THE PRACTICE OF CIVIL ENGINEERING discretion between the Client and a Third party
with whom the Client has a contract.
1.1 GENERAL 4. The Civil Engineer is authorized to act as the this manual addresses the procurement of civil Client’s faithful agent when required but only as implied in section 2 or implied in the contract engineering services for a quality project. adopted for the project. QUALITY 5. When aware of any matters which will change - is one satisfactorily meeting both the or has changed the scope of the services, the expectations of the client or employer and the Civil Engineer shall give written notice to the requirements of the project. Client containing particulars of the change. - results from team effort and is measured by the 6. For Specified Staged Services, the Civil Engineer degree of satisfaction of all parties involved. shall not initiate or proceed with any subsequent stage of the Services without the 1.2 PROFESSIONAL RESPONSIBILITY approval of the Client. 7. When required, the Civil Engineer shall direct Standard of practice is for Civil Engineers to be given and co-operate with all other professionals and responsibility for: integrate their work where applicable into that 1. Studying being undertaken by the Civil Engineer and 2. Conceiving other professionals, but shall not be 3. Designing professionally liable for their work. 4. Observing Construction 8. The Civil Engineer may recommend specialist 5. Assisting in the programming for operating and suppliers and/or contractors to design and maintaining engineering work execute certain parts of the works, in which case the Civil Engineer shall co-ordinate the Civil Engineers shall conduct themselves in a design of such part or parts with the overall highly Professional Manner and Serve as design of the works but he shall be relieved of Faithful Trustees or agents of their client or all responsibility for the design, manufacture, employers. installation and performance of any such part or Civil Engineers are therefore bound by the parts of the works. The Civil Engineer shall not Fundamental Canons of Ethics contained in this be liable for acts of negligence, default or manual. omission by such person or persons. Care and protection of the environment is 9. The Civil Engineer shall notify the Client of any paramount in the Civil Engineer’s work interest the Civil engineer has which may engagement. significantly conflict with the interests of the Civil Engineers must always strive to maintain Client under their Contract. the highest standard of Ethical Professional Practice in their dealing with client employers, 1.3.2 OBLIGATIONS OF THE CLIENT employees, competitors and the community. 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. 1.3 CLIENT-CIVIL ENGINEER RELATIONSHIP 2. The Client shall provide the Civil Engineer within PROPER RELATIONSHIPS BETWEEN CIVIL ENGINEERS reasonable time (that does not result in delay to AND THEIR PUBLIC AND PRIVATE CLIENTS the provision of the Services), all information 1. OBLIGATIONS OF THE CIVIL ENGINEER required by the Civil Engineer in the 2. OBLIGATIONS OF THE CLIENT performance of his services and a decision in 3. LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT writing on all matters properly referred to the -LIMITATION OR CIVIL ENGINEER’S Client in writing. RESPONSIBILITY 3. The Client shall cooperate with the Civil -DAMAGES Engineer and shall not interfere with or 4. SUSPENSION OR TERMINATION OF SERVICES obstruct the proper performance of the 5. SETTLEMENT OF DISPUTES Services. 6. OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS 4. The Client shall, as soon as practicable, make arrangements to enable the Civil Engineer to 1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER enter the site and inspect facilities needed in 1. The Civil Engineer shall perform Scope of the the performance of his services. services as stated in section 2. 5. The Client shall arrange for the provision of 2. The Civil Engineer shall exercise reasonable skill, services from other professionals or others as care and diligence in the performance of his may be required and bear all costs. obligations. 6. When the Civil Engineer is required to 3. The Civil Engineer shall act independently and, administer the work of other professionals or as required by the contract, perform with other third parties who are directly contracted necessary skills and professional judgement, by the Client or when the Civil Engineer is when required to certify, decide or exercise 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 or, if no such amount or provision is the Civil Engineer. specified, to the lesser of P300,000 or 10% 7. When aware of any matter which will change or of the total amount of damages of the has changed the scope of the Civil Engineer’s portion of the work attributable to the Civil Services, the Client shall notify in writing within Engineer’s breach of duty or twenty five 7 days the Civil Engineer containing, as far as is percent of the total of fees payable under practicable, the particulars of the change. their agreement. 3. If found to be liable in circumstances where 1.3.3 LIABILITY OF THE CIVIL ENGINEER AND THE the acts or omissions of a third party have CLIENT contributed to the loss or damage, the proportion of damages payable by the party • Civil Engineer shall only be liable to pay found liable shall be limited to that damages to the client arising out of or in proportion which is attributable to that connection with their Agreement if a breach of party’s breach of duty, whether the claims duty of care is established against the Civil are made under contract or otherwise. Engineer. • Client shall only be liable to pay damages to the 1.3.4 SUSPENSION OR TERMINATION OF SERVICES Civil Engineer if a breach of the Client’s duty to the Civil Engineer is established against the • If circumstances arise for which the Civil Client. Engineer is not responsible and which make it impractical or impossible for the Civil Engineer a) Limitation or Civil Engineer’s Responsibility to perform in whole or in part the Services in accordance with their Agreement then the Civil 1. The Civil Engineer shall have no Engineer shall promptly notify the Client. responsibility or liability for costs, loss or • The Client may suspend all or part of the damage of whatsoever nature arising from Services or terminate the Agreement by written any errors in or omission from data, notice of not less than 30 days to the Civil documents, plans, design or specifications Engineer who shall immediately make not prepared by the Civil Engineer, or other arrangements to stop the services and minimize personnel under the direct control of the further expenditure. Civil Engineer, and arising from any act or omission or lack of performance or any The Civil Engineer by written notice of no less than 30 negligent or fraudulent act or omission by days may terminate the Agreement or at his and or her the Client or any Other Consultant, discretion without prejudice to the right to terminate, Contractor or supplier to the Client or any suspend the performance of the whole or part or the employee or agent of the Client, Other Services under the following conditions: Consultants, Contractors or suppliers. 1. When 30 days after the due date or payment of 2. Not withstanding any recommendation or any account the Civil Engineer has not received lack of recommendation made by the Civil payment of that part of it which has not by that Engineer to the Client, the Civil Engineer time been contested in writing, or shall not be held to have made any 2. When Services have been suspended for a warranty or promise as to the suitability, period exceeding 6 calendar months, or if it is competence or performance of any Other clear to the Civil Engineer that it will be Consultant, Contractor, supplier, or other impossible or impractical to resume the third party. suspended Services before the period of 3. The Civil Engineer shall not be responsible suspension has exceeded six months. for the techniques, method, programmes, sequences or procedures adopted by any 1.3.5 SETTLEMENT OF DISPUTES Contractor or other third party responsible for executing any aspects of the Project, nor If a dispute arises on either party, then that for their performance on time, their failure party shall by notice in writing served on the to carry out the work in accordance with other party of the details of the dispute and any contract documents or for any other request that the dispute be resolved by acts or omissions. conciliation. If the matter in dispute is not resolved in b) Damage conciliation between the parties within the prescribed time then the matter in dispute shall 1. Damages payable shall be limited to the be referred to arbitration. amount of reasonably foreseeable loss and damage suffered as a 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 1.3.6 OWNERSHIP OF DATA, DESIGNS AND 1.5 SPECIALIZATION IN CIVIL ENGINEERING DOCUMENTS PICE (Philippine Institute of Civil Engineers) The design analyses, drawings, specifications – recognizes the initial five areas of and reproductions thereof are instruments of specialization. service owned by the Professional Engineer and – awards certificate that will consider shall be used only for the specific project qualification for positions in the covered by the agreement between the Client respective areas of specialization and Engineer. SPECIALIZATION OF CIVIL ENGINEERS AND CIVIL ENGINEERING FIRMS 1.4 CIVIL ENGINEERING SERVICES 1. Structural and foundation 2. Geotechnical and environmental Services included: 3. Water resources and hydraulics 1. Design, consultations and advice 4. Transportation 2. Feasibility studies 5. Construction management and engineering 3. Field investigations and engineering data collection 1.6 SELECTION OF A CIVIL ENGINEER 4. Environmental assessments, impact statements Engagement of a Civil Engineer or Engineering reports - one of the most important decisions to be 5. Opinions of probable construction cost made during the development of an engineering project 6. Preliminary and final designs, drawings, Cost of the full range of engineering services specifications and construction bidding - not less than 1 to 2% of the life-cycle cost of documents most construction projects 7. Assistance in securing construction bids and in Continuity of service awarding contracts - aids in developing a relationship between the 8. Construction administration and observation Civil Engineer and the client 9. Arrangements for or performance of testing of materials and equipment 1.6 SELECTION OF A CIVIL ENGINEER 10. Assistance in start-up, assessment of capacity, Critical importance in selection of a Civil Engineer as a and operation of facilities consultant 11. Preparation of operation and maintenance 1. qualifications manuals 2. experience 12. Appraisals and rate studies 3. reputation 13. Value engineering 4. quality of client service 14. Expert testimony 15. Assessment of risks Detailed scope of services greatly reduces the potential 16. Structural remediation or rehabilitation for misunderstandings or confusion 17. Project management and controls PICE (Philippine Institute of Civil Engineers) supports 18. Provision of supplemental temporary staff procedures such as those specified by CIAP Documents 19. Teaching 101 and 102, Executive Order 164, and PD 1594
TALENTS OF VARIOUS DISCIPLINE OF PROFESSIONAL 1.7 PRIME PROFESSIONAL PRACTICE
CIVIL ENGINEERING FIRMS guidelines in this manual refer specifically to 1. Economists the engagement of engineering services where: 2. Planners Consulting Civil Engineers – serves as prime 3. Engineers and designers professional 4. Estimators Client – serves as owner of the project 5. Architects 1.8 EMPLOYMENT 6. Scientists guidelines in this manual refer to Civil Engineers 7. Technical analysts employed by professional consulting firms, 8. Specification writers government agencies, educational institutions, 9. Drafters construction firms, manufacturing and 10. Field representatives commercial entities and other entities 11. Surveyors 1.9 DESIGN COMPETITION process through which a Civil Engineer is PROGRAM MANAGEMENT selected above other competitors based on Program Manager proposal or innovative approach to solving a - performs specialized tasks necessary to the client’s needs development or construction of a specific 1.10 CONTINGENCY BASIS OF EMPLOYMENT project Canon 5c or PICE Code or Ethics provides that - develop, define and oversee the program, “Engineers may request, propose or accept professional prepare budgetary estimates of program costs, commissions on a contingency basis only under prepare program schedules, evaluate and select circumstances in which their professional judgments members of the program team, and provide would not be compromised.” periodic program status reports 1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS Foreign Civil Engineers are allowed by law (RA 8981) to practice civil engineering in the Philippines under the following instances: 1. The laws of the foreigner’s state allow the citizens of the Philippines to practice civil engineering on the same basis and grant the same privileges as those enjoyed by the citizens of such foreign state. 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 Philippines or 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 foreign citizens, and who, while in the country on a visit, sojourn or permanent residence, desire to practice their profession.