LEGAL ISSUE IN

ENGINEERING
MANAGEMENT
 CONTRACT
★ a contract refers to a legally binding agreement between
CONTRACT two or more parties that outlines the terms and conditions
of a project or work to be performed. It serves as a formal
AND document that establishes the rights, obligations, and

EMPLOYMENT
responsibilities of each party involved in the engineering
project.

LAW TYPES OF CONTRACT

Lump Sum or Fixed Price Contract
 ★Under a Lump Sum or Fixed Price Contract,
the contractor agrees to perform the work

CONTRACT
specified and described in the contract for a
fixed price.
AND
★
EMPLOYMENT changed upon the execution of a change order,
The price of a fixed contract can only be

LAW under which the owner and the contractor

either
 TURNKEY CONTRACT
★ A turnkey contract is a business arrangement in
CONTRACT which a project is delivered in a completed state.

AND
Rather than contracting with an owner to develop a
project in stages. The developer is hired to finish the
EMPLOYMENT entire project without owner input. The builder or

LAW
developer is separate from the final owner or
operator, and the project is turned over only once it
is fully operational.
 COST PLUS CONTACT
★ The Cost Plus Contract is a type of a construction
CONTRACT contract under which the owner agrees to pay the

AND
complete cost of the materials and labor needed to
needed to build the project along with a fee for the
EMPLOYMENT contractor’s overhead and profit. This contract type

LAW
is favored where the scope of work is highly
uncertain or indeterminate and the type of labor,
material, and equipment needed to build the project
is also uncertain in nature.
 DESIGN AND BUILD
★ Design and Build procurement works
CONTRACT on the basis that the main contractor is
AND responsible for undertaking both the
EMPLOYMENT design and construction work on a project,
for an agreed lump-sum price.
LAW
 EMPLOYMENT LAW
★ a set of laws that deal with the rights of employees
CONTRACT and the responsibilities of employers

AND ● Employers are required to provide written

EMPLOYMENT employment contracts to their employees, specifying

LAW
the terms and conditions of employment, such as job
description, salary, benefits, working hours, and
duration of employment. Contracts should comply
with the provisions of the Labor Code of the
Philippines.
 EMPLOYMENT LAW
● The Minimum Wage Law sets the minimum wage
rates for different regions and sectors, including the

CONTRACT
construction industry. Employers must ensure that
their employees receive at least the minimum wage
AND applicable to their region.

EMPLOYMENT ● The standard working hours in the Philippines are 8

LAW hours per day, with a maximum of 48 hours per week.
Any work performed beyond these limits is
considered overtime and should be compensated
accordingly.
 EMPLOYMENT LAW

●
CONTRACT entitled to various benefits, including social
Employees in the construction industry are

AND security, health insurance, and retirement

EMPLOYMENT benefits. They are also entitled to paid leaves,

LAW such as annual leave, sick leave, and

maternity/paternity leave, as provided by law.
 EMPLOYMENT LAW

●
CONTRACT a legal obligation to provide a safe and healthy
Employers in the construction industry have

AND working environment for their employees. They

EMPLOYMENT must comply with occupational safety and

LAW health standards, conduct regular inspections,

and provide necessary safety equipment and
training.
 EMPLOYMENT LAW

●
CONTRACT a legal obligation to provide a safe and healthy
Employers in the construction industry have

AND working environment for their employees. They

EMPLOYMENT must comply with occupational safety and

LAW health standards, conduct regular inspections,

and provide necessary safety equipment and
training.
 ENGINEERING
★ is a profession in which a
PROFFESION knowledge of the mathematical
LIABILITY and natural science gained by
study, experience and practice.
 PROFESSION DUTY AND
LIABILITY OF AN ENGINEER
★ Engineers bear a significant professional duty
PROFFESION to ensure the safety, functionality, and ethical
LIABILITY integrity of their projects.

This duty involves adhering to :

•Industry standards
•Cdes of ethics
•Legal regulations
 PROFESSION DUTY AND
LIABILITY OF AN ENGINEER

PROFFESION ★ •Engineers have a professional

LIABILITY responsibility to ensure their work
aligns with safety standards and
regulations.
 LIMITATION OF LIABILITY
★ Limitations of liability often depend
PROFFESION on contractual agreements. Engineers

LIABILITY
may include clauses in contracts
specifying the extent of their liability,
typically capping the amount they are
responsible for in case of errors or
damages.
 DUTIES AND LIABILITIES OF THE
ENGINEERS FOR THE PROFESSIONAL
CONDUCT AND NEGLIGENCE
Duties of Engineers:

PROFFESION 1. Professional Competence:

LIABILITY - Engineers are obligated to perform their professional duties
with competence and diligence, applying their knowledge
and skills to the best of their abilities.

2. Ethical Conduct:
- Engineers must adhere to a high standard of ethical
behavior, maintaining integrity, honesty, and transparency in
their professional practices.
 DUTIES AND LIABILITIES OF THE
ENGINEERS FOR THE PROFESSIONAL
CONDUCT AND NEGLIGENCE

PROFFESION 3. Compliance with Laws and Standards:

LIABILITY
- It is the duty of engineers to comply with relevant laws,
regulations, and professional standards applicable to their
field.

4. Public Safety:
- Engineers have a responsibility to prioritize public safety in
their designs and decisions, considering the potential impact
on human life and the environment.
 DUTIES AND LIABILITIES OF THE
ENGINEERS FOR THE PROFESSIONAL
CONDUCT AND NEGLIGENCE

PROFFESION 5. Communication:

LIABILITY
- Effective communication is vital. Engineers should clearly
convey technical information to clients, stakeholders, and the
public, fostering understanding and informed decision-
making.
 DUTIES AND LIABILITIES OF THE
ENGINEERS FOR THE PROFESSIONAL
CONDUCT AND NEGLIGENCE

PROFFESION Liabilities for Professional Conduct and Negligence:

LIABILITY 1. Professional Liability:

- Engineers can be held professionally liable for errors,
omissions, or substandard work that leads to financial loss,
injury, or damage.
 DUTIES AND LIABILITIES OF THE
ENGINEERS FOR THE PROFESSIONAL
CONDUCT AND NEGLIGENCE

PROFFESION 2. Negligence:
- If an engineer fails to exercise reasonable care or skill in
LIABILITY their work, and this negligence results in harm or loss, they
may be legally liable for the consequences.

3. Breach of Contract:
- Engineers are bound by the terms of their contracts. Failure
to meet contractual obligations may lead to legal actions for
breach of contract.
 DUTIES AND LIABILITIES OF THE
ENGINEERS FOR THE PROFESSIONAL
CONDUCT AND NEGLIGENCE

PROFFESION 4. Regulatory Consequences:

- Violation of professional regulations or ethical standards
LIABILITY may result in disciplinary actions, including license
suspension or revocation.

5. Financial Consequences:
- Engineers may face financial liabilities, including damages,
legal fees, and the cost of rectifying errors, as a result of
professional misconduct or negligence.
 INTELLECTUAL PROPERTY

★ Intellectual Property in engineering refers to

idea, invention, process or methodology that an
INTELLECTUAL engineer develops. It is absolutely critical for

PROPERTY
protecting a company’s proprietary designs,
processes, and invention that, if leaked to
competitors or made public , it could ruin a
company’s market advantage and reputation or
lead to costly ligitation.
 INTELLECTUAL PROPERTY

★ Intellectual property is the collective term for

patents, design rights, copyrights, trademarks and
INTELLECTUAL confidential information.

PROPERTY
Intellectual property rights a set of a legal rights
that provide protection for original works,
inventions, or the appearance of products and
proprietary knowledge.
 INTELLECTUAL PROPERTY
★ Intellectual property rights is any and all rights
associated with intangible assets owned by a person or
company and protected against use without consent. It
INTELLECTUAL protects the work and innovation of engineers and

PROPERTY
companies.

★The primary function of it is to protect and stimulate

the development and distribution of new products and
the provision of new services based on the creation and
exploitation of inventions, trademarks, designs, creative
content or intangible assets.
 INTELLECTUAL PROPERTY
Diverse types of intellectual property:

Patents- protect inventions, process or designs.

INTELLECTUAL
PROPERTY Trademarks- protect branding elements such as
logo or taglines.

Copyrights- protect original works of authorship.

Trade secrets- protect valuable business

information that is not commonly known
 ★ Environmental engineering law is the
AL professional application of law and engineering
N T
M E S
principles to improve the environment (air, water,

N ON and/or land resources), to provide healthy water, air,

RO T I and land for human habitation and for other

VI L A
N
organisms, and to remediate polluted sites.
E EG U Environmental engineering lawyers seek to promote
R the advancement of technical engineering
knowledge in the legal profession and to enhance
informed legal analysis of complex environmental
matters
 AL
N T ★ Environmental law serves as a vital framework
M E S
N
for promoting sustainable development and
O N IO
IR AT safeguarding ecosystems for present and future

NV UL generations. It addresses a myriad of issues,

E EG including air and water quality, land use, wildlife
R protection, climate change mitigation, and waste
management.
 AL
EN T ★ Civil engineers are particularly
M N S
O N IO
involved in such activities as water
IR AT supply and sewerage, management of
NV UL
E EG surface water and groundwater quality,
R remediation of contaminated sites and
solid waste management.
 THANK YOU
GROUP 8

RIBO,RONALD. CRISPO, RUSSEL

SOLIS, RIA JEOANA. PAYUMO, FRANCINNE

, PAOLO