Course Title: CE Laws, Ethics & Contracts Schedule: MW–9:00 – 10:00AM

Instructor: Engr. Francisco G. Naval Period: Midterm

Assignment 2: Ref. Module No. 3 – The Professional Practice of Civil Engineers

Compile the Pages as assigned to the corresponding Groups, word for word and type in A-4
size paper using “Word”; Times New Roman, font 12. Then submit the printed copies in class
on Mar. 17, 2024. Put the compiled pages in one short size folder.

NO. ID NO. NAME OF STUDENTS PAGE #

1 21-10911 ADAN, MADEL ELNAR 1

2 20-10732 CANDELARIA, ANGELICA AVELLANO 2

3 21-11483 CAPINING, JONARD LONGASA 3

4 21-12307 CASTRO, MA. CLAIR NICOLE PUNAY 4

5 19-00512 CATAMCO, ROBERT RONDINA 5

6 21-12475 CEDILLA, MARK JUDIL MALLO 6

7 22-50185 CONEJOS, JOSHUA YANSON 7

8 17-00614 CORTES VII, ZETH RODOLFO ENCINAS 8

9 20-10847 CUNANAN, MARJONE SIARON 9

10 21-12565 DAYSON, JOHN CARLO DELA CRUZ 10

 SECTION 1

THE PRACTICE OF CIVIL ENGINEERING

1.1 GENERAL

This manual addresses the procurement of civil engineering services for a quality project.

Quality by definition is one satisfactory 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. It cannot be achieved only by effort at the beginning or end of a

project.

These efforts must be conscious, continuous, and continuous, and consistent throughout all

phases of a project.

Quality results from team effort and is measured by degree of satisfaction of all parties

involved. This manual is dedicated to advancing both the understanding and quality of the

practice of Civil Engineering.

The development of this manual is predicated on the basis that Civil Engineering services are

accomplished in manner meeting the standard of care of the profession of Civil Engineering.

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

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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 Engineer, therefore,

has obligations as trustee to the public interest as well as faithful to the private interests of

clients. Successfully fulfilling these responsibilities require candor, mutual trust, and effective

communication and understanding between the Civil Engineer and the client. Only in this

way can a professional relationship be established and a successful project implemented.

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 contained in this

manual.

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 CLIENT- CIVIL ENGINEER RELATIONSHIPS

Many engineering works are conceived, designed, and constructed through the efforts of

Civil Engineers employed in governmental agencies or in industry. Other engineering

projects come to fruition through the efforts of civil engineering firms engaged for a specific

project or program by public agencies or private clients. Many public and private entities, of

necessity rely on Civil Engineers as their employees. Independent civil engineering firms are

also relied upon to accomplish projects which require special expertise beyond the normal

capabilities of the client. More recently clients have

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been utilizing new concepts, such as program management and design-build, to implement

projects

Definition and explanation of proper relationships between Civil Engineers and their public

and private clients are important objectives of this manual. These are discussed below (See

Annex A for Sample Contracts of Services).

1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER

The Obligations of the Civil Engineer include:

1. The Civil Engineer shall perform Scope of the Services as stated in SECTION 2.

2. The Civil Engineer shall exercise reasonable skill, care and diligence in the performance of

his obligations.

3. The Civil Engineer shall act independently and, as required by the contract, perform with

the necessary skills and professional judgement, when required to certify, decide or exercise

discretion between the Client and a Third party with whom the Client has a contract.

4. The Civil Engineer is authorized to act as the Client‟s faithful agent when required but only

as implied in SECTION 2 or 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.

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7. When required, the Civil Engineer shall direct and co operate with all other professionals

and integrate their work where applicable into that being undertaken by the Civil Engineer

and other professionals, but shall not be professionally liable for their work.

8. The Civil Engineer may recommend specialist suppliers and/or contractors to design and

execute certain parts of the Works, in which case the Civil Engineer shall co-ordinate the

design of such part or parts with the overall design of the Works but he shall be relieved of all

responsibility for the design, manufacture, installation and performance of any such part or

parts of the Works. The Civil Engineer shall not be liable for acts of negligence, default or

omission by such person or persons.

9. The Civil Engineer shall notify the Client of any interest the Civil Engineer has which may

significantly conflict with the interests of the Client under their Contract.

1.3.2 OBLIGATIONS OF THE CLIENT

The Client has the following obligations.

1. The Client shall pay the Civil Engineer for his Services, the amount of fees and expenses

set out in or determined in their Agreement.

2. The Client shall provide the Civil Engineer within reasonable time (that does not result in

delay to the provision of the Services), all information required by the Civil Engineer in the

performance of his services and a decision in writing on all matters properly referred to the

Client in writing.

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3. The Client shall cooperate with the Civil Engineer and shall not interfere with or obstruct

the proper performance of the Services.

1. The Client shall, as soon as practicable, make arrangements to enable the Civil Engineer to

enter the site and inspect facilities needed in the performance of his services.

5. The Client shall 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 or other

third parties who are directly contracted by the Client or when the Civil Engineer is required

to act as Engineer-to-the-Contract for any contract on behalf of the Client then 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 in writing within 7 days the Civil Engineer

containing, as far as is practicable, the particulars of the change.

1.3.3 LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT

The Civil Engineer shall only be liable to pay damages to the Client arising out of or in

connection with their Agreement if a breach of duty of care is established against the Civil

Engineer.

The Client shall only be liable to pay damages to the Civil Engineer if a breach of the Client‟s

duty to the Civil Engineer is established against the Client.

Resolution of any conflict arising from the Agreement between the Civil Engineer and the

Client shall be done by giving

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preference to the process of arbitration.

Establishment of the breach of duty on the part of the Civil Engineer and that of the breach of

the Client‟s duty to the Civil Engineer shall be undertaken by a third party arbitrator mutually

acceptable to the Client and the Civil Engineer.

1.3.3 a. Limitation or 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, and arising from any act or omission or lack of performance or

any negligent or fraudulent act or omission by the Client or any Other Consultant, Contractor

or supplier to the Client or any employee or agent of the Client, Other Consultants,

Contractors or suppliers.

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, nor for their performance on time, their failure to carry

out the work in accordance with any contract documents or for any other acts or omissions.

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1.3.3 b. 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

twenty five percent 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.

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

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shall be extended as is necessary by reason of the circumstances.

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.

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.

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.

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

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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 he referred to arbitration.

1.3.6 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.

1.4 CIVIL ENGINEERING SERVICES

Civil Engineers and civil engineering firms, whether they serve public or private employers

(clients) can provide a variety of important services which are described in Section 2. Typical

services may include:

 Design, consultations and advice

 Feasibility studies

 Field investigations and engineering data collection

 Environmental assessments,

 Engineering reports

 Impact statements or

 Opinions of probable construction cost

 Preliminary and final designs, drawings, specifications and construction bidding

documents

 Assistance in securing construction bids and in awarding contracts

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  Construction administration and observation

 Arrangements for or performance of testing of materials equipment

 Assistance in start-up, assessment of capacity, and operation of facilities

 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

Civil Engineers may also serve as construction managers or program managers and may

employ other subconsultants and subcontractors as part of their services.

Many Civil Engineers and civil engineering firms specialize in specific areas of engineering,

such as: structural and foundation geotechnical and environmental, water resources and

hydraulics transportation, and construction management and engineering.

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