conflict of interest

[haynewp]

There is a project that has a large amount of demo on the site required prior to building the new structures. The contractor wants to hire us to design the shoring of certain existing structural elements during the demo process. This likely will be with the same contractor that will be building the new buildings on the site later. We are paid by the owner for the new building designs and not by the contractor.

Since this shoring design for the contractor is before the contractor begins the work on the new buildings and is not shoring the new buildings themselves, would this be a conflict of interest assuming this same contractor is going to be doing both the demo and the new buildings? We are already under contract with the owner and working on the new building designs. If not, would it become a conflict of interest if there is overlap in the time the demo is still taking place and when new construction begins (demo still going on at one area of the site and new construction at another area).

 

[ukengineer58]

I don't see why. We do jobs for clients and exclude temporary works. They obvious need designing do if contractor asks us to do it fine. I see no Potential conflict. Unless the contractor uses the contract to pressure you to give on something spec wise. In that case your ethics come into Play.

 

[ron9876]

I also don't see a conflict but I would let my client know,

 

[BAretired]

A conflict could arise if a dispute developed between the contractor and owner and you were working for both parties. It would be a good idea to ask your present client, the owner, if he has any objections to the arrangement. If not, it should be safe to proceed.

BA

 

[racookpe1978]

No conflict - actually many benefits of common assumptions, common soil and rock tests, common analysis methods between demo and construction and final soil states, single point-of-contact as things revise, no missing drawings or missing material or incorrect calculations based "we thought you were going to ..." and "we always thought the other guy knew that about this thing before he did that other thing ...."

A "conflict of interest" case assumes that the "conflict" harms the public or the client by benefiting only one party involved.

 

[haynewp]

I think disclosing should cover it, here is the ethic section:



"Engineers shall act for each employer or client as faithful agents or
trustees.
a. Engineers shall disclose all known or potential conflicts of interest
that could influence or appear to influence their judgment or the
quality of their services.
b. Engineers shall not accept compensation, financial or otherwise,
from more than one party for services on the same project, or for
services pertaining to the same project, unless the circumstances are
fully disclosed and agreed to by all interested parties."

 

[BAretired]

b. Engineers shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties."

The key words there are "and agreed to by all interested parties". I agree that there may be benefits to the same engineer doing both jobs, but the original client must agree before undertaking the contractor's work. If he does not, then it is clearly a conflict of interest.

BA

 

[haynewp]

So getting the agreement in written form by all parties is what I will do.

 

[Hokie93]

I recommend follow the requirements of the PE Board Rules and Regulations in the project jurisdiction. The ethics citations you quoted appear to be from the NSPE Code of Ethics for Engineers and while those are excellent guidelines, they are not applicable in any jurisdiction unless adopted by that jurisdiction.

 

[haynewp]

Good point.