SECTION 1

The Practice of Civil Engineering

Settlement
of Disputes

3. 3 Liability of the
Civil Engineer
and the

Client – Obligations
of the Civil
Client
Ownership
of Data,

Civil
Engineer Designs
and
Documents

Enginee
Suspension
or
Termination
of Services

r
Obligations
of the
Client
Prepared by:
Jennice Mae D. Toledo
OBLIGATIO
NS
of the
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
Source: http://ie-services.com/wp-content/uploads/2016/02/Engineer.jpg
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 Source: http://searchengineland.com/figz/wp-content/seloads/2015/06/contract-agreement-sign-ss-1920.jpg

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
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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 https://upload.wikimedia.org/wikipedia/commons/8/8a/ContractLaw.jpg

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.
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
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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
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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 https://www.dreamstime.com/stock-images-two-engineers-discussing-plans-cmm-arm-foreground-looking-each-other-talking-image34159604

Contract.
OBLIGATIO
NS
of the
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.

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 https://www.alamy.com/stock-photo/pile-of-documents.html

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.
3. The Client shall cooperate with the Civil Engineer
and shall not interfere with or obstruct the proper
performance of the Services.

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 www.moorecleantexas.com/commercial/construction-site/

4. 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.

https://www.dreamstime.com/stock-photo-engineers-investor-meeting-construction-site-workers-supervisor-pointing-building-instructing-team-real-image90953975
 http://rescogroup.net/contracts-contractors/

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.

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LIABILITY
of the
CIVIL
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.
LIMITATION OR CIVIL ENGINEER’S
RESPONSIBILITY
2.The Civil Engineer shall not be responsible for the
techniques, method, programs, 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.
LIMITATION OR CIVIL ENGINEER’S
RESPONSIBILITY
3.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.
 DAMAGES
3. If found to be liable,
2. The maximum amount
of damages payable in
1. Damages respect of liability,
payable shall whether under the law
or contract, or
be limited to otherwise, is limited to
the amount of the amount specified in
the Specific Provision
reasonably or, if no such amount or
foreseeable provision is specified, to
the lesser of P300,000 or
loss and 10% of the total amount
damage of damages of the
portion of the work
suffered as a attributable to the Civil
direct result of Engineer’s breach of
duty or twenty five
such breach. percent of the total of
fees payable under
their Agreement.
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.
SUSPENSIO
N or
TERMINATI
 Suspend the performance
of the whole or part of the
Services
1. When 30 days after
under the
2. When Services have

following conditions:
been suspended for a
the due date or period exceeding 6
payment of any calendar months, or if it
account the Civil is clear to the Civil
Engineer has not
received the
or Engineer that it will be
impossible or
payment of that part impractical to resume
of it which has not by the suspended Services
before the period of
that time been
suspension has
contested in writing exceeded six months.
SETTLEME
NT
of
 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
reconciliation. 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.
OWNERSHI
P of DATA,
DESIGNS
 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 the Engineer.
Thank
You!