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 satisfactorily 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 the effort at the beginning or end of a project.
These efforts must be conscious, continuous, and consistent throughout all the phases of a
project.

Quality results from team effort and is measure by the 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 a manner meeting the standard of care of the profession of Civil Engineering.

1.2 PROFESSIONAL RESPONSIBILITY

The standard of practice is for Civil Engineering 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 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 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 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
Service)

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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 Service).

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 judgment, 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 may change or has changed the scope of the services, the
Civil Engineers 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 to 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 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.

9. 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.

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 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.

4. The Client shall, as soon as possible 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 ENGINEEER 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 employee or agent of the Client,
Other Consultants, Contractor or suppliers.

2. Not with standing 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 of
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, methods, 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.

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1.3.3 b. Damages

If found that the Civil Engineer undertaking Services is liable to the Client, damages shall to
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 lability, 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

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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 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
be 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, impact statements, or Engineering reports

 Opinions of probable construction cost

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

 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 and 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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