Professional Practice

for Civil Engineers

CE
CE LAWS,
LAWS, ETHICS
ETHICS AND
AND
CONTRACTS
CONTRACTS

GROUP
GROUP33
WHAT IS A CIVIL
ENGINEER?
FUNDAMENTAL PRINCIPLES
Civil engineers uphold and advance the integrity,
honor and dignity of the civil engineering profession by:
1. Using their knowledge and skills for the
enhancement of human welfare and the
environment.
2. Being honest and impartial and serving with
fidelity the public, their employers/employess and
clients.
3. Striving to increase the competence and prestige
of the civil engineering profession; and
4. Supporting the professional and technical societies
of their disciplines.
CODE OF ETHICS
FUNDAMENTAL CANONS
1. Civil engineers shall hold paramount the safety,
health and welfare of the public and shall strive to
comply with the principles of sustainable
development in the performance of their duties.
2. Civil engineers shall perform services only in areas of
their competence.
3. Civil engineers shall issue public statements only in
an obejective and truthful manner.
4. Civil engineers shall act in professional matters for
each employers or client as faithful agents or
trustees, and shall avoid conflicts of interest.
FUNDAMENTAL CANONS
5. Civil engineers shall build their professional reputation
on the merit of their services and shall not compete
unfairly with others.
6. Civil engineers shall act in such a manner as to
uphold and enhance the honor, integrity, and dignity
of the civil engineering profession.
7. Civil engineers shall continue their professional
development throughout their careers, and shall
provide opportunities for the professional
development of those civil engineers under their
supervision.
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FUNDAMENTAL CANONS
 CANO
N1
Civil engineers shall hold
paramount the safety, health and
welfare of the public and shall strive
to comply with the principles of
sustainable development in the
performance of their duties.
 CANO
N2
Civil engineers shall perform
services only in areas of their
competence.
 CANO
N3
Civil engineers shall issue public
statements only in an obejective and
truthful manner.
 CANO
N4
Civil engineers shall act in
professional matters for each
employers or client as faithful agents
or trustees, and shall avoid conflicts
of interest.
 CANO
N5
Civil engineers shall build their
professional reputation on the merit
of their services and shall not
compete unfairly with others.
 CANO
N6
Civil engineers shall act in such a
manner as to uphold and enhance
the honor, integrity, and dignity of
the civil engineering profession.
 CANO
N7
Civil engineers shall continue their
professional development throughout
their careers, and shall provide
opportunities for the professional
development of those civil engineers
under their supervision.
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SECTION 1: The Practice

of Civil Engineering
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1.1 1.2 1.3
GENERAL PROFFESSIONAL CLIENT-CIVIL EN
RESPONSIBILITY GINEER RELATIO
NSHIPS

1.4 1.5 1.6

CIVIL ENGINEERI SPECIALIZATION SELECTION OF A
NG SERVICES IN CIVIL ENGINEE CIVIL ENGINEE
RING R

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1.7 1.8 1.9
PRIME PROFESSI EMPLOYMENT DESIGN COMPE
ONAL PRACTICE TION

1.10 1.11
CONTINGENCY PROFESSIONAL PRACTICE OF F
BASIS OF EMPLO OREIGN CIVIL ENGINEERS
YMENT

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1.1 GENERAL
The manual address the procurement of the 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,
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
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consistent throughout all the phases of a project.
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1.2. PROFESSIONAL RESPONSIBILITY

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 Practices in their
dealing with Client employers, employees, competitors,
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and the community.
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1.3. CLIENT-CIVIL ENGINEER

RELATIONSHIP
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.
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1.4. CIVIL ENGINEERING SERVICES

• 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 Awarding
Contracts
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1.4. CIVIL ENGINEERING SERVICES

• 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

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1.4. CIVIL ENGINEERING SERVICES

• Value Engineering
• Expert Testimony
• Assessment of Risks
• Structural Remediation or Rehabilitation
• Project Management and Controls
• ProvisIon of Supplemental Temporary Staff
• Teaching

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1.4. CIVIL ENGINEERING SERVICES

May also serve as construction managers or program
managers and may employ other subconsultants and
subcontractors as part of their services.

CE specializations: structural and foundation,

geotechnical and environmental, water resources and
hydraulics, transportation, and construction management
and engineering.

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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. RETURN
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1.5. SPECIALIZATION IN CIVIL

ENGINEERING
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.
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1.6. SELECTION OF A CIVIL
ENGINEER
- Qualifications
- Experience
- Reputation
- Quality of Client Service

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1.6. SELECTION OF A CIVIL
ENGINEER
A clearly defined scope of services reduces
the potential for misunderstandings and
confusion which can later evolve into project
delays and claims for additional compensation.

A details scope of services protects the

interests of both the client and the consultants

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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, or
turnkey project.

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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.

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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.
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1.10. CONTINGENCY BASIS OF

EMPLOYMENT
Canon 5c or the PICE Code of 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. RETURN
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1.11. PROFESSIONL PRACTICE OF

FOREIGN CIVIL ENGINEER
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 of such foreign
state or country.
2. Allowed under international agreement.

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1.11. PROFESSIONL PRACTICE OF

FOREIGN CIVIL ENGINEER
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,
sojourn or permanent residence, desire to practice their
profession.
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PART 1
[Link] Engineers shall conduct themselves in
a highly professional manner and serve as
faithful trustees or agents of their client or
employers.
[Link] 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.
[Link] are written set of expectations of an
organization on how its employees should
conduct 8 themselves.
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PART 1
4.- 8. Civil Engineering specializations recognized by
PICE
9-12. Critical factors to consider in the selection of
Civil Engineer as a consultant.
[Link] many days shall a notice be given by the
client to the civil engineer in cases when client
suspends or terminates work?
14. The professional who is the main consultant and
has direct contact with the client.
15. The law that allows foreign civil engineers to
practice their profession here in the country?

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PART 2: TRUE OR FALSE

[Link] engineers shall hold paramount the safety,
health and welfare of the public and shall strive to
comply with the principles of sustainable
development in the performance of their duties.
[Link] 5c or the PICE Code of 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.
3.A foreign Civil Engineer can freely practice his
profession in the country and receive the same
privileges as a Filipino Civil Engineer.
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PART 2: TRUE OR FALSE

[Link] required, the Civil Engineer shall
direct or 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 be professionally liable for their work.
[Link] 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.
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1.3.1

1.3.2

CLIENT-CIVIL ENGINEER 1.3.3

RELATIONSHIP
1.3.4

1.3.5

1.3.6
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1.3.1. OBLIGATIONS OF THE CIVIL
ENGINEER
1.3.1
[Link] Civil Engineer shall perform the Scope
of the Services as stated in SECTION 2. 1.3.2
[Link] Civil Engineer shall exercise reasonable
skill, care and diligence in the performance of his 1.3.3
obligations
[Link] Civil Engineer shall act independently 1.3.4

and, as required by the contract, perform with the

necessary skills and professional judgment, when 1.3.5

required to certify, decide or exercise discretion

1.3.6
between the Client and a Third party with whom
CLIENT-CIVIL
the Client hasENGINEER RELATIONSHIP
a contract.
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1.3.1. OBLIGATIONS OF THE CIVIL
ENGINEER
1.3.1
[Link] Civil Engineer is authorized to act as the
Client’s faithful agent when required but only as 1.3.2
implied in SECTION 2 or in contract adopted for
the Project. 1.3.3
[Link] aware of any matters which will
change or has changed the scope of services, the 1.3.4

Civil Engineer shall give written notice to the

Client containing particulars of the change. 1.3.5

[Link] Specified Staged Services, the Civil

1.3.6
Engineer shall not initiate or proceed with any
CLIENT-CIVIL stage
subsequent ENGINEER
of RELATIONSHIP
the Services without the
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1.3.1. OBLIGATIONS OF THE CIVIL
ENGINEER
1.3.1
[Link] required, the Civil Engineer shall
direct or co-operate with all other professionals 1.3.2
and integrate their work where applicable into
that being undertaken by the Civil Engineer and 1.3.3
other professionals, but shall not be
professionally liable for their work. 1.3.4

[Link] Civil Engineer may recommend

specialist suppliers and/or contractors to design 1.3.5

and execute certain parts of the Works, in which

1.3.6
case the Civil Engineer shall co-ordinate the
CLIENT-CIVIL
design ENGINEER
of such part or -RELATIONSHIP
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1.3.1. OBLIGATIONS OF THE CIVIL
ENGINEER
1.3.1
parts with the overall design of the Works but he
shall be relieved of all responsibility for the 1.3.2
design, manufacture, installation and
performance of any such part or parts of the 1.3.3
Works. The Civil Engineer shall not be liable for
acts of negligence, default or omission by such 1.3.4

person or persons.
[Link] Civil Engineer shall notify the Client of 1.3.5

any interest the Civil Engineer has which may

1.3.6
significantly conflict with the interests of the
CLIENT-CIVIL
Client ENGINEER
under their RELATIONSHIP
Contract.
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CLIENT
1.3.1
[Link] Client shall pay the Civil Engineer for his
Services, the amount of fees and expenses set 1.3.2
out in or determined in their Agreement.
[Link] Client shall provide the Civil Engineer 1.3.3
within reasonable time (that does not result in
delay to the provision of the Services), all 1.3.4

information required by the Civil Engineer in the

performance of his services and a decision in 1.3.5

writing on all matters properly referred to the

1.3.6
Client in writing.
CLIENT-CIVIL ENGINEER RELATIONSHIP
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CLIENT
1.3.1
[Link] Client shall cooperate with the Civil
Engineer and shall not interfere with or obstruct 1.3.2
the proper performance of the Services.
[Link] Client shall, as soon as practicable, 1.3.3
make arrangements to enable the Civil Engineer
to enter the site and inspect facilities needed in 1.3.4

the performance of his services.

[Link] Client shall arrange for the provision of 1.3.5

services from others as may be required and bear

1.3.6
all costs.
CLIENT-CIVIL ENGINEER RELATIONSHIP
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CLIENT
1.3.1
[Link] the Civil Engineer is required to
administer the work of other professionals or 1.3.2
other third parties who are directly contracted by
the Client or when the Civil Engineer is required 1.3.3
to act as Engineer-to-the-Contract for any
contract on behalf of the Client then all 1.3.4

instructions by the Client shall be given through

the Civil Engineer. 1.3.5

1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP

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CLIENT
1.3.1
[Link] aware of any matter which will
change or has changed the scope of the Civil 1.3.2
Engineer’s Services, the Client shall notify in
writing within 7 days the Civil Engineer 1.3.3
containing, as far as practicable, the particulars
of the change. 1.3.4

1.3.5

1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP

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1.3.3 LIABILITY OF THE CIVIL ENGINEER
AND THE CLIENT
1.3.1
The Civil Engineer shall only be liable to pay
damages to the client arising out of or in 1.3.2
connection with their agreement if a breach of
duty of care is established against the Civil 1.3.3
Engineer.
The Client shall only be liable to pay damage 1.3.4

to the Civil Engineer if a breach of the Client’s

duty to the Civil Engineer is established against 1.3.5

the Client.
1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP

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1.3.3 LIABILITY OF THE CIVIL ENGINEER
AND THE CLIENT
1.3.1
Resolution of any conflict arising from the
Agreement between the Civil Engineer and the 1.3.2
Client shall be done by giving preference to the
process of arbitration. 1.3.3
Establishment of the breach of duty on the
part of the Civil Engineer and that of the breach 1.3.4

of the Client’s duty to the Civil Engineer shall be

Undertaken by a third party arbitrator mutually 1.3.5

acceptable to the Civil Engineer and the Client.

1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP

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1.3.3 a. LIMITATIONS OR CIVIL
ENGINEER’S RESPONSIBILITY
1.3.1
1. The Civil Engineer shall have no
responsibility or liability for costs, loss or damage 1.3.2
of whatsoever nature arising from any in or
omissions from data, documents, plans, design 1.3.3
or specification not prepared by the Civil
engineer, or other personnel under the direct 1.3.4

control of the Civil engineer, and arising from any

act or omission or lack of performance or any 1.3.5

negligent or fraudulent act or omission by the

1.3.6
client or any other consultant, contractor or
CLIENT-CIVIL
supplier ENGINEER
to the client orRELATIONSHIP
any employee or
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1.3.3 a. LIMITATIONS OR CIVIL
ENGINEER’S RESPONSIBILITY
1.3.1
agent of the client, other consultants, contractor
or supplier. 1.3.2
2. The civil engineer shall not be liable for the
performance of other consultants, contractors, 1.3.3
suppliers (regardless of recommendation).
1.3.4

3. The civil engineer shall not be responsible

for the procedures of techniques adopted by any 1.3.5

third party.
1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP

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1.3.3 b. DAMAGE
1.3.1
If found that the Civil engineer undertaking Services is liable to
the client, damage shall be payable on the following terms.
1.3.2
1. Damages for the foreseeable loss and damage as a result
of the breach.
2. The maximum amount is specified in the Specific 1.3.3
Provision. However, if no specific amount is given: the
lesser of 300,000Php or 10% of the total amount damages 1.3.4
or 25% of the total fees payable under the agreement.
3. If a third-party is found liable in some parts of the service,
the amount payable shall be limited to the proportion of 1.3.5

work under breach.

1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP

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1.3.4 SUSPENSION OR TERMINATION OF
SERVICES
1.3.1
In cases when the civil engineer is not liable but it
is impossible to continue the project, the civil engineer
1.3.2
shall notify the client promptly.
if by reason of the above mentioned circumstances
1.3.3
certain service had been suspended, time shall be
extended
1.3.4
A 30-day (minimum)notice shall be given by the
client to the civil engineer in cases when client
1.3.5
suspends or terminates work. Upon notification, civil
engineer should make necessary arrangements to stop
1.3.6
operation.
CLIENT-CIVIL ENGINEER RELATIONSHIP
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1.3.4 SUSPENSION OR TERMINATION OF
SERVICES
1.3.1
A 30-day (minimum)notice shall be given by the
civil engineer for suspension or termination of services
1.3.2
under the following conditions:
1. When 30 days after the due date or payment of any
1.3.3
account the civil engineer has not received payment
of that part of it which has not by that time been
1.3.4
contested in writing, or
2. When the client suspends work for more than six
1.3.5
months, or if it is clear to the civil engineer that it is
impractical to continue services before the
1.3.6
suspension exceeds six months.
CLIENT-CIVIL ENGINEER RELATIONSHIP
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1.3.4 SUSPENSION OR TERMINATION OF
SERVICES
1.3.1
When services are suspended or terminated,
the civil engineer is entitled to the payment of 1.3.2
the following:
Consequential cost 1.3.3
Expenses and disruption fees
Remobilization fees on resumption 1.3.4

Suspension or termination of agreement shall

not prejudice or affect accrued right or claims and 1.3.5

liabilities of the parties.

1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP

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1.3.5 SETTLEMENT OF DISPUTE

1.3.1
If a dispute arises on either party,
then that party shall be notice in writing 1.3.2

served on the other party of the details of

1.3.3
the dispute and request that the dispute
be resolved by conciliation. If the matter 1.3.4

in dispute is not resolved in conciliation

1.3.5
between the parties within the prescribed
time then the matter in dispute shall be 1.3.6

referred to ENGINEER
CLIENT-CIVIL arbitration.
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AB 1.3.6 OWNERSHIP OF DATA, DESIGN AND
DOCUMENTS
1.3.1
The civil engineer owns the following
documents, which shall be used for specific 1.3.2
projects covered in the contract between the
client and the engineer: 1.3.3
Design analyses
Drawings 1.3.4

Specifications
Reproductions 1.3.5

1.3.6

CLIENT-CIVIL ENGINEER RELATIONSHIP