2.1 CLIENT-CIVIL ENGINEER RELATIONSHIPS Obligations of the Civil Engineer 1. Perform the agreed upon scope of the services. 2. Exercise reasonable skill, care, and diligence in the performance of obligations. 3. Act independently and, as required by the contract, perform with the necessary skills and professional judgment, when required to certify, decide, or exercise discretion between the client and a third party with whom the client has a contract. 4. Authorized to act as the client’s faithful agent when required but only as 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. Direct and cooperate with all other professionals and integrate their work where applicable, but shall not be professionally liable for their (other professionals’) work 8. May recommend specialist suppliers and/or contractors to design and execute certain parts of the works, but the civil engineer shall be relieved of all responsibility for the design, manufacture, installation, and performance of any such parts of the works. The civil engineer shall not be liable for acts of negligence, default, or omission by such person or persons. 9. Notify the client of any interest the civil engineer has which may significantly conflict with the interests of the client under their contract. Obligations of the Client 1. Pay the civil engineer for his services, with the amount determined in their agreement. 2. Provide the civil engineer within reasonable time all information required by the civil engineer in the performance of his services. 3. Cooperate with the civil engineer and shall not interfere with or obstruct the proper performance of the services. 4. Make arrangements that enable the civil engineer to enter the site and inspect facilities needed in the performance of his services. 5. 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 on behalf of the client, 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 the particulars of the change. Liability of the Civil Engineer and the Client Limitation of 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, design, or specifications not prepared by the civil engineer or other personnel under the direct control of the civil engineer. 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, programmes, sequences, or procedures adopted by any contractor or other third party responsible for executing any aspects of the project. Damages If found that the civil engineer undertaking services is liable to the client, damages shall be payable on the following 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 or 25% 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 2.2 CIVIL ENGINEERING SERVICES 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 of 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 18. Provision of supplemental temporary staff 19. Teaching 2.3 SPECIALIZATION IN CIVIL ENGINEERING Five specializations recognized by PICE 1. Structural engineering 2. Geotechnical engineering 3. Water engineering 4. Transportation engineering 5. Construction management and engineering