INNOVATION November-December 2021

D I S C I P L I N E A N D E N F O R C E M E N T

Engineers and Geoscientists BC’s website contains information on the complaint, investigation, and discipline processes. You can contact us at 604.558.6647 or toll-free at 1.888.430.8035 ext. 6647, or by email at complaints@egbc.ca .

DISCIPLINARY NOTICE: KONSTANTIN POPOV Engineers and Geoscientists BC issued a Notice of Inquiry to Konstantin Popov on June 23, 2020, alleging that Mr. Popov demonstrated unprofessional conduct, incompetence, or negligence when, in 2015, while acting as a Project Manager, encouraged a welder to submit a higher bid for welding work than that already tendered by the welder, and to split the welder’s increased profit with Mr. Popov through Mr. Popov’s company. The Notice of Inquiry alleged that the intention of the suggestion was to create and profit from a rigged bid process to the detriment of the owner of the project. The Notice of Inquiry also alleged that, in the alternative, Mr. Popov placed himself in a conflict of interest position when he accepted payment from the welder for project management services for assisting the welder with completion of work on the project, while also acting as Project Manager for the project on behalf of the client. A disciplinary inquiry was held July 6 to 9, 2020. Before the disciplinary inquiry, Mr. Popov resigned his registration with Engineers and Geoscientists BC. On December 4, 2020, a panel of the Discipline Committee (the Panel) issued its determination, indicating that the allegation related to the rigged bid process was not proven on a balance of probabilities. However, with regards to profit splitting, the Panel determined the testimony of other witnesses at the hearing was inconsistent and lacked credibility and reliability. The witnesses described significant differences in the circumstances of the payment from the welder to Mr. Popov. The Panel was not satisfied that Engineers and Geoscientists BC has proven the allegation on a balance of probabilities. In its determination, the Panel noted that Engineers and Geoscientists BC argued that if the evidence does not support the rigged bid process allegation, it still amounts to a conflict of interest, because Mr. Popov accepted payment through his company

from the welder while acting as the Project Manager for the client. The Panel agreed that Mr. Popov’s conduct amounted to a conflict of interest because Mr. Popov was required to act faithfully towards his client. The Panel noted that by pursuing a business relationship with one of his client’s subtrades, Mr. Popov placed himself in a position where decisions made on behalf of one party could materially affect the interest of the other party in which he had an interest. Mr. Popov failed to disclose the relationship between him and the welder to his client, and accepted payment from more than one interested party for services pertaining to the same work. The Panel found this conduct amounted to unprofessional conduct, that Popov breached Principles 4 from the Code of Ethics (for not avoiding a conflict of interest), and Principle 5 of the Code of Ethics (for accepting payment from two parties for services pertaining to the same work, or on the same project without disclosure and consent of all parties). The Panel also found that Mr. Popov breached Principle 7 of the Code of Ethics for placing himself in a position in which he was accepting payment from one party while in a position to influence or make decisions on behalf of another party which would affect his own interest. On June 1, 2021, the Panel issued its Decision on Penalty and Costs, ordering that Mr. Popov’s registration be suspended for a period of four months if it is ever successfully reinstated with Engineers and Geoscientists BC. Before he is reinstated, Mr. Popov must successfully complete Professional Engineering and Geoscience Practice in BC Online Seminar, and the Professional Practice Examination. The Panel also ordered that Mr. Popov pay a fine of $10,000 and $23,546.23 towards legal costs.

The full text of the order of the Panel can be found in the Disciplinary Notices section of our website, at egbc.ca/Discipline-Notices .

AD INDEX NOVEMBER/DECEMBER 2021 Drillwell................................................ 24 Foundex............................................... 29 Johnson............................................... 32 INNOVATION

Langley Concrete Group. .................... 11 Manulife ..............................................40 Mud Bay Drilling.................................... 5 Norton Rose Fulbright ....................... 25 Oyen Wiggs Green & Mutala ..................................... 6 Park Insurance. .................................... 2

PI Financial . ..........................................7 SHK Law Corp (Clyde & Co)................ 20 St. Michaels University School...........18 Technical Safety BC............................. 8 UBC Sauder Continuing Business Studies ................................13 University of Victoria ..........................21

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