LEARNING TASK 3

PROFESSIONAL OBLIGATION OF CIVIL ENGINEER

Professional Responsibility
1. The standard practice is for Civil Engineers to be given responsibility for studying,
conceiving, designing, observing construction, and assisting in the programming for the
operating and maintaining engineering works.
2. Civil Engineer obligations as trustee to the public interest as well as faithful to the private
interests of clients. It requires condor, mutual trust, and effective communication and
understanding between the Civil Engineer and the client.
a. Civil Engineers shall conduct themselves in a highly Professional Manner and
serve as faithful trustees or agents of their client or employee.
b. 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.
c. Civil Engineers must always strive to maintain the highest standards of Ethical
Professional Practice in their dealing with client employers, employees,
competitors and the community.

OBLIGATIONS
Article 1156. An obligation is a judicial necessity to give, to do, or to not to do.
Obligations arises from
Law
Contracts
Quasi-contracts
Acts or omission punished by law
Quasi-delicts

Elements of Obligation
1. Active subject - power to demand prestation (obligee/creditor).
2. Passive subject - bound to perform the prestation (obligor./debtor).
3. Prestation or Object - not a thing but a particular conduct of the debtor.

Kinds of Prestation
1. To give - consists in the delivery of movable or immovable things in order to create a real
right or for the use of the recipient or for its simple possession or in order to return to its
owner.
2. To do - all kinds of work or services, whether mental or physical.
3. Not to do - consists in abstaining from some act, includes “not to give”, bothe being
negative obligations.
Definition of Obligation
1. By Law -
a. Obligation derived from are not presumed
b. Governed by law itself
c. Agreement of the party is not necessary
d. Not presume. Only expressly provided are enforceable.
2. By Contract
a. Obligations arising from contracts have that force of law between the contracting
parties and should be complied in good faith.

Obligation of Civil Engineer

1. Shall perform the scope of an engineering services’ as stated in Section 2.
2. Shall exercise reasonable skill, care and diligence in the performance of his obligations.
3. Shall act independently and, as required by the contract, perform with the necessary
skills and professional judgment, when required to certify, decide to 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
scope of engineering services 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. Shall not initiate or proceed with any subsequent stage of the services without the
approval of the client.
7. Shall direct or 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. May recommend specialist suppliers and/or contracts to design and execute certain
parts of the works, in which case the Civil Engineer shall coordinate the design of such
part or parts with the overall design of the works but shall be relieved of all responsibility
for the design, manufacture, installation, and performance of any such part or parts of
the work.
9. Shall notify the client of any interest the Civil Engineer has significantly conflict with the
interests of the client under their contract.
10. Shall pay the Civil Engineer for his services, the amount of fees and expenses set out in
or determined in their agreement.
11. Shall provide the Civil Engineer within reasonable time (that doesn’t result in the 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 in all matters properly referred to
the client in writing.
12. Shall cooperate with the Civil Engineer and shall not interfere with or obstruct the proper
performance of the services.
13. Shall arrange for the provision of services from other professionals or others as may be
required and bear all costs.
 14. 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
instruction by the client shall be given to the Civil Engineer.
15. 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 practicable, the particulars of the change.

Liability of Civil Engineer and the Client

1. 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.
2. 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.
3. Resolution of any conflict arising from the agreement between the Civil Engineer and the
Client shall be done by giving preference to the process of Arbitration.

Limitation of Civil Engineer’s Responsibility

1. Have no responsibility or liability for costs loss or damages 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 by the Client or or any other Consultants,
Contractor or Supplier or the Client or any Employee or Agent of the Client, other
Consultants, Contractor pr Suppliers.
2. 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. Shall be responsible for the techniques, methods, programs, sequences or procedures
adopted by any Contractor or 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.

Damages
1. Damages payable shall be limited to the amount of reasonably foreseeable loss and
damages 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 Provisions or,
if no such amount or provision is specified, to the lesser of Php 300,000.00 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 commissions of a third party
have contributed to the lessor damage, the proportion of damages payable by the party
found liable shall be limited to that proportion which is attributed to that party’s breach of
duty, whether claims are made under contract or otherwise.
Suspension or Termination of Services
1. If for some reasons, certain services had been suspended, the time for their completion
shall be extended by the extent of their 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 circumstances.
2. 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
3. make arrangements to stop the services and minimize further expenditures.

Conditions for the Termination of Agreement by the Civil Engineer through Written
Notice of NO LESS THAN 30 DAYS
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.
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 6 months.

“When 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 be prejudice or affect accrued rights or
claims and liabilities of the parties.”

Settlement of Disputes
1. When a dispute arises, either party shall notify through writing the details of dispute and
the dispute be resolved by conciliation.
2. If not resolved in conciliation then it shall be referred to arbitration.

Ownership of Data, Designs, and Documents

Design analysis, 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.