The Practice

of Civil
Engineering
PART 2
 SUSPENSION OR
TERMINATION OF
SERVICES

CLIENT SETTLEMENT OF
- DISPUTES

CIVIL
ENGINEER
OWNERSHIP OF
RELATIONSHIP DATA,
DESIGNS AND
DOCUMENTS
Suspension or Termination
of Services
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.
Suspension or Termination
of Services
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.
Suspension or Termination
of Services
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.
Suspension or Termination
of Services
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.
Suspension or Termination
of Services
When the Services are suspended or
terminated the Civil Engineer shall be entitled
to payment for the Services carried out
including consequential costs, expenses and
disruption fees incurred as a result of the
suspension or termination, and
remobilization fees on resumption.
Suspension or termination of the Agreement
shall not prejudice or affect accrued rights or
claims and liabilities of the parties.
 ENGINEER RELATIONSHIP
CLIENT-CIVIL
Settlement of
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 matter in dispute is not resolved in
conciliation between the parties within prescribed time
then the matter in dispute shall be referred to arbitration.
 ENGINEER RELATIONSHIP
CLIENT-CIVIL
Ownership of Data,
Designs and Documents
The design analyses, drawings, specifications and
reproductions thereof are instruments of service owned by
the Professional Engineer and shall be used only for the
specific project covered by the agreement between the
Client and Engineer.
 The Practice of Civil Engineering
CIVIL ENGINEERING
SERVICES
CIVIL ENGINEERS AND CIVIL ENGINEERING FIRMS,
WHETHER THEY SERVE PUBLIC OR PRIVATE
EMPLOYERS (CLIENTS) CAN PROVIDE A VARIETY OF
IMPORTANT SERVICES. TYPICAL SERVICES MAY
INCLUDE:

Design, consultations and advice      

Feasibility studies
Field investigations and engineering data collection
CIVIL ENGINEERING

The Practice of Civil Engineering

SERVICES
Environmental assessments, impact statements or engineering reports
Opinions of probable construction cost
Preliminary and final designs, drawings, specifications and
construction bidding documents
Assistance in securing construction bids and in awarding contracts
Construction administration and observation
Arrangements for or performance of testing materials and equipment
Assistance in start-up, assessment of capacity, and operation of
facilities
CIVIL ENGINEERING

The Practice of Civil Engineering

SERVICES
Preparation of operation and maintenance manuals
Appraisals and rate studies
Value engineering
Expert testimony
Assessment of risks
Structural remediation or rehabilitation
Project Management and controls
Provision of supplemental temporary staff    
Teaching
The Practice of Civil Engineering

SPECIALIZATION IN
CIVIL ENGINEERING

Within the practice of civil engineering, the PICE recognizes the

initial five areas of specialization. A Civil Engineer who has
demonstrated his knowledge, experience, education and training
in accordance with the requirements of the concerned Specialty
Committee of PICE is awarded a certificate of specialization by
PICE. Those awarded with the certificates are considered
qualified for positions in the respective areas of specialization.
The Practice of Civil Engineering

SPECIALIZATION IN
CIVIL ENGINEERING

The PICE recognizes specializations in the fields of

Structural Engineering,
Geotechnical Engineering,
Water Engineering,
Transportation Engineering and
Construction Management and Engineering.
SELECTION OF A CIVIL
ENGINEER
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 recommendation based on these
factors, affect life-cycle costs and thereby influence the
economic feasibility of the undertaking.

The Practice of Civil Engineering

SELECTION OF A CIVIL ENGINEER
The cost of the full range of engineering services typically amounts to
not less than 1 to 2% of the life-cycle cost of most construction
projects. It is, therefore in the client’s best interest to engage the most
qualified and reputable Civil Engineers or Civil Engineering firm
available. It is usually advantageous for the client to select a Civil
Engineer who can support the project from conception through
design, construction and project start-up. Continuity of service aids
in developing a relationship between the Civil Engineer and the client,
which will add to the success of the project.

The Practice of Civil Engineering

SELECTION OF A CIVIL
ENGINEER
Qualifications, experience, reputation and quality of client
service are of critical importance in the selection of a Civil
Engineer as a consultant. Selection based primarily on cost of
services, with limited consideration of the competence or
expertise of the consultant, can result in unsatisfactory service to
the client and in higher overall project costs.

The Practice of Civil Engineering

SELECTION OF A CIVIL
ENGINEER
Once a Civil Engineer is selected, detailed discussions between
the engineer and client to define the scope and expectations of
the engineering services to be provided are essential before
negotiating a fee for services. A clearly defined scope of
services greatly reduces the potential for misunderstandings or
confusion which can later evolve into project delays and claims
for additional compensation. A detailed scope of services
protects the interests of both the client and the consultants.

The Practice of Civil Engineering

 SELECTION OF A CIVIL
ENGINEER
The Philippine Institute of Civil Engineers supports procedures
such as those specified by CIAP Documents 101 and 102,
Executive Order 164 and PD 1594 as amended. In applying
these procedures the selection, procurement and
administration of engineering services should be the
responsibility of the owner or the owner’s engineering staff.

The Practice of Civil Engineering

The Practice of Civil Engineering PROFESSIONAL PRACTICE OF
FOREIGN CIVIL ENGINEERS
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.
The Practice of Civil Engineering PROFESSIONAL PRACTICE OF
FOREIGN CIVIL ENGINEERS
FOREIGN CIVIL ENGINEERS ARE ALLOWED BY LAW (SEE RA 8981)
TO PRACTICE CIVIL ENGINEERING IN THE PHILIPPINES UNDER
THE FOLLOWING INSTANCES:

4. Employees of the Philippine 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.
The Practice of Civil Engineering PROFESSIONAL PRACTICE OF
FOREIGN CIVIL ENGINEERS

The application of the law is however not automatic.

Foreign civil engineers must still secure a certificate of
registration/license or special permit from the Professional
Regulation Commission. Agencies, organizations or
individuals, whether public or private, who secure the
services of a foreign civil engineer, are made responsible
by law (R.A. 8981) for securing a special permit from PRC
and the Department of Labor and Employment pursuant to
their respective rules.
ENJOY THE LITTLE
THINGS, FOR ONE DAY
YOU MAY LOOK BACK
AND REALIZE THEY
WERE THE BIG THINGS.
God bless.
Robert Brault