Question: Engineer A is retained by Local School Development Authority to review the design of a smoke detection system in a school designed by Engineer B.

Engineer A is retained by Local School Development Authority to review the design of a smoke detection system in a school designed by Engineer B. The system has not yet been approved by code officials because the design is deemed incomplete. Engineer A reviews the work of Engineer B on behalf of Local School Development Authority and recommends substantial changes to the design details. Engineer B continues to prepare design documents for the smoke detection system but does not incorporate Engineer As recommendations into the design. The smoke detection system design is never completed, and the school opening is delayed indefinitely. Local School Development Authority sues Engineer B for negligent design. The state has a requirement that before a lawsuit may be brought against a professional engineer for professional negligence, the attorney filing the lawsuit must consult with a professional engineer and thereafter a certificate of merit must be filed and signed by the professional engineer asserting that, in the professional engineers opinion, the lawsuit is not frivolous and has merit. The attorney for Local School Development Authority asks Engineer A, who will be called as a fact witness at the trial, to also review the case file and prepare and sign a certificate of merit indicating that, in Engineer As professional opinion, the case being brought against Engineer B is not frivolous and has merit.

Question 6. Would it be ethical for Engineer A to agree to perform the review of Engineer Bs work? Why? Would it be ethical for Engineer A to sign the certificate of merit?

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