?
2.

Would it be ethical for Engineer B to perform redesign services for the house?

3.

Would it be ethical for Engineer B to serve as an expert witness in connection with the litigation between First Owner and Second Owner?

References:
Section II.1.c.

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NSPE Code of Ethics:

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.

Section III.4.

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NSPE Code of Ethics:

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.

Section III.4. a.

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NSPE Code of Ethics:

Engineers shall not, without the consent of all interested