Clients wants my report on their letter 1

[photoengineer]

I provide independent Professional Engineering services to a client. They have me perform independent site evaluations. I like doing work for the company.

Recently, they provided a new template and have asked that I write reports on their company letterhead featuring their company logo. They'd like all of the site evaluation reports to look the same.

Is there any ethical issues with putting my report, seal, and signature on a report on a report sporting my clients letterhead?

Thanks

 

[woodman88]

I would think you should talk to your state engineering board on this. I would not have a problem doing this. But would state something like this "The following report is being provided to the above company by John Doe PE as an independent contractor."

Garth Dreger PE - AZ Phoenix area
As EOR's we should take the responsibility to design our structures to support the components we allow in our design per that industry standards.

 

[Ron]

Since you are doing site evaluations that apparently involve engineering evaluation, in most states you must either be an individual practicing under your name or a business entity for which you are the qualifier.

In this case your client is providing a report for others to use (in the public realm) so they must typically have a certificate of authorization as they (the company) are providing engineering services (through you, but under their banner).

As woodman88 noted, check with your state board. I don't think it is an ethical issue, but a legal one.

 

[photoengineer]

Ron,

The report isn't for others to use. I don't want to say the specifics of my particular client, but will use a similiar example.

Say the city of Los Angeles hired me to do an evaluation of a sewer main. They've asked me to write the report on City of Los Angeles letterhead.

This particular work doesn't require a certificate of authorization. I do it under my own name (no company involved) and the report is only for the client.

Woodman, like your suggestion.

 

[zdas04]

I wouldn't do it. When I first started my business (and still had an accountant), my accountant said that the single biggest mistake that new consulting firms fall into is to provide the appearance that they are too closely affiliated with a client. One of the examples he used was that if I signed my name to a client's letterhead I would have great difficulty convincing the IRS that they weren't "directing my work" which is one of the tests to determine if they need to give me a 1099 or a W-2. He said the tax penalties of getting that wrong were major.

I don't see anything in the P.E. code that would keep me from doing it, it is the tax code that scares me.

David

 

[IRstuff]

"the report is only for the client."

But, you have zero control over what the client does with your report later. They may be using your reports to their own ends, and if you agree to their arrangement, you will have failed your due diligence and become entangled in whatever they're doing, which may be illegal.

We just went through ethics training at work, and this situation is what is called a "red flag." The only plausible reason that they would want your report on their letterhead is hide the fact that they aren't doing the work themselves. This is definitely a red flag situation, and you need to amp up your defenses or you'll get dragged down into the mire when they get caught.

TTFN

FAQ731-376
Chinese prisoner wins Nobel Peace Prize

 

[JStephen]

The state of Texas recently came out with a rule requiring the company to be identified when a PE seal is placed. The issue was a person stamping a drawing with a letterhead for a company when that person was not an employee of that company. Sounds like you could get into a similar situation, which may or may not be clearly covered by state rules.

 

[casseopeia]

I don't see much difference between what your Client is asking and being a short-term contract employee who authors reports that are put on the Client's letterhead. I don't think there is an ethical problem for you, photoengineer, but there might be one for your Client if they are using your services as an independent contractor to avoid payroll taxes. But if your Client is retaining the services of several outside contractors to produce reports on numerous sites in a short period of time because they lack the regular staff to handle an unusual event, even if all of you are supplied with a desk and computer, the Client is probably in the clear.

"Gorgeous hair is the best revenge." Ivana Trump

 

[photoengineer]

Thanks for all of your posts. Reading them through again, I see everyone's point. I think that not having their logo at the top of my reports would be preferable. Thanks again.

 

[SLTA]

photoengineer, I think that's the best choice... here in NC, I'm required to have my company name and registration number on all reports/letters/drawings I produce. Easier to do on my own letterhead. Maybe you could write a cover letter on their letterhead for the report on your letterhead?

 

[monkeydog]

It seems easier for photoengineer to prepare the report in his own letterhead, and let his customer perpare a cover page on their letter head.

Company ABC Letter Head
Attached is report from Photoengineer LLC for Project X.

 

[beej67]

Simplest approach:

You could phrase your contract with your client in such a way that you're only providing them engineering labor, and they're in responsible charge of the document, and then make them stamp it and hold you harmless.



Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[oldrunner]

I have also seen "additional" information added to reports that others have signed their names to. Had one client that wanted to have all the "reports" in one document and discovered this little trick. The attorney on the case didn't see a problem with this, so we didn't work with him anymore either. And the "signing" consultant (an expert witness type) appeared a little distressed but went along with the ploy. After all, he had a good thing going.

 

[lacajun]

I've been on NSPE's website and they have a case similar to this and it seems they would deem it unethical for a company to misrepresent your work as theirs.

 

[csd72]

I would present it to the client as such:

If there was ever an issue that required use of the report as evidence than a report that was clearly labelled with the logo of another company would be seen as more independent than one which was under the clients logo. An independent report generally holds more sway than an internal one.

I have the opposite problem with many of our reports here in that I need to get another external consultant to do some condition surveys as I cannot be deemed independent as I am an employee of the company.