Civil Engineering Ethics 2

[Jenilyn65]

I work for a Civil Engineer who has been a City Engineer for particular City for over 10 years. Recently the City hired a new Engineer. The new Engineer has repeatedly requested documents from us that were designed for the City while we were under its employ. ? Who owns the data that was prepared by our firm and is it ethical for them to request it from us?

I really need to know if I am required to give this Data over the the City.

Thanks

 

[cvg]

the city probably owns it and it is ethical to ask for it. I have never withheld that type of data from a city or county client. not sure what you would have to gain by not handing it over.
you could ask for some compensation as it does take significant time to retrieve the old files. realize that you were under no obligation to archive that data for the city for the past 10 years, you could just say you deleted the old files to make room for new ones.

 

[msquared48]

Does this involve potential litigation? If so, consult your lawyer first.

If not, then what's the problem other than the research time and printing costs? Being a city municipality, it's actually a matter of public record, unless they are gas lines.

Mike McCann
MMC Engineering

 

[Jenilyn65]

Our only issue with this at this point is that it has been over a year now and we still are continually getting requests for our information. I agree that we should be compensated for our time to retrieve and research this information.

Thanks

 

[Ron]

Check your contract for ownership of documents. Since you were doing work as the City Engineer, they probably own the documents, so they have a right to get them. They do not have a right to get them without compensation. There might be (and should be) a clause in the contract that covers providing additional information.

 

[MiketheEngineer]

It begs the question - Why doesn't the City have copies of the original work - they were the client??

You might consult with a lawyer to see if can get a "feel" if they are "witch-hunting". But if it is for any legal reason - they will just get a court order and then you WILL be talking to your lawyer...

 

[Jenilyn65]

That is my problem with it all. All these documents were sent to the City when the projects were complete. We have told the new Engineer to retrieve the documents from the City but its like talking to children. We have been so kind as to give them not only hard copies but also our CAD work as well and finally got fed up with it all the requests and told them to get what they needed from the City but alas the phone calls keep coming.

It is not in litigation and we have always had a great working relationship with this particular client but how long are we required to hold the new guys hand?

 

[hokie66]

I assume this is a private consultant acting for the City. If that is the case, I would make it plain that requests for further information about this previous work should come from the City itself. When the City finds out they will be invoiced for your time in document retrieval, perhaps they will look harder for the required information.

 

[Ron]

Jenilyn65...I think I understand your situation now. Hokie66 is exactly right. I thought it was the City requesting the docs, but it is the consultant who replaced your firm. You owe them nothing. Have them go through the City.

 

[Maury]

My company went through a similar situation when working as City Engineer. We were regularly requested to provide copies of documents that the City already had. A phone call to us was less work (for them) then going to their files and locating what they needed. This continued for a while after even after we were replaced as City Engineer, until they figured out it was taking a really long time (as in never) to provide what they wanted.

 

[Jenilyn65]

I appreciate all your replies so much. I am going to show this to my employer and see what he wants to for any future requests.

Thank you all so much. I love this forum.

Jenilyn