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PROFESSIONAL

RESPONSIBILITY
(CONTINUED)
LOGO

and Client 2 Limitations of CE Responsibility 3 Suspension of Services 4 Settlement of disputes 5 Ownership of data and documents .E.Contents 1 Liability of the C.

 The client shall only be liable to pay damages to the Civil Engineer if a breach of client’s duty to the Civil Engineer is established against the client.Liability of the CE and the client  Civil engineer shall only be liable to pay damages to the client in connection with their agreement.  Resolution of any conflict arising from agreement between Civil Engineer and the client shall be done by giving preference to the process of arbitration. . If a breach of duty is established against the Civil Engineer.

Liability of the CE and the client  Settlement of disputes be done by third party arbitrator mutually acceptable to the client and the civil engineer. .

plans. design or specification not prepared by the Civil Engineer.  Civil Engineer shall not be held to have made any warranty as to suitability. . competence or performance of any other consultants. contractor. loss or damage of whatsoever nature arising from any error or omission from data. documents. supplier or other third party.Limitation of Civil Engineer Responsibility  Civil Engineer shall have no liability for cost.

Limitation of Civil Engineer Responsibility  Civil Engineer shall not be responsible for techniques. . methods. programs or procedures adopted by the contractor.

Damages if found that the CE undertaking services is liable to the client. damages shall be payable on the ff. terms  Damages payable shall be limited to the amount of reasonably foreseeable loss and damage suffered as a direct result of such breach. .

000 pesos or 10% of the total amount of damages of the portion of work attributed to the civil engineer’s breach of duty or 25% of the total of fees payable under their agreement. . The maximum amount of damages payable in respect of the amount specified in the specific provision or if no such amount is specified to the lesser of 300.

. If found liable in circumstances where the act or omission of a third party have contributed to the loss or damages. the proportion of damages payable by the third party found liable shall be limited to that proportions which is attributable to that party’s breach of duty.

Suspension or termination of services  If circumstances arise for which the CE is not responsible and which make impractical or impossible for CE to perform in whole or in part the services in accordance with their agreement. .  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 CE who shall immediately make arrangements to stop the services and minimize further expenditures. The CE shall promptly notify the client of the same.

suspend the performance of the whole or part of the services under the ff. conditions : .The civil engineer by written notice of no less than 30 days may terminate agreement or at his/her discretion without prejudice to the right to terminate.

 When 30 days after the due date or payment of any account the CE has not received payment of that part of it which has not by that time been contested in writing  When services have been suspended for a period of exceeding 6 calendar months. . or if it is clear to the CE that it will be impossible or impractical to resume the suspended services.

If the matter in dispute is not resolved by conciliation between the parties within the prescribed time then the matter in dispute shall be referred to arbitration. . then that party shall by notice in writing served on the other party of the details of the disputes and request that the dispute be resolved by conciliation.SETTLEMENT OF DISPUTES  If dispute arises on either party.

. DESIGNS AND DOCUMENTS  The design analyses.OWNERSHIP OF DATA. 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. drawings.

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