DP3
Individual
9fa546cc
http://proethica.org/ontology/case/176#DP3
Properties
Parent
Decision Point Id
DP3
Decision Question
Should Engineer A proactively disclose the role-inherent tension between loyal agency and contractual impartiality — and the structural confirmation bias risk arising from the dual designer-arbiter role — before accepting the dispute resolution function, or rely on the contractual impartiality clause as sufficient constructive notice?
Focus
Engineer A, having been retained as both designer and construction-phase dispute resolver for the same Owner, must decide whether to proactively disclose — before or at the time of accepting the dispute resolution role — that the contractual impartiality obligation may produce findings adverse to the Owner's interests, and that Engineer A's prior design decisions may be implicated in any dispute arising from changes in the work.
Option1
Before accepting or exercising the dispute resolution function, proactively explain to the Owner that the contractual impartiality obligation requires findings based on evidence rather than client preference, that adverse findings are possible, and that Engineer A's prior design approvals may be implicated in any dispute — thereby foreclosing the Owner's subsequent loyalty complaint at its inception.
Option2
Treat the contractual impartiality provision as sufficient disclosure of the role's implications, proceeding to exercise the dispute resolution function without supplemental verbal clarification, on the grounds that the Owner read and signed the contract and is bound by its terms.
Option3
Disclose to both the Owner and Contractor that Engineer A's role as designer creates a structural confirmation bias risk when adjudicating disputes involving Owner-approved changes, and offer the parties the option to appoint a third-party reviewer for disputes that directly implicate Engineer A's prior design decisions — while remaining available to serve as interpreter for disputes that do not implicate those decisions.
Role Label
Engineer A
TTL
@prefix rdf: <http://www.w3.org/1999/02/22-rdf-syntax-ns#> .
@prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> .
@prefix owl: <http://www.w3.org/2002/07/owl#> .
@prefix proethica_case_176: <http://proethica.org/ontology/case/176> .
<http://proethica.org/ontology/case/176#DP3> a owl:NamedIndividual ;
rdfs:label "DP3" ;
rdfs:subClassOf <http://proethica.org/ontology/cases#DecisionPoint> .
Metadata
Ontology
Type
Individual
Content Hash
9fa546ccb006ce0f...Last Updated
2026-03-08 16:29
Extraction Provenance
Generated
2026-03-01T11:26:14.466945
Generated By
ProEthica Case 176 Extraction