DP15

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP15

Should Engineer B proceed with the design review before notifying Engineer A, or treat pre-review notification of Engineer A as a mandatory prerequisite that must be satisfied before any substantive review work begins?

Engineer B must decide whether to proceed with the design review before notifying Engineer A — conducting the review under the confidentiality instruction and notifying only afterward — or to treat pre-review notification as a procedural prerequisite that must be satisfied before any substantive review work begins, even if that means defying the franchiser's instruction at the outset of the engagement rather than after the review is complete.

Proceed with the full design review under the franchiser's confidentiality instruction, then notify Engineer A of the engagement relationship and preliminary findings after the review is complete, treating post-review notification as a reasonable accommodation of both the client's instruction and the peer notification obligation.

Treat pre-review notification of Engineer A as a mandatory procedural prerequisite under Section III.8.a, notifying Engineer A of the engagement before conducting any substantive review work, even if this requires defying the franchiser's confidentiality instruction at the outset rather than after the review is complete.

Begin preliminary scoping of the engagement but suspend substantive design review work until the franchiser either authorizes notification to Engineer A or Engineer A's contract expires, thereby preserving the faithful agent duty while avoiding the most prejudicial form of covert review — conducting substantive analysis of active work without the incumbent's knowledge.

Engineer B