DP1

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

DP1

Should Engineer A render an impartial, evidence-based determination in the Owner-Contractor concrete pour dispute even though it finds against the Owner, or should Engineer A find in the Owner's favor on loyalty grounds?

Engineer A, retained by the Owner and contractually designated as the initial interpreter of contract documents and judge of work acceptability, must decide whether to render an impartial, evidence-based determination in the concrete pour dispute — finding in the Contractor's favor when the facts support that outcome — or to find in the Owner's favor out of client loyalty, despite the technical and contractual merits supporting the Contractor.

Apply the contractually designated impartial interpreter role strictly, ruling in the Contractor's favor based on the established facts that the Owner approved the relevant changes and the Contractor complied — treating the technical and contractual merits as the sole basis for the determination regardless of client preference.

Interpret the faithful agent duty as requiring a finding in the Owner's favor, reasoning that the retaining client relationship creates an obligation to resolve ambiguities and close judgment calls in the Owner's interest, particularly where the Owner's approval of changes could be construed as a discretionary rather than binding decision.

Decline to render a determination on the grounds that the dual role of designer and dispute resolver creates an irresolvable structural tension, and recommend that the parties appoint a neutral third-party arbitrator with no prior involvement in the project to adjudicate the concrete pour dispute.

Engineer A