CEC 314-CE Laws,

Ethics and Contracts

Aironne Karl S. Valdez
Practice of Civil
Engineering
 Quality is defined as meeting both the client's
and employer's expectations as well as the
project's needs. It cannot be accomplished
solely by effort at the start or finish of a
project. Throughout all phases of an
engineering project, these efforts must be
conscious, constant, and consistent. Quality is

General
determined by the degree of satisfaction of all
parties involved and is the product of a
collaborative effort. This document is
dedicated to improving both the comprehension
and the quality of Civil Engineering practice.
The production of this manual assumes that
Civil Engineering services are provided in a way
that meets the profession's standard of care.
 Studying, conceiving, designing,
observing, constructing, and assisting in
the programming for operating and
Professional maintaining engineering works are all
responsibilities of the Civil Engineer. As

Responsibility a trustee, the civil engineer has

responsibilities to both the public
interest and the private interests of
their customers.
 Civil Engineers working for governmental
agencies or industry are responsible for
the conception, planning, and

Client-Civil Engineer
construction of many engineering
projects. This manual's main goals are to

Relationships define and explain proper interactions

between civil engineers and their public
and private clients. New concepts, like as
program management and design-build,
have recently been used by clients.
 Obligations of the Civil Engineer
The obligations of the Civil Engineer include:

· The Civil Engineer shall perform Scope of the Services as stated in Section 2.

· The Civil Engineer shall exercise reasonable sill, care, and diligence in the performance of his
obligations.

· The Civil Engineer shall act independent 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.

· 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.

· When aware of any matters which may will change or has changed the scope of the services, the Civil
Engineers shall give written notice to the Client containing particulars of the change.
· 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.

· 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 to their work.

· 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 coordinate the design of such parts 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.

· The Civil Engineer shall notify the Client of any interest the Civil Engineer has which may significantly
conflict with the interest of the Client under their contract.
Obligations of the Client
The client has the following obligations:

· The Client shall pay the Civil Engineer for his Services, the amount of fees and expenses set out in or
determined in their Agreement.

· The Client shall provide the Civil Engineer within reasonable time, all information required by the Civil
Engineer in the performance of his services and a decision in writing on matters properly referred to the
Client in writing.

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

· The Client shall, as soon as possible as practicable, decide to enable the Civil Engineer to enter the site
and inspect facilities needed in the performance of his services.
· The Client shall arrange for the provision of services from other professionals or others as
may be required and bear all costs.

· 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.

· 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.
 The Civil Engineer's contract with the Client is

Liability of the Civil subject to arbitration. The Civil Engineer may

only be held accountable for damages if the

Engineers and the Client is shown to have breached his or her

duty. Any misunderstanding arising out of the
Client Agreement will be resolved by arbitration.
 1. The Civil Engineer has no responsibility or
liability for any costs, losses, or damages of any
kind resulting from errors or omissions in data,
documents, plans, design, or specifications not
generated by him or any persons under his direct
control.

2. This publication makes no representations or

warranties about any consultant, contractor,
supplier, or other third party's suitability,
Limitation or Civil competency, or performance. The Civil Engineer
cannot be held liable for any implied warranty or
Engineer’s Responsibility promise as to the fitness or competency of any
such third party.

3. The Civil Engineer is not responsible for any

Contractor's or other third party's techniques,
methods, programs, sequences, or procedures used
to complete any aspect of the Project, nor for
their timely completion, failure to complete the
work in accordance with any contract documents,
or other acts or omissions.
 1. The amount of damages awarded is restricted to
the amount of reasonably foreseeable loss and
damage incurred as a direct result of the violation.

2. The maximum amount of damages payable in

respect of liability is restricted to the amount
indicated in the Specific Provision, whether under
the law, contract, or otherwise. If no such sum or
provision is provided, the maximum damages for

Damages
breach of duty are P300,000 or 10% of the total
amount.

3. Damages paid to a third party if a party is found

accountable for conduct or omissions that
contributed to the loss or damage of property,
equipment, or other products or services may be
limited to £20,000. The number of damages due
by the party held accountable is limited to the
proportion of damages attributable to the breach
of duty by that party.
 If circumstances happen that are beyond the Civil
Engineer's control and render it difficult or
impossible for the Civil Engineer to provide the
Services in whole or in part in accordance with
their Agreement, the Civil Engineer should
promptly notify the Client. If certain services have
been suspended due to the circumstances, the
time for their completion will be extended by the

Suspension or
length of the delay plus a reasonable period for
their resumption, or if the speed with which

Termination of Services certain Services are performed must be reduced,

the time for completion will be extended as
necessary due to the circumstances. The Civil
Engineer may terminate the Agreement or, without
prejudice to his or her right to terminate, suspend
the execution of the whole or part of the Services
under the following conditions by giving 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 six months.

The contractor will be paid for the services provided, including any additional costs, charges, or
interruption fees. The Agreement will not impact or prejudice the parties' accrued rights, claims, or
liabilities. The Agreement's suspension or termination is subject to the normal course of business.
 If one party has a disagreement, that
party must notify the other party in
writing of the details of the
disagreement and seek that the
disagreement be resolved through
Settlement of Disputes conciliation. If the disagreement cannot
be settled through conciliation between
the parties within the time limit, the
subject will be brought to arbitration.
 The Professional Engineer's design
Ownership of Data, analyses, drawings, specifications, and
reproductions are instruments of service
Design and Documents that may only be used for the specific
project covered by the agreement
between the Client and Engineer.
Civil Engineering Services
Civil engineers and civil engineering firms, whether they work for the government or private sector, can provide
several critical services, as outlined in Section 2.

● Design, consultations, and advice.

● Feasibility studies
● Field investigations and engineering data collection
● Environmental assessments, impact statements or Engineering reports
● Opinions of probable construction cost
● Preliminary and final designs, drawings, specifications, and construction bidding documents
● Assistance in securing construction bids and in awarding contracts
● Construction administration and observation
● Arrangements for or performance of testing of materials and equipment
● Assistance in start-up, assessment of capacity, and operations 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 can also work as project managers or program managers, as well as hired sub-
consultants and subcontractors. Many civil engineers and civil engineering businesses focus on
specific engineering disciplines. Economists, planners, designers, estimators, architects, technical
analysts, drafters, field representatives, and other professionals work together in professional
civil engineering businesses. Civil engineering services must be delivered competently and
efficiently, with a high level of professionalism and ethics, and in an atmosphere of mutual
respect and trust. The client must frequently accept the produced project's fitness for the
intended function at face value. Financial, environmental, regulatory, technical, and management
issues have all played a role in project implementation. Clients have chosen from a variety of
implementation options. The client hires a program manager to execute specialized activities
related to the development or construction of a certain project, which is known as program
management.
Specialization in Civil Engineering
A certificate of specialization is issued to a Civil Engineer who has proved his knowledge,
experience, education, and training in compliance with the requirements of the PICE's concerned
Specialty Committee. Specializations in structural engineering, geotechnical engineering, water
engineering, transportation engineering, construction management, and engineering are recognized
by the PICE.
Selection of a Civil Engineer
One of the most crucial decisions to be taken is whether to hire a Civil Engineer. The Civil Engineer's
experience, organization, competence, honesty, and judgment all play a role in his or her success. The total
cost of engineering services is typically between 1-2 percent of the total cost of most construction
projects. A Civil Engineer who can support the project from conception through design, construction, and
project start-up. Qualifications, experience, reputation, and client service are of critical importance.
Selection based primarily on cost of services, with limited consideration of competence or expertise is
somewhat subjective. A Civil Engineer who can support the project from conception through design,
construction, and project start-up. Qualifications, experience, reputation, and client service are of
critical importance. Selection based primarily on cost of services, with limited consideration of
competence or expertise is somewhat subjective. Before negotiating a charge for services, the engineer
and the client must have a thorough dialogue. The likelihood of misunderstandings or confusion is
considerably reduced when the scope of services is clearly specified. Procedures like those outlined in
CIAP Documents 101 and 102 are supported by the Philippines Institute of Civil Engineers.
PRME Professional Practice

Civil engineers act as clients both directly and indirectly through a subcontractor. On a design-
build, construction management, or turnkey project, services may be provided by another firm.
When the Civil Engineer serves the client indirectly through another engineer or architect, some
of the material in this manual is also applicable.
Employment
Civil Engineers employed by professional consulting firms, government agencies, educational
institutions, construction firms, manufacturing and commercial businesses, and other entities are
also covered by the guidelines in this manual.
Design Competition
Competition is a process through which a Civil Engineer is selected above other competitors.
Engineers are selected based on proposal or innovative approach to solving a client's needs.
Competing firms are normally shortlisted from a number or engineers responding to a client’s
solicitation.
Contingency Basis of Employment
Engineers may solicit, offer, or accept professional commissions on a contingency basis, according
to Canon 5c of the PICE Code of Ethics. According to PICE, providing professional services on a
contingency' basis is not in the best interests of the customer or the public.
Professional Practice of Foreign Civil Engineers
Foreign civil engineers are permitted to perform civil engineering in the Philippines under the following
circumstances.

● The laws of the foreigner's state or nation permit Filipino citizens to perform civil engineering on the same
terms and with the same rights as the subjects or citizens of that foreign state or country.
● Permitted under international treaty.
● Consultants to work on government initiatives with foreign funding, joint ventures, or foreign assistance.
● Employees of Philippine or international private institutions who are required by law to do so.
● Former Filipino nationals who, before naturalization as foreign citizens, were registered and awarded a
certificate of registration and a professional identification card, and who wish to perform their profession
while in the country on a visit, stay, or permanent residence.

The law's application, on the other hand, is not automatic. The Professional Regulation Commission still requires
foreign civil engineers to get a certificate of registration/license or a special authorization. Agencies,
organizations, or individuals who hire a foreign Civil Engineer, whether public or private, are required by legislation
to obtain a special permit from the PRC and the Department of Labor and Employment in accordance with their
respective laws.
Classification of Engineering
Services
General
Many civil engineering firms offer their clients a full range of services. Some companies specialize in geotechnical
or structural engineering, as well as transportation, water, and construction management. Only a few civil
engineers are qualified to handle all types of projects. It is usual to use associate experts to provide specialized
services.

Five broad categories of services offered by Civil Engineers:

● Consultations, research, investigations, and reports.

● Design services for construction projects
● Construction services
● Special services for construction projects
● Engineering support services
● Academic services
● Services as Employee
According to RA 544, as amended, the sort of infrastructure that falls under the realm of civil
engineering

● Stress, bridges, highways, and railroads.

● Airports and hangars
● Port works, canals, river and shore improvements, lighthouses and dry docks
● Buildings
● Fixed structure for irrigation, flood protection, drainage, water supply and sewerage works
● Tunnel
Consultations, Research, Investigations and Reports

These services typically focus on data collection, interpretation, and

reporting, as well as drawing conclusions and offering suggestions. The
following are examples of typical services in this category:

Preliminary and Feasibility
Investigations and Reports
The pre-authorization procedure for
significant projects includes extensive
studies, evaluations of conditions, and
comparisons of alternative designs. The
environmental impact of a project, as
well as the project's life-cycle cost, are
both examined in these studies.
 Developing engineering needs for master
plans and other long-term capital
improvement programs, as well as
preliminary engineering of land development
plans, urban plans, and regional plans, are

Planning Studies examples of engineering services. Such

planning frequently necessitates the
collaboration of numerous engineering and
other professions.
 Appraisals, Investigations and analyses of existing
problems; capital and operational
Valuations and Rate expenditures; overhead costs and finance;
and revenues as needed to appraise a
Studies property or recommend prospective rates
are examples of these services.
 The scope of services could include a review of
existing or new facilities' capabilities to

Assistance in
satisfy current and expected future needs.
Estimates of likely construction costs, as well
as an estimate of annual revenue requirements
Financial Matters and the calculation of acceptable rates to
generate revenue.
 The National Standards Institute inspects,
Material Engineering and monitors materials and equipment used
in construction and industry on behalf of
and Equipment Test its clients.
 This includes things like assisting with legal
procedures preparation. Appearances before
courts or commissions to provide expert
Direct Personal judgments and findings, as well as technical
investigations requiring specialist civil
Expenses engineering knowledge, expertise, and
judgment.
 Research is a specialized inquiry and collection
of data from existing resources or through
laboratory operations and processes that are
relevant to the research objective and object.
The following are examples of research and
development:

Research and a. From concept to commercialization, the

Development development of novel building materials and

processes

b. Extensive studies to improve construction

materials and procedures to minimize total
construction costs while also improving quality.
 These services can vary to suit special need of the client
and can include such diverse activities as:

● Value engineering
● Appraisal and valuation
● Load testing
● Environmental evaluations
● Traffic engineering
● Forensic engineering for structural and other failures
● Operational assistance
● Materials process design

Special Services
● Pilots’ studies
● Computer modeling
● Safety engineering
● · Topographic, sounding and boundary survey
engineering
● Toxic and hazardous waste evaluation
● Permit and application services
● Sales and marketing services
● Expert witness
● Representation of municipal or private entities in
projects proposed for privatization
 Design Services for Construction Progress
Each of the six basic phases of a construction project necessitates the use of civil engineering services. For
consistency and efficiency, all services should be provided by the same Civil Engineer. Special services may be given by
the client, a specialized engineer, or another Civil Engineer to enhance the services.

The sic standard phases of a construction project and the engineering services needed for each are:

● Study and Report Phase-Analysis of the client's requirements, conceptual design, and estimates of likely
construction costs.
● Preliminary Design Phase- Preparation of final design criteria, preliminary drawings, outline specifications, and
preliminary construction cost estimates.
● Design calculations, construction drawings, specifications, estimated construction cost, and other contract
documents are prepared during the final design phase.
● Construction or Negotiation Phase- Assisting the customer with the bidding or negotiating process for the
project's construction.
● Consultation and advice on problems relating to his service during the construction phase.
● Project Start-Up and Operation Phase-Assistance to the customer in the start-up and operation of the project,
including periodic inspections
Study and Report Phase
This phase entails determining the project's scope as well as a cost-benefit analysis of viable options. This phase
may contain the following services:

● Examining the available data and talking with the customer to clarify and outline the project's needs.
● Educating the client on the importance of supplying or receiving extra data or services. Photogrammetry,
topographic surveys, geotechnical investigations and consultancies, seismicity studies, hydrological data, and
other limiting land use information are examples of extra services.
● Identifying and analyzing the requirements of governmental agencies with control over the project's
design, as well as participating in negotiations with them.
● Providing requirements analysis, planning surveys, and comparative evaluations of potential sites and
solutions for clients.
● Providing a broad economic examination of the client's needs in relation to numerous options.

Creating a report and presenting the client with different alternatives based on the Civil Engineer's findings and
recommendations. The report may include schematic layouts, sketches, conceptual design criteria, and other
exhibits to clearly show the factors involved, as well as the Civil Engineer's conceptional estimate of the project's
likely costs.
 This step includes determining the project's
overall size and scope, as well as its location on the
chosen site. Preliminary design services may
include the following:

· Conferences with authorizing and

regulatory governmental authorities,
as well as applicable utilities, may be
required.

Preliminary Design · Advising the customer on whether

more data or services of the sort

Phase indicated above are required and

aiding the client in getting such data
and services.

· Creating updated estimates of the

project's final expenses.

· Providing status reports on a regular

basis.
 After the client has approved the preliminary design phase
material, this phase of project development is normally
started. The following are examples of fundamental services
for the final design phase:

· Preparing construction drawings and

specifications based on the approved preliminary
design papers to show the project's character
and scope.

· Preparing and presenting to the client a revised

estimate of total project costs based on final

Final Design Phase drawings and specifications.

· Providing essential engineering data and

assistance in the submission of regulatory
permissions to local or national authorities. This
differs from and excludes full applications and
accompanying papers for government grants-in-
aid or planning awards, which would be provided
as extra services as indicated later in this
section.
 ● Preparing basic paperwork linked to building
contracts for the client's evaluation and
approval. Contract agreement forms, general
and supplemental conditions, invitations to
bid, bidder instructions, insurance and

Final Design Phase bonding requirements, and other contract-

related documents may be included.
● Providing a certain number of copies of
drawings, specifications, and other contract
papers to the client.
● Periodic static reports are provided
 This phase includes services such as:

1. Assisting the client in advertising for and securing

bids or negotiating proposals for each single prime
construction contract, keeping track of prospective
bidders to whom bidding papers have been provided,
attending pre-bid conferences, and receiving and
processing bid deposit.
2. Whenever necessary, issuing addenda to interpret,
clarify, enlarge, or amend the bidding documents.
3. Assisting the client in evaluating the qualifications and
Negotiating Phase acceptability of potential contractors, subcontractors,
and material suppliers.
4. Consulting with and advising the customer on the
suitability of alternative materials and equipment
supplied by prospective constructors when the bidding
documents allow substitution prior to contract award.
5. Attending the bid opening, compiling bid tabulation
sheets, and assisting the customer in analyzing bids or
proposals, as well as assembling and awarding
construction, materials, equipment, and services
contracts.
 This phase includes services such as consulting with and
advising the customer during building, as well as those
related with serving as the client's agent. Most civil
engineers are unwilling to take on the obligations of
construction phase services without the presence of a
permanent project representative on site. The following
services may be provided during the construction phase:

· Evaluating the constructors' shop and erection

drawings for compliance with design ideas.

· Reviewing material and equipment test results

Construction Phase from laboratories, shops, and mills.

· Monitoring and reporting on the progress and

quality of the completed work at the project
site at regular intervals as construction
progresses.

· Providing a full-time resident project

representative and supporting staff as needed
during construction to ensure that the project
is completed in accordance with the
construction plans, specifications, and other
contract documents.
 · Giving instructions to contractors from the
client, providing necessary interpretations
and clarifications of contract provisions,
generating change orders, requesting special
inspections, and testing of the work, and
making comments about the work's
acceptance.

Construction Phase · Making recommendations to the client about

corrective actions or contractual measures
that the owner may take.

· Illustrations are needed to answer problems

that arise because of the actual field
conditions observed.
 · Estimating the amount of progress
payments due based on the degree of
work accomplished and recommending
that the customer provide such
payments.

· Monitoring and assisting with

performance tests and the project's
initial functioning.

Construction Phase · Developing record drawings based on

the contractor's information.

· Making a final inspection and reporting

on the project's completion, including
recommendations on final payments to
contractors and the release of
retained percentages.
 As a fundamental service, a civil engineer
may assist in the start-up of project
operations. A manual for both operating
and maintenance requirements may be
Operation Phase commissioned from the Civil Engineer. He
or she may also assist with equipment
adjustments and balance.
 After obtaining a contractor's license, a
registered civil engineer may engage in
construction contracting. It is immoral for
a civil engineer to allow his license to be
Construction used by anyone other than his own building

Services
company. When a Civil Engineer is hired, he
or she must follow the profession's code of
ethics.
 Investigations, reports, and activities outside

Special Services for the scope of the basic services may be

provided during the study, design, building, and

Construction operation phases of a project. Professional

engineers and other professionals may be

Progress involved in the study, compilation of

engineering data, and acquisition of property.
Special services that the Civil Engineer may perform or negotiate with other firms or sub-consultants on
behalf of the customer can include the following:

· Geotechnical Engineering, which includes test borings, sampling, and analysis, as well as
recommendations.

· Detailed research, testing, and process evaluations to develop design criteria or show
compliance.

· Land surveys, delineation of boundaries and monuments, creation of easement descriptions,

and related computations and drawings.

· Topographic and engineering surveys for design and construction.

· Equipment and materials are inspected at the mill, shop, or laboratory.

· Beyond the quantity indicated in the Basic Services agreement, additional copies of reports,
construction drawings, specifications, and other documents are necessary for bidding and
construction.
· Value engineering reviewing the work of other engineers, either within the same organization
or in other firms to assess whether a suggested solution is optimal and, if not, to provide a
better method for achieving the project's functional and financial criteria.

· Modify to reflect modifications requested by the client or needed by the client's acceptance
of the contractor's suggested substitutes.

· Helping the client as an expert witness in project-related litigation or hearings before

approval and regulatory agencies.

· Final investigations involving detailed consideration of operation, maintenance, and overhead

expenses, preparation of final rate schedules and earning and expense statements. Appraisals,
valuations, and material audits or inventories required for certification of force account
construction performed by the client or for extra work done by the contractor.

· Preparation of detailed grant or advance applications and accompanying paperwork for public
works projects.
· Subdivision plan plotting, computation, and filing, as well as lot staking and other land planning
and partitioning activities.

· Development of environmental assessments and impact statements, as well as other public

hearing support for the client.

· Further research and design efforts to address unique situations observed during
construction.

· Helping the customer with the selection and engagement of architects, other engineers,
contractors, and subcontractors, as well as the inspection and approval of their services or
work; contacting governmental bodies to obtain permissions and paperwork; and other project
development services.

· Examination of a completed projects capacity, maintainability, operability, or dependability in

relation to its design aim.

· Simulation and modeling on a computer.

Engineering Support and Services

Services such as soil and rock borings are typically required in geotechnical engineering. The
acquisition of suitable data frequently necessitates the use of professional Civil Engineering
judgment and assistance. Because the accuracy and usefulness of data gathered in field and
laboratory investigations are critical to the validity of any engineering conclusion.
Academic Services
These services include full or part-time teaching or training of prospective professionals, as well as the upgrading
of fellow professionals' knowledge and abilities. Academic services may include:

· Teaching of civil engineering courses in engineering colleges/universities is covered by the CHED. All subjects
for licensure examinations must be taught by people who have valid certificates of registration/professional
licenses and professional identification cards, or special temporary permits, or a valid certificate of competency.

· Giving instruction in civil engineering courses developed by the Philippine Institute of Civil Engineers for
practicing engineers seeking CPD credits.

· Conducting tutorials and refresher courses on civil engineering ideas and associated topics.

· Engaging in a Technical Session as a Resource Speaker.

· Technical writing, such as articles and booklets.

Services as Employee

A Civil Engineer who works part-time for a company is regarded an employee and a consultant at
the same time. Without formal consent, a licensed Civil Engineer may not allow his license to be
used by the company where he works.