Law of Obligations elateR@r icra Obligations word “obligare” meaning to bind. iridical necessity to », to do or not to do. Four Essential Requisites of Obligations . A passive subject -the person who is bound or has the duty to fulfill the obligation, called the debtor or obligor. An active subject — the person who can demand the fulfillment of the object or presentation, called the creditor or obligee. 4 An object or presentation — this is the subject matter of the obligation. It is either the giving of a thing, or the doing, or not the doing of something. A juridical tie, legal tie or the vinculum — it is that which binds the parties to the obligation. It is otherwise known as the efficient cause.a. Derived from Law — determined in the Civil Code or in special laws are demandable and shall be regulated by the precepts of the law. Derived from Contracts - the force of law between the contracting parties and should be complied with in good faith. The contract must be valid and enforceable and must not be contrary to law, morals, good customs, public order or public policy. Derived from quasi-contracts — lacks the element of consent, and no formal contract between the parties. However, the law considers them to have entered into an agreement purposely to prevent injustice. d. Derived from delicts or crimes - person committing a criminal offense is obliged to pay for the injury thus inflicted Crimes or delicts - acts or omissions punished by law (felony). Derived from Quasi-delicts — an act or omission by one person which causes damage to another giving rise to the obligation to pay for the damage done, there being fault or negligence, and there is no pre-existing contractual relation between the parties.+ DEFINITION OF CONTRACT h an agreement between two or more competent parties to perform or provide an c tasks and servic t starts ele = It is also a form of an agreement to buy or sell goods and services from or to another party. - It may also an agreement for certain obligations to be performed or refrained from + WHY DO WE NEED CONTRACT? > As to Formality -— Contracts in the form of verbal is best to be formalized or documented. Relea h oR mie cate aie s to Participan alc that jointly enters into a single ero tolel ee R eRe gee a ule M ae Recall Ree tele hy Se Soe, Rod rere colt competent in terms of legal doc and lic mentsFundamental Elements of contracts Oy eet SRE] PM reiee Ruste are Re Rois vere > ole eet eg CMM Rec eRuR Rae ctehoy] Uae oreo aR Rolo >, eration — Refer to either a promise or money. It is a vital part of a contract because it is the eae mR Cm Ce oa Ramana Recor oray , mpetency —To establish one party's competency to enter Viract means fo ensure that hey have capacity knowingly and consensually enter into For a contract to be enforceable, both parties must understand the terms t's terms and do so > Mutuality of Obligati eee ea mercCn a nunca char nmie eo simultaneously. Warde ko > Legal Capacity - While comp aroha Tolan oR oa edo ecdiearon ace tency is the legal establishment or a party's abi Ceres Keramec reac oan taer aia eal re ie talWHAT INVOLVES IN THE.USUAte@ONDITIONS OF THE CONTRACT FOR CONSTRUCTION? Wao a Rollie What are th aa What are the insurar he services be paic Pai Betelfo Kelme lolslel (7 12 ion shall prevc eer Titel el roaRolM ia Mle ReMi Reels ¢ letion within the duration has been delayed, how will it be tre n the involved Parties, canFACTORS TO BE CONSIDERED IN SELECTING THE CIVIL ENGINEER ssional and ethical reputation Pa Oise ro Rareec rule ReN auteurs >» Demonstrated qualification and expertise. yan are oho) ole to assign qualified engineering staff > Should have necessary financial and business resources.Common Types of Construction Contract Ae nsec Bechet Ce eee bc anos cot MANS ss CMe ct ee osteogenic sce ttn ST nig eco UC Rr ened . Cost Plus Contract — Normally require the owner to pay for all the project expenses, like the cost of materials oat etme setter errr C RTE rps ttc meer Rascal Cat ec stir cca onc costs incurred plus a fixed fee subject to a ceiling price. RE ee CR CeCe ec es Onn ions asp aC Ce ECR Cte toe BotCharging for Civil Engineering Services 1. Salary Cost Times Multiplier Plus Direct Non-Salary Expense (Reimbursable ) Se Rn Coe hte kote Cet B sist saz Creede neentp ase eee niece lets (cg). 59) POU se et ele tert tees anihic to tte rtse Mer Oar Ge cenGtrsC attorney Baars 2. Hourly Billing rate plus reimbursable SECS seo pr CRC Roku cr eR rae ta RCT Crm acne Re Ra es Cia situcec Soci eeiE ccsioeo Cr terre Cn Gatios ectadoote icteric ZA Ue teat Mel setts (omPe oar b to 1) + Normally refers to an eight-hour day. Direct personnel services are frequently charged on per diem Post 4. Cost Plus Fixed Fee Sebuao ent Coser rc boa Cero er Ree er a COC En yore occ eck Cesta including: ROCs cry meres Direct non-salary expenses Pert ete Oi Ces ots oe nt ocr eae Sree Roy Ste ce Cnet erates a 5. Fixed Price Se ech Re oer ccc neces Cae coc ent! Pe siete Cnt ttn at Cent totter kevstc ort here serve and a reasonable amount for profit.6. Percentage of Construction Cost ( Percentage ) PERCE Sconce Roce C ce re Mech Crs Tha Cacao a cic ct sg ROP a Ch aC ost Ct ecto sascha Cie Cote Romeo ts Cron seco tee tsitcry PBEM ritaGIN SCHEDULE OF MINIMUM BASIC FEE (CIV) the Civil Engineer assumes PART A - Minimum Compensation For Civil Engineer as Prime Professional. \ overall coordination including architectural and other engineering services, the Engineer is prime profession, market buildings, and comparable Group |- Simple structures such as lofts, warehou projects of one but not more than two stories. Project Construction Cost Minimum Basic Fe PLO million and less 6! Over P10 million to P20 million P600,000 plus 5.5% in excess of PLO million Over P20 million to P30 million P1,150,000 plus 4.5% in excess of P20 million, Over #30 million 1,600,000 plus 3.5% in excess of P30 millionSCHEDULE OF MINIMUM BASIC FEE (CIVIL ENGINEER) a a prime profession, rehouses, garages, sheds, market buildings, and comparable Group! Simple structures suchastoits. projects of one but ng more than two storie Project Construction Cost Minimum Basic Fees + O97 ww Eaton se 1s() ae 206,00) - Over #30 millip@ ®1,600,000 pls 3.5% in excess of P30 million a PLO million Over PLO million to P20 r Over P20 million to P30-million in excess of P20 millions, memorials, industrial ble projects Group 1-8 ildings of 3 stories up to 14 stories, towers, tanks, exhibition buildin silos and buildings, simple bridges, low dams, piers, wharves, bins a Project Construction PLO million and less 7% (Over PLO million to P20 million P700,000 plus 6.5% in excess of PLO million Over P20 lion to P30 milion P1,350,000 plus 5.5% in excess of P20 million Qver P30 million P1,900,000 plus 4.5% in excess of P30 millionPART B Mi renders ba imum Compensation For Civil Engineer as Professional Not Prime. When the Civil Engineer <, only his fee shall be as follows Project Construction Cost Minimum Basic Fees P10 million and less 1.05% ver P10 million to P20 million P105,000 plus 0.975 s of PLO million, Over P20 million to P30 million P202,500 plus 0.825% of in excess of P20 million, Over P30 million P285,000 plus 0.675% in excess of P30 millionstep | Steps Step 8 19,880 | 20,046 | 12,756 [13,493 14,319 15,192 16,115 17,092 18,124 19,438 | 20,725 22.477 25,952 28,117 3 | _37,044 | 37.465 40,444 | 40,907 44,184 | 44,694 ‘asi | 42.332 | 42 30,547 33,297 | 36,323 [39,650 [43.311 342 | 52,130 | 60,389 66,797 | 67,837 768 | 65,774 | 83,235 | 84,594 78,111 | 79,336 I 94.057 | 95,5: 6253 [95,975 97.152 102,140 | 103,808 | 105,502 110,753Salary Grade Table for All Government Plantilla Positions Engineer! Engineer i Engineer I Engineer IV Engineer V Engineering Aide Engineering Assistant Instructor | Instructor I Instructor I Assistant Professor | Assistant Professor Il Assistant Professor Ill Assistant Professor IV 12 13 4 15 16 v7 18 Associate Professor | Associate Professor II Associate Professor Ill Associate Professor IV Associate Professor V Professor | Professor Il Professor Ill Professor IV Professor V Professor VI 20 2 2 23 24 28 a 28 29