THE PROFESSIONAL PRACTICE OF CIVIL ENGINEERS

1.1 GENERAL

This manual addresses the procurement of civil engineering services for a quality
project. Quality by definition is one 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, and planning and innovation,
fair compensation, and appropriate authority and responsibility. It cannot be
achieved only by effort at the beginning or end of a project. These efforts must be
conscious, continuous, and consistent throughout all phases of a project. Quality
results from team effort and is measured 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
predicted 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 Engineers to be given responsibility for

studying, conceiving, designing, observing construction, and assisting in the
programming for operating and maintaining engineering works. Others services
that are unforeseen initially may be required of the Civil Engineers during the
evolution of a project. The health, safety. Well-being and comfort of the public in
using a facility, and the ultimate facility cost, all depend to a considerable extend
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 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
Engineers work engagement. Civil Engineers must always strive to maintain the
highest standard of Ethical Professional Practice in their dealing with Client
employers, 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 this manual. These are discussed below (See Annex A for
Sample Contracts of Services).
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 sill, care and diligence in the
performance of his obligations.
3. 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.
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 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.
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 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 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
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 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.
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 the services from other
professionals or others as may be required and bear all the cost.
 6. When the Civil Engineer is required to administer the work of the other
professionals or other third parties who are directly contracted by the client
or when the Civil Engineer is required to act as Engineering-to-the-Contract
for any contract on behalf of the Client the all the 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 practicable, the particulars of the
change.

1.3.3 LIABILITY OF THE CIVIL ENGINEER 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 may conflict arising from the agreement between
the Civil Engineer and the Client shall be done by giving 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 the
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. 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 Consultant Contractor or suppliers.
2. Notwithstanding any recommendations 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, Contractor, suppliers, or
other third party.
3. The Civil Engineer shall not be responsible for the techniques, method,
programmes, sequences, or procedures adopted by any Contractor or the
third party responsible for executing any aspects of the Projects, not for their
performance on time, their failure to carry out the work in accordance with
any contract documents or for any other acts or omission.

1.3.3 b. DAMAGES

If found that the Civil Engineers undertaking Services is liable to the Client,
damages shall be 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 liability, 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 damage 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 omission 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
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
impractical to resume the suspended Services before the period of
suspension has exceeded six months.
3. 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 distribution fees incurred because 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 and 9 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 matter in disputed 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 he 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 (client) 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
 Preliminary and final design, 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 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 sub-consultants 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.

Professional Civil Engineering firms draw upon the combined various disciplines
such as economists, planners, and designers, estimators, architects, scientists,
analysts, specification writers, drafters, field, surveyors, and others. The expertise
of and specialists in other fields, particularly as the use of and computer-aided
design and drafting increases, is Likewise, Civil Engineers are employed by these
to assist them in the performance of their respective

Civil Engineer provides services which may result in the client's financial
resources for construction of a proposed project. The suitability of the constructed
project for the intended must often be accepted at face value by the client, who be
unfamiliar with the technical and civil engineering aspects of this project. Thus,
civil engineering services must be performed in a competent and efficient manner,
on a highly professional and plane, and in an atmosphere of mutual respect and
trust.

Implementation has become increasingly complex, involving environmental,

regulatory, technical and managerial. As a result, clients have opted to pursue a
number of implementation approaches. One such approach is commonly to
perform management. The client retains a program manager to perform
specialized tasks necessary to the development or construction of a specific
project. Alternatively, the client may a program manager to develop, define and
oversee the program, prepare budgetary estimates of program costs, prepare
program schedules, evaluate and select members of the program and provide
periodic program status reports.

In other cases, the program manager's staff would in essence act as an

extension and interact with, the client's staff through the life of the program.
At most cases, the client continues to be the contracting agent with members of
the program team and the contractors hired to struct the project. The Program
Manager is generally a Civil

1.5 SPECIALIZATION IN CIVIL ENGINEERING

Within the practice of civil engineering, the PICE recognizes the initial five
areas of specialization. A Civil Engineer who has demonstrated his knowledge,
experience, education and training in accordance with the requirements of the
concerned Specialty Committee of the PICE is awarded a certificate of
specialization by PICE. Those awarded with the certificates are considered qualified
for positions in the respective areas of specialization.

The PICE recognizes specializations in the fields of structural engineering,

geotechnical engineering, water engineering, transportation engineering, and
construction management and engineering. A Civil Engineer who has specialized in
any area of civil engineering may be considered as a specialist in the appropriate
field as enumerated.

1.6 SELECTION OF A CIVIL ENGINEER

The engagement of a Civil Engineer is one of the most important decisions to be

made during the development of an engineering project. The accomplishment of
the client’s objectives and commitment of financial resources, soundness of
design, and suitability of the proposed project for its intended function rest upon
the experience, organization, skill, integrity, and judgment of the Civil Engineer.
The Civil Engineer’s recommendations based on these factors, affect life-cycle
costs and thereby influence the economic feasibility of the undertaking.

The cost of the full range of engineering services typically amounts to not less than
1 to 2% of the life-cycle cost of most construction projects. It is, therefore in the
client’s best interest to engage the most qualified and reputable Civil Engineers or
Civil Engineering firm available. It is usually advantageous for the client to select a
Civil Engineer who can support the project from conception through design,
construction, and project start-up. Continuity of service aids in developing
relationship between the Civil Engineer and the client, which will add to the
success of the project.

Classifications, experience, reputation, and quality of client service are of critical

importance in the selection of a Civil Engineer as a consultant. Selection based
primarily on cost of services, with limited consideration of the competence or
expertise of the consultant can result in unsatisfactory service to the client and in
higher overall project costs.

The Civil Engineers competence in specialty fields, performance on other projects

of similar nature, interrelationship with the design team members, personnel
assignments, provision for independent reviews, and costs, insurance and other
annual charges and the resulting life-cycle costs of the project. Importantly, the
client should recognize that selecting an engineer based on quality and expertise is
somewhat subjective. It is imperative that clients assign those individuals who are
best suited within their organizations to make that selection.

Once a Civil Engineer is selected, detailed discussions between the engineer and
client to define the scope and expectations of the engineering services to be
provided, are essential before negotiating a fee for services. A clearly defined
scope of services greatly reduces the potential for misunderstandings or confusion
which can later evolve into project delays and claims for additional compensation.
A detailed scope of services protects the interests of both the client and the
consultants.

The Philippine Institute of Civil Engineers supports procedures such as those

specified by CIAP Documents 101 and 102, Executive Order 164, and PD 1594 as
amended. In applying these procedures the selection, procurement and
administration of engineering services should be the responsibility of the owner or
the owner’s engineering staff.

1.7 PRIME PROFESSIONAL PRACTICE

The guidelines in this manual refer specifically to the engagement of engineering

services where the consulting Civil Engineers serve as the client directly as a prime
professional and where the client is usually also the owner of the project. Some
information in this manual is also applicable when the Civil Engineer serves the
client indirectly as a sub-consultant through another engineer or architect who
serves as the prime professional. These services may also be performed through
another entity on a design-build construction management, turnkey project.

1.8 EMPLOYMENT

The guidelines in this manual also refer to Civil Engineers employed by

professional consulting firms, government agencies, educational institutions,
construction firms, manufacturing and commercial entities and other entities.

1.9 DESIGN COMPETITION

Design competition is a process through which a Civil Engineer is selected above

other competitors based on proposal or an innovative approach to solving a client’s
needs. Competing firms are normally shortlisted from a number or engineers
responding to a client, solicitation either directly, by a letter request or indirectly
through a newspaper or other form or publication. The civil engineer should be
awarded a stipend to participate in the competition.

1.10 CONTINGENCY BASIS OF EMPLOYMENT

Canon 5c or the PICE Code or Ethics provides that “Engineers may request,
propose or accept professional commissions on a contingency basis only under
circumstances in which their professional judgments would not be compromised”.
Although contingent commissions are permissible, it is the general view of PICE
that it is not in the best interest of the client or the public for the Civil Engineer to
provide professional services on a contingency basis.

1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS

Foreign Civil Engineers are allowed by law (See RA 8981) to practice civil
engineering in the Philippines under the following instances.

1. The laws of the foreigner’s state or country allow the citizens of the
Philippines to practice civil engineering on the same basis and grant the
same privileges as those enjoyed by the subjects or citizens such foreign
state or country.
2. Allowed under international agreement.
3. Consultants to be engaged in foreign-funded, joint venture or foreign-
assisted projects of the government.
4. Employees of Philippine or foreign private institutions pursuant to law.
5. Civil Engineers who were former citizens of the Philippines, who had been
registered and issued a certificate of registration and a professional
identification card prior to their naturalization as foreign citizens, and who,
while in the country on a visit, sojoum or permanent residence, desire to
practice their profession.

The application of the law is however not automatic. Foreign civil engineers must
still secure a certificate of registration/license or special permit from the
Professional Regulation Commission. Agencies, organizations or individuals,
whether public or private who secure the services of a foreign Civil Engineer, are
made responsible by law (R.A. 8981) for securing a special permit from the PRC
and the Department of Labor and Employment pursuant to their respective rules.