Professional Documents
Culture Documents
Celaw
Celaw
1.1 General
This lesson addresses the procurement of Civil Engineering services for a quality project.
Quality by definition is one satisfactorily meeting both the expectations of the client or
employer and the requirements of the project. It requires professional dedication, effort,
adequate time for investigation, planning and innovation, fair compensation, and
appropriate authority and responsibility.
Quality results from team effort and is measured by the degree of satisfaction of all parties
involved.
1.2 Professional Responsibility
The standard of practice is for Civil Engineers to be given responsibility for studying
conceiving, designing, observing construction, and assisting in the programming for
operating and maintaining engineering works. Other services that are unforeseen initially
may be required of the Civil Engineer during the evolution of a project. The health, safety,
well-being and comfort of the public in using a facility, and the ultimate facility cost, all
depend to a considerable extent on how well members of the project team fulfill their
professional and contractual responsibilities.
The Civil Engineers, therefore, has obligations as trustee to the public interest as well as
faithful to the private interests of client. Successfully fulfilling these responsibilities
required candor, mutual trust, and effective communication and understanding between
the Civil Engineer and client.
Civil Engineers shall conduct themselves in a highly Professional Manner and Serve
as Faithful Trustees or agents of their client or employers.
Civil Engineers are therefore bound by the Fundamental Canons of Ethics
Care and Protection of the environment is paramount in the Civil Engineer’s work
engagement
Civil Engineers must always strive to maintain the highest standard of Ethical
Professional Practice in their dealing with Client Employers, employees,
competitors and the community.
1.3.3b 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 such breach;
2. The maximum amount of damages payable in respect of liability, whether under the
law of 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 P300000 or
10% of the total amount of the portion of the work attributable to the Civil Engineer’s
breach of duty or twenty five percent of the total 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.
1.3.4 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.
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 the
reason of the circumstances.
The Client may suspend all or part of the Services or Terminate the Agreement by the
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.
The Civil Engineer by written notice of no less than 30 days may terminate the Agreement
or at his and her 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.
When the Services are suspended or terminated the Civil Engineer shall be entitled to
payment for the Services carried out including consequential cost, 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
rights or claims and liabilities of the parties
1.3.5 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 the prescribed time then the matter in dispute shall be referred to arbitration.
1.3.6 Ownership of Data, Design 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.
5. 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.