Ce Laws_section1.ppsx

THE PRACTICE OF CIVIL ENGINEERING 1.1 GENERAL 1.2 PROFESSIONAL RESPONSIBILITY 1.3 CLIENT-CIVIL ENGINEER RELATIONSHIP 1.4 CIVIL ENGINEERING SERVICES 1.5 SPECIALIZATION IN CIVIL ENGINEERING 1.6 ELECTION OF A CIVIL ENGINEER 1.7 PRIME PROFESSIONAL PRACTICE 1.8 EMPLOYMENT 1.9 DESIGN COMPETITION 1.10 CONTINGENCY BASIS OF EMPLOYMENT 1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS

1.1 general This manual addresses the procurement of the civil engineering services for a quality project. Quality results from team effort and is measured by the degree of satisfaction of all parties. The development of this manual is predicated on the basis that Civil Engineering services are accomplished in a manner meeting the standard care of the profession of civil engineering.

1.2 professional responsibility Civil Engineers shall conduct themselves in a highly Professional Manner and Serve as Faithful Trustees and Agents of their client or employers. Civil Engineers are therefore bound by fundamental canons of ethics contained in this manual. Care and Protection of the environment is a paramount in the Civil Engineer’s work engagement. Civil Engineers must always strive to maintain the highest standard of ethical Professional Practice in their dealing with Client employers, employees, competitors and community.

1.3 Client -Civil engineer relationship 1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER 1. The civil engineer shall perform Scope of the Services as stated in SECTION 2. 2. The Civil Engineer shall exercise reasonable skill, care and diligence in the performance of his obligations. 3. The Civil Engineer shall act independently and, as required by the contract, perform with the necessity skills and professional judgment, when required to certify, decide or exercise discretion between the Client and Third party with whom the Client has a contract.

4. The Civil Engineer is authorized to act as the Client’s faithful agent when required but only as implied in SECTION 2 or implied in the contract adopted for the Project. 5. When aware of any matters which will change or has changed the scope of the services, the Civil Engineer shall give written notice to the Client containing particulars of the change. 6. For specified Staged Services, the Civil Engineer shall not initiate or proceed with any subsequent stage of the Services without the approval of the Client. 7. When required, the Civil Engineer shall direct and cooperate with all other professionals and integrate their work where applicable into that being undertaken by the Civil Engineer and other professionals, but shall not be professionally liable for their work.

8. The Civil Engineer may recommend specialist suppliers and/or contractors to design and execute certain parts of the Works, in which case the Civil Engineer shall coordinate the design of such part or parts with the overall design of the Works but he shall be relieved of all responsibility for the design, manufacture, installation and performance of any such part or parts of the Works. The Civil Engineer shall not be liable for acts of negligence, default or omission by such person or persons. 9. The Civil Engineer shall notify the Client of any interest the Civil Engineer has which may significantly conflict with the interests of the Client under their contract.

1.3.2 OBLIGATIONS OF THE CLIENT 1. The Client shall pay the Civil Engineer for his services, the amount of fees and expenses set out in or determined in their Agreement. 2. The Client shall provide the Civil Engineer within reasonable time (that does not result in delay to the provision of the Services), all information required by the Civil Engineer in the performance of his services and a decision in writing on all matters properly referred to the Client in writing. 3. The client shall cooperate with the Civil Engineer and shall not interfere with or obstruct the proper performance of the Services. 4. The Client shall, as soon as practicable, make arrangements to enable the Civil Engineer to enter the site and inspect facilities needed in the performance of his services.

5. The Client shall arrange for the provision of services from other professionals or others as may be required and bear all costs. 6. When the Civil Engineer is required to administer the work of other professionals or other third parties who are directly contracted by the Client or when the Civil Engineer is required to act as Engineer-to-the-Contract for any contract on behalf of the Client then all instructions by the Client shall be given through the Civil Engineer. 7. When aware of any matter which will change or has changed the scope of the Civil Engineer’s Services, the client shall notify in writing within 7 days the Civil Engineer containing, as far as practicable, the particulars of the change.

1.3.3 LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT The Civil Engineer shall only be liable to pay damages to the Client arising out of or in connection with their Agreement if a breach of duty of care is established against the Civil Engineer.   The Client shall only be liable to pay damages to the Civil Engineer if a breach of the Client’s duty to the Civil Engineer is established against the Client.   Resolution of any conflict arising from the Agreement between the Civil Engineer and the Client shall be done by giving preference the process of arbitration.   Establishment of the breach of duty on the part of the Civil Engineer and that of the breach of the Client’s duty to the Civil Engineer shall be undertaken by a third party arbitrator mutually acceptable to the Client and the Civil Engineer.

1.3.3a LIMITATION OR CIVIL ENGINEER’S RESPONSIBILITY 1. The Civil Engineer shall have no responsibility or liability for costs, loss or damage of whatsoever nature arising from any errors in or omission from data, documents, plans, designs or specifications not prepared by the Civil Engineer, or other personnel under the direct control of the Civil Engineer, and arising from any act or omission or lack of performance or nay negligent or fraudulent act or omission by the Client or any other Consultant, Contractor or supplier to the Client or any employee or agent of the Client, Other Consultants, Contractors or suppliers.

2. Notwithstanding any recommendation or lack of recommendation made by the Civil Engineer to the Client, the Civil Engineer shall not be held to have made any warranty or promise as to the suitability, competence or performance of any Other Consultant, Contractor, supplier, or other third party. 3. The Civil Engineer shall not be responsible for the techniques, method, programs, sequences or procedures adopted by any Contractor or other third party responsible for executing any aspect of the project, nor for their performance on time, the failure to carry out the work in accordance with any contract documents or for any other commissions.

1.3.3b DAMAGES damages shall be payable on the ff. terms: 1. Damages payable shall be limited to the amount of reasonably foreseeable loss and damage suffered as a direct result of such breach; 2. The maximum amount of damages payable in respect of liability, whether under the law or contract, or otherwise, is limited to the amount specified in the Specific Provision or, if no such amount or provision is specified, to the lesser of P300, 000 or 10% of the total amount of damages of the portion of the work attributable to the Civil Engineer’s breach of duty or25% of the total of fees payable under their Agreement; 3. If found to be liable, in circumstances where the acts or omissions of a third party have contributed to the loss or damage, the proportion of damages payable by the party found liable shall be limited to that proportion which is attributable to that party’s breach of duty, whether the claims are made under contract or otherwise.

1.3.4 suspension or termination of fees If circumstances arise for which the Civil Engineer is not responsible and which make it impractical or impossible for the Civil Engineer to perform in whole or in part the Services in accordance with their Agreement then the Civil Engineer shall promptly notify the Client of the same. If by reason of the abovementioned circumstances certain Services had been suspended, the time for their completion shall be extended by the extent of the delay plus a reasonable period for their resumption, or if the speed of performing certain Services has to be reduced, the time for their completion shall be extended as is necessary by reason of the circumstances.  

The Client may suspend all or part of the Services or terminate the Agreement by written notice of not less than 30 days to the Civil Engineer who shall immediately make arrangements to stop the Services and minimize further expenditure. The Civil Engineer by written notice of no less than 30 days may terminate the Agreement or at his and or her discretion without prejudice to the right to terminate, suspend the performance of the whole or part or the Services under the following conditions: 1. When 30 days after the due date or payment of any account the Civil Engineer has not received payment of that part of it which has not by that time been contested in writing or; 2. When Services have been suspended for a period exceeding 6 calendar months, or if it is clear to the Civil Engineer that it will be impossible or impractical to resume the suspended Services before the period of suspension has exceeded six months.

1.3.5 settlement disputes If a dispute arises on either party, then that party shall by notice in writing served on the other party of the details of the dispute and request that the dispute be resolved by conciliation. If the manner in dispute is not resolved in conciliation between the parts within the prescribed time then the matter in dispute shall be referred to arbitration.

1.3.6 ownership of data, designs and documents The design analyses, drawings, specifications and reproductions thereof are instruments or service owned by the Professional Engineer and shall be used only for the specific project covered by the agreement between the Client and Engineer.

1.4 civil engineering services Civil Engineers and civil engineering firms, whether they serve public or private employers (clients) can provide a variety of important services which are described in Section2. Typical services may include: 1.Design, consultations and advice 2.Feasibility studies 3.Field investigations and engineering data collection 4.Environmental assessments, impact statements or engineering reports 5.Opinions pr probable construction cost 6.Preliminary and final designs, drawings, specifications and construction bidding documents 7.Assistance in securing construction bids and in awarding contracts

8.Construction administration and observation 9.Arrangements for or performance of testing of materials and equipment 10.Assistance in start-up, assessment of capacity ,and operation of facilities 11.Preparation of operation and maintenance manuals 12.Appraisals and rate studies 13.Value engineering 14.Expert testimony 15.Assessment of risks 16.Structural remediation or rehabilitation 17.Project management and controls Provision of supplemental temporary staff 18.Teaching

1.5 specialization in civil engineering PICE recognizes specializations in the fields of:   1.Structural engineering 2.Geotechnical engineering 3.Water engineering 4.Transportation engineering 5.Construction management and engineering

1.6 selection of a civil engineer The engagement of a Civil Engineer is one of the most important decisions to be made during the development of an engineering project. The accomplishment of the client’s objectives and commitment of financial resources, soundness of design, and suitability of the proposed project for its intended function rest upon the experience, organization, skill. Integrity, and judgment of the Civil Engineer. The Civil Engineer’s recommendations based on these actors, affect life-cycle costs and thereby influence the economic feasibility of the undertaking.

1.7 pre professional practice The guidelines in this manual refer specifically to the engagement of engineering services where the consulting Civil Engineers serve as the client directly as a prime professional, and where the client is usually as the owner of the project. Some information in this manual is also applicable when the Civil Engineer serves the client indirectly as a sub consultant through another engineer or architect who serves as the prime official. These services may also be performed through another entity on a designbuild construction management, or turnkey project.

1.8 employment The guidelines in this manual also refer to Civil Engineers employed by professional consulting firms, government agencies, education institutions, construction firms, manufacturing and commercial entities and other entities.  

1.9 design competition Design competition is a process through which a Civil Engineer is selected above other competitors based on proposal or an innovative approach to solving a client’s needs. Competing firms are normally shortlisted from a number of engineers responding to a client’s solicitation either directly by a letter request or indirectly through newspaper or other form of publication. The civil engineer should be awarded a stipend to participate in the competition.

1.10 contingency basis of employment Canon 5 of the PICE Code of Ethics provides that “Engineers may request, propose or accept professional commissions on a contingency basis only under circumstances in which their professional judgments would not be compromised.” Although contingent commissions are permissible, it is the general view of PICE that it is not in the best interest of the client or the public for the Civil Engineer provide professional services on a contingency basis.

1.11 professional practice of foreign civil engineer Foreign Civil Engineers are allowed by law (See RA 8981) to practice civil engineering in the Philippines under the following instances: 1. The laws of the foreigner’s state or country allow the citizens of the Philippines to practice civil engineering on the same basis and grant the same privileges as those enjoyed by the subjects or citizens of such foreign state or country. 2. Allowed under international agreement.

3. Consultants to be engaged in foreign-funded, joint venture or foreign-assisted projects of the government. 4. Employees of Philippine of foreign private institutions pursuant to law. 5. Civil engineers who were former citizens of the Philippines. Who had been registered and issued a certificate of registration and a professional identification card prior to their naturalization as a foreign citizens ,and who, while in the country on a visit, sojourn or permanent residence, desire to practice their profession.

The End!!!

REPORTED BY: ENGR. SHIELA B. CABERTE