DP3

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

DP3

When contacting Engineer X, should Engineer A provide a full explanation of the certificate of authority requirement's purposes and legal consequences of non-compliance, or limit the communication to a bare notification of the apparent violation?

When Engineer A contacts Engineer X as part of collegial counsel, Engineer A must decide the substantive content and scope of that communication. Specifically, Engineer A must determine whether to limit the contact to a bare notification of the potential violation, or to fulfill the fuller collegial duty by explaining the substantive reasons for the certificate of authority requirement — including its purposes of identifying licensed engineers in the state, their licensure status, office locations, and engineers in responsible charge — and the practical legal consequences of non-compliance, such as impaired ability to seek judicial redress, inability to enforce contracts, and inability to obtain payment for engineering services rendered in State P.

Engineer A explains to Engineer X both the regulatory purpose of the certificate of authority requirement — identifying licensed engineers present in the state, their licensure status, office locations, and engineers in responsible charge — and the practical legal consequences of non-compliance, including impaired ability to seek judicial redress, inability to enforce contracts, and inability to obtain payment for services rendered in State P, enabling Engineer X to make a fully informed decision to remedy the violation.

Engineer A limits his communication to informing Engineer X that XYZ Engineering appears to lack a required certificate of authority in State P and that Engineer A may be required to report this to the licensing board, without explaining the underlying regulatory purposes or legal consequences — fulfilling the bare notification duty but falling short of the full collegial counsel obligation.

Engineer A Certificate of Authority Consequence Explanation to Engineer X